Considerations on COM(2023)752 - Passenger rights in the context of multimodal journeys - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)752 - Passenger rights in the context of multimodal journeys. |
|---|---|
| document | COM(2023)752 |
| date | November 29, 2023 |
(2) The implementation of the rights established and protected under those Regulations has however revealed shortcomings for passengers who perform or intend to perform a journey involving a combination of transport modes, thereby preventing the full potential of passenger rights to be realised.
(3) In the framework of the common transport policy, it is important to safeguard the rights of passengers switching modes of transport in order to assist the development of multimodal travel and improve the choice for passengers in terms of travel options.
(4) The Union standards of protection set by Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) 2021/782, (EU) No 1177/2010 and (EU) No 181/2011 for travelling using one mode of transport should therefore be extended to cover the rights of passengers switching between modes of transport and to ensure that undertakings which are involved in a multimodal journey operate under harmonised rules.
(5) Legal protection should be provided for passengers who perform multimodal journeys where there is no specific sectoral Union legislation on the matter.
(6) The rights for passengers who perform multimodal journeys established in this Regulation should complement the protection that those same passengers already enjoy under the Union legislation on passenger rights. Therefore, this Regulation should be without prejudice to the rights and obligations under that legislation.
(7) This Regulation should not apply to single multimodal contracts where they are part of a package and a right to reimbursement arises under Directive (EU) 2015/2302 of the European Parliament and Council6. In view of the protection to passengers foreseen under that Directive, this Regulation should also not apply to combined multimodal tickets where they are combined by an organiser as part of a package.
(8) Member States should ensure that discrimination on the basis of the nationality of the passenger or the place of establishment within the Union of the carrier or intermediary is prohibited when carriers or intermediaries offer contract conditions and tariffs for multimodal journeys to the general public. Social tariffs should not be prohibited, provided that such measures are proportionate and independent of the nationality of the passenger concerned. In light of the development of online platforms selling passenger transport tickets, Member States should pay special attention to ensuring that no discrimination on the basis of nationality of the passenger or the place of establishment within the Union of the carrier or intermediary occurs during the process of accessing online interfaces or purchasing tickets. Furthermore, regardless of how a certain type of a ticket is purchased, the level of protection of the passenger should be the same.
(9) Member States should ensure that carriers and intermediaries offering transport contracts for the purpose of a multimodal journey inform the passenger of the type of ticket or tickets associated to that journey and their corresponding rights, in particular with regard to missed connections.
(10) Access to travel information, including real-time data, makes multimodal travel easier and provides passengers with a wider range of journey possibilities. In this regard, Commission Delegated Regulation (EU) 2017/19267 sets out the accessibility of such travel and traffic information data to National Access Points, in order to ensure that ticket vendors can inform passengers before and during their journey. In order to avoid any unnecessary burden for carriers offering single multimodal contracts, they should be able to comply with provisions under this Regulation to provide travel information to other carriers and intermediaries selling their services to the extent where they provide this data to such National Access Points.
(11) Carriers and intermediaries that are small and medium-sized enterprises (SMEs) fulfilling the criteria laid down in Annex I to Commission Regulation (EU) No 651/20148 often have limited resources, which may restrict their access to information, notably in the context of new technology. Therefore, such carriers and intermediaries should be exempted from the requirements on the provision of real-time information to multimodal passengers.
(12) Passengers having a single multimodal contract and who miss a connection due to a delay or cancellation of a preceding service under that contract should be able either to obtain reimbursement of their tickets or to obtain re-routing under satisfactory conditions, and they should be adequately cared for while awaiting a later connection.
(13) Where a single multimodal contract is booked via an intermediary, the intermediary and the contracting carrier should inform the passenger about the reimbursement process. In particular, the contracting carrier should state publicly whether it cooperates with intermediaries for the processing of reimbursements, and if so with which it does so.
(14) Correct information as regards a multimodal transport service is also essential when passengers buy tickets from intermediaries. Where intermediaries sell separate tickets for different transport services as a bundle in the form of a combined multimodal ticket, they should clearly inform the passenger that those tickets do not offer the same level of protection as single multimodal contracts and that those tickets have not been issued as single multimodal contracts by the carrier or carriers providing the service. Where intermediaries fail to comply with this requirement, their liability should include the reimbursement of the ticket amount and an additional compensation equivalent to 75% of that amount.
(15) In light of the United Nations Convention on the Rights of Persons with Disabilities and in order to give persons with disabilities and persons with reduced mobility opportunities for multimodal travel comparable to those of other citizens, rules for non-discrimination and assistance during their multimodal journey should be established. In particular, special attention should be given to the provision of information to persons with disabilities and persons with reduced mobility concerning the accessibility of transport services, access conditions of vehicles and the facilities on board when switching modes. If information to persons with disabilities and reduced mobility is provided in accessible formats, it should be provided in accordance with the applicable legislation such as the accessibility requirements set out in Annex I to Directive (EU) 2019/8829. In light of the benefits in terms of security, convenience and accessibility, Member States should encourage the use of European digital identity wallets for identification and authentication in multimodal transport scenarios, particularly aiding vulnerable persons or persons with disabilities.
(16) Carriers and multimodal hub managers should actively cooperate with organisations representing people with disabilities in order to improve the quality of accessibility of transport services. In order to facilitate access to multimodal passenger services for persons with disabilities and persons with reduced mobility, Member States, carriers and terminal managers should set up national Single Points of Contact to coordinate information and assistance at multimodal passenger hubs in certain major urban nodes.
(17) In addition, Member States should have the possibility to require carriers and terminal managers to set up national Single Points of Contact to coordinate information and assistance at additional multimodal passenger hubs.
(18) Carriers and terminal managers should define, manage and monitor service quality standards for multimodal passenger services. Carriers should also make information on their service quality performance publicly available.
(19) This Regulation should not affect the rights of passengers to file a complaint with a national body or to seek legal redress through national procedures.
(20) In order to maintain a high level of consumer protection in multimodal transport, Member States should be required to designate national enforcement bodies to monitor closely the application of this Regulation and to enforce it at national level. Those bodies should be able to take a variety of enforcement measures. Passengers should be able to complain to those bodies, or any other body designated by a Member State to this effect, about alleged infringements of the Regulation. It should be noted that Member States may choose to designate a national enforcement body that is also designated as the body responsible for the enforcement of other Union rules on passenger rights.
(21) Processing of personal data should be carried out in accordance with Union law on the protection of personal data as laid down in in Regulation (EU) 2016/679 of the European Parliament and of the Council.10 Any processing of personal data must in particular take place in accordance with the requirements set out in Article 5(1) and Article 6(1) of that Regulation. It should also be noted that the obligations to provide information to passengers concerning their rights are without prejudice to the obligation of the controller to provide information to the data subject pursuant to Articles 12, 13 and 14 of Regulation (EU) 2016/679.
(22) In order to ensure that a passenger receives travel information about a multimodal journey, both before and during that journey, the sharing of passenger contact details with the carrier could be necessary. The carrier may use these contact details exclusively for the purpose of fulfilling the information obligation under this Regulation and to fulfil the carrier’s obligations under applicable Union law on safety and security. This personal data should not be processed for any other purposes and should be deleted within 72 hours after the completion of the contract of carriage unless further retention of the contact details is justified to fulfil obligations in respect of the passenger’s right to re-routing, reimbursement or compensation.
(23) Member States should lay down penalties applicable to infringements of this Regulation and ensure that these penalties are applied. The penalties should be effective, proportionate and dissuasive.
(24) Since the objectives of this Regulation, namely the development of the Union’s market for multimodal passenger transport and the establishment of passengers’ rights in the context of multimodal journeys, cannot be sufficiently achieved by the Member States, and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
(25) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.11 The examination procedure should be used for the adoption of the common forms for reimbursement and compensation requests.
(26) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, in particular Articles 21, 26, 38 and 47 concerning, respectively, the prohibition of any form of discrimination, the integration of persons with disabilities, the ensuring of a high level of consumer protection, and the right to an effective remedy and to a fair trial. The Member States’ courts must apply this Regulation in a manner consistent with these rights and principles,
(27) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on [ ].