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DRAFT OPINION (COM(2023)0753 – C90434/2023 – 2023/0437(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union

IMCO-PA-766984

Committee on the Internal Market and Consumer Protection · Rapporteur: Cynthia Ní Mhurchú

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The Committee on the Internal Market and Consumer Protection's draft opinion supports the Commission's proposal to strengthen enforcement of EU passenger rights across air, rail, bus and coach, and waterborne transport. It proposes amendments to add a definition of 'recognised assistance dog', require accessible information and complaint forms, and let passengers submit requests in the language of the booking. It would require carriers and intermediaries to share contact and assistance details with air carriers and delete them within 72 hours after the contract of carriage ends. It would have the Commission set up an EU coordination mechanism for cross-border cases and require member states to give national enforcement bodies sufficient resources. It would strengthen rail rules on accommodation, assistance dogs and compensation for mobility equipment, assistive devices and assistance dogs.

Committee position. The rapporteur welcomes the Commission proposal and proposes amendments to strengthen it, including a definition of 'recognised assistance dog', accessible complaint forms, data-sharing rules, an EU coordination mechanism for national enforcement bodies, and stronger rail provisions on assistance dogs and compensation.

Key points

  1. The draft opinion welcomes the Commission proposal and says enforcement of passenger rights varies between member states, leaving passengers with inconsistent treatment and limited recourse.
  2. It calls for minimum standards for national enforcement body resources, modern technologies to monitor compliance, and harmonised penalties for infringements.
  3. It says persons with disabilities and persons with reduced mobility should have equal access to transport without advance notification, with clear assistance standards, accessible digital tools and fair treatment during delays, cancellations and boarding.
  4. It would add a definition of 'recognised assistance dog' to the air, waterborne, bus and coach, and rail passenger rights regulations.
  5. It would require air carriers and intermediaries to inform passengers about reimbursement in a clear, user-friendly, comprehensible, easily accessible and inclusive manner at booking and on the booking confirmation.
  6. It would make reimbursement through an intermediary free of charge and prevent it being reduced by financial transaction costs such as fees, telephone costs or stamps.
  7. It would require intermediaries to give air carriers the passenger's contact details, booking details and any assistance or accommodation notification for reduced mobility, and carriers to delete these details within 72 hours after the contract of carriage ends unless retention is justified.
  8. It would require the Commission to adopt an implementing act establishing a common, inclusive and user-friendly form for compensation and reimbursement requests, with passengers able to submit requests in at least the language of the booking.
  9. It would require carriers and intermediaries to provide national enforcement bodies with relevant documents and information within one month of a request.
  10. It would require the Commission to set up an EU-level coordination mechanism for cross-border cases and member states to equip national enforcement bodies with sufficient resources based on comparable standards.
  11. It would require rail operators to take account of the access needs of persons with disabilities and persons with reduced mobility and the needs of recognised assistance dogs or service animals when providing accommodation.
  12. It would require rail operators to permit recognised assistance dogs to accompany passengers and to compensate for lost or damaged mobility equipment, assistive devices and assistance dogs, including replacement or repair within 14 days.

Who is affected

  • Air carriers and intermediaries: must inform passengers about reimbursement, share and delete contact details, and provide information to national enforcement bodies.
  • National enforcement bodies: would receive more resources and take part in an EU coordination mechanism for cross-border cases.
  • Persons with disabilities and persons with reduced mobility: would gain equal access without advance notification, accessible information and assistance dog recognition.
  • Railway undertakings and station managers: would have to consider assistance dogs and compensate for lost or damaged mobility equipment and assistive devices.
  • Small and medium-sized enterprises: would receive financial and technical assistance to meet passenger rights obligations.

Figures and deadlines

  • 72 hours after the completion of the contract of carriage, for retaining passengers' contact details and assistance requirements.
  • One month from receipt of a request, for carriers and intermediaries to provide documents and information to national enforcement bodies.
  • 14 days, for replacement or repair of mobility equipment or assistive devices lost or damaged.
  • Maximum of three nights, for accommodation that a railway undertaking may limit in certain cases.