Tag Archives: Carriage of passengers

Transfer of cargo and passenger ships between registers within the EU

Outline of the Community (European Union) legislation about Transfer of cargo and passenger ships between registers within the EU

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Transfer of cargo and passenger ships between registers within the EU

Document or Iniciative

Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91 [See amending act(s)].

Summary

The purpose of the regulation is to eliminate the technical barriers to the transfer of cargo and passenger ships flying the flag of a European Union (EU) country between the registers of EU countries while ensuring a high level of ship safety and environmental protection, in compliance with international conventions.

Scope

The regulation applies to passenger ships built on or after 1 July 1998 and cargo ships built on or after 25 May 1980 or ships that were built before those dates but have been certified as complying with the relevant European and the International Maritime Organization (IMO) regulations.

However, the regulation does not apply to:

ships delivered after completion of their construction that do not carry valid full-term certificates from the EU country of the losing register;
ships that have been refused access to EU countries’ ports in accordance with Directive 95/21/EC during the three years preceding application for registration following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control;
ships of war or troopships, or other ships owned or operated by an EU country and used only for government non-commercial purposes;
ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or fishing vessels;
cargo ships of less than 500 gross tonnage.

Transfer between registers

EU countries will not withhold from registration, for technical reasons arising from the conventions, a ship registered in another EU country which complies with the requirements and carries valid certificates and marine equipment in accordance with Council Directive 96/98/EC.

Upon receiving the request for transfer, the EU country of the losing register will provide the EU country of the receiving register with all relevant information on the ship, in particular on her condition and equipment. This information contains the history file of the vessel, a list of the improvements required by the losing register for registering the ship or renewing her certificates and a list of overdue surveys.

Before registering a ship, the EU country of the receiving register will subject the ship to an inspection to confirm that the actual condition of the ship and her equipment correspond to the certificates.

Certificates

Upon the transfer, the EU country of the receiving register, or the recognised organisation acting on its behalf, will issue certificates to the ship under the same conditions as those issued under the flag of the EU country of the losing register.

At the time of renewal, extension or revision of the certificates, the EU country of the receiving register, or the recognised organisation acting on its behalf, will not impose requirements other than those initially prescribed for the full-term certificates.

Refusal of transfer and interpretation

The EU country of the receiving register will immediately notify the Commission of any refusal to issue, or to authorise the issuing of, new certificates to a ship.

Where an EU country considers that a ship cannot be registered for reasons relating to serious danger to security, safety or to the environment, registration may be suspended.

Reporting

EU countries will submit to the Commission a succinct yearly report on the implementation of the regulation. By 20 May 2008 the Commission will submit a report to the European Parliament and the Council on the implementation of this regulation.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 789/2004	20.05.2004	–	OJ L 138, 30.04.2004

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 219/2009	20.4.2009	–	OJ L 87 of 31.3.2009

Successive amendments and corrections to Regulation (EC) No 789/2004 have been incorporated into the basic text. This consolidated versionis for information only.

Maritime safety: marine equipment

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Maritime safety: marine equipment

Outline of the Community (European Union) legislation about Maritime safety: marine equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Waterborne transport

Maritime safety: marine equipment

Document or Iniciative

Council Directive 96/98/EC of 20 December 1996 on marine equipment [See amending acts].

Summary

This Directive applies to equipment (Annex A) * for use:

on board a new European * ship, even if it was constructed outside of the EU;
on an existing European ship in order to replace equipment or to install additional equipment.

This Directive does not concern equipment placed on board a ship before its entry into force.

Conformity assessment

Member States appoint bodies responsible for assessing conformity of marine equipment (Annex B). This assessment aims at:

ensuring the quality of equipment before being placed on the market;
checking marine equipment when issuing or renewing the safety certificate.

Equipment conforming to European standards must bear a mark.

Where a vessel, which is to be transferred to the register of a Member State is not registered in the EU, that State carries out an inspection in order to establish the actual condition of the equipment and whether it complies with European standards.

Non-compliant equipment

If a piece of equipment may compromise the health and/or safety of the crew or passengers, or to damage the marine environment, the Member State responsible shall withdraw it from the market, prohibit or restrict its use.

Testing standards

Certain types of marine equipment require international testing standards to be adopted. In cases where international organisations do not adopt the standards within a reasonable timescale, the standards of European standardisation organisations may be applied.

Key terms
Marine equipment: any article which could be used on board a vessel, voluntarily or in accordance with international rules, and for which the administration of the flag State must give its authorisation. In particular, this relates to life saving, fire protection, navigation and radiocommunication equipment. European vessel: any vessel for which safety certificates are issued by EU Member States or in their name.

Key terms

Marine equipment: any article which could be used on board a vessel, voluntarily or in accordance with international rules, and for which the administration of the flag State must give its authorisation. In particular, this relates to life saving, fire protection, navigation and radiocommunication equipment.
European vessel: any vessel for which safety certificates are issued by EU Member States or in their name.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 96/98/EC	1.1.1999	30.6.1998	OJ L 46, 17.2.1997

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 98/85/EC	28.11.1998	30.4.1999	OJ L 315, 25.11.1998
Directive 2002/84/EC	29.11.2002	23.11.2003	OJ L 324, 29.11.2002
Directive 2008/67/EC	21.7.2008	21.7.2008	OJ L 171, 1.7.2008
Regulation (EC) 596/2009	7.8.2009	–	OJ L 188, 18.7.2009

Successive amendments and corrections to Directive 96/98/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Proposal for a directive of the European Parliament and of the Council on marine equipment and repealing Directive 96/98/EC [COM (2012) 772 final – Not published in the Official Journal].

Braking devices of certain motor vehicles

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Braking devices of certain motor vehicles

Outline of the Community (European Union) legislation about Braking devices of certain motor vehicles

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Internal market > Motor vehicles > Technical harmonisation for motor vehicles

Braking devices of certain motor vehicles (until 2014)

Document or Iniciative

Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers [See amendingacts].

Summary

This Directive lays down the procedures relating to EC type-approval for the braking devices of certain vehicles.

This Directive concerns any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, falling into categories M (M1, M2, M3), N (N1, N2, N3) and O (O1, O2, O3, O4).

Braking device means the combination of parts whose function is progressively to reduce the speed of a moving vehicle or to bring it to a halt, or to keep it stationary if it is already halted.

The braking device defined must fulfil the following conditions:

Service braking: allows the driver to control the movement of the vehicle without removing his hands from the steering control,
Secondary braking: allows the driver to halt the vehicle while keeping at least one hand on the steering control.
Stationary braking: enables the vehicle to be held stationary.

A braking device must have at least two controls which are independent of each other. The control of the service braking device must be independent of the control of the parking braking device.

The Directive also lays down safety requirements, a procedure for testing the efficiency of braking devices and a system of vehicle testing.

No Member State may refuse to grant EC type approval or national type approval of a vehicle on grounds relating to its braking devices if that vehicle is fitted with the devices specified in the Annexes to the Directive and if the devices satisfy the requirements set out therein.

This Directive is repealed by Regulation (EC) No 661/2009 from 1 November 2014.

References

Act	Entry into force	Deadline for implementation in the Member States	Official Journal
Directive 71/320/EEC	30.7.1971	30.0.1973	OJ L 202 of 6.9.1971

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 85/647/EEC	23.12.1985	10.10.1986	OJ L 380 of 31.12.1985
Directive 98/12/EC	7.4.1998	31.12.1998	OJ L 81 of 18.3.1998

The successive amendments and corrections to Council Directive 71/320/EEC have been integrated into the original text. This consolidated version is for reference only.

Developing the Citizens' Network

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Developing the Citizens’ Network

Outline of the Community (European Union) legislation about Developing the Citizens’ Network

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Developing the Citizens’ Network

Document or Iniciative

Communication of 10 July 1998 from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: “Developing the citizens’ network – Why local and regional passenger transport is important and how the European Commission is helping to bring it about” [COM (1998) 431 final- Not published in the Official Journal].

Summary

The Amsterdam Treaty includes sustainable development as one of the European Union’s objectives. Transport has a key part to play in achieving this goal. A well-functioning European transport system needs a good, sustainable local and regional passenger transport structure. This is primarily a matter for local, regional and national authorities, working with transport operators and users, amongst whom there is a high degree of consensus on the fundamental need to shift away from dependence on private cars and make transport systems more sustainable.

Practical methods of making transport systems more sustainable and shifting away from excessive dependence on private cars include:

raising the quality and accessibility of public transport services and increasing their capacity to respond flexibly to changes in transport needs;
making walking and cycling more attractive by offering more favourable conditions;
reducing the demand for travel, for example by reversing the trend for housing, jobs, schools, etc. to disperse to places which are hard to reach except by car;
removing psychological barriers to the use of alternatives to cars;
actively managing car use in congested areas;
making transport an essential component of strategies for spatial planning, economic development and social cohesion;
fostering new, flexible working time arrangements;
pulling all this together to create a door-to-door transport system which people can use as an integrated Citizens’ Network.

What is needed is then integration of travel services, facilitating less costly and effective door-to-door travel whatever the number of transfers or the distances involved. One of the key principles is intermodality, as it allows different means of transport to be used as part of seamless transport chains.

To support the role of local and regional passenger transport while complying with the principle of subsidiarity, the Commission has drawn up a three-year work programme covering four key areas:

Stimulating information exchange by developing a European Local Transport Information Service (ELTIS). This will consist of a database about local and regional passenger transport of all types, with information coming from the POLIS network of cities and regions and the International Union of Public Transport (UITP). Users will be able to consult the service electronically by using the worldwide web.
Stimulating the benchmarking of service performance to enable public authorities and transport operators to benefit from comparison of the performance of their local and regional transport systems with systems in other countries. In this respect, the Commission will present a Communication on benchmarking of transport. In addition, the European Commitee for Standardisation (CEN) intends to adopt standard definitions which can be used in setting quality criteria for passenger transport. From 1999 onwards, the Commission will seek to encourage widespread use of benchmarking by public authorities and operators. It will publish a handbook on benchmarking local public transport and ensure that a database of results obtained is widely available.
Establishing a political and legal framework which promotes increased use of local and regional passenger transport systems and helps to achieve the objectives of the European Union’s common transport policy with regard to efficiency, quality and sustainable mobility. The Commission plays an important part in the development of this policy framework. In land use planning, for example, it encourages good practice with regard to transport through instruments such as the trans-European transport network, regional policy, and cohesion policy. In transport telematics, it makes the most of the potential of telematics applications to improve the efficiency and quality of transport services and help to overcome obstacles to their integration. The Commission believes that information obtained through new telematics applications (in real time, accessible at home, at work and on the move) should cover as many different forms of transport as possible, including public transport routes and timetables, the degree of congestion on the road network, the availability of parking, etc. Making use of the potential of regional transport will also provide increased moblity for women, the disabled and the elderly, and help to reduce pollution, energy consumption and CO2 emissions from transport and make optimum use of public spending.
Using the European Union’s financial instruments effectively. The European Commission will manage these funds and programmes so as to optimise the potential contribution from a sustainable local and regional passenger transport system. In its review of the guidelines for the trans-European Transport Network (TEN -T), for example, the Commission is paying particular attention to the question of local and regional connections to the TEN-T (whether to include intermodal passenger terminals in the guidelines). The Commission has also included four actions of specific relevance to the Citizens’ Network in the first projects under the Fifth Framework Programme for Research and Development: Sustainable mobility and intermodality; Land and marine transport technologies; The city of tomorrow and cultural heritage; Systems and services for the citizen.

All in all, the Commission’s work programme is intended to provide practical assistance to numerous institutions throughout Europe which contribute to the development of local and regional transport for the citizens’ benefit: the public authorities, transport companies and user groups.

Rights of passengers travelling by sea and inland waterway

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Rights of passengers travelling by sea and inland waterway

Outline of the Community (European Union) legislation about Rights of passengers travelling by sea and inland waterway

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Rights of passengers travelling by sea and inland waterway

Document or Iniciative

Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway.

Summary

This regulation applies to passengers travelling on passenger services * either departing from or arriving in a port within the European Union (EU), and on cruises where the port of embarkation is in the EU. It does not apply to passengers travelling:

on ships certified to carry up to 12 passengers;
on ships which have a crew of less than three persons or where the distance of the service is less than 500 metres;
on excursion and sightseeing tours;
on ships not propelled by mechanical means and historical ships, certified to carry up to 36 passengers.

Rights of disabled persons and persons with reduced mobility

Carriers, travel agents and tour operators must not refuse to accept reservations, issue tickets or embark persons on the grounds of disability or of reduced mobility, and nor must tickets be offered at an additional cost. Reservations and tickets may, however, be refused to disabled persons or persons with reduced mobility in order to meet applicable safety requirements and where the design of the passenger ship or port infrastructure and equipment makes the safe embarkation, disembarkation or carriage of disabled persons impossible. In the case of such a refusal, carriers, travel agents and tour operators must make all reasonable efforts to find an alternative means of transport for the person concerned.

Rights in the event of interrupted travel

In the event of a cancellation or a delayed departure of a passenger service, passengers must be informed by the carrier of the situation as soon as possible and no later than 30 minutes after the scheduled time of departure. In this case, carriers must also inform passengers of the estimated departure time and estimated arrival time as soon as such information is available. Where the departure is cancelled or delayed for more than 90 minutes, passengers must be offered free of charge snacks, meals or refreshments in reasonable relation to the waiting time. Where an overnight stay is necessary, the carrier must offer, where possible, free of charge accommodation for the passengers. The carrier may limit the total cost of accommodation to EUR 80 per night per passenger, for a maximum of three nights.

When a departure is cancelled or delayed for more than 90 minutes, passengers must immediately be offered the choice between re-routing to the final destination at the earliest opportunity and at no additional cost or reimbursement of the ticket price and, where appropriate, a return service free of charge to the first point of departure.

Passengers may also request compensation, in addition to the transport, from the carrier in the event of a delay in arrival at the final destination. The minimum level of compensation is 25 % of the ticket price for a delay of at least:

1 hour in the case of a scheduled journey of up to 4 hours;
2 hours in the case of a scheduled journey of between 4 and 8 hours;
3 hours in the case of a scheduled journey of between 8 and 24 hours;
6 hours in the case of a scheduled journey of more than 24 hours.

If the delay exceeds double the time set out above, the compensation will increase to 50 % of the ticket price. The compensation will be paid, either in vouchers or in money at the request of the passenger, within 1 month of the request for compensation. This compensation must not be reduced by financial transaction costs such as fees, telephone costs or stamps.

Carriers are not required to provide passengers with an overnight stay and compensation where the cancellation or delay is caused by weather conditions endangering the safe operation of the ship.

Carriers and terminal operators must establish or have in place an accessible complaint-handling mechanism for the rights and obligations provided for in this regulation. A passenger must submit a complaint within 2 months from the date on which the transport service was undertaken or when the service should have been undertaken. Within 1 month of receiving the complaint, the carrier or terminal operator must notify the passenger that the complaint has been substantiated, rejected or is still being considered. The final response must be provided within 2 months of the receipt of the complaint.

Each EU country must establish an independent national body with the mandate to enforce the regulation and to impose penalties where appropriate.

This regulation is applicable from 18 December 2012.

Key terms used in the act
Passenger service: a commercial passenger transport service by sea or inland waterways operated according to a published timetable.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) No 1177/2010	6.1.2011	–	OJ L 334, 17.12.2010

Rights of passengers in bus and coach transport

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Rights of passengers in bus and coach transport

Outline of the Community (European Union) legislation about Rights of passengers in bus and coach transport

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Rights of passengers in bus and coach transport

Document or Iniciative

Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport.

Summary

Subject to certain exceptions, this regulation applies to passengers travelling with regular services * for non-specified categories of passengers where either the boarding or the alighting point is within the European Union (EU) and where the scheduled distance of the service is 250 km or more. Some of its provisions apply to all services, including those of shorter distance. The provisions of this regulation will apply as from 1 March 2013.

The new rights applicable to long distance services (i.e. of more than 250 km) include, amongst others:

adequate assistance (snacks, meals and refreshments as well as, if necessary, up to two nights’ hotel accommodation, for a total amount of € 80 per night, except in case of severe weather conditions and major natural disasters) in situations of cancellation or following a delay of more than 90 minutes in the case of a journey of more than three hours;
guarantee of reimbursement or rerouting in situations of overbooking or in case of cancellation or following a delay of more than 120 minutes from the estimated time of departure;
compensation of 50 % of the ticket price following more than 120 minutes’ delay from the estimated time of departure, cancellation of a journey and if the carrier fails to offer the passenger either rerouting or reimbursement;
information when the service is cancelled or delayed in departure;
protection of passengers in case of death, injury, loss or damage caused by road accidents, particularly with regard to immediate practical needs in case of accident (including up to two nights’ hotel accommodation, for a total amount of € 80 per night);
specific assistance free of charge for disabled persons and persons with reduced mobility both at terminals and on board and, where necessary, transport free of charge for accompanying people.

Additionally, the following rights will be applicable to all services (including those below 250 km):

non-discrimination based either directly or indirectly on nationality, with respect to tariffs and contract conditions for passengers;
non-discriminatory treatment of disabled persons and persons with reduced mobility as well as financial compensation for loss or damage of their mobility equipment in case of accident;
minimum rules on travel information for all passengers before and during their journey as well as general information about their rights in terminals and online; where feasible, this information shall be provided in accessible formats upon request, in the interest of the persons with reduced mobility;
a complaint handling mechanism established by carriers and available to all passengers;
independent national bodies in each EU country with the mandate to enforce the regulation and, where appropriate, to impose penalties.

Key terms used in the act
Regular services: services which provide for the carriage of passengers by bus or coach at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EU) No 181/2011	20.3.2011	–	OJ L 55, 28.2.2011

New rights for rail passengers

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New rights for rail passengers

Outline of the Community (European Union) legislation about New rights for rail passengers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Rail transport

New rights for rail passengers

Document or Iniciative

Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

Summary

This Regulation aims at establishing rights and obligations for rail service users in order to improve the efficiency and appeal of rail transport for passengers.

Scope

This Regulation concerns all rail journeys and services provided under licence by one or more rail undertakings under Directive 95/18/EC.

It does not apply to transport services or rail undertakings which are not licensed.

A Member State has the option to grant an exemption from this Regulation for a maximum period of five years, which may be renewed twice. It may also exempt urban, suburban and regional rail passenger services from this Regulation.

Passengers’ rights

Rail passengers shall henceforth have new basic rights:

Transport contract, information and tickets

Passengers shall be given clear information:

before the journey, in particular concerning the relevant conditions applicable to the contract, timetables and the fares applied;
during the journey, in particular concerning any delays or interruptions to services;
concerning procedures for the submission of complaints.

Rail undertakings shall make the purchasing of tickets easier for rail passengers. As a general rule tickets shall be sold at least either via ticket offices or selling machines, or on board trains or via widely available information technology (internet or telephone).

Passengers and their luggage

Passengers have the right to compensation if their registered luggage is lost or damaged (up to EUR 1,285 per item of luggage).

This Regulation strengthens passengers’ rights to compensation in the case of death or injury. An advance shall:

be paid not later than fifteen days after the identification of the natural person entitled to compensation;
enable their immediate economic needs to be met;
be proportional to the damage suffered.

Delays and cancellations

This Regulation strengthens passengers’ rights to compensation in the case of delays or cancellations. Passengers may claim a minimum compensation equivalent to:

25 % of the ticket price for a delay of 60 to 119 minutes;
50 % of the ticket price for a delay of 120 minutes or more.

In the case of a delay in arrival or departure, passengers have the right to:

meals and refreshments within reasonable limits;
accommodation where a stay of one or more nights becomes necessary;
transport to the departure or arrival point if the train is blocked on the track.

Non-discrimination of disabled persons and persons with reduced mobility

This Regulation gives disabled persons and persons with reduced mobility the following rights:

disabled persons and persons with reduced mobility have the right to non-discriminatory access to transport at no additional charge when buying a ticket or making a reservation;
upon request, disabled persons and persons with reduced mobility shall be provided with information concerning the accessibility of rail services and trains;
rail undertakings and station managers shall make all reasonable efforts to ensure that trains and other rail services are accessible;
rail undertakings and station managers shall make all reasonable efforts to provide assistance free of charge on board trains and at staffed stations; to guarantee assistance under good conditions, passengers are requested to comply with certain provisions (e.g. 48 hours’ notice before departure);
disabled persons and persons with reduced mobility have the right to compensation if the rail undertaking is responsible for the loss or damage of mobility equipment.

Security, complaints and quality of service

This Regulation obliges rail undertakings and stations managers to ensure passengers’ personal security in trains and stations in conjunction with the public authorities.

Rail undertakings are henceforth required to put in place a complaints handling service in order to meet the rights and obligations covered by this Regulation.

Member States must now offer passengers the option to submit a complaint to an independent body if they feel that their rights have not been respected. The minimum service quality standards include:

passenger information and tickets;
punctuality of service and general principles;
cancellation of services;
cleanliness of rolling stock and station facilities;
customer satisfaction surveys;
complaint handling, refunds and compensation for non-compliance with service quality standards;
assistance provided to disabled persons and persons with reduced mobility.

Information to passengers about their rights

Rail passengers shall be informed of their rights and obligations under this Regulation when purchasing a ticket.

Context

This Regulation comes under the framework of the Common Transport Policy and contributes to the aim of protecting rail passengers’ rights.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1371/2007	3.12.2009	–	OJ L 315 of 3.12.2007

RELATED ACTS

Communication from the Commission of 3 March 2004 – Further integration of the European rail system: third railway package [COM(2004) 140 final – Not published in the Official Journal].

Rights of people with reduced mobility in air transport

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Rights of people with reduced mobility in air transport

Outline of the Community (European Union) legislation about Rights of people with reduced mobility in air transport

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Rights of people with reduced mobility in air transport

Document or Iniciative

Regulation (EC) No 1107/2006 of the Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

Summary

The regulation on the rights of persons with reduced mobility when using air transport prohibits operators from refusing reservation or boarding to persons because of their reduced mobility or disability *.

There are certain exceptions and derogations, however, particularly for justified safety reasons established by law. An air carrier may refuse to accept a reservation from or to embark a person with reduced mobility or request that a travelling person with reduced mobility or disability must be accompanied by another person, in order to meet applicable safety requirements duly established by law or if the size of the aircraft makes it physically impossible to embark that person.

Within five working days of refusing a reservation or embarkation or requiring a person with reduced mobility or disability to be accompanied, the air carrier must inform in writing the person concerned of its reasons for doing so.

Persons with reduced mobility or disability are entitled to receive the assistance specified in the regulation free of charge in airports (on departure, arrival and during transit) and on board aircrafts (for example, the transport of wheelchairs and the carriage of guide dogs for the blind).

The managing bodies of airports should provide this assistance and may fund the services by levying a specific charge on airlines.

European Union (EU) countries and other concerned countries (European Free Trade Association (EFTA) countries) will be required to lay down penalties for infringements and to set up independent bodies to deal with complaints.

The Commission must report to the European Parliament and the Council by 1 January 2010 at the latest on the implementation and effects of the regulation.

Key terms used in the act
“Disabled person” or “person with reduced mobility”: any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers.

Key terms used in the act

“Disabled person” or “person with reduced mobility”: any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1107/2006	15.8.2006	26.7.2008 (Articles 3 and 4: 26.7.2007)	OJ L 204, 26.7.2006

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1107/2006

15.8.2006

26.7.2008

(Articles 3 and 4: 26.7.2007)

OJ L 204, 26.7.2006

Related Acts

Report from the Commission to the European Parliament and the Council on the functioning and effects of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air [COM(2011) 166 final – Not published in the Official Journal].
The report concluded that Regulation (EC) No 1107/2006 has brought advantages to disabled persons and persons with reduced mobility (PRM); in particular a single framework of protection, a clear division of tasks between airports and air carriers, and the establishment of a network of National Enforcement Bodies (NEB) in all EU countries.
The Commission did, however, find some difficulties in applying the regulation which might weaken its impact. These problem areas include:

a sometimes insufficient quality of service provided and inadequate adaption to PRM’s individual needs;
insufficient information provided to passengers;
fragile and expensive handling mobility equipment;
restrictions on accepting reservations from or embarking PRMs on the grounds of safety;
insufficient in-flight assistance by the air carriers, in particular in moving to toilet facilities;
conflicting interpretations of the definition of mobility equipment that must be carried free of charge by the air carriers;
disparities in the implementation of the regulation between EU countries;
disagreements over the amount of and the method of calculating and imposing charges;
difficulty in interpreting certain important definitions, such as whether pregnant women, overweight people or young children are included in the definition of persons with reduced mobility;
transporting and supplying medical oxygen.

As the initial assessment finds that the implementation of Regulation (EC) No 1107/2006 is overall positive, a legislative review is not necessary at this stage. The Commission does, however, propose a number of axes of improvement within the existing framework, including:

a uniform interpretation of the regulation;
improving how the regulatory instruments work in practice;
strengthening the efficacy of the penalities and their supervision by national authorities;
handling the issue of the transport and supply of medical oxygen.

Communication from the Commission of 7 August 2008 on the scope of the liability of air carriers and airports in the event of destroyed, damaged or lost mobility equipment of passengers with reduced mobility when travelling by air [COM(2008) 510 final – Not published in the Official Journal].
Based on the “Study on the compensation thresholds for damaged or lost equipment and devices belonging to air passengers with reduced mobility” launched by the Commission, this communication presents the current challenges faced by persons with reduced mobility when their mobility equipment is lost or damaged, as well as the solutions provided by Regulation (EC) No 1107/2006.
In terms of quantitative objectives, the aim is to reduce the number of incidents regarding mobility equipment. To this end, the regulation establishes the legal obligation for airlines and airports to design procedures for and train staff on the assistance of people with reduced mobility. As a qualitative objective, the aim is to minimise the consequences of an incident. In this regard, there is:

a lack of common procedures that would lead to an immediate solution, which is covered in part by the regulation;
disparity in the nature and limits of the liability between airlines and airports, to whom an obligation of compensation that conforms to international, EU and national law is bestowed by the regulation;
the problem of inadequate compensations and procedures; however, the regulation should diminish the amount of incidents and their consequences, which are currently already rather minimal;
a question on the definition of “baggage” and the role of mobility equipment thereof, for which the Commission aims to launch discussions within the ICAO, so that mobility equipment is either excluded from the definition or the liability limits imposed on “baggage” by international conventions are amended in view of levelling out compensations on destroyed, damaged or lost mobility equipment with the actual value of that equipment.

Following the future assessment of Regulation (EC) No 1107/2006, if enough progress has not been achieved, the Commission will propose improvements to the current legislative framework regarding the rights of persons with reduced mobility when travelling by air.

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 [Official Journal L 46 of 17.02.2004].

Communication from the Commission to the European Parliament and the Council: “Protection of air passengers in the European Union” [COM(2000) 365 final – Not published in the Official Journal].

Road transport operators: conditions for the pursuit of the occupation

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Road transport operators: conditions for the pursuit of the occupation

Outline of the Community (European Union) legislation about Road transport operators: conditions for the pursuit of the occupation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Road transport operators: conditions for the pursuit of the occupation

Document or Iniciative

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (Text with EEA relevance).

Summary

This Regulation lays down provisions relating to the occupation of road transport operator, which includes the occupations of haulage operator *
and passenger transport operator *
. It applies to all undertakings engaged in this occupation within the European Union (EU) and to undertakings which intend to engage in the occupation.

The Regulation does not apply to undertakings:

engaged in the occupation of road haulage operator using vehicles the mass of which does not exceed 3.5 tonnes;
engaged in road passenger transport services on a not-for-profit basis;
engaged in the occupation of road transport operator using vehicles with a speed not exceeding 40 km/h.

Role of the transport manager

Every road transport undertaking shall designate a transport manager who shall be responsible for continuously managing the transport activities of the undertaking. The transport manager shall be resident in the EU and shall have a genuine link to the undertaking, for example as an employee, administrator or shareholder.

Requirements for engagement in the occupation of road transport operator

An undertaking wishing to engage in this occupation shall have an establishment with an operating centre where it can keep all of the documents required for the pursuit of its business, and one or more vehicles registered in accordance with national legislation.

In addition, the undertaking and the manager in particular shall be deemed to be of good repute, in other words they shall not have been convicted for any infringement of national rules in certain fields, such as:

commercial law;
road traffic;
trafficking in human beings or drugs.

The undertaking shall not have infringed Community rules in fields such as:

the driving time and rest periods of drivers;
the roadworthiness of commercial vehicles;
safety in the carriage of dangerous goods by road;
driving licences.

The undertaking must be able to meet its financial obligations. To do so, it shall have at its disposal, every year, capital and reserves totalling at least EUR 9 000 when only one vehicle is used, increased by EUR 5 000 for each additional vehicle.

The manager of the undertaking shall have passed a compulsory written examination which may be supplemented by an oral examination.

Authorisation and monitoring

Member States shall designate one or more competent authorities responsible for:

examining applications made by undertakings;
granting authorisations to engage in the occupation of road transport operator;
declaring a person to be fit or unfit to manage the transport activities of an undertaking;
checking that the undertaking fulfils all the relevant requirements.

The competent authorities shall also be responsible for following up undertakings’ applications for registration within three months. They shall be empowered to declare an undertaking unfit to manage transport activities.

Simplification and administrative cooperation

Each Member State shall keep a national electronic register of undertakings authorised to engage in the occupation of road transport operator. The competent national authorities shall be responsible for supervising the data in that register, which shall comprise in particular:

the name and legal form of the undertaking;
the address of its establishment;
the names of the designated transport managers;
the type of authorisation and the number of vehicles;
the number, category and type of serious infringements;
the names of any persons declared to be unfit to manage the transport activities of an undertaking.

The national registers shall be interconnected such that information may be exchanged electronically between the competent authorities of Member States.

This data may be communicated upon request or shall be directly accessible in compliance with the Directive on the protection of personal data.

Member States shall have the option of exchanging information using a national contact point designated for that purpose.

Transitional provisions

Undertakings which have obtained an authorisation to engage in the occupation of road transport operator before 4 December 2009 shall comply with the provisions of this Regulation by 4 December 2011.

This Regulation repeals Directive 96/26/EC.

Key terms of the Act
Occupation of road haulage operator: the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles; Occupation of road passenger transport operator: the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser.

Key terms of the Act

Occupation of road haulage operator: the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles;
Occupation of road passenger transport operator: the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1071/2009	4.12.2009	–	OJ L 300 of 14.11.2009

Insurance for air carriers and aircraft operators

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Insurance for air carriers and aircraft operators

Outline of the Community (European Union) legislation about Insurance for air carriers and aircraft operators

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services > Financial services: insurance

Insurance for air carriers and aircraft operators

Document or Iniciative

Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators [See amending act(s)].

Summary

The objective of this regulation is to establish minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties, for both commercial and private flights.

With regard to the carriage of mail, the insurance requirements are those set out in Regulation (EEC) No 1008/2008 and in the national laws of the European Union (EU) countries.

Scope

This regulation applies to all air carriers and to all aircraft operators flying within, into, out of, or over the territory of an EU country.

This regulation does not apply to:

state aircraft (military, Customs department or police aircraft);
model aircraft with an MTOM * of less than 20 kg;
foot-launched flying machines (including powered paragliders and hang gliders);
captive balloons;
kites;
parachutes (including parascending parachutes);
aircraft, including gliders, with an MTOM of less than 500 kg, and microlights, which are used for non-commercial purposes, or for flight instruction (in so far as the insurance obligations under this Regulation relating to the risks of war and terrorism are concerned).

This regulation is intended to apply to Gibraltar airport. The Governments of Spain and the United Kingdom will inform the Council of the date of application.

Principles of insurance

This regulation requires air carriers and aircraft operators to be insured, in particular in respect of passengers, baggage, cargo and third parties, to cover the risks associated with aviation-specific liability (including acts of war, terrorism, hijacking, acts of sabotage, unlawful seizure of aircraft and civil commotion).

This regulation is without prejudice to the rules on liability as arising from international Conventions, EU law and the national law of the EU countries.

Compliance

Air carriers and, when so required, aircraft operators, must demonstrate compliance with the insurance requirements set out in this regulation by providing the competent authorities of the EU country concerned * with a an insurance certificate or other evidence of valid insurance.

Insurance in respect of liability for passengers, baggage and cargo

For liability in respect of passengers, the minimum insurance cover must be 250 000 SDRs * per passenger. However, in respect of non-commercial operations by aircraft with a MTOM of 2 700 kg or less, EU countries may set a lower level of minimum insurance cover, provided that such cover is at least 100 000 SDRs per passenger.

For liability in respect of baggage, the minimum insurance cover must be 1 131 SDRs per passenger in commercial operations.

For liability in respect of cargo, the minimum insurance cover must be 19 SDRs per kilogram in commercial operations.

The levels of cover set out above do not apply with respect to flights over the territory of the EU country carried out by non-EU air carriers and by aircraft operators using aircraft registered outside the EU which do not involve a landing on, or take-off from, such territory.

Insurance in respect of liability for third parties

For liability in respect of third parties, the minimum insurance cover per accident and per aircraft must be:

Category	MTO(kg)	Minimum insurance(million SDRs)
1	‹ 500	0,75
2	‹ 1 000	1,5
3	‹ 2 700	3
4	‹ 6 000	7
5	‹ 12 000	18
6	‹ 25 000	80
7	‹ 50 000	150
8	‹ 200 000	300
9	‹ 500 000	500
10	≥ 500 000	700

Enforcement and sanctions

EU countries must ensure that air carriers and aircraft operators comply with the regulation.

With respect to overflights by non-EU air carriers or aircraft registered outside the EU which do not involve a landing on or take-off from any EU country, as well as with respect to stops in EU countries by such aircraft for non-traffic purposes, the EU country concerned may request evidence of compliance with the insurance requirements laid down in this regulation.

Sanctions imposed by EU countries for infringement of this regulation must be effective, proportional and dissuasive. For EU air carriers, these sanctions may include the withdrawal of the operating licence. With regard to non-EU air carriers and to aircraft operators using aircraft registered outside the EU, the sanctions may include refusal of the right to land on the territory of an EU country.

Where EU countries are not satisfied that the conditions of this regulation are met, they must prohibit an aircraft from taking off until the air carrier or aircraft operator concerned has produced evidence of adequate insurance cover.

Key terms used in the act
“MTOM” means Maximum Take Off Weight, which corresponds to a certified amount specific to all aircraft types as stated in the certificate of airworthiness of the aircraft. “EU country concerned” means the EU country which has granted the operating licence to the EU air carrier or the EU country where the aircraft of the aircraft operator is registered. For non-EU air carriers and aircraft operators using aircraft registered outside the EU, it means the EU country to or from which the flights are operated. “SDR” means a Special Drawing Right or a potential claim on the freely usable currencies of International Monetary Fund members (SDR as defined by the IMF).

Key terms used in the act

“MTOM” means Maximum Take Off Weight, which corresponds to a certified amount specific to all aircraft types as stated in the certificate of airworthiness of the aircraft.
“EU country concerned” means the EU country which has granted the operating licence to the EU air carrier or the EU country where the aircraft of the aircraft operator is registered. For non-EU air carriers and aircraft operators using aircraft registered outside the EU, it means the EU country to or from which the flights are operated.
“SDR” means a Special Drawing Right or a potential claim on the freely usable currencies of International Monetary Fund members (SDR as defined by the IMF).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 785/2004	30.4.2005	–	OJ L 138 of 30.4.2004.

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1137/2008	11.12.2008	–	OJ L 311 of 21.11.2008
Regulation (EC) No 285/2010	8.4.2010	–	OJ L 87 of 7.4.2010

Successive amendments and corrections to Regulation (EC) No 785/2004 have been incorporated in the basic text. This consolidated version is for reference purposes only.

Related Acts

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community [Official Journal L 293 of 31.10.2008].

Communication from the Commission to the European Parliament and the Council – ‘Insurance requirements for aircraft operators in the EU – A Report on the operation of Regulation 785/2004’ [COM(2008) 216 final – not published in the Official Journal].

Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (Text with EEA relevance) [Official Journal L 140 of 30.05.2002].

This regulation deals with the liability of air carriers in respect of passengers, and has applied since the entry into force of the Montreal Convention in the European Union on 30 April 2004.

Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) [Official Journal L 194 of 18.07.2001].

With Council Decision 2001/539/EC the Community concluded the Convention for the Unification of Certain Rules Relating to International Carriage by Air, agreed at Montreal on 28 May 1999, which lays down new rules on liability in respect of the international carriage by air of persons, baggage and cargo.