REGULATION (EU) 2021/782 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2021 on rail passengers’ rights and obligations (recast) (Text with EEA relevance)

1.   This Regulation shall apply to international and domestic rail journeys and services throughout the Union provided by one or more railway undertakings licensed in accordance with Directive 2012/34/EU of the European Parliament and of the Council (10).

2.   Member States may exempt from the application of this Regulation services which are operated strictly for historical or touristic use. That exemption does not apply in relation to Articles 13 and 14.

3.   Exemptions granted in accordance with Article 2(4) and (6) of Regulation (EC) No 1371/2007 before 6 June 2021 shall remain valid until the date that those exemptions expire. Exemptions granted in accordance with Article 2(5) of Regulation (EC) No 1371/2007 before 6 June 2021 shall remain valid until 7 June 2023.

4.   Before the expiry of an exemption to the domestic rail passenger services granted pursuant to Article 2(4) of Regulation (EC) No 1371/2007, Member States may exempt such domestic rail passenger services from the application of Articles 15, 17 and 19, points (a) and (b) of Article 20(2) and Article 30(2) of this Regulation for an additional period of no more than five years.

5.   Until 7 June 2030 Member States may provide that Article 10 shall not apply where it is not technically feasible for an infrastructure manager to distribute real-time data within the meaning of Article 10(1) to any railway undertaking, ticket vendor, tour operator or station manager. At least every two years, the Member States shall reassess the extent to which it is technically feasible to distribute such data.

6.   Subject to paragraph 8, Member States may exempt the following services from the application of this Regulation:

7.   Member States shall inform the Commission of exemptions granted pursuant to paragraphs 2, 4, 5 and 6 and shall present the reasons for those exemptions.

8.   Exemptions granted in accordance with point (a) of paragraph 6 shall not apply in relation to Articles 5, 11, 13, 14, 21, 22, 27 and 28.

Where those exemptions concern regional rail passenger services, they shall also not apply in relation to Articles 6 and 12, Article 18(3) and Chapter V.

Notwithstanding the second subparagraph of this paragraph, exemptions concerning regional rail passenger services to the application of Articles 12(1) and 18(3) may apply until 7 June 2028.

1.   Subject to the limitations set out in paragraph 3, and where appropriate for a reasonable fee, passengers shall be entitled to take bicycles on board the train.

On trains for which a reservation is required, it shall be possible to make a reservation for the carriage of a bicycle.

Where a passenger has made a reservation for a bicycle and the carriage of that bicycle is refused without a duly justified reason, the passenger shall be entitled to re-routing or reimbursement in accordance with Article 18, compensation in accordance with Article 19 and assistance in accordance with Article 20(2).

2.   Where designated places for bicycles are available on board the train, passengers shall stow their bicycles in such places. Where such places are not available, passengers shall keep their bicycles under supervision, and shall make all reasonable efforts to ensure that their bicycles cause no harm or damage to other passengers, mobility equipment, luggage or rail operations.

3.   Railway undertakings may restrict the right of passengers to take bicycles on board the train for safety or operational reasons, in particular as a result of capacity limits applicable during peak hours, or where rolling stock does not permit it. Railway undertakings may also restrict the carriage of bicycles based on the weights and dimensions of the bicycles concerned. They shall publish their conditions for the transport of bicycles, including up-to-date information on the availability of capacity, by using the telematics applications referred to in Regulation (EU) No 454/2011 on their official websites.

4.   When initiating procurement procedures for new rolling stock, or when performing a major upgrade of existing rolling stock resulting in the need for a new vehicle authorisation for placing on the market pursuant to Article 21(12) of Directive (EU) 2016/797 of the European Parliament and of the Council (12), railway undertakings shall ensure that train compositions, in which that rolling stock is used, are equipped with an adequate number of places for bicycles. This subparagraph shall not apply in relation to restaurant cars, sleeping cars or couchette cars.

Railway undertakings shall determine an adequate number of places for bicycles taking into consideration the size of train composition, the type of service and the demand for transport of bicycles. The adequate number of places for bicycles shall be defined in plans referred to in paragraph 5. Where there are no such plans or the plans do not determine such a number, each train composition shall have at least four places for bicycles.

Member States may set a number higher than four as the minimum adequate number for certain types of services, in which case that number shall apply instead of the number identified in accordance with the second subparagraph.

5.   Railway undertakings may establish, and keep up-to-date, plans on how to increase and improve the transport of bicycles, and on other solutions encouraging combined use of railways and bicycles.

The competent authorities, as defined in point (b) of Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council (13), may establish such plans for services provided under public service contracts. Member States may require that such plans are established by those competent authorities or by railway undertakings operating on their territory.

6.   The plans referred to in paragraph 5 shall be established following consultation of the public and relevant representative organisations. Those plans shall be published on the website of the railway undertaking or the competent authority, as appropriate.

1.   Obligations towards passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the transport contract. Any contractual conditions which purport directly or indirectly to waive, derogate from or restrict the rights resulting from this Regulation shall not be binding on the passenger.

2.   Railway undertakings, tour operators or ticket vendors may offer contractual conditions which are more favourable for the passenger than the conditions laid down in this Regulation.

1.   Railway undertakings, tour operators and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger, upon request, with at least the information set out in Annex II, Part I in relation to the journeys for which a transport contract is offered by the railway undertaking concerned.

2.   Railway undertakings and, where possible, ticket vendors and tour operators shall provide the passenger during the journey with at least the information set out in Annex II, Part II. Where a station manager has such information, he or she shall also provide the information to the passenger.

3.   The information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format, where possible based on real-time travel information, including by using appropriate communication technologies. Particular attention shall be paid to ensuring that this information is accessible in accordance with the provisions of Directive (EU) 2019/882 and Regulations (EU) No 454/2011 and (EU) No 1300/2014.

1.   Infrastructure managers shall distribute real-time data relating to the arrival and the departure of trains to railway undertakings, ticket vendors, tour operators and station managers.

2.   Railway undertakings shall provide other railway undertakings, ticket vendors and tour operators that sell their services with access to minimum travel information set out in Annex II, Parts I and II, and to the operations on reservation systems referred to in Annex II, Part III.

3.   Information shall be distributed and access shall be granted in a non-discriminatory manner and without undue delay. A one-off request shall be sufficient to have continuous access to information. The infrastructure manager and the railway undertaking obliged to make available information in accordance with paragraphs 1 and 2 may request the conclusion of a contract or other arrangement on whose basis information is distributed or access is granted.

The terms and conditions of any contract or arrangement for the use of the information shall not unnecessarily restrict possibilities for its reuse or be used to restrict competition.

Railway undertakings may require from other railway undertakings, tour operators and ticket vendors a fair, reasonable and proportionate financial compensation for the costs incurred in providing the access, and infrastructure managers may require compensation in accordance with the applicable rules.

4.   Information shall be distributed and access shall be provided by appropriate technical means, such as application programming interfaces.

5.   To the extent that the information covered by paragraphs 1 or 2 is provided in accordance with other Union legal acts, in particular Commission Delegated Regulation (EU) 2017/1926 (14), the corresponding obligations under this Article shall be deemed to have been complied with.

1.   Railway undertakings, ticket vendors and tour operators shall offer tickets and, where available, through-tickets and reservations.

2.   Without prejudice to paragraphs 3 and 4, railway undertakings shall sell, either directly or through ticket vendors or tour operators, tickets to passengers via at least one of the following means of sale:

The competent authorities, as defined in point (b) of Article 2 of Regulation (EC) No 1370/2007, may require railway undertakings to offer tickets for services provided under public service contracts via more than one means of sale.

3.   Where there is no ticket office or ticketing machine in the station of departure, passengers shall be informed at the station of:

4.   Where there is no ticket office or no accessible ticketing machine in the station of departure and no other accessible means to purchase a ticket in advance, persons with disabilities shall be permitted to buy tickets on board the train at no extra cost. Railway undertakings may limit or deny this right on justifiable grounds related to security or compulsory train reservation.

Where there is no staff on board the train, the railway undertaking shall advise the persons with disabilities whether to and inform them on how to purchase the ticket.

Member States may allow railway undertakings to require that persons with disabilities are recognised as such in accordance with the relevant national law and practices of the country of their residence.

Member States may extend the right referred to in the first subparagraph to all passengers. Where Member States apply this option, they shall inform the Commission accordingly. The European Union Agency for Railways shall publish the information on its website relating to the implementation of Regulations (EU) No 454/2011 and (EU) No 1300/2014.

1.   Where long-distance or regional rail passenger services are operated by a sole railway undertaking, that undertaking shall offer a through-ticket for those services. For other rail passenger services, railway undertakings shall make all reasonable efforts to offer through-tickets and shall cooperate to that end among themselves.

For the purpose of the first subparagraph the term ‘sole railway undertaking’ shall also include all railway undertakings which are either wholly owned by the same owner or which are wholly-owned subsidiary undertakings of one of the railway undertakings involved.

2.   For journeys including one or more connections, the passenger shall be informed prior to purchasing a ticket or tickets whether that ticket or those tickets constitute a through-ticket.

3.   For journeys including one or more connections, a ticket or tickets, purchased in a single commercial transaction from a railway undertaking, shall constitute a through-ticket and the railway undertaking shall be liable in accordance with Articles 18, 19 and 20 if the passenger misses one or more connections.

4.   Where a ticket or tickets are purchased in a single commercial transaction and the ticket vendor or tour operator has combined the tickets on its own initiative, the ticket vendor or tour operator that sold the ticket or tickets shall be liable to reimburse the total amount paid for that transaction for the ticket or tickets and, moreover, to pay compensation equivalent to 75 % of that amount in the event that the passenger misses one or more connections.

The right to reimbursement or to compensation referred to in the first subparagraph is without prejudice to applicable national law granting passengers further compensation for damage.

5.   The liabilities set out in paragraphs 3 and 4 shall not apply if it is mentioned on the tickets, or on another document or electronically in such a manner that allows the passenger to reproduce the information for future reference, that the tickets represent separate transport contracts, and the passenger was informed of this prior to the purchase.

6.   The burden of proof that the passenger was provided with the information referred to in this Article shall lie with the railway undertaking, tour operator or ticket vendor that sold the ticket or tickets.

7.   The ticket vendors or the tour operators shall be responsible for handling requests and possible complaints of the passenger under paragraph 4. The reimbursement and the compensation referred to in paragraph 4 shall be paid within 30 days after the receipt of the request.

1.   If a passenger is killed or injured, the railway undertaking as referred to in Article 26(5) of Annex I shall without delay, and in any event not later than 15 days after the establishment of the identity of the natural person entitled to compensation, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the damage suffered.

2.   Without prejudice to paragraph 1, an advance payment shall not be less than EUR 21 000 per passenger in the event of death.

3.   An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of this Regulation but is not returnable, except where damage was caused by the negligence or fault of the passenger or where the person who received the advance payment was not the person entitled to compensation.

1.   Where it is reasonably to be expected, either at departure or in the event of a missed connection or a cancellation, that arrival at the final destination under the transport contract will be subject to a delay of 60 minutes or more, the railway undertaking operating the delayed or cancelled service shall immediately offer the passenger the choice between one of the following options, and shall make the necessary arrangements:

2.   Where, for the purposes of points (b) and (c) of paragraph 1, comparable re-routing is operated by the same railway undertaking or another undertaking is commissioned to perform the re-routing, this shall not generate additional costs to the passenger. This requirement also applies where the re-routing involves the use of transport of a higher service class and alternative modes of transport. Railway undertakings shall make reasonable efforts to avoid additional connections and to ensure that delay in the total travel time is as short as possible. Passengers shall not be downgraded to transport facilities of a lower class unless such facilities are the only re-routing means available.

3.   Without prejudice to paragraph 2, the railway undertaking may allow the passenger, at his or her request, to conclude contracts with other providers of transport services which enable the passenger to reach the final destination under comparable conditions, in which case the railway undertaking shall reimburse the passenger for the costs that he or she incurs.

Where the available re-routing options are not communicated to the passenger within 100 minutes from the scheduled departure time of the delayed or cancelled service or the missed connection, the passenger shall be entitled to conclude such a contract with other providers of public transport services by rail, coach or bus. The railway undertaking shall reimburse the passenger for the necessary, appropriate and reasonable costs that he or she incurs.

This paragraph shall not affect national laws, regulations or administrative provisions which grant more favourable re-routing conditions to passengers.

4.   Re-routing transport service providers shall provide persons with disabilities and persons with reduced mobility with a comparable level of assistance and accessibility when offering an alternative service. Re-routing transport service providers may provide persons with disabilities and persons with reduced mobility with alternative services which are appropriate to their needs and which differ from those offered to other passengers.

5.   The reimbursements referred to in point (a) of paragraph 1 and in paragraph 3 shall be paid within 30 days after the receipt of the request. Member States may require railway undertakings to accept such requests by particular means of communication, provided that the request does not create discriminatory effects. The reimbursement may take the form of vouchers and/or the provision of other services provided that the terms of those vouchers and/or services are sufficiently flexible, in particular regarding the validity period and destination, and that the passenger agrees to accept those vouchers and/or services. The reimbursement of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps.

6.   The Commission shall adopt an implementing act establishing a common form for reimbursement requests under this Regulation by 7 June 2023. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38(2).

7.   Passengers shall have the right to submit their requests using the common form referred to in paragraph 6. Railway undertakings shall not reject a request for reimbursement solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the railway undertaking shall ask the passenger to clarify the request and shall assist the passenger to do so.

1.   Without losing the right of transport, a passenger is entitled to compensation for delays from the railway undertaking if he or she is facing a delay between the places of departure and final destination stated in the ticket or through-ticket for which the cost has not been reimbursed in accordance with Article 18. The minimum compensation for delays shall be as follows:

2.   Paragraph 1 shall also apply to passengers who hold a travel pass or season ticket. If those passengers encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket, they shall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements. These arrangements shall state the criteria for determining delay and for the calculation of the compensation. Where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket, the delays may be counted cumulatively and passengers may be compensated in accordance with the railway undertaking’s compensation arrangements.

3.   Without prejudice to paragraph 2, compensation for delay shall be calculated in relation to the full price which the passenger actually paid for the delayed service. Where the transport contract is for a return journey, compensation for delay on either the outward or the return leg shall be calculated in relation to the price indicated for that leg of the journey on the ticket. Where there is no such indication of the price of the individual legs of the journey, the compensation shall be calculated in relation to half of the price paid for the ticket. In the same way, the price for a delayed service provided under any other form of transport contract entitling the passenger to travel for two or more subsequent legs shall be calculated in proportion to the full price.

4.   The calculation of the period of delay shall not take into account any delay that the railway undertaking can demonstrate as having occurred outside the Union.

5.   The Commission shall adopt an implementing act establishing a common form for compensation requests under this Regulation by 7 June 2023. That common form shall be established in a format which is accessible to persons with disabilities and persons with reduced mobility. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38(2).

6.   Member States may require railway undertakings to accept requests for compensation by particular means of communication, provided that the request does not create discriminatory effects. Passengers shall have the right to submit their requests using the common form referred to in paragraph 5. Railway undertakings shall not reject a request for compensation solely on the grounds that the passenger has not used that form. If a request is not sufficiently precise, the railway undertaking shall ask the passenger to clarify the request and shall assist the passenger to do so.

7.   The compensation of the ticket price shall be paid within one month after the submission of the request for compensation. The compensation may be paid in vouchers and/or other services if the terms are flexible, in particular regarding the validity period and destination. The compensation shall be paid in money at the request of the passenger.

8.   The compensation of the ticket price shall not be reduced by financial transaction costs such as fees, telephone costs or stamps. Railway undertakings may introduce a minimum threshold under which payments for compensation will not be paid. This threshold shall not exceed EUR 4 per ticket.

9.   Passengers shall not have any right to compensation if they are informed of a delay before buying a ticket, or if a delay due to continuation on a different service or re-routing remains below 60 minutes.

10.   A railway undertaking shall not be obliged to pay compensation if it can prove that the delay, missed connection or cancellation was caused directly by, or was inherently linked with:

Strikes by the personnel of the railway undertaking, acts or omissions by another undertaking using the same railway infrastructure and acts or omissions of the infrastructure and station managers are not covered by the exemption referred to in point (c) of the first subparagraph.

1.   In the case of a delay in arrival or departure, or cancellation of a service, passengers shall be kept informed of the situation and of the estimated departure time and estimated arrival time of the service or the replacement service by the railway undertaking or by the station manager as soon as such information is available. Where ticket vendors and tour operators have such information, they shall also provide it to the passenger.

2.   Where the delay referred to in paragraph 1 amounts to 60 minutes or more, or the service is cancelled, the railway undertaking operating the delayed or cancelled service shall offer the passengers the following, free of charge:

3.   If the railway service is interrupted and cannot be continued anymore or cannot be continued within a reasonable period, railway undertakings shall provide passengers as soon as possible with alternative transport services and make the necessary arrangements.

4.   Railway undertakings shall inform affected passengers how to request certification that the rail service has suffered a delay, led to a missed connection or that it has been cancelled. This certification shall also apply in connection with the provisions laid down in Article 19.

5.   In applying paragraphs 1 to 4, the operating railway undertaking shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility, as well as to those of any accompanying persons and assistance dogs.

6.   Where contingency plans are established pursuant to Article 13a(3) of Directive 2012/34/EU, the railway undertakings shall coordinate with the station manager and infrastructure manager in order to prepare them for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station. Such contingency plans shall include requirements for the accessibility of alert and information systems.

1.   Railway undertakings and station managers shall, with the active involvement of representative organisations and, where relevant, representatives of persons with disabilities and persons with reduced mobility, establish or have in place non-discriminatory access rules for the transport of persons with disabilities, including their personal assistants recognised as such in accordance with national practices, and persons with reduced mobility. Those rules shall take into account the agreements referred to in point 4.4.3 of the Annex to Regulation (EU) No 1300/2014, in particular with regard to the entity responsible for providing assistance to persons with disabilities and persons with reduced mobility.

2.   Reservations and tickets shall be offered to persons with disabilities and persons with reduced mobility at no additional cost. A railway undertaking, ticket vendor or tour operator may not refuse to accept a reservation from, or to issue a ticket to, a person with disabilities or a person with reduced mobility, or require that such person be accompanied by another person, unless this is strictly necessary in order to comply with the access rules referred to in paragraph 1.

1.   Upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator shall provide persons with disabilities and persons with reduced mobility with information, including in accessible formats in accordance with the provisions of Regulations (EU) No 454/2011 and (EU) No 1300/2014 and Directive (EU) 2019/882, on the accessibility of the station and associated facilities, and of rail services and on the access conditions of rolling stock in accordance with the access rules referred to in Article 21(1) and shall inform persons with disabilities and persons with reduced mobility about facilities on board.

2.   When a railway undertaking, ticket vendor or tour operator makes use of the derogation provided for in Article 21(2), it shall upon request inform in writing the person with disabilities or person with reduced mobility concerned of its reasons for doing so within five working days of the refusal to accept the reservation or to issue the ticket or of the imposition of the condition of being accompanied. The railway undertaking, ticket vendor or tour operator shall make reasonable efforts to propose acceptable alternative transport to the person in question taking into account his or her accessibility needs.

3.   In unstaffed stations, railway undertakings and station managers shall ensure that easily available information, including in accessible formats in accordance with the provisions of Regulations (EU) No 454/2011 and (EU) No 1300/2014 and Directive (EU) 2019/882, is displayed in accordance with the access rules referred to in Article 21(1) regarding the nearest staffed stations and regarding directly available assistance for persons with disabilities and persons with reduced mobility.

1.   Persons with disabilities or persons with reduced mobility shall be assisted as follows:

2.   The rules referred to in Article 21(1) shall establish the arrangements for the exercise of the rights referred to in paragraph 1 of this Article.

1.   Where railway undertakings and station managers cause the loss of, or damage to, mobility equipment, including wheelchairs, and assistive devices, or the loss of, or injury to, assistance dogs used by persons with disabilities and persons with reduced mobility, they shall be liable for that loss, damage or injury, and provide compensation without undue delay. That compensation shall comprise:

2.   Where paragraph 1 applies, railway undertakings and station managers shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for mobility equipment or assistive devices. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement equipment or device until the compensation referred to in paragraph 1 has been paid.

1.   Railway undertakings and station managers shall ensure that all staff, including those newly recruited, providing, in their regular duties, direct assistance to persons with disabilities and persons with reduced mobility, receive disability-related training in order to know how to meet the needs of persons with disabilities and of persons with reduced mobility.

They shall also provide all staff, working at the station or on board trains, who deal directly with the travelling public with training and regular refresher training courses to raise awareness of the needs of persons with disabilities and persons with reduced mobility.

2.   Railway undertakings and station managers may accept the participation, in the training referred to in paragraph 1, of employees with disabilities, and may consider the participation of passengers with disabilities and passengers with reduced mobility, and/or organisations representing them.

1.   Each railway undertaking and station manager of a station handling on average more than 10 000 passengers per day over a year shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details and working language, or languages, widely known to passengers. This mechanism shall not apply for the purposes of Chapter III.

2.   Passengers may submit a complaint to any railway undertaking or station manager regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within three months of the incident that it concerns. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger that he or she will receive a reply within a period of less than three months from the date of receipt of the complaint. Railway undertakings and station managers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure, including the complaint-handling procedures referred to in Articles 33 and 34, and shall make that data available to national enforcement bodies upon request.

3.   Details of the complaint-handling procedure shall be accessible to the public, including to persons with disabilities and to persons with reduced mobility. This information shall be available upon request at least in the official language or languages of the Member State in which the railway undertaking is operating.

4.   The railway undertaking shall publish in the report referred to in Article 29(2) the number and categories of received complaints and of processed complaints, the response time and the possible improvement actions undertaken.

1.   Railway undertakings shall establish service quality standards and implement a quality management system to maintain service quality. The service quality standards shall at least cover the items listed in Annex III.

2.   Railway undertakings shall monitor their own performance as reflected in the service quality standards. By 30 June 2023, and every two years thereafter, they shall publish a report on their service quality performance on their website. Such reports shall also be made available on the website of the European Union Agency for Railways.

3.   Station managers shall establish service quality standards based on the relevant items listed in Annex III. They shall monitor their performance pursuant to those standards and provide access to the information on their performance to the national public authorities on request.

1.   When selling tickets for journeys by rail, railway undertakings, station managers, ticket vendors and tour operators shall inform passengers of their rights and obligations under this Regulation. In order to comply with this information requirement, they may use a summary of the provisions of this Regulation prepared by the Commission in all official languages of the Union and made available to them. They shall provide that information, in either paper or electronic format, or by any other means, including in accessible formats in accordance with the provisions of Directive (EU) 2019/882 and Regulation (EU) No 1300/2014. They shall specify where, in the event of cancellation, missed connection or long delay, such information can be obtained.

2.   Railway undertakings and station managers shall inform passengers in an appropriate manner, including in accessible formats in accordance with the provisions of Directive (EU) 2019/882 and Regulation (EU) No 1300/2014, at the station, on the train and on their website, of their rights and obligations under this Regulation, and of the contact details of the body or bodies designated by Member States pursuant to Article 31.

1.   Each Member State shall designate a body or bodies responsible for the enforcement of this Regulation. Each body shall take the measures necessary to ensure that the rights of passengers are respected.

2.   Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any infrastructure manager, charging body, allocation body or railway undertaking.

3.   Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities. The Commission and the bodies designated shall publish that information on their websites.

4.   The enforcement obligations as regards station managers and infrastructure managers provided for in this Chapter shall not apply to Cyprus or Malta for as long as no railway system is established within their respective territories and as regards railway undertakings for as long as no railway undertaking has been licensed by a licensing authority designated by Cyprus or Malta in accordance with Article 2(1).

1.   The national enforcement bodies shall closely monitor compliance with this Regulation, including with Regulations (EU) No 454/2011 and (EU) No 1300/2014 as far as those Regulations are referred to in this Regulation, and shall take the measures necessary to ensure that the rights of passengers are upheld.

2.   For the purpose of paragraph 1, railway undertakings, station managers, infrastructure managers, ticket vendors and tour operators shall provide the national enforcement bodies with relevant documents and information at their request without undue delay and, in any event, within one month from the receipt of the request. In complex cases, the national enforcement body may extend this period to a maximum of three months from the receipt of the request. In carrying out their functions, the national enforcement bodies shall take account of the information submitted to them by the body designated under Article 33 to handle complaints, if this is a different body. They may also decide on enforcement actions based on individual complaints transmitted by such a body.

3.   Every two years, the national enforcement bodies shall publish reports with statistics on their activity, including on penalties applied by 30 June of the following calendar year. Those reports shall be made available on the website of the European Union Agency for Railways.

4.   Railway undertakings shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.

1.   Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council (15), after having complained unsuccessfully to the railway undertaking or station manager pursuant to Article 28 the passenger may complain to the national enforcement body or any other body designated under paragraph 2 of this Article within three months from receiving information on the rejection of the original complaint. Where no reply is received within three months from making the original complaint, the passenger shall have the right to complain to the national enforcement body or any other body designated under paragraph 2. Where necessary, that body shall inform the complainant about his or her right to complain to alternative dispute resolution bodies to seek individual redress.

2.   Any passenger may complain about an alleged infringement of this Regulation either to the national enforcement body, or to any other body designated by a Member State for that purpose.

3.   The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. For complex cases, that body may extend that period to six months. In such a case, it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure. Only those cases that involve legal proceedings may take longer than six months. Where that body is also an alternative dispute resolution body within the meaning of Directive 2013/11/EU, the time limits laid down in that Directive shall prevail.

The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility.

4.   Passenger complaints about an incident involving a railway undertaking shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State that granted that undertaking’s licence.

5.   Where a complaint relates to alleged infringements by station or infrastructure managers, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred.

6.   In the framework of cooperation pursuant to Article 34, the national enforcement bodies may derogate from paragraphs 4 or 5 of this Article, or both of them, where for justified reasons, in particular those related to language or place of residence, this is in the passenger’s interest.

1.   Where different bodies are designated under Articles 31 and 33, reporting mechanisms shall be set up to ensure the exchange of information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 33 can collect the information necessary to examine individual complaints.

2.   National enforcement bodies shall exchange information on their work and decision-making principles and practices for the purpose of coordination. The Commission shall support them in that task.

3.   In complex cases such as those involving multiple complaints or a number of operators, cross-border travel or accidents on the territory of a Member State other than that which granted the undertaking’s licence, and in particular where it is unclear which national enforcement body is competent, or where it would facilitate or accelerate the resolution of the complaint, national enforcement bodies shall cooperate to identify a lead body, which shall serve as a single point of contact for passengers. All national enforcement bodies involved shall cooperate to facilitate the resolution of the complaint, including by sharing information, assisting with the translation of documents and providing information on the circumstances of incidents. Passengers shall be informed which body is acting as lead body.

1.   Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.

2.   In the framework of cooperation referred to in Article 34 the national enforcement body which is competent for the purposes of Article 33(4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties.

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 36 shall be conferred on the Commission for a period of five years from 6 June 2021. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 36 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following that of its publication in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 36 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months from notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.