The Merchant Shipping (Passengers’ Rights) (Amendment etc.) (EU Exit) Regulations 2019

Amendment of Regulation (EU) No 1177/2010

7.—(1) 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 and amending Regulation (EC) No 2006/2004(1) is amended as follows.

(2) In Article 2 (scope)—

(a) in paragraph 1—

(i) for “territory of a Member State”, wherever it appears, substitute “United Kingdom”; and

(ii) in point (b), for “Union carrier”, substitute “United Kingdom carrier”;

(b) omit paragraphs 3 and 4; and

(c) in paragraph 5, for the words “Directive 2006/87/EC and to Directive 2009/45/EC”, substitute “the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010(2)”.

(3) In Article 3 (definitions)—

(a) omit point (b);

(b) for point (e), substitute—

“(e) ‘United Kingdom carrier’ means a carrier established within the United Kingdom or offering transport by passenger services operated to or from the United Kingdom;”;

(c) in point (q), for “Article 2(2) and (3) of Directive 90/314/EEC”, substitute “regulation 2(1) of the Package Travel and Linked Travel Arrangements Regulations 2018(3)”; and

(d) in point (s), for “territory of a Member State”, substitute “United Kingdom”.

(4) In Article 4 (tickets and non-discriminatory contract conditions)—

(a) in paragraph 1, for “national law”, substitute “any enactment or rule of law”; and

(b) in paragraph 2, omit the words from “or on the place” to the end of the paragraph.

(5) In Article 8 (exceptions and special conditions), in paragraph (1)(a), for “, Union or national law”, substitute “law, or any enactment or rule of law,”.

(6) In Article 9 (accessibility and information), in paragraph 1, for “national enforcement bodies”, substitute “the body designated under regulation 8 of the Merchant Shipping (Passengers’ Rights) Regulations 2013”.

(7) In Article 11 (conditions under which assistance is provided), in paragraph 5, omit “national”.

(8) In Article 17 (assistance in the event of cancelled or delayed departures), in paragraph 2, for “EUR 80”, substitute “£70”.

(9) In Article 19 (compensation of the ticket price in the event of delay in arrival), in paragraph 6, for “EUR 6”, substitute “£5”.

(10) In Article 21 (further claims)—

(a) for “national law”, substitute “any enactment or rule of law”;

(b) for “national courts”, substitute “courts of the United Kingdom”; and

(c) for “Directive 90/314/EEC”, substitute “the Package Travel and Linked Travel Arrangements Regulations 2018”.

(11) In Article 23 (information on passenger rights)—

(a) in paragraph 2, for the words “Commission in all the official languages of the institutions of the European Union”, substitute, “body designated under regulation 8 of the Merchant Shipping (Passengers’ Rights) Regulations 2013”; and

(b) in paragraph 3, for the words “by the Member State concerned pursuant to Article 25(1)”, substitute “under regulation 8 of the Merchant Shipping (Passengers’ Rights) Regulations 2013”.

(12) For Article 25 (national enforcement bodies), substitute—

“Article 25 Enforcement bodies

1.   Regulation 8 of the Merchant Shipping (Passengers’ Rights) Regulations 2013 designates the body responsible for the enforcement of this Regulation.

2.   Any passenger may submit a complaint about an alleged infringement of this Regulation to the body designated under regulation 8 of the Merchant Shipping (Passengers’ Rights) Regulations 2013. That body must provide passengers with a substantiated reply to their complaint within a reasonable period of time, under the provisions in Article 24.

3.   The passenger must, as a first step, submit the complaint covered by this Regulation to the carrier or terminal operator. The body designated under regulation 8 of the Merchant Shipping (Passengers’ Rights) Regulations 2013 is the appeal body for complaints not resolved under Article 24.”

(13) In Article 26 (report on enforcement), for the words “bodies designated pursuant to Article 25 shall publish a report on their”, substitute “body designated under regulation 8 of the Merchant Shipping (Passengers’ Rights) Regulations 2013 must publish a report on its”.

(14) Omit Article 27 (cooperation between enforcement bodies).

(15) For Article 28 (penalties), substitute—

“The Merchant Shipping (Passengers’ Rights) Regulations 2013 lay down rules on penalties applicable to the infringement of the provisions of this Regulation.”.

(16) Omit Articles 29 (report) and 31 (entry into force).

(17) After Article 31 (entry into force), omit the paragraph beginning with the words “This Regulation shall be”.

(18) In Annex I (right to reimbursement or re-routing for disabled persons and persons with reduced mobility as referred to in Article 8), in paragraph 2, for “Directive 90/314/EEC”, substitute “the Package Travel and Linked Travel Arrangements Regulations 2018”.

(19) In Annex III (assistance on board ships as referred to in Articles 10 and 13), in paragraph 1, for “national regulations”, substitute “any enactment or rule of law”.

(1)

OJ No. L 334, 17.12.2010, p. 1.

(2)

S.I. 2010/1075, to which there are amendments not relevant to these regulations.

(3)

S.I. 2018/634.