Brian O'Shea (Waterford, Labour)
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Question 85: To ask the Minister for Transport the reason he has decided to opt out of new EU regulations on increased consumer protection rights for rail passengers; his views on the fact that rail users here will be omitted from the increased EU passenger protection measures for 15 years; and if he will make a statement on the matter. [6434/10]

Noel Dempsey (Meath West, Fianna Fail)
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EC Regulation 1371/2007 on rail passenger rights and obligations entered into force on 3 December 2009. Articles 9, 11, 12, 19, 20(1) and 26 of the regulation, now apply to all rail passenger services throughout the Community including all Irish Rail passenger services. Domestic rail services, have, under S.I. No 473 of 2009 of 1 December 2009, been exempted from the application of the other Articles of the Regulation pending the conclusion of discussions with Irish Rail regarding their application to the inter-city rail passenger services. The provisions of EC regulation 1371/2007 apply in full to the cross-border Enterprise service between Dublin and Belfast. S.I. No 473 of 2009 provides for an exemption of 5 years and not 15 years and can be repealed when there is a satisfactory outcome to the discussions with Irish Rail.