Transport by sea and inland waterway

ART is the national body responsible for the assessment of the infringements of the provisions of Regulation (EU) No. 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway.

Watch the video-tutorial on the rights of passengers when travelling by sea and inland waterway (in italian language).

For further information, please visit and use:

• the information pages of the European Commission on Passenger Rights (Single Digital Gateway);
• the Authority’s FAQ (in italian language);
• ART digital assistant “SmARTbot” (in italian language), accessible from the homepage of the website.

REFERENCE LEGISLATION

EU Regulation

EU legislation regulates the rights and obligations of passengers in sea and inland waterway transport based on Regulation (EU) No 1177/2010. This legislative framework provides for a number of rights for passengers travelling with:

• passenger services whose port of embarkation is situated in the territory of a EU Member State;
• passenger services provided by EU carriers from a port located in a third country to a port located in a EU Member State;
• cruises whose port of embarkation is located in the territory of a EU Member State.

Regulation (EU) No 1177/2010 provides, inter alia, the rights of passengers in the event of cancellation or delay in departure and the assistance provided in those cases, the compensation due in the event of delay in arrival, the accessibility and assistance to persons with disabilities or reduced mobility, the deadlines to respond to complaints.

However, the Regulation does not apply to certain categories of navigation services. In particular, it shall not apply in respect of passengers travelling on ships certified to carry up to 12 passengers, on ships which have a crew responsible for the operation of the ship composed of not more than three persons, where the distance of the overall passenger service is less than 500 metres, one way, for excursion and sightseeing tours or on ships not propelled by mechanical means.

—> the Court of Justice of the European Union ruled on the interpretation of Regulation (EU) No 1177/2010 by its judgment in Case C‑570/19 of 2 September 2021

Implementation of the EU Regulation in Italy

The Transport Regulation Authority is responsible for the assessment of the infringements of the provisions of Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway and for the imposition of sanctions provided for under Legislative Decree No 129 of 29 July 2015.

For the purposes of implementation of the above-mentioned legislation, the Authority has approved the Rules of procedure on sanctioning proceedings for infringements of the provisions of Regulation (EU) No 1177/2010 of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway and receives, through a dedicated online system (SiTe), second-instance complaints, aimed at starting verifications for the purpose of imposing penalties, if any.

MINIMUM CONTENT OF RIGHTS DEFINED BY THE AUTHORITY

The Authority has also defined the minimum rights that may be claimed by users of sea and inland waterway transport services from service providers and terminal operators with regard to the handling of complaints, including:

• Decision No 83/2019 — “Measures concerning the minimum rights that may be claimed by users of sea and inland waterway transport services from service providers and terminal operators with regard to the handling of complaints”.

REPORTS ON THE ACTIVITIES CARRIED OUT BY THE AUTHORITY

Article 26 of Regulation (EU) No 1177/2010 requires the Transport Regulation Authority to publish, every two years, an activity report.

• Activity report from 1 January 2021 to 31 December 2022 (date of publication: 04/10/2023)
• Activity report as at the 1st quarter of 2021 (date of publication: 26/05/2021)
• Activity report as at the 1st quarter of 2019 (date of publication: 24/05/2019 – in Italian language)
• Activity report as at the 1st quarter of 2017

For further information on the activities carried out by the Authority for the protection of  passengers when travelling by sea and inland waterway, please consult the above reports and the Annual Report.