Significant negotiation success for the Cyprus Presidency of the Council of the EU is the reaching of an agreement today Friday within the “27” member states, with a broad majority that exceeds the qualified majority threshold, for the revision of the regulation on the rights of air passengers.
According to a senior European diplomat who briefed the press, the agreement represents “a political statement about the Europe we want, a Europe that protects its citizens, a European social model in action”. As he pointed out, the revision was imperative, given that the current regulation dates back to 2004 “a completely different era for passenger rights and aviation”, while the Commission’s original proposal had already been submitted in 2013.
The compromise retains key elements of the current framework, including the three-hour delay that establishes right to compensation, as well as the compensation range from 250 to 600 euros depending on the distance flight.
At the same time, it introduces a new obligation for airlines to inform passengers within 96 hours, in the event of a cancellation or delay of at least three hours, with clear instructions on how to apply for compensation, a measure which, according to the senior diplomat, aims to raise awareness among travelers, the majority of whom are not currently claiming compensation.
However, the co-legislators decided not to impose an obligation to send a pre-filled compensation form or a direct link to the paper compensation claim form, proposals that had both been pushed by the European Parliament, but with insufficient support from member states.
Among the new benefits, the senior diplomat cited enhanced protection against “no show” practices, particularly for people with reduced mobility, pregnant women and unaccompanied minors. Mandatory placement of family members in adjacent seats at no extra charge is also introduced, as well as expanded rerouting rights, including the ability to use other airlines. In addition, passengers get the possibility to organize their own re-routing when this is necessary.
The legislation will now provide clear deadlines for airlines to process compensation claims, alongside stricter rules on the use of vouchers, as well as protection for missed responses, with passengers’ rights now explicitly enshrined in European law.
In addition, there are rules on tarmac delays, emergency requirements at airports to protect passengers during disruptions, and free correction of errors in ticket names.
For hand luggage, the new framework mandates price transparency so that the price including hand luggage is displayed as a default on search platforms. There are also improved baggage allowances, including the ability to carry musical instruments in the cabin under appropriate conditions, as well as enhanced safeguards for passengers’ belongings.
Added to the agreed changes are new requirements for airport emergency plans to better care for passengers during disruptions.
Enhanced compensation rights in case of seat downgrades are envisaged, as well as free and effective communication channels with airlines, facilitating the exercise of passengers’ rights, as well as free correction of errors in ticket names, which until now meant the loss of the entire amount by the passenger. In addition, passengers will no longer be required to use an app or create an online account to travel, a right associated with boarding passes.
The text awaits the approval of the European Parliament, specifically the MEPs of the conciliation committee, before Monday, when the deadline for reaching an agreement expires.
KYPE
