New rights are foreseen for air passengers in the European Union, with the aim of updating the rules created with EU Regulation 261/2004 relating to delays, baggage, refunds, cancellations and practices considered penalizing for travellers. The common text relating to the regulation on the rights of air passengers received the green light after days of negotiations from the permanent representatives of the 27 member states, with two votes against – Spain and Latvia – and two abstentions – Austria and Finland, and will be presented by the negotiating group of the European Parliament today, Monday 15 June, at 7.45pm.
The Regulation applies to passengers departing from an airport located in the EU and to passengers arriving in the EU from a third country, if operated by a community airline. The review of air passenger rights in the European Union was initially proposed by the European Commission in 2013: negotiations between Member States to reach an agreement (in particular on changes to compensation times) have continued for thirteen years and this afternoon the joint compromise text agreed by the Conciliation Committee, under the Cypriot Presidency of the Council of the EU. The text will now have to be submitted to a formal vote in the European Parliament and the Council before becoming law – the effective application of which will take several months.
The regulations on refunds, delays and cancellations
According to previews – the final details of the text will be illustrated today – passengers who suffer delays of more than 3 hours will still have the right to be compensated: although there were proposals that aimed to raise the 3 hour threshold, with airlines asking for greater flexibility and the Commission had proposed to raise it to 4 hours for short flights and to 6 for long ones, in the compromise text reached by the Member States, the negotiators of the European Parliament and consumer associations it was agreed to maintain the current limit of 3 hours for compensation for delayed flights, protecting travelers and the principle historically established by the Court of Justice of the EU.
The current compensation amounts also remain unchanged, ranging between 250 and 600 euros (based on distance): airlines have repeatedly requested a reduction of within 500 euros, but the proposal was rejected last Friday. Instructions and procedures for requesting refunds and compensation must be provided transparently to passengers by companies, and there must be precise deadlines for processing requests and managing the paperwork on their part. The use of vouchers should also be regulated more stringently, so that the passenger can choose whether or not to accept it instead of a monetary refund.
For flights canceled without adequate notice, the right to compensation and to receive assistance remains valid and the proposal strengthens the obligations of protection and assistance to passengers in the event of cancellation, better defining the perimeter of “exceptional circumstances”, the main reason that is usually presented by companies for refusing to provide compensation.
More stringent rules are foreseen for flights missed in connection and the introduction of new no-show guarantees is proposed, against the loss of the return flight: if the passenger does not get on the outward flight, the company should not be able to penalize him on the return by canceling the flight or introducing penalties and compensation is proposed in the event that boarding is denied on the return for this reason.
Luggage: trolley included in the basic rate
That of hand luggage and the rates applied by companies was one of the most controversial issues: member states proposed to oblige airlines to include the cost of additional cabin baggage in the basic price of the ticket, a measure aimed at improving the transparency and comparability of prices, avoiding fly-by-night fares.
This therefore does not mean that the price of cabin baggage will be free, but that it will already be included in the initial price, with the possibility of offering discounts to consumers who choose to waive them. Some sources report that the possibility of carrying musical instruments in the cabin will be regulated in a more protective manner for passengers (under certain conditions) and there will be greater protection for passengers’ personal effects.
The rights of passengers with specific needs and other protections
For people with specific needs (priority assistance and rescheduling with guaranteed places together with family members and companions) greater protections have been proposed, also in relation to mobility equipment, and the possibility of receiving compensation in the event of inadequate assistance.
Furthermore, for the accompanying adult who wishes to sit next to their children (minors under 14 years old), the right to occupy the next seat without having to pay additional costs has been added. Some national authorities, including Italy, were already applying the rule independently: ENAC had already imposed it in 2021 for children under 12 and for people with reduced mobility.
Correcting your name on tickets in the event of an error during booking should be free: until now, several companies asked for a surcharge to be paid to make the correction in case of typos.
Finally, the proposal prevents airlines from forcing passengers to create an online account and download a smartphone application to obtain a boarding pass, a practice that several low-cost airlines, such as Ryanair, have introduced in recent months.
“The European Parliament promised passengers that their rights would not be taken backwards, and we have not given up,” said Andrey Novakov, MEP and the European Parliament’s chief negotiator on air passenger rights last Friday, part of the EPP group (the largest political group in the European Parliament with 185 MEPs from all member states).
It is right to specify again that today there will be the presentation of the text. The formal vote by the plenary of the European Parliament and the Council, necessary to definitively approve the agreement and transform it into law, will take place at a later date, followed by a transitional period (generally 12 to 24 months) after publication in the Official Journal of the EU to allow companies, booking platforms and airports to update policies and adapt.
