On Tuesday 21 January, national experts from the Council of the European Union's Working Party on Aviation will discuss the revision of the European regulations on air passenger rights (261/2004 and 2027/97) on the basis of a new study by the European Commission.
Published on 13 January, this study highlights the main developments concerning air passenger rights since the Commission's proposal for a revision of the legislation presented in March 2013 (see EUROPE 10805/14).
In light of these developments, the Commission concludes that the need to reform air passenger rights “is even more urgent than in 2013”. Indeed, the number of flights disrupted due to cancellations or delays of more than 2 hours has increased considerably and it is still quite difficult for passengers to assert their rights due to the complexity of the regulatory framework and the lack of information.
In addition, the increase in disruption has led to an increase in complaints, which has increased the burden on airlines, the Commission also says.
In terms of priorities, passengers placed the care and assistance to be provided in the event of a disruption to the journey at the top of the list. Coming in second and third: rerouting - ensuring that passengers arrive at their destination as quickly as possible - and reimbursement and/or compensation (where applicable).
The Commission's legislative proposal in 2013 aims to “ensure effective and consistent monitoring of the application of the rights of passengers” by clarifying the rules that apply in the event of cancellation or long delay of a flight and to establish harmonised conditions for the exercise of the activities of European air carriers.
However, since mid-2015, this legislative proposal has been blocked in the EU Council. There are two points which are problematic for some Member States. The first, specific to this particular legislative proposal, is a disagreement on the threshold for triggering the compensation proposed by the Commission in the event of delay.
The second is a source of deadlock in many dossiers relating to the aviation sector, since it concerns the status of Gibraltar (see EUROPE 11236/17). During discussions between Member States on this issue, Madrid demanded that Gibraltar airport should not be covered by European legislation until the issue of the sovereignty of the small British territory claimed by Spain for more than three centuries has been resolved (see EUROPE 11334/7).
Faced with the need to reform air passenger rights, the former Finnish Presidency of the EU Council sent a document to the Member States on 19 November 2019 aimed at reopening discussions (see EUROPE 12374/11).
For its part, the European Parliament adopted its position at first reading in February 2014 (see EUROPE 11012/5).
To consult the study: https://bit.ly/2QXUEqD (Original version in French by Damien Genicot)