On Thursday 12 March, national experts from the EU Council Working Party on Aviation will examine the second draft compromise of the Croatian Presidency on the revision of the EU regulations on air passenger rights (261/2004 and 2027/97).
Unlike the previous draft (see EUROPE 12425/3), this text dated 6 March, of which EUROPE has obtained a copy, does not present any radical changes.
However, it gives the Commission the possibility to review every 2 years the list of extraordinary circumstances that may be invoked by air carriers to discharge their obligations to passengers in the event of delay or cancellation.
The Commission may then "prepare a report on the advisability of amending" this list and then include, if it deems it necessary, new extraordinary circumstances. This shall be done by means of delegated acts, specified in the text after consulting the national experts.
Still on this point, the Presidency maintains its proposal for an exhaustive list put forward in the previous draft compromise.
It adds a new extraordinary circumstance to this list: labour disputes at essential service providers, such as the managing body of the airport, air navigation service providers or providers of ground handling services.
The list of criteria for considering certain technical defects as extraordinary circumstances has also been somewhat narrowed. Some states had expressed concern that treating such defects as extraordinary circumstances that could prevent airlines from paying compensation would run counter to the protection of passengers.
Discussions on the revision of the EU's air passenger rights regulations, which had stalled in the Council for some years, resumed in November 2019 at the initiative of the Finnish Presidency. The last substantive debate on this subject took place at a Transport Council meeting in June 2015 (see EUROPE 11334/7).
In Parliament, on the other hand, a position was adopted at first reading as early as 2014 (see EUROPE 11012/5). (Original version in French by Agathe Cherki)