On Wednesday, 28 May, representatives of EU member states (Coreper) are expected to reach a political agreement on the regulation concerning air passenger rights. The Polish Presidency wanted to take advantage of the discussions on the revision of passenger rights legislation to reopen negotiations on this text (see EUROPE 13641/16), which has been on the table since 2013 (see EUROPE 13540/9).
Hand luggage. According to a European source contacted by Agence Europe on Tuesday 27 May, a qualified majority could be reached on the latest compromise proposed by Poland.
The first important point is the dimensions and weight of hand luggage, as Spain and the European Consumer Organisation (BEUC) denounced the unfair practices of low-cost airlines to the European Commission and the European Consumer Protection Network (CPC) on Wednesday 21 May (see EUROPE 13645/15).
The Presidency has proposed standards: hand luggage should not exceed 10 kilograms and a total length, width and depth of 115 centimetres, with each of these dimensions not exceeding 56 centimetres. For personal belongings, such as small backpacks that fit under the front seat, they should be 40 centimetres long, 30 wide and 15 deep. These standards would apply to all flights within the EU.
In addition, the Presidency has clarified certain provisions, in particular the right to re-routing. Airlines would be obliged to offer passengers an alternative route as soon as possible if the original route is no longer possible, whether it is with the same airline as the cancelled flight or with another airline. It could even be another mode of transportation, such as the train, if this is possible and reasonable given the distance to be covered. If the airline does not offer alternatives within three hours of the original flight, the passenger could make their own arrangements and be entitled to a refund of 400% of the price of the journey.
Poland has also added a right to assistance, with food, drink and accommodation. If an airline does not respect this right, the passenger has the right to make a claim and be reimbursed.
Compensation rights. The Polish Presidency has also changed the thresholds for reimbursement, on the basis of an impact study by the European Commission. Passengers would be entitled to compensation for flights of 3,500 kilometres or less within the EU delayed by at least four hours. For flights over 3,500 kilometres, i.e. outside the EU, passengers would be entitled to higher compensation if the aircraft was delayed for at least six hours.
According to this source, these thresholds are likely to change during the negotiations. These standards will also be reviewed every three years.
These rules would only apply to EU airlines, as it would be very complicated for national authorities to implement these rules for airlines based in third countries. Given that these are often national companies, this could have a diplomatic and political impact, explained the source. For this source, however, this rule could give EU airlines a competitive advantage, as it would give passengers the choice of having an automatic guarantee when booking.
The Presidency is also said to have tightened the rules on compensation. Passengers should be informed of their right to compensation at least 14 days before departure. After the delay, the company would have 14 days either to pay the compensation or to provide at least one response.
Under the ordinary legislative procedure (Article 294 TFEU) chosen by the Presidency, the EU Council is expected to approve this agreement at first reading in September, which would give the European Parliament around three months to give its opinion on the proposal. (Original version in French by Anne Damiani)