On Wednesday 28 May, the Member States’ representatives to the European Union (Coreper) failed to reach an agreement on the revision of the Regulation on air passenger rights. According to a source contacted by Agence Europe, they were unable to agree on the right to compensation.
The Polish Presidency of the Council of the EU has changed the reimbursement thresholds (see EUROPE 13649/13). 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 is delayed for at least six hours.
According to the European Commission and the Presidency, this solution is more advantageous for passengers, as it allows them to arrive at their destination anyway. In fact, some airlines prefer to cancel a flight rather than delay it, as they are obliged to reimburse the passenger in all cases.
By extending the possible delay period, Poland wishes to give the airlines time to organise a new flight, with a new crew, and to take into account the congestion of European airspace. As there are not necessarily several airlines providing service to a given destination, this option reduces the risk of passengers getting stuck or having to wait a day or two.
Despite the support of a large number of Member States, this solution failed to win a qualified majority.
On the other hand, a number of Member States prefer to stick with the current situation, which is the result of rulings by the Court of Justice of the EU. As things stand at present, passengers are entitled to compensation of €250 if their flight is delayed by three hours, and €500 if it is delayed by six hours.
According to these countries, increasing the length of possible delay would not be favourable to passengers, as it could give the impression that their rights have been diminished, since they would be entitled to compensation less quickly. They also fear that the increase will be less popular with the public, who may see it as a favour to the airlines. Finally, maintaining the three-hour threshold makes it possible to maintain the pressure on the airlines to find solutions within a given timeframe.
A smaller number of delegations would like to return to the Commission’s initial proposal, which provides for thresholds of five and nine hours. They refer to the EU institution’s impact study, which dates back more than 10 years, but is the only basis for neutral data on the subject.
Finally, one Member State suggested having a single three-hour threshold for all distances, with compensation of €300. This option, it believes, would be administratively simpler.
According to the source, the Polish Presidency will be working between now and the next Coreper meeting to try to reach an agreement. (Original version in French by Anne Damiani)