On Monday 13 October, the European Parliament’s Committee on Transport and Tourism (TRAN) adopted its draft guidelines for second reading on changes to the rights of air passengers in the EU by 34 votes (with two abstentions). During the debate, they were united against the Council of the EU, strongly criticising its position at first reading, which was adopted in June (see EUROPE 13654/1).
The rapporteur, Andrey Novakov (EPP, Bulgarian), described the EU Council’s attitude as “very unfriendly”, criticising it for having taken eleven years to adopt a position, but also its choice of procedure, which “creates pressure when it comes to time and when it comes to the way we are able to get a decision”.
His colleagues and the rapporteur also criticised the content of the position itself (see EUROPE 13662/6). In particular, they expressed their incomprehension and dissatisfaction with the increase in the reimbursement threshold relating to delays. Currently set at three hours, the EU Council has decided that it should be four hours for flights of 3,500 kilometres, or six hours for flights of more than 3,500 kilometres.
Red line. For the European Parliament, the three-hour deadline constitutes a “red line”. “If you go up to four, you rip off the rights of two-thirds of the passengers right now. For us, it’s a no go”, explained Jan-Christoph Oetjen (Renew Europe, German) at a press conference after the vote. In their draft, the MEPs recommend that distance should only be taken into account for the total amount of compensation that can be claimed, from €300 to €600.
MEPs are also proposing a defined list of exceptions to these rules, which would exempt airlines from paying compensation. These would include natural disasters, war, weather conditions or unforeseen labour disputes (excluding strikes by airline staff). This list is in line with relevant judgements of the European Court of Justice and would be updated by the European Commission by means of delegated acts.
Hand luggage and check-in fees. MEPs are also advocating the standardisation of hand luggage. They want the right to carry on board a personal item free of charge, such as a backpack or laptop, provided it can be stowed under the seat in front of you; this should be included in the ticket price.
The ticket also includes the right to take one small piece of hand luggage with a maximum dimension of 100 cm (length, width and height combined) and weighing no more than 7 kg.
Arash Saeidi (The Left, French) criticised some airlines for the way they operate, displaying tickets at a price of €20 that then rises to €100 once the luggage option is added. When faced with criticism that this could jeopardise the airlines’ business model, he retorted that an extra piece of hand luggage consumes very little extra fuel.
The TRAN Committee would also like to abolish check-in fees, both online and at the airport, fees for correcting spelling mistakes in passengers’ names and fees for allowing children under 14 to be seated next to their accompanying passenger. In addition, passengers should have the right to choose between a paper or digital boarding pass.
Negotiations with the EU Council will open on Wednesday 15 October.
“We will remain united until the end [because] the cement holding together our cohesion is the defence of citizens’ rights”, said Mr Saeidi.
Infringement proceedings against Spain. The rapporteurs also reacted to the opening of infringement proceedings by the European Commission against Spain on Wednesday 8 October for failure to bring its national legislation on air services into line with EU law.
The CJEU has ruled that hand luggage should in principle be free as long as it meets reasonable requirements in terms of weight and dimensions, and as long as it complies with the applicable safety requirements. If this is not the case, these items of luggage are subject to free pricing.
However, Spanish law does not allow airlines to charge extra for carrying hand luggage. Spain has also imposed sanctions on five airlines for their hand luggage policy (see EUROPE 13710/9).
The rapporteurs said they were “surprised” by the European Commission’s decision, particularly its timing. “We hope that this decision has not been taken to influence our position”, said Vicent Marzà Ibáñez (Greens/EFA, Spanish) at a press conference.
Read the MEPs’ draft guidelines: https://aeur.eu/f/ixn (Original version in French by Anne Damiani)