Council adopts general approach to Passenger Mobility Package

9 December 2024: Last week the European Council adopted its negotiating position (general approach) on two Commission proposals on passenger rights – specifically enforcement and multimodal – which form part of the Passenger Mobility Package.

The main changes to the original European Commission proposal on enforcement (COM(2023) 753) can be summarised as follows:

1. A definition of a ‘recognised assistance dog’ has been added: “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist”.
2. In the case of a common form for reimbursement and compensation, the compromise proposes to clarify and simplify the procedure for submission of reimbursement and compensation requests. The language regime for the submission of forms has been simplified in order to reduce administrative burden on the carriers and intermediaries on one hand, and to facilitate the procedure for the passengers on the other hand.
3. Provisions related to service quality standards have been deleted.
4. The processing of personal data has been clarified in order to fulfil the legal requirements: carriers may keep passenger’s personal data for more than 72 hours after the completion of the contract of carriage to fulfil their EU261 obligations [see article 14a 3]
5. The reimbursement of the full cost of the ticket booked through an intermediary has been clarified to better reflect the case law, notably as regards the intermediation fees [see CJEU C-601/17 – Harms à air carriers to reimburse intermediation fees, unless that commission was set without the knowledge of the air carrier]
6. In order to facilitate the monitoring by the NEBs of the intermediaries’ compliance with the obligations pursuant to Regulation 261/2004, third country intermediaries will have an obligation to designate a legal representative.
7. PRMs’ accompanying person exempted from paying the air fare but will have to cover the costs of taxes and charges.
8. Technical adjustments were introduced as regards the Committee procedure for the adoption of implementing acts.

The main changes to the original European Commission proposal on multimodal passenger rights’ (COM(2023) 752) can be summarised as follows:

1. Only single multimodal tickets and combined multimodal tickets are included in the scope (separate multimodal tickets have been excluded given the impossibility for the operators to know that they have obligations in case of separate purchase)
2. The concept of single multimodal ticket has been clarified to specify that the carriers operating successive transport services that form the multimodal journey should conclude between them an agreement to offer those transport services as part of such a multimodal journey.
3. Strengthen of PRM’ rights: an obligation has been introduced for carriers and terminal managers to establish quality standards as regards information and access requirements, and to monitor their performance.
4. To avoid excessive administrative burden for NEBs and to preserve their independence, provisions on a risk- based approach to the monitoring of compliance and on cooperation between Member States and the Commission have been deleted.

The official documents are attached at the top of this page.

26 November 2024: Transport Ministers will meet in Brussels on 5 December for the EU Transport Council meeting. Agenda items include:

• General approach to the Regulation on passenger rights in multimodal journeys (as part of the Passenger Mobility Package).
• General approach to the Regulation on the enforcement of passenger rights (as part of the Passenger Mobility Package).
• Policy debate on the Regulation on air passenger rights.

In preparation for the meeting, the Hungarian Presidency has recently published a background paper and questions on air passenger rights ahead of the policy debate (see document in downloads section at the top right of this page). The piece of legislation at the heart of the debate will be the revision of Regulation 261/2004, which was proposed by the Commission in March 2013 but which came to a standstill in Council negotiations in 2020 due to the pandemic. The background paper refers to the Study on the current level of protection of air passenger rights in the EU, commissioned by the Commission and published in 2020. It highlights several shortcomings in the application and enforcement of the Regulation.

 Passenger challenges:

• The Regulation is complex and difficult for passengers to understand or navigate.
• Legal gaps, such as the absence of compensation deadlines, hinder passengers' ability to assert their rights.
• Overlapping frameworks (e.g., with the Package Travel Directive) and complex redress systems add confusion and costs.
• Claim agency practices, highlighted as problematic, further complicate redress. 
• Passengers with disabilities face inadequate protections, particularly for lost or damaged mobility equipment, with compensation capped at €1,400 under current rules.

 Regulatory and enforcement gaps:

• Inconsistent complaint handling and enforcement powers across Member States lead to unequal treatment of passengers and distortions in airline competition. 
• Ambiguous terms (e.g., 'extraordinary circumstances' or 'comparable transport conditions') cause varying interpretations, affecting enforcement consistency. 
• National Enforcement Bodies (NEBs) are often overwhelmed by complaints, delaying resolution. 

 Industry concerns:

• Rising costs under the Regulation, especially for low-cost carriers, can discourage airlines from operating severely delayed flights.
• Airlines struggle to recover costs caused by third-party disruptions (e.g., airports or service providers), impacting profitability and connectivity.
• Competitive distortions arise due to differing passenger rights frameworks in non-EU countries, creating unequal standards and treatment.

In light of these issues, the Presidency poses the following questions to Ministers ahead of the Transport Council debate:

• 'Do you agree on the need to simplify the air passenger rights legal framework to ensure the uniform protection of air passengers through unambiguous legislation?'
• 'What are the most important issues in the air passenger rights rules that would need to be addressed?'