Upcoming EU Transport Council meeting

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?'