Spain also opposes the flight delay time that entitles compensation
The transport ministers of the European Union reached a political agreement on Thursday to reform regulations on passenger rights that will limit personal items that can be placed under the seat, such as backpacks, bags, or laptop bags: an agreement that faced qualified majority and votes against from Spain, Germany, Slovenia, and Portugal.
At this point, Spain argued during the negotiations that the definition of «personal items» that a passenger should be able to take on the plane without charge was insufficient, as it opened the door for airlines to charge for items not covered in this formulation, i.e., packages that fit in the cabin but not under the seat.
Meanwhile, European sources argue that it is up to airlines to determine if it is possible to carry a small suitcase into the cabin at no extra cost and that this cannot be limited in these regulations because it falls outside the scope of this legislation.
Other sources pointed out in recent weeks of negotiations that the differences in aircraft capacity in each company make it difficult to establish measures and other characteristics in any case, and that, in any case, it is the international aviation security organizations that should first present guidelines in this regard.
The agreement reached will also set 3 to 4 and 6 hours depending on the flight distance: the minimum delay time that entitles the passenger to claim compensation.
Thus, governments eliminate the right to compensation after 3 hours of delay, which was established by the Court of Justice of the EU (CJEU) with compensation ranging from 250 to 600 euros.
The thresholds of the new regulation will recognize the right to claim 300 euros if the delay is at least 4 hours on flights of up to 3,500 kilometers and 500 euros only when the delay exceeds 6 hours waiting that exceeds this distance.
In the final hours, in an attempt to garner support among the most reluctant, the possibility of claiming from 3 hours in the proposal was introduced if the delay affected a flight with the first leg and was returned within a period of less than 24 hours, but it generated the rejection of delegations that initially supported the reform, so it was withdrawn from the final commitment to recover their votes.
The European Consumer Organization BEUC criticized this change in a statement warning that the majority of delays suffered by air passengers are «between 2 and 4 hours,» so they will be outside the scope of the regulation if they advance in these terms.
BEUC’s Director General, Agustín Reyna, said that despite the improvements «on paper,» such as better access to information in case of cancellation or delay, the reform is a «setback» in other «key» rights.
In exchange, the compromise text that will form the basis for negotiations with the European Parliament for the final form of the regulation also introduces the obligation for airlines to allow a form that allows affected passengers to automatically process their compensation in case of cancellation.
Proper relocation
Another novelty is that if an airline has not provided proper relocation to a passenger within three hours, the passenger can arrange their own relocation and claim a refund of up to 400% of the original ticket cost.
Passengers can also fend for themselves and then claim reimbursement for drinks and food they are entitled to in case of delay or cancellation.
And they will be entitled to compensation if the cancellation of a flight is notified less than 14 days in advance or if the return flight is canceled because they did not use the first leg.
«Thanks for the debate and for the flexibility, it is a great step towards a much-needed reform to improve the rights of EU passengers. It is possible that not everyone is fully satisfied, but I call it a good compromise, which is when no one remains 100% content. Now we will begin negotiations with the European Parliament,» said Poland’s Minister, Dariusz Klimczk, the President of the Council.
A «setback»
The agreement was presented despite the votes expressed against by representatives of Spain, Germany, Portugal, and Slovenia, who warned that this decision is a «setback» in the acquired rights of European passengers.
In addition, Austria and Estonia abstained, not happy with the final result, but not wanting to be an obstacle to the agreement.
«We cannot support this proposal,» said the Secretary of State for Transport, José Antonio Santano, who acknowledged «progress,» but insisted that worsening the thresholds for delay compensation was a «red line» for Spain and the result «clearly worsens the position of passengers.»
Other elements
Another element of the revision supported by the 27, still pending negotiation with the European Parliament, concerns the technical circumstances that companies can claim exempt them from compensating a passenger who experiences the cancellation of their flight.
In this case as well, the final text worries Spain, whose Secretary of State called for a «legally precise wording that avoids unjustified exemptions and ensures that technical reasons are not used in a generalized way to avoid the duty to compensate.»
A decade-long reform
During the debate, both the presidency and the Transport Commissioner, Apòstols Tzitzikótas, emphasized the need to seize the «momentum» given in recent weeks to test the agreement as an opportunity to cover many of the gaps that exist in the current regulation that both airlines and consumers consider outdated.
The reform has been pending since the European Commission presented its proposal in 2013, so the Commissioner has been willing to show a certain «flexibility» to support the proposal on the table, although he considers that its development does not meet all the expectations of Brussels and its request could be complicated.
The European Parliament has also established its position for more than a decade.
In fact, the margin for negotiation has been one of the most evoked arguments by supporters of the agreement to urge the most reluctant to move forward and defend their conditions in the next phase.
With the general approach adopted by the twenty-seven, the text will be transferred to the European Parliament, which can approve it in the first reading, reject it, or modify it, so there will be room for negotiation between governments and MEPs for possible amendments.
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