BRUSSELS — EU policymakers are racing to finalize a long-delayed overhaul of air passenger rights before a Monday deadline, but few are happy with the deal taking shape.
The original aim of the reform was to update consumer protection rules introduced in 2004 by finding a better balance between airline and passenger interests.
But years of wrangling between EU institutions, growing mistrust and competing industry interests are producing a compromise that’s being attacked by both airlines and consumer groups.
The reform revamps rules on carry-on baggage, family seating, compensation for delays and cancellations and other issues — all of which are largely agreed — leaving a big fight over how easily passengers can file claims for canceled or delayed flights.
“Our objective is to strengthen passenger rights while ensuring that the rules remain workable, legally sound, and sustainable for the aviation sector,” the Cypriot Council presidency said after an earlier round of talks.
There are a lot of clashing interests. Consumer groups want it to be as easy as possible for passengers to get cash, airlines are wary of measures that would increase payouts, and compensation-claim firms, which help passengers file claims against airlines, worry that reforms could drive them out of business.
Member countries are divided. Some, like France and Germany, favor measures that keep costs low for airlines, while others, like Spain, back pro-consumer elements. The European Parliament broadly supports stronger passenger protections.
Under the current system, many travelers are unaware of their right to compensation, while others struggle to navigate often-complex compensation procedures or challenge opaque airline explanations for refusing claims.
In a bid to make it easier for passengers to get compensation, an earlier plan would have required airlines to send a pre-filled form to them when flights are canceled or delayed by at least three hours. But that was then watered down to airlines sending passengers an email with a link to a form.
A moving target
The newest Council proposal, obtained by POLITICO, walks that back even more. Airlines would only have to provide “information on the passengers’ compensation rights and clear instructions on how to submit a request.”
The change is angering consumer rights campaigners.
The latest proposal “will regrettably not improve enforcement as only 38 percent of eligible passengers claim their compensation,” said Kristina Gírethová, aviation policy officer at the European Consumer Organisation, an NGO.
“We’re counting on the European Parliament to stand its ground for the final deal to deliver for passengers,” she added, before the Parliament confirmed the change.
Olivia Brown, policy officer at Euroconsumers, said: “We already know that claiming compensation is an uphill battle for consumers. Like with so many EU laws, the problem is not the regulation itself but the ability to enforce it in practice.”
Yet airlines are not celebrating, criticizing a reform they argue lacks a proper assessment of additional costs.
“We continue to believe that this patched-up approach of negotiating elements individually, without a view of the overall impact, is no way to reform EU law,” said Ourania Georgoutsakou, managing director of Airlines for Europe.
Carriers also wanted the threshold triggering compensation payments to be raised from the current three hours to five hours, reducing the number of flights eligible for compensation. However, they lost that battle after Parliament rejected the idea.
Compensation-claims agencies are also nervous.
The sector flourished under the current framework, which created demand for intermediaries by making compensation claims difficult and time-consuming. Critics pointed to the agencies’ growth as a sign of the flaws in the original system.
The latest Council proposal threatens that business model by requiring compensation payments to be paid directly to passengers. It would also allow airlines to request proof that a claims company has “a valid mandate to act” on behalf of a passenger.
APRA, a lobby group representing claims agencies such as AirHelp and Flightright, said these two measures “would force passengers to pay for representation upfront, making it a non-starter for most passengers.”
If the provisions pass, “there will no longer be any agencies or law firms managing claims, and airlines will be free to reject claims at will with zero consequence,” the group argued.
A parliamentary official confirmed on Thursday night that Parliament had accepted the Council’s latest position, except for the provision banning compensation payments to third parties, meaning the claim agencies. It is now up to ambassadors to decide whether they are willing to accept that change.
EU ambassadors are expected to discuss the text again on Friday as negotiators seek to reach a final agreement by Monday. Of there is no deal by then, EU rules mean the whole reform effort is scrapped.
This article has been updated with the Parliament’s response.