Passengers with disabilities need more rights, says the Transport Council

The Transport Council made it clear: EU legislation on air passenger rights needs to be revised, particularly to address the needs of people with disabilities. This was one of the key points highlighted during the latest Transport Council, just before the Christmas break.

The proposal from the European Commission

In 2013, the European Council proposed revising the air passenger rights regulation. The previous text was disadvantageous for both passengers and the industry, making it difficult to establish a better balance between the two parties.

For passengers, the system requires simplification, as they often find themselves searching across multiple websites for information. One of the main challenges they face is understanding the deadlines for filing compensation claims for delays or flight cancellations. This confusion creates significant uncertainty and issues, as missing the final deadline can result in additional costs.

Whereas for the industries, the situation is no better. The costs incurred by airlines due to Regulation (EC) No. 261/2004 have risen significantly, surpassing marketing and distribution expenses for low-cost carriers. The per-passenger cost in cases of disruptions is so high that it discourages airlines from operating severely delayed flights, as compensation costs add to operational expenses. Moreover, the compensation rights under the regulation are not always effective, with many airlines unable to recover costs for assistance and compensation stemming from third-party issues, such as air navigation service providers or airport operators. This results in higher ticket prices for passengers or, when price increases are unfeasible, reduced profitability and long-term connectivity. Additionally, gaps between EU legislation and ICAO principles create competitive imbalances and inconsistent treatment of passengers depending on the route and airline.

A simplification of the regulations and consistent enforcement is essential. The European Commission considers all aspects of the proposal important, emphasizing that without action, the current situation will continue to negatively affect the industry, passengers, and authorities. The Commission has expressed readiness to collaborate with the upcoming Presidency.

In general, member states agree on the need to update the legal framework to ensure legal certainty. They emphasize improving the protection of passenger rights, particularly for those with disabilities, and stress the importance of a clearer, simpler, and more uniform regulation. Transparency must be enhanced, particularly regarding when and how passengers can exercise their rights. Additionally, there is a strong call for clearer definitions of exceptional circumstances and better consumer protections in cases of airline bankruptcies.

According to Member States

The EU countries agree on the need to revise passenger rights regulations but differ on priorities and approaches. Ireland seeks to balance passenger rights and airline burdens, emphasizing a binding list of extraordinary circumstances, targeted assistance for delays, and full compensation for disabled passengers. Italy also supports stronger rights, calling for simpler rules, revised compensation mechanisms, and protections against airline bankruptcies, while addressing gaps in disability rights. Similarly, France wants a streamlined legal framework, clearer deadlines for compensation, and enhanced disability rights, also highlighting unfair competition among airlines.

Germany and Spain both stress legal clarity and uniform application across the EU. Germany emphasizes transparency and preparation for airline shutdowns, while Spain prioritizes addressing gaps in mobility rights, creating an airline guarantee fund, and simplifying rules to avoid additional administrative burdens. The Netherlands focuses on proportional, enforceable regulations, clearer rules for runway delays and cancellations, and a ticket guarantee fund.

Despite broad consensus on simplifying regulations and ensuring fairness, priorities diverge: some emphasize legal clarity (Germany, Spain, Netherlands), while others focus on disability rights (Ireland, Italy, France). Airline bankruptcy protection is key for Italy, Spain, and Netherlands, while Ireland stresses post-pandemic updates and France underscores curbing unfair competition.