A behind-the-scenes struggle over the future of the European Union’s EU261 and its rules on passenger rights and compensation is coming to a head in the next few days in negotiations between the European Parliament and the European Council, with a June 15th deadline.
Under current rules, in effect since 2004, passengers enjoy a number of rights and protections, including compensation of several hundred Euros for extensive delays and cancelations and coverage of expenses that result. Some of the rights are explicit in the original rule; others have been added through court rulings over the years. Airlines have long argued for reducing the amounts of compensation and for extending the amount of delay before compensation becomes due.
A comprehensive series of changes was proposed in 2013, but never enacted; those changes are now the issue.
On the one hand, the Council, which represents the governments of the EU member states, has agreed to changing delay time to four hours rather than three for shorter flights and six hours for longer ones, as well as reducing some compensation. It also would allow the airlines to duck compensation if the delay was caused by technical issues, which up to now have been considered the airline’s responsibility.
The Parliament, which is directly elected by voters across the union, is holding out for no changes in those rules, but asking also to require allowing a free carry-on. It has also, so far, not agreed to the change on technical issues.
A number of changes are less controversial, including automatic payment of compensation and refunds without passengers needing to apply.
If agreement is not reached by the deadline, the existing rules will continue in effect, at least for this time around.
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