Proposals to allow charging air passengers for carry-on cabin baggage and only permit compensation for longer delays to flights are set to be wrangled by EU countries’ ambassadors meeting on Wednesday, according to two sources familiar with the issue.
The proposals are part of a wider project to reform EU air passenger rights on the negotiating set to be negotiated by member states on Wednesday before presentation to a meeting of the 27 transport ministers on Thursday.
The draft proposes creating a new free hand luggage item, one that can be slipped under the seat, leaving other stowed cabin bags exposed to charges. The outcome of this cabin baggage tax is sensitive, and its adoption is far from certain, sources said. The debate heated up last month after European Consumers’ Organisation (BEUC) lodged a complaint.
In all, 16 consumer protection associations from 12 Member States are accusing seven low-cost airlines of charging passengers undue fees for their hand luggage.
“The European Court of Justice has made it very clear that hand baggage is an integral part of the basic ticket price. Normally, there is no surcharge on the price as long as the hand luggage is of a reasonable size,” said Steven Berger, a lawyer with the European Consumers’ Organisation (BEUC).
“All we’re seeing is a proliferation of airlines charging for this baggage (…) we’re calling for very clear rules. Passengers must be able to take one piece of luggage, a small suitcase or a rucksack,” he added.
European airlines have a different interpretation of the case law. Kevin Hiney, Communications Director of A4E (Airlines for Europe), pointed out that “under European law and the single market, airlines have the right to unbundle their services in order to offer the best possible package to passengers”.
For the organisation, which represents 17 airlines in Europe and 80% of European air traffic, the proposal on the table merely seeks to harmonise different approaches between companies on this cabin baggage.
“I think it’s important to stress that what the current proposal from the Poles (the rotating Presidency of the Council of the EU) is doing is setting the dimensions of these personal items to ensure clarity and transparency for all passengers, as well as for the airlines,” said Kevin Hiney.
In this political battle, consumers should be able to count on Spain to make their voice heard. Last November, Madrid condemned five airlines for abusive practices. The €179 million fine concerns, among other things, these extra charges on hand luggage.
Less compensation for delays?
A proposal to revise the 2004 European regulations on compensation for delays also set to be discussed by ambassadors on Wednesday is also causing concern among civil society, carriers and governments. Passenger groups and airlines both want to see the rules revised, but in different ways.
A European Commission proposal presented in 2013 envisaged extending the time limit required to trigger compensation to 5 hours of delay. The text presented to the member states by the Polish Presidency now moves in this same direction, proposing to extend the time limit for claiming primary compensation to 4 hours, with a second step from 6 hours depending on the distance of the journey.
At present, compensation of between €250 and €600 euros can be claimed for delays of 3 hours or more. The European directive applies to all flights departing from an EU airport, regardless of the nationality of the airline, and to flights arriving at EU airports if they are operated by an EU airline. It does not apply to flights to Europe operated by non-EU airlines, or to non-EU flights with a stopover in Europe.
For A4E, the proposal is a step in the right direction. “We believe that the compensation thresholds should be extended to allow us to have a chance of recovering flight schedules when things go wrong,” explains Kevin Hiney.
“In the event of a mechanical problem, airlines have to find a replacement aircraft or crew, which takes time,” he pointed out. “By adjusting the thresholds for compensation for delays, we will have a fighting chance to make these changes, to put in place the new aircraft and crew,” said Kevin Hiney.
According to BEUC, the proposed reform would deprive a very large number of passengers of compensation. “If the text is voted on as it stands between the member states, before negotiations with the Parliament, we will be sending out a very bad signal to European consumers by going back on rights that are really fundamental when travelling,” says Steven Berger.
However, the outcome of the negotiations is uncertain. “At the moment, there are two different opposing positions among the member states in the Council. On the whole, you have the camp of the member states that are going to defend the three hours to be able to benefit from the right to compensation and others that are going to ask for five hours and nine hours based on distance. So right now this is really the big source of conflict,” said Steven Berger.
Just ten or so countries would constitute a blocking minority within the EU Council. Before the ambassadors’ meeting, Germany and Spain seemed to be opposed to any change in the compensation rules. However, it is the entire revision that must be validated or rejected. In other words, opposing changes to the compensation rules will bring down the whole reform.
Read the full article here
