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Saturday, Jun 07, 2025

EU Transport Ministers Approve Controversial Proposal Affecting Airline Passengers' Rights

The new regulations may allow airlines to charge for cabin luggage and adjust compensation rules for flight delays.
Transport ministers from the European Union have approved a proposal to reform the Air Passenger Rights Regulation.

This proposal potentially allows airlines to charge for cabin baggage deemed of 'reasonable size,' while passengers will still be permitted to carry one personal item for free underneath the seat in front of them.

The proposal, however, is not final as it now requires negotiation with the European Parliament, which will need a majority vote from at least 361 Members of the European Parliament.

Additionally, the proposal introduces new rights for persons with disabilities or reduced mobility, and it requires airlines to provide an automatic form for passengers to submit complaints.

It also seeks to extend the delay threshold for flight compensation claims from three to four hours.

Countries including Spain, Portugal, Germany, and Slovenia have opposed the proposal to increase the delay threshold, arguing that it represents a regression in passenger rights.

Austria and Estonia chose to abstain from the vote.

Confusion exists regarding the conditions under which airlines may charge for hand luggage.

Spain imposed fines amounting to 179 million euros on various airlines such as Ryanair, Vueling, and Volotea for this reason, although those fines were contested.

The agreement states that passengers should be allowed to bring personal items without additional cost as long as those items comply with safety requirements and adhere to reasonable weight and size limits.

According to the draft proposal, a personal item is defined as an unregistered piece of baggage that meets safety standards and has maximum dimensions of 40x30x15 cm, as long as it can be placed under the front seat.

However, sources suggest that hand baggage is regarded differently, and airlines could be allowed to impose fees.

Airlines must inform passengers at the time of booking about maximum dimensions and weight for cabin baggage in a clear and accessible format.

The regulations require airlines to establish reasonable policies regarding cabin baggage dimensions that comply with applicable safety standards.

Consumer advocacy groups have raised alarms about potential 'imbalance between obligations and rights' inherent in the proposal.

They argue that the measure poses no cost to airlines regarding this cabin baggage and that liability differs from checked baggage.

They contend that diminishing compensation rights contradict established jurisprudence set by the Court of Justice of the European Union on September 18, 2024.

Spanish government officials, including Secretary of State for Transport and Sustainable Mobility José Antonio Santano, have voiced strong opposition to the proposed changes.

Santano described raising the delay threshold as a 'red line' for Spain, indicating that it significantly worsens conditions for travelers in the country.

Concerns were also expressed regarding the vagueness of terms such as 'technical problems,' which could exempt airlines from compensating passengers.

Javier Gándara, president of the Association of Airlines, welcomed the proposal, citing clarity over hand luggage dimensions applicable to all airlines throughout Europe.

He suggested that the plan establishes a single regulatory framework across the EU, which would eliminate the current uncertainty surrounding hand luggage regulations.

Germany also opposed the proposal, arguing it reduces consumer protection levels and expects improvements during the negotiations with the European Parliament.

Portugal similarly deemed the increase in compensation delay hours as unacceptable due to its peripheral status within the EU.

Under the new proposal, passengers with flights over 3,500 kilometers that are delayed by four hours could claim 300 euros in compensation.

If the delay extends to six hours, the compensation rises to 500 euros.

Current regulations stipulate compensation for delays of three or more hours, with different amounts based on flight distance.

For example, a delay of three hours for a flight of 1,500 kilometers entitles passengers to 250 euros, while a delay over 3,500 kilometers could yield up to 600 euros.

The rotating presidency of the Council of the European Union, currently held by Poland, described the agreement as 'historic,' despite it being a compromise from Poland's initial proposal to extend the compensation threshold from three to five hours.

Airlines assert that the stringent compensation policies sometimes force them to cancel flights rather than pay compensation for delays.

In contrast, nations supporting the retention of the three-hour limit argue that the airline industry's competitiveness argument lacks substantial evidence.

The European Commissioner for Transport, Apostolos Tzitzikostas, urged Member States to find a balance between passenger rights protection and reasonable impacts on carriers, emphasizing the necessity of reaching an agreement.

The European Consumer Organization (BEUC) has indicated that EU countries attempt to 'reverse key rights for air passengers,' asserting that most delays occur between two and four hours.

They called on Members of the European Parliament to firmly defend fundamental rights.
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