Latest update 17 March 2020
Overview
Please see the download section on the top right hand corner of this page to read the overview of this section and scroll down the page to read the latest updates on ERA's activities and position.
Update
Latest update 17/03/2020: Continuing the work that has started under the Croatian presidency, the Aviation Working Party has discussed a new text on APR legislation at Council level on 12 March (please see the text in Downloads section). Based on the new proposal, list of extraordinary circumstances includes external labor disputes, trigger points and compensations would be amended and no exemption from compensation would be given for delays and cancellations of flights to/from small airports or in outermost regions and PSO routes. The industry noted that this is a threat to connectivity and the only other way to address it is to have a calculation of the compensation for delay on a flight basis. Imposing the burden of compensations on a journey basis will be unbearable to regional carriers (inter alia) who risk going bust (as we have witnessed only recently) or choose to stop interlining. Either way, connectivity will suffer. Attaches were also reminded that the interlining rules in cases of missed connections guarantee that the passenger is rerouted and taken care. This could be enshrined in a revised regulation.
19/02/2020: The proposal of the Croatian presidency of the Council of the European Union amending the Commission’s proposal from 2013 redefines the ‘feeder flight’, proposes new redirection time threshold and increased time threshold for compensation delay time. In case of cancellations, passengers would have the right to receive compensation by the operating air carrier unless:
- Rerouting is offered to the final destination with a delay at arrival indicated in their reservation of no more than:
- five hours for journeys of 1,500 kilometres or less;
- nine hours for journeys between 1500 and 3500 kilometres or less, as well as for intra-EU journeys over 3500 kilometres;
- twelve hours for extra-EU journeys of 3500 kilometres or more.
- The cancellation is caused by extraordinary circumstances or unexpected safety shortcomings and cancellation could not have been avoided if the air carrier had taken all reasonable measures.
- The cancellation occurs on the connecting flight operated entirely outside the EU.
- The cancelled flight arrives/departs from an airport:
- with average passenger traffic less than 1 million per year, or
- situated in an outermost region of the EU, or
- served on the basis of public services obligation as prescribed by Article 16 of Regulation EC 1008/2008.
In case of delayed flights, passengers would be entitled to compensation unless they reach their destination indicated in their reservation after five hours for journeys of 1500 kilometres or less (up from three hours). In terms of connecting flights the term ‘feeder flight’ is replaced with the term ‘previous’ and compensation thresholds for transfer times and different length of flights is removed from the text.
05/02/2020: Following the release of the study ordered by the European Commission and conducted by the consultancy Steer on the current level of protection of air passenger rights in the EU, results of the work were shared with stakeholders during a closing conference held in Brussels on 30 January. The Commission stressed that the aim of this ‘fact-finding study’ was to support the intra-institutional discussion of the European Parliament and the Council that are now the main players in deciding the next move regarding EU261. It was stated that the Commission’s proposal from 2013 that would amend the current regulation is still fit for purpose and as passenger rights (‘one of the flagship policies of the EU’) will be still high on the political agenda, the Croatian presidency is starting the discussions at Council level with the ambitious aim for the 15 June Transport Council to adopt a 'General Approach'. It will be on that basis that the Council and the European Parliament (who adopted its first reading in February 2014) will need to find a compromise.
22/11/2019: To support the concerns of its members, ERA published a study last month highlighting the impact of EU261 and the negative impact on aviation safety. As a result, the study revealed a worrying erosion of the safety defenses embedded in SOPs (Standard Operating Procedures), aircraft system integrity and measures implemented to mitigate the human factor.
The European Commission is currently re-evaluating its recommendations in respect to Regulation EU261 relating to Air Passenger Compensation with an analysis by Steer.
Last week, ERA held a meeting with senior European Unions Aviation Safety Agency (EASA) representatives to discuss the regulation and other safety-related matters of concern to its members. It was interesting to learn from EASA that they would support recommendations five and six of ERA’s study:
5) There should be a complete exoneration if delays or cancellations arise for any safety related reason (in line with the recently-approved Canadian regulation)
6) To allow the airline enough time to perform all the necessary operational checks, the time threshold should be extended from three to five hours.
With the concerns outlined above, ERA fully appreciates there is a sensitivity issue in terms of aviation safety. It is striking that Steer carried out hundreds of interviews but did not consult with EASA. ERA has therefore recommended that the European Commission engages in written consultation with EASA before publishing any recommendations on the revision of the regulation.
14/10/2019: ERA has published a study highlighting the particular impact of EU261 on its airline members and the negative impact on aviation safety. The study has been published to compliment the current review being conducted on behalf on the EU, as this does not recognise regional carriers and therefore will not provide a proper, full evaluation. The study is available to download from the top right-hand side of this page.
Contact
For further assistance please contact policy.technical@eraa.org
ERA’s Position
ERA and its member airlines support the protection of consumers. However, the rights of consumers must strike a fair balance between protecting passengers and not unduly burden airlines and passengers with excessive regulation or costs. All players within the aviation supply chain must be liable for their actions or misconduct affecting the rights of passengers.
The airline market within Europe is de-regulated and fiercely competitive. This has resulted in more routes being developed, innovative products and technologies, lower prices and greater choices for consumers.
ERA strongly opposes the imposition of any regulation which would reduce the ability of consumers to choose different products, services and prices for air travel.
Additional regulation to control a free market would reduce and limit consumer choice, stifle innovation and increase the cost of air travel. Additional regulation will also lead to a further discrimination of air transport compared to other modes of transport. Instead, common passenger rights should be established covering the basic rights on all modes of transport.
Update
01/05/2019: Airline representatives were invited to attend a half-day session in Brussels on 18 April, held at IATA premises, as part of the fact-finding study on air passenger rights (APR) conducted by Steer on behalf of the European Commission.
As well as airline associations (IATA, AIRE and ERA), several airline representatives (Air France/KLM, airBaltic, LOT, Lufthansa Group, Air Canada, Etihad) participated in the meeting that was initiated by the consultant with the aim of gathering specific examples and gain more understanding about the current situation on APR (regulated by EU 261/2004). At the beginning of the working session, delegates from Steer informed delegates about the current status of the ongoing study and thanked everyone for their active contribution in the stakeholder consultation, including ERA and its member airlines. The discussion was grouped around the following agenda topics: monitoring and enforcement, ADR, claim agencies, experience with airports and ground handlers and PRM issues. Steer was particularly interested to discuss examples of different approaches to enforcement, different interpretations of the regulation/application of CJEU case law, different assessment of extraordinary circumstances, imposition of sanctions etc. that all contribute to a fragmented enforcement of APR. Understanding the situation in member states with a combined NEB/ADR that can address individuals’ claims working for airlines, compared to other member states that have multiple separate bodies to deal with, was also brought to the table. Further questions aimed at reviewing/assessing how extraordinary circumstances vary by NEB and what difficulties this involves. Representatives also exchanged views on how the interaction with claim agencies works in practice, varying depending on size, approach or on the different jurisdictions. The last agenda topic was dedicated to care and assistance provision with a special focus on PRMs (also in light of the Commission’s planned revision of the PRM interpretative guidelines).