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OPINION (COM(2023)0753 – C90434/2023 – 2023/0437(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union

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Committee on the Internal Market and Consumer Protection · Rapporteur: Cynthia Ní Mhurchú

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The Committee on the Internal Market and Consumer Protection gives its opinion on the Commission proposal to amend five EU passenger rights regulations to improve enforcement. It proposes amendments to strengthen national enforcement bodies, complaint handling, accessibility for persons with disabilities and reduced mobility, and rules on reimbursement and vouchers. The amendments introduce a definition of 'recognised assistance dog', require carriers to provide assistance and information, set common rules on vouchers, and establish a common reimbursement and compensation form. They also set minimum service quality standards and penalties of at least 4% of annual turnover.

Committee position. The committee supports the Commission proposal and proposes amendments to strengthen enforcement, accessibility, complaint handling, and penalties. It urges swift adoption.

Key points

  1. The committee welcomes the Commission proposal to harmonise the role of national enforcement bodies (NEBs), empower them to act effectively, and strengthen mechanisms for cross-border complaints.
  2. It proposes minimum standards for NEB resources, modern technologies to monitor compliance, and harmonised penalties for infringements.
  3. It emphasises the rights of persons with disabilities and persons with reduced mobility (PRMs), requiring cross-border collaboration and accessible communication standards.
  4. It calls for consistent information-sharing between carriers, intermediaries and NEBs, and a standardised complaint form available in all official EU languages.
  5. It proposes financial and technical assistance for small and medium-sized enterprises (SMEs) to meet their obligations under passenger rights legislation.
  6. It suggests regular assessment of NEB performance, clear benchmarks for enforcement, and proportionate penalties calibrated to deter non-compliance.
  7. It amends recitals to add provisions on equal access to transport for persons with disabilities, clear standards for assistance, accessible digital tools, and fair treatment during delays, cancellations and boarding.
  8. It introduces a definition of 'recognised assistance dog' and rules that such dogs retain their status throughout the journey without additional verification at transfer points.
  9. It adds common rules on vouchers, aligning validity and transferability with a future directive on Package Travel.
  10. It requires carriers and intermediaries to inform passengers of their rights and provide a common reimbursement and compensation form, including in the language of the booking.
  11. It sets minimum service quality standards for carriers and deletes requirements for monitoring and publishing reports.
  12. It requires Member States to set penalties of at least 4% of the trader's annual turnover for infringements.

Who is affected

  • National enforcement bodies (NEBs) in Member States: gain minimum investigation and enforcement powers, must cooperate on cross-border cases, and receive sufficient resources.
  • Air carriers, rail, bus and coach, and waterborne carriers: must provide assistance, information, and comply with service quality standards and reimbursement rules.
  • Intermediaries (ticket vendors, travel agents, tour operators): must inform passengers about costs, provide contact details, and process reimbursements.
  • Persons with disabilities and persons with reduced mobility (PRMs): gain rights to assistance, accessible information, and compensation for lost or damaged mobility equipment.
  • Small and medium-sized enterprises (SMEs): may receive financial and technical assistance to meet obligations.

Figures and deadlines

  • Reimbursement deadline extended to a maximum of 14 days when processed through an intermediary.
  • Air carrier must transfer reimbursement to intermediary within seven days; intermediary to passenger within a further seven days.
  • Contact details must be deleted within 72 hours after completion of the contract of carriage.
  • Pre-notification for assistance reduced to at least 24 hours before departure.
  • Penalties: maximum fines at least 4% of the trader's annual turnover in the Member State(s) concerned.
  • Carriers must provide documents to national enforcement bodies within one month of request.
  • National enforcement bodies must report findings to the Commission within four months of request.
  • Compensation for loss or damage to mobility equipment or assistance dogs must be provided within 14 days of claim.