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DRAFT REPORT (COM(2023)0753 – C090434/2023 – 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

TRAN-PR-768111

Committee on Transport and Tourism · Rapporteur: Matteo Ricci

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The rapporteur's draft report sets out Parliament's position on a Commission proposal to amend five EU passenger rights regulations on enforcement. It strengthens national enforcement bodies, clarifies reimbursement through intermediaries, and adds rights for passengers with disabilities and reduced mobility. It defines extraordinary circumstances and cancellation, requires automatic compensation where carriers cannot prove extraordinary circumstances, and sets a common EU claim form sent automatically after disruption. It gives passengers a free hand luggage right of 55x40x20cm and 7 kilos, free seating for infants and children under 12, and full compensation for lost or damaged mobility equipment and assistance dogs. It makes intermediaries liable for reimbursements free of charge, requires complaint handling within set deadlines, and lets the Commission inspect national enforcement bodies.

Committee position. The rapporteur proposes to amend the Commission proposal to strengthen passenger rights, harmonise rules across transport modes and member states, and enhance enforcement. He backs automatic compensation, clear definitions of extraordinary circumstances and cancellation, intermediary liability, and stronger national enforcement bodies.

Key points

  1. National enforcement bodies must be independent of carriers, airport managing bodies and intermediaries, and must monitor compliance through audits, inspections and unannounced checks.
  2. Carriers, airport managing bodies and intermediaries must give enforcement bodies documents and information within one month of a request, and may face penalties for non-compliance.
  3. Extraordinary circumstances are limited to an exhaustive list in Annex IIa; where a carrier cannot prove them in writing, compensation is paid automatically for cancellation and long delays.
  4. Cancellation includes flights that took off but landed elsewhere, returned to departure, transferred passengers to other flights, or departed more than an hour early.
  5. Where a ticket is bought through an intermediary, the carrier reimburses the intermediary within seven days and the intermediary reimburses the passenger the full ticket cost plus intermediation fees within a further seven days, free of charge.
  6. Intermediaries are liable for processing reimbursements and face penalties set by member states; they must give passengers money transfer references and inform them of the reimbursement process at booking.
  7. Air carriers and intermediaries must run complaint-handling mechanisms, confirm receipt within 7 working days and give a reasoned answer within two months, or be deemed to accept the passenger's claims.
  8. Passengers may complain to a national enforcement body within three months of a rejection or of no reply, and alternative dispute resolution participation by carriers and intermediaries is mandatory and binding.
  9. A common EU form for compensation and reimbursement requests is established, sent automatically after denied boarding, cancellation or long delay, and passengers may also submit requests by other means in the booking language.
  10. Air carriers must provide full compensation for loss or damage to mobility equipment, assistive devices and recognised assistance dogs, and must carry accompanying persons and assistance dogs free of charge.
  11. Infants under 24 months and children under 12 are a special category of passengers and must be seated with or next to the accompanying passenger free of charge.
  12. Passengers have the right to hand luggage of at least 55x40x20cm and 7 kilos without a supplement, and carriers must display rights notices at check-in, online and at boarding gates in accessible formats.

Who is affected

  • Air carriers, airport managing bodies and intermediaries must meet monitoring, information, complaint-handling and reimbursement duties.
  • Passengers gain automatic compensation, a free hand luggage right, free child seating and faster complaint replies.
  • Persons with disabilities and reduced mobility gain full compensation for mobility equipment and assistance dogs and free accompanying-person travel.
  • National enforcement bodies gain independence, information powers, penalty powers and Commission inspections.
  • Member states must designate enforcement bodies, set penalty rules and report annually to the Commission.

Figures and deadlines

  • Hand luggage minimum 55x40x20cm and 7 kilos, carried without supplement.
  • Reimbursement: carrier pays intermediary within seven days; intermediary pays passenger within a further seven days.
  • Complaint receipt confirmed within 7 working days; reasoned answer within two months.
  • Complaints to carriers or intermediaries within three months of the flight date.
  • Contact details deleted within 72 hours after the contract of carriage ends.
  • Carriers must report extraordinary circumstances and technical issues within 48 hours following travel disruption.
  • Service quality reports published by 2 years after the Regulation becomes applicable, and every two years thereafter.
  • Infants under 24 months and children under 12 seated with or next to the accompanying passenger free of charge.

Legal basis: Article 294(2), Article 91(1) and Article 100(2) of the Treaty on the Functioning of the European Union.