The EU sides with airlines on charging for hand luggage and opens the way to reducing compensation for delays.

The EU Transport Council has positioned itself in favor of airlines charging for hand luggage, paving the way for airlines not to have to compensate passengers for serious delays until they have been delayed for between four and six hours . The proposal from the Polish Presidency of the European Council was approved this Thursday by the transport ministers of the 27 EU countries, although Spain , along with other countries such as Germany, Portugal, and Slovenia , opposed the reform. Austria and Estonia abstained, and the rest of the member states voted in favor.

"It's possible that not everyone will be completely satisfied, but that's what I call a good compromise, which is when no one is 100% happy. We're now going to start negotiations with the European Parliament," said Poland's Infrastructure Minister, Dariusz Klimczak , who holds the rotating presidency of the Council this semester.

The Polish presidency of the European Council has thus taken the first step toward advancing a reform that has been lingering in Europe for twelve years, ever since the European Commission first proposed raising the compensation thresholds in 2013. However, the agreement reached this Thursday is considerably more flexible than the original one discussed today and would increase the threshold from the current three hours to between four and six hours, depending on the flight distance. The previous proposal sought to raise this threshold to five hours for short-haul flights and to 12 hours for long-haul flights.

According to the Polish presidency after the vote, if the proposal is accepted by the European Parliament, compensation will be paid with 300 euros for delays of more than four hours on trips of less than 3,500 kilometers and within the EU; and 500 euros for flights of more than 3,500 kilometers when the delay exceeds six hours.

Under current regulations (EU261), passengers are entitled to compensation after a delay of three hours or more , and the amount varies depending on the distance to the destination: after a delay of 180 minutes or more, passengers can receive €250 if the destination is less than 1,500 kilometers away; €400 for all intra-EU flights of more than 1,500 kilometers and for all flights between 1,500 and 3,500 kilometers; and €600 for flights exceeding 3,500 kilometers.

Beyond the increased compensation threshold, the proposed update to passenger rights approved today represents a severe blow to the Spanish Department of Consumer Affairs in its dispute with low-cost airlines, which it has fined €179 million. The text, which will be submitted to the European Parliament, supports airlines in practices denounced by the Ministry of Social Rights, such as charging for carry-on luggage or for the seat next to a person with reduced mobility.

Regarding the charge for carry-on luggage, the Consumer Affairs Ministry denounces that the proposal effectively legalizes it because it creates a new type of carry-on baggage, which fits under the seat, i.e., the type currently allowed on board by airlines. "If they want to change this issue, it's because, up until now, charging for carry-on luggage that was previously allowed in the cabin has been prohibited," denounce sources from Pablo Bustinduy's ministry.

The Consumer Affairs Ministry also points out that the proposal "legitimizes" charging for changes to personal information on tickets within 48 hours of a flight, as well as the practice of "no shows," which allows airlines to deny boarding on the return flight if the passenger does not show up for the outbound flight. The new reform, however, establishes the right to compensation for consumers when this situation occurs.

Thus, the Polish presidency of the European Council maintains that the reform adopted today "will bring more than 30 new rights to air passengers, applicable from the moment they purchase a ticket until their arrival at their destination, and in some cases even beyond," Klimczak noted.

The new text, for example, would require airlines to offer passengers a rerouting as soon as possible in the event of a diverted flight, "including the possibility of being rerouted via flights operated by other carriers or alternative modes of transport where appropriate." Furthermore, if an airline fails to provide an appropriate rerouting within three hours of the disruption, passengers would have the right to arrange their own rerouting and claim a refund of up to 400% of the original ticket cost.