John G. Fragrance / EPA
ANAC warns that there is no compensation or assistance under European rules on air transport.
The National Civil Aviation Authority (ANAC) said this Thursday that the passengers who miss flights due to long waiting times in border controls are not entitled to compensation or assistance under European rules on air transport.
In written responses to Lusa, after nationals, ANAC highlighted that “border control at national airports is not a competence” of the regulatoradding that “this responsibility lies with the competent authorities in matters of border control, in particular the Public Security Police (PSP), which ensures the execution of control and documentary verification procedures at airport border posts”.
Asked who is responsible if a passenger misses their flight due to long waiting times at border control, the same official source explained that “the air carrier is not responsible for situations that are beyond its control”, such as “delays at border control”, remembering that passengers must arrive at the boarding gate at the time indicated by the airline.
Furthermore, “since failure to appear at the boarding gate in time does not constitute a denial of boarding within the scope of Regulation 261/2004, of February 11, there is no right to compensation or assistance under the Regulation”, he added.
The regulatory authority also indicated that, “if they are dissatisfied with the performance of the entities managing the sectors that contributed to the loss of flight”, which includes the PSP, as the authority responsible for border control, and ANA, as the airport manager, “the passengers can appeal judicial or extrajudicial means of resolving disputes”.
The authority recommends that passengers consult the air carrier and departure airport’s website in advance to find out confirm the necessary advance to show up at the airport, as this information may vary depending on the destination.
Despite not having direct competence over border control, ANAC claims to accompany “permanently” matters that may have an impact on the regular functioning of airport infrastructures and the quality of service provided to passengers.
According to the authority, its intervention focuses on “facilitating and monitoring the impacts that border control processes may have on airport operations”, namely “in terms of passenger flows, waiting times and the operational efficiency of airports”.
ANAC also says it maintains “regular contacts with the structures responsible for border matters, with the airport management entity, and other entities in the civil aviation system”, monitoring developments related to the implementation of new European border management systems.
At issue are, in particular, the European Union Entry/Exit System, known by the English acronym EES – which replaced the traditional stamps in the passport with digital records – and the European Travel Information and Authorization System, ETIAS.
Portugal began implementing the EES on October 12, 2025, but on April 11 and 12 of this year the collection of biometrics at departures from Lisbon, Porto and Faro airports was suspended due to longer-than-desired waiting times for passengers to board.
Currently, there are, above all, long queues at Lisbon airport.
On Wednesday, the Prime Minister, Luís Montenegro, once again suspended, at least in “critical hours”, the new border control system at airports.
The Ministry of Internal Administration announced that Lisbon airport will have more manual border control boxes from May 29, to reinforce the operational response and reduce waiting times.
The PSP will reinforce airports with 360 police officers in July.
