The queues at the border controls at Portuguese airports have once again raised doubts among passengers who missed flights and want to know if they can be compensated. According to the news agency, the National Civil Aviation Authority (ANAC) clarified that these cases are not covered by the European air transport compensation regime.
The position was transmitted after several recent embarrassments at national airports, in a context of greater pressure on passenger control systems. According to the same source, ANAC explained that the responsibility for border controls does not lie with the aviation regulator, but with the competent authorities in this area.
Who is responsible for delays in border control
ANAC says that the management of border controls is the responsibility of the Public Security Police (PSP), which ensures document verification procedures at airports. The news agency writes that, for this reason, the air carrier cannot be held responsible for delays that occur outside of its direct control.
The entity is also keen to emphasize that passengers must comply with the check-in times defined by the airlines, including the recommended time before boarding.
There is no right to compensation in these cases
ANAC clarifies that failure to show up at the boarding gate on time is not considered denied boarding under European Regulation 261/2004. For this reason, there is no right to compensation or assistance in these cases.
The same source indicates that this legal framework excludes the application of compensation rules usually used in situations of delays or cancellations attributable to airlines.
Possibility of appealing to the authorities
ANAC adds that passengers who believe they have been harmed can resort to dispute resolution mechanisms. These procedures may involve airport management entities or authorities responsible for border control.
Among these entities are the PSP, responsible for document controls, and ANA, as manager of airport infrastructure.
Recommendation for passengers before travel
The regulatory authority recommends that passengers confirm the necessary advance times with the airline and departure airport in advance. According to Lusa, this information may vary according to the destination and type of flight.
The same source explains that this prior check can help reduce the risk of missed flights during busy periods at airports.
Monitoring despite not having direct competence
Despite not managing border controls, ANAC claims to monitor the impact of these situations on the operation of airports. The regulator’s intervention focuses on monitoring operational effects, including waiting times and passenger flow. The entity maintains regular contact with the structures responsible for borders and airport managers, in order to monitor the evolution of the system.
At issue are recent changes to the EU’s border control systems. Note that Portugal has started implementing the Entry/Exit System, known as EES, which replaces the stamp in the passport with digital records. ETIAS, a European travel authorization system, aimed at travelers from third countries, is also being prepared.
Queues again generate pressure at airports
The implementation of the EES has been accompanied by longer waiting periods at Portuguese airports. According to the same source, in April there was a temporary suspension of biometrics collection at departures due to long waiting times. Currently, Lisbon airport continues to experience long queues at certain times of the day.
The government has already admitted the possibility of partially suspending the new system at busy times, as a way of relieving pressure on controls. The same source also indicates that operational reinforcement measures are planned, including more manual checkpoints and an increase in the number of PSP agents at airports.
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