In a written response to Lusa, ANAC explains that "border control at national airports is not a responsibility" of the civil aviation regulator.

ANAC says this responsibility lies with the competent border control bodies, specifically the Public Security Police, who ensure document verification procedures at airport border posts. This means that delays in border queues are not considered a fault of the airline.

Airlines are not liable for border delays

According to ANAC, if a passenger misses a flight due to border control, the airline is not responsible, as such situations are considered beyond the airline’s control.

When questioned about who assumes responsibility when a passenger misses a flight due to border control, ANAC (the Portuguese National Civil Aviation Authority) was clear. According to the authority, "the airline is not responsible for situations that are beyond its control," such as delays at border control.

Failure to appear on time at the boarding gate does not constitute a refusal of boarding under Regulation 261/2004 of February 11, meaning that there is no right to compensation or assistance. Rights for passengers in European regulations are in cases such as cancellations, long delays, or denied boarding. However, a prolonged queue at the border, which prevents passengers from reaching their gates in time, does not fall under this regime, according to ANAC’s interpretation.

Passengers can still file complaints

With that said, passengers are always able to resort to judicial or extrajudicial ways should they be unsatisfied with the circumstances, such as prolonged border queues, that caused them to miss flights.

Complaints can be made to entities such as the Portuguese Public Security Police, who are responsible for border control, or ANA, the airport management company.

EES system linked to long queues

The implementation of the new border management system, the European Union Entry/Exit System, known as EES, has been cited as the cause of the massive border control queues. The new system replaces traditional passport stamps with digital records, and Portugal began implementing it on 12 October 2025.

Lisbon Airport has been especially affected, and Prime Minister Luís Montenegro admitted that he might, during peak hours, suspend the new border control system. The Ministry of Internal Administration has announced that, starting today, 29 May, Lisbon Airport will have more manual border control booths to strengthen the operational response and reduce waiting times.

Although ANAC does not have jurisdiction over border control, the authority states that it will continue to monitor passenger flows, waiting times, and the operational efficiency of airports.