What changed between the plenary report of 13 Jan 2026 and the plenary report of 1 Jul 2026

Removed:Council position

Added:3. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

Removed:Recital 3: (3) The study on the current level of protection of air passenger rights in the EU mandated and published by the Commission in 2020 (the steer study) claims that the main priority of passengers is to be provided with assistance in the event of travel disruption and to be offered rerouting so that they arrive at their destination as soon as possible. To this end, the steer study shows that the payment of compensation comes third out of the three options provided in terms of the priorities of passengers. However, it cannot be inferred from this study that the payment of compensation would rank low in the priorities of passengers, for three reasons. First, the question design already carries a significant bias, narrowing down possible outcomes, as the three options given to the respondents are not comparable in their nature. While two of the options (assistance, rerouting) promise immediate relief from an urgent problem (flight disruption), the third option (compensation) is less immediate and less urgent by its nature. Compensation under this Regulation seeks to redress damage suffered as a consequence of a disruption, with a payment that helps the passenger in the long run, rather than solving the immediate problem (via assistance or rerouting). It is only natural that the average respondent ranks as third the least urgent and immediate of the three options (compensation). However, it would be logically and statistically invalid to conclude from this ranking that receiving com…

Removed:Council position

Removed:Recital 3 a (new): (3 a) In line with the objectives of Regulation (EC) No 261/2004, an independent peer-reviewed study from 20231a provides robust evidence that the Regulation in its current form is effective in reducing average flight delay times. It finds that this impact is clearly economically important in magnitude and is independent of air carriers’ decisions on scheduled flight duration. It confirms that statistically, the hypothesis of no impact can be very firmly rejected. It insists that its results hold for other measures of flight punctuality (arrival delay and share of ‘‘ontime flights’’), and is robust to alternative specifications. Moreover, it finds that the current Regulation is most effective at delay reduction on routes where competition is low. It underlines that from an economic perspective, the compensation scheme under Regulation (EC) No 261/2004 applies the principle that liability should be borne by the party best placed to prevent and manage it at the lowest cost. Air carriers, rather than passengers, would retain control over punctuality through scheduling, maintenance planning, crew and aircraft rotations, and disruption-recovery strategies. By tying liability to arrival delay at the final destination, the Regulation would provide necessary economic incentives for air carriers to reduce the occurrence of long delays and cancellations. The findings of this study support the Union legislator's decision to maintain and render explicit the common three-hour threshold fo…

Added:Background

Removed:Council position

Added:I Procedure

Removed:Recital 5: (5) The concept of ‘extraordinary circumstances’ has been subject to abundant case law of the Court of Justice. Greater clarity should be provided on what constitutes extraordinary circumstances to allow air passenger rights to be effectively and consistently enforced. In the light of the case law, events whose origin is ’internal’ should be distinguished from those whose origin is ’external’ to the operating air carrier. Events should be considered external when they arise from circumstances beyond the air carrier’s control and result from a natural event or an act of a third party. Such external events should be generally qualified as extraordinary circumstances. Events that do not meet these criteria should be deemed internal and should not be qualified as extraordinary circumstances. Such distinction should be further clarified by means of an exhaustive list of circumstances that are clearly identified as capable of being considered as extraordinary. In order to amend the list of extraordinary circumstances, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of making additions, where necessary, to that list. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreem…

Added:Ten meetings of the Parliament’s delegation took place on 28 January 2026, 11 March 2026, 15 April 2026, 20 April 2026, 19 May 2026, 20 May 2026, 2 June 2026, 9 June 2026, 11 June 2026 and 15 June 2026.

Removed:Council position

Added:Four trilogues took place on 23 March 2026, 20 April 2026, 19 May 2026 and 2 June 2026.

Removed:Recital 5 a (new): (5 a) In accordance with the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The Court of Justice has provided more details on the meaning and limits of the obligation to take “reasonable measures” in its case-law.

Added:Political agreement on a possible compromise package was reached on 11 June 2026. The Council delegation to the Conciliation Committee endorsed the compromise reached on 12 June.

Removed:Council position

Added:Parliament’s delegation unanimously (27 votes in favour) approved the compromise reached in its meeting on 15 June 2026.

Removed:Recital 6: deleted

Added:In light of those meetings and following an exchange of letters on 12 and 15 June 2026, the Co-Chairs of the Conciliation Committee confirmed by joint letter to the Presidents of the respective institutions that the Committee had reached agreement on a joint text as attached to the letter.

Removed:Council position

Added:II Main points of the agreement reached

Removed:Recital 7: deleted / (deleted)

Added:Time threshold, distances and amounts for compensation

Removed:Council position

Added:Despite proposals from both the Council and the Commission to increase the time thresholds by which the right to compensation starts to apply, Parliament succeeded in maintaining the status quo of the current Regulation. The existing three-hour delay threshold was codified for all flights, and the compensation amounts for cancellations, denied boarding, delays and missed flights of 250, 400, and 600 Euro (depending on flight distances) were upheld.

Removed:Recital 8: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Added:Extraordinary circumstances

Removed:Council position

Added:A non-exhaustive list of examples of extraordinary circumstances was introduced. Parliament insisted that this list strictly follow the caselaw of the Court of Justice of the European Union.

Removed:Recital 10: (10) In its judgment in Case C-537/17 (Claudia Wegener v Royal Air Maroc SA)12 on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that Regulation (EC) No 261/2004 applied to a part of any flight which was part of one journey, regardless of where the flight took place, including flights fully operated outside the Union. Building on this judgement and with the aim of establishing a level playing field, when either the initial point of departure is located in the territory of a Member States to which the Treaties apply, or, when the final destination of the journey is located in the territory of a Member State to which the Treaties apply, this Regulation should apply.

Added:At the same time, the Regulation confirms that any extraordinary circumstances must be beyond the control of the airline, directly linked to the flight and that all reasonable measures must have been taken to avoid the disruption in order for the disruption to count as an extraordinary circumstance. Airlines must inform passengers of exactly which extraordinary circumstance they are citing when refusing to pay compensation.

Removed:Council position

Added:Hand baggage

Removed:Recital 11 a (new): (11 a) In the interest of fair international competition and in order to ensure that passengers are protected by a uniform and coherent framework of rights, Regulation (EC) No 261/2004 should apply to all journeys within the Union, as well as to all journeys departing from or arriving in the Union.

Added:Parliament succeeded in introducing greater price transparency on hand baggage. In addition to a personal item, all listings of airfare offers must, by default, include a piece of hand baggage in the price shown. This is to prevent misleading consumers as to the total cost of a journey by only showing additional charges after purchase, and to allow consumers to make an informed choice.

Removed:Council position

Added:Obligation to inform a passenger of the right to compensation

Removed:Recital 12: deleted

Added:Council and Parliament agreed that, after a disruption, airlines have to send information digitally to each passenger about their potential right to compensation and clear instructions on how to claim it. This obligation was not included in the original proposal and will greatly increase passengers’ awareness of their rights.

Removed:Council position

Added:Children sit next to their parents for free and strollers to be brought to the airport door

Removed:Recital 14: (14) In its judgment in Case C-22/11 (Finnair Oyj v Timy Lassooy)13 on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that the concept of ‘denied boarding’ must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as for operational reasons. Passengers who have presented themselves for boarding and are denied boarding, or who have been informed in advance that they would be denied boarding, against their will, should be reimbursed and compensated without undue delay.

Added:Air carriers must allow children under 14 to sit next to their parents free of charge. Moreover, boarding priority must be given to children in strollers. Strollers will be allowed to be used up to the door of the aircraft and will be returned at the door upon arrival of the flight at the destination.

Removed:Council position

Added:Compensation scheme for persons with disabilities or reduced mobility and unaccompanied minors

Removed:Recital 15: deleted

Added:Parliament succeeded in including a right to compensation and assistance for persons with disabilities or reduced mobility and unaccompanied minors who are delayed or miss connections due to a failure to provide requested assistance (i.e. no wheelchair service between gates).

Removed:Council position

Added:Persons with disabilities or reduced mobility are also entitled to clearer compensation and replacement for equipment damaged during a journey.

Removed:Recital 18: (18) In the case of a cancellation, the choice between receiving reimbursement, continuation of travel by rerouting or travel later on the same day or at a later date should be the decision of the passenger and not that of the air carrier.

Added:No fees for printed boarding passes, no requirement to use an app

Removed:Council position

Added:Parliament introduced the right for passengers to choose to use either a digital or physical boarding pass free of charge. Airlines cannot require a user account or the use of an application to access, use or print a boarding pass or any other information related to this Regulation.

Removed:Recital 18 a (new): (18 a) Where a passenger cancels a flight, air carriers should be obliged to refund, free of charge, taxes which have already been paid.

Added:Union Air Passenger Rights Label and scope

Removed:Council position

Added:A “Union Air Passenger Rights Label” will be created to allow passengers to be better informed when choosing tickets. The label will only appear next to journeys performed by Union carriers, as they are obliged to apply the Regulation when departing from, and arriving in the Union. This will help ensure passengers can choose flight options based on their rights, in addition to price.

Removed:Recital 19: (19) Airport managing bodies at airports with an annual passenger traffic volume of not less than four million passengers for at least three consecutive years and airport essential service providers, in particular air carriers and the suppliers of ground handling services, navigation service providers and assistance providers for disabled passengers and passengers with reduced mobility, should take adequate measures to ensure coordination and cooperation between airport users in order to minimise the impact of multiple flight disruptions on passengers. To this end, airport managing bodies should ensure adequate coordination by means of proper contingency plans for such occurrences and work together with national, regional or local authorities in the development of such plans. Such plans should be assessed and, where necessary, adapted by the National Enforcement Bodies.

Added:Despite Parliament’s insistence, the Regulation maintained the existing scope, applying only to Union-based carriers and journeys originating from the Union. Nevertheless, a review clause was introduced on the potential extension of the scope to non-Union carriers arriving in the Union in the future.

Removed:Council position

Added:No fees for an administrative name-change or a spelling mistake

Removed:Recital 19 a (new): (19 a) Air carriers should set up procedures and coordinated action in order to provide adequate information to stranded passengers. Those procedures should clearly indicate who is responsible at each airport for arranging the care, assistance, re-routing or reimbursement and should set out the processes and conditions for the provision of those services.

Added:Typos and errors in a passenger’s name can now be corrected for free when spotted at least 48 hours before a journey and should not be considered a ground to deny boarding.

Removed:Council position

Added:“No show” policies and denied boarding

Removed:Recital 19 b (new): (19 b) In order to assist passengers in the case of flight disruptions or delayed, damaged or lost baggage, air carriers should set up contact points at airports where their personnel or third parties commissioned by them should provide passengers with the necessary information regarding their rights, including complaint procedures, and assist them to take immediate action.

Added:The Regulation introduces a partial ban on “no show” policies, by which a passenger who did not use an outbound ticket would be denied boarding when attempting to use the inbound leg of the same ticket. This is now forbidden, and no fee can be charged.

Removed:Council position

Added:Multiple compensation in case of multiple disruptions

Removed:Recital 19 c (new): (19 c) Given the short deadlines for the submission of complaints for delayed, damaged or lost baggage, a special baggage claim service should be set up at all airports where passengers have the possibility to submit a complaint upon arrival. For this purpose, air carriers should provide a complaint form in all official languages of the Union to passengers. This could also take the form of the common Property Irregularity Report (PIR). In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to lay down the form of the standardised claim form through implementing acts.

Added:Parliament ensured that a passenger is entitled to compensation for multiple disruptions if they experience both cancellation and delay.

Removed:Council position

Added:Clear rules on vouchers

Removed:Recital 20: (20) The objective of Regulation (EC) No 261/2004 is to strengthen the rights of consumers by ensuring a high level of protection for air passengers within the internal market, in line with Article 38 of the Charter of Fundamental Rights. In joined Cases C-402/07 (Christopher Sturgeon, Gabriel Sturgeon and Alana Sturgeon v Condor Flugdienst GmbH) and C-432/07 (Stefan Böck and Cornelia Lepuschitz v Air France SA)14 (“judgment in Joined cases C-402/07 and C-432/07’), the Court of Justice reflected this objective by recognizing that passengers experiencing flight delays of three hours or more suffer damage in the form of irreversible loss of time that must be compensated promptly and in a standardized manner. Relying on the principle of equal treatment, the Court confirmed that such long delays cause harm comparable to cancellations and that a difference in treatment could not be objectively justified. Specifically, the Court considered that, when the delay in arrival of a flight is equal to, or in excess of, three hours, the passengers concerned are entitled to compensation, like passengers whose original flight has been cancelled and to whom an air carrier is not able to offer re-routing in accordance with the conditions laid down in Article 5(1)(c)(iii) of the regulation, that is, on a flight which departs no more than one hour before the scheduled time of departure and reaches their final destination less than two hours after the scheduled time of arrival. / In line with the…

Added:Clear rules on vouchers are introduced. Parliament guaranteed that they will be voluntary, that they could be more than the amount of the reimbursement or compensation due, and that, after they expire, all remaining amounts are refunded to the passenger’s bank account.

Removed:Council position

Added:Right to bring a musical instrument

Removed:Recital 21: deleted

Added:Passengers are allowed to bring their musical instruments with them on a flight, including on a seat where needed. They will also have a right to take other additional hand baggage.

Removed:Council position

Added:Transportation to the right airport if diverted and compensation in case of delay

Removed:Recital 22: deleted

Added:If a plane lands at a different airport than planned, airlines are required to provide a transfer to the original airport of arrival and if passengers arrive more than three hours late at the original airport, they are entitled to compensation.

Removed:Council position

Added:Codification

Removed:Recital 23: (23) The standardised compensation in Regulation (EC) No 261/2004 serves to compensate for a loss of time which is common to all passengers. It is therefore appropriate to define compensation levels according to the distance of the flight disrupted and the delay at arrival.

Added:Many passenger rights established through the case law of the Court of Justice of the European Union since the original 2004 Regulation have now be codified in the Regulation and therefore are protected for the future. Parliament ensured that there was no step back on passenger rights.

Removed:Council position

Added:Conclusion

Removed:Recital 24: deleted

Added:The final text can be regarded as a very satisfactory and well-balanced compromise as it manages to secure the rights of passengers while at the same time providing clarity and being fair to air carriers.

Removed:Council position

Added:Parliament’s delegation to the Conciliation Committee therefore recommends that the joint text be approved at third reading.

Removed:Recital 24 a (new): (24 a) The Flight Emissions Label established pursuant to Article 14 of Regulation (EU) 2023/2405 of the European Parliament and the Council1a is at the disposal of the service providers should they want to display, in an easily accessible format on their websites and on tickets, accurate and objective information regarding the environmental impact of their travel in a comparable way. / 1a Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (OJ L, 2023/2405, 31.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2405/oj).

Removed:Council position

Removed:Recital 25: (25) To ensure legal certainty, Regulation (EC) No 261/2004 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to cancellations, delays or denied boarding and should therefore give rise to the same rights.

Removed:Council position

Removed:Recital 26: (26) Passengers who miss a connecting flight which is part of a journey as a result of a disruption, a change of schedule or a delay on a previous flight should be properly assisted while waiting for rerouting. In such cases, in accordance with the principle of equal treatment and with the judgement of the Court of Justice in Case C-11/11 (Air France v. Folkerts)1a, passengers should be entitled to compensation upon reaching the final destination of their alternative flight or transportation, on a similar basis to passengers experiencing disruptions on direct flights in light of the delay upon reaching the final destination of their journey. / 1a Judgment of the Court (Grand Chamber), 26 February 2013, Air France v Heinz-Gerke Folkerts and Luz-Tereza Folkerts, Case C-11/11, ECLI:EU:C:2013:106.

Removed:Council position

Removed:Recital 29: (29) Where a passenger has opted for rerouting at the earliest opportunity, the air carrier often makes the rerouting conditional upon the availability of seats on its own services, thereby denying its passengers the option of being rerouted more quickly by alternative services. Therefore, the carrier should also propose other options for rerouting, including to an alternative airport, by a different route, on another carrier’s services or on other transport modes where this can speed up rerouting. Alternative rerouting should be dependent upon the availability of seats. That rerouting should be, subject to certain conditions, at the air carrier’s expenses and provided under comparable transport conditions.

Removed:Council position

Removed:Recital 31: (31) Whether transport conditions are comparable could depend on a number of factors and on the particular circumstances. Where possible and where it does not entail further delay, passengers should not be downgraded to transport services of a lower class compared with the one on the reservation. Rerouting should be offered at no additional cost to the passenger, even if passengers are rerouted with another air carrier or on a different transport mode or in a higher class or at a higher fare than the one paid for the original service. Reasonable efforts should be made to avoid additional connections. Persons with disabilities or persons with reduced mobility should not be subject to any additional connecting flight when rerouted, unless otherwise agreed by the passenger. The total travel time should be as close as reasonably possible to the scheduled travel time of the original flight, taking into account the options available at the airport where the disruption occurred, in the same class of transport or a higher one if necessary. If several flights are available with comparable timings, passengers having the right to rerouting should accept the offer of rerouting made by the air carrier, including on those air carriers cooperating with the operating air carrier. If the operating air carrier provides the passenger with rerouting under comparable transport conditions the passenger should accept such rerouting. If the operating air carrier provides the passenger with rerouting…

Removed:Council position

Removed:Recital 31 a (new): (31 a) Where a passenger informed the operating air carrier of his or her choice to continue his or her journey, and if the operating air carrier has not offered within three hours a rerouting, the passenger should have the right to arrange his or her own rerouting under comparable transport conditions in order to reach his or her final destination without further delay. However, the passenger should remain entitled to rerouting by the operating air carrier until the passenger has informed the operating air carrier of his or her decision, to arrange his or her own rerouting. When arranging their own rerouting, the passengers should limit the expenses to those that are necessary, reasonable and appropriate.

Removed:Council position

Removed:Recital 31 b (new): (31 b) Assistance could be limited or declined if its provision would itself cause further delay to passengers awaiting a delayed flight or the rerouting. If a flight is delayed late in the evening but can be expected to depart within a short period of time and if dispatching passengers to hotels and bringing them back to the airport in the middle of the night could lead to a much longer delay, the air carrier should be allowed to decline to provide hotel accommodation and corresponding transfers. Similarly, if an air carrier is about to provide food and drinks but is informed that the flight is ready for boarding, it should be allowed to decline to provide this assistance. Apart from these cases, this limitation should be applied only in very exceptional cases, as every effort should be made to reduce the inconvenience suffered by passengers.

Removed:Council position

Removed:Recital 32: (32) Air carriers should offer assistance to passengers from the scheduled time of departure until the departure of their flight. Air carriers currently face unlimited liability for the accommodation of their passengers in the case where the extraordinary circumstances persist for a long period of time. An air carrier should therefore be able to limit the provision of care as regards the duration of accommodation and, in cases where passengers arrange the accommodation themselves, as regards costs and care to three nights. Moreover, contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods.

Removed:Council position

Removed:Recital 33: (33) Passengers with specific needs such as persons with disabilities, persons with reduced mobility, unaccompanied children, infants, pregnant women and persons in need of specific medical assistance such as people with severe diabetes or epilepsy, may require specific attention by the operating air carrier. In particular, it may be more difficult to arrange accommodation when flight disruptions occur. Therefore, any limitations on the right to be provided with accommodation in cases of extraordinary circumstances should on no account apply to these categories of passenger.

Removed:Council position

Removed:Recital 33 a (new): (33 a) The service providers should ensure that persons with disabilities and persons with reduced mobility have the right, at all times, to use safety-approved respiratory devices on aircraft, free of charge. The Commission should draw up a list of approved medical oxygen equipment in cooperation with the industry and organisations representing persons with disabilities and persons with reduces mobility, taking due account of safety requirements.

Removed:Council position

Removed:Recital 34: (34) Regulation (EC) No 261/2004 also applies to passengers who have booked their air transport as part of a package travel. This amending Regulation aims to further improve the coherence between Directive (EU) 2015/2302 of the European Parliament and of the Council16 and Regulation (EC) No 261/2004. In that regard, passengers should be able to choose under which of those two legal acts they introduce their claims and, where appropriate, make claims under both legal acts. A passenger who has booked air transport as part of a package should be able to make claims under both legal acts where, for example, the passenger received a compensation from the air carrier for a delayed flight, but is entitled to a price reduction or compensation to be granted by the organiser for specific services, such as a hotel night, meals, an excursion or other events, missed as a consequence of the delayed flight. However, passengers should not be allowed to cumulate rights insofar as the relevant compensation or price reduction granted under both acts safeguards the same interest or have the same objective. If passengers introduce their claim with the air carrier, the air carrier should pay the full amount of the compensation due under Regulation (EC) No 261/2004. If passengers make a claim under Directive (EU) 2015/2302, the compensation paid by the air carrier should be deducted from payments due under Directive (EU) 2015/2302 insofar as the underlying rights safeguard the same interest or have…

Removed:Council position

Removed:Recital 36: deleted / (deleted)

Removed:Council position

Removed:Recital 37: (37) Regulation (EC) No 2111/2005 of the European Parliament and of the Council18 requires the air carriage contractor to inform the passenger of the identity of the operating air carrier and Council Directive 93/13/EEC19 requires the seller or supplier to provide information to the consumer on the terms and conditions of the contract. Passengers should be informed in more detail about their rights in cases of flight disruption, and should also be adequately informed about the cause of the disruption itself, as soon as the information becomes available. That information should also be provided by the air carrier where the passenger has acquired the ticket through an intermediary established in the Union. That information should, at a minimum, be provided by the air carrier or the intermediary in an accessible format and, where appropriate, through so-called ‘push’ notifications from mobile applications or by other digital means.

Removed:Council position

Removed:Recital 38: deleted

Removed:Council position

Removed:Recital 38 a (new): (38 a) The Special Report 15/2021 of the European Court of Auditors concluded that national enforcement bodies lack a good overview of operators’ compliance with passenger rights. The Commission in its evaluations also concluded that the overall approach of national enforcement bodies toward monitoring the implementation of the Regulations varies significantly: while some national enforcement bodies tend to be very proactive, others seem only to react to complaints which they receive. To address these shortcomings and to ensure better enforcement of passenger rights, enforcement mechanisms should be strengthened by granting national enforcement bodies independence, establishing a cross-border cooperation mechanism, enhancing their power to obtain information from carriers, and implementing a more effective penalty regime.

Removed:Council position

Removed:Recital 39: (39) In order to ensure better enforcement of passenger rights, Member States should ensure that consumers have access to mechanisms for an out-of-court resolution of disputes after those consumers have unsuccessfully complained or submitted a request to the air carrier or the intermediary. The participation of air carriers and intermediaries under the scope of this Regulation in alternative dispute resolution procedures should be mandatory and their decisions binding.

Removed:Council position

Removed:Recital 39 a (new): (39 a) As commercial aviation is an integrated Union market, measures to guarantee enforcement of this Regulation should be more effective at Union level with increased involvement of the Commission. Specifically, the Commission should increase public awareness of compliance by air carriers with passenger rights requirements by publishing a list of carriers that systematically fail to comply with this Regulation.

Removed:Council position

Removed:Recital 44: (44) Having regard to the United Nations Convention on the Rights of Persons with Disabilities20 , and in order to ensure that the damage to, destruction or loss of mobility equipment or the injury to or death of a recognised assistance dog is compensated to its full replacement cost, air carriers should offer to persons with disabilities and persons with reduced mobility, as defined in Regulation (EC) No 1107/2006, the opportunity to make a special declaration of interest free of charge, which pursuant to the Montreal Convention allows them to seek full compensation for loss or damage. Air carriers should inform passengers of that declaration and of the related rights whenever they make a ticket booking.

Removed:Council position

Removed:Recital 46: (46) Regulation (EC) No 261/2004 should ensure its objective of raising standards of protection and of information for passengers, strengthening their rights and ensuring that air carriers operate under harmonised conditions, including hand baggage dimensions. In accordance with the judgement of the Court of Justice in case C-487/12(Vueling Airlines SA v Instituto Galego de Consumo de la Xunta de Galicia Vueling)21, hand baggage (i.e. baggage that is not checked in) should be considered as constituting a ‘necessary aspect’ of the carriage of passengers on condition that such baggage meets ‘reasonable requirements’ in terms of its weight and dimensions, and that its carriage should not, therefore, be made subject to a price supplement. Airlines should also communicate carry-on baggage dimensions clearly to passengers.

Removed:Council position

Removed:Recital 46 a (new): (46 a) Greater clarity should be provided where a personal item or hand baggage is left behind or lost in the aircraft cabin in order to facilitate the handling of such requests, ensuring a streamlined process and preventing any additional burden or miscommunication for passengers.

Removed:Council position

Removed:Recital 47: deleted / (deleted)

Removed:Council position

Removed:Recital 48: (48) Musical instruments can be of immense monetary, artistic and historical value. Moreover, musical instruments are the tools of musicians’ trade used regularly for rehearsal and performance and cannot be easily replaced. Therefore, passengers should be entitled to carry musical instruments into the cabin under their own responsibility, provided those instruments respect capacity, safety and security rules and the air carrier’s maximum baggage allowance policy. In order to allow the passengers concerned to assess whether their musical instrument can be stored in the cabin, air carriers should inform them about the size of storage facilities. When capacity, safety and security requirements are fulfilled, the air carrier should endeavour to allow passengers to carry musical instruments on additional seats, provided that the corresponding fares have been paid. Where this is not possible, musical instruments should, where possible, be carried under the appropriate conditions in the cargo compartment of the aircraft. Therefore, Regulation (EC) No 2027/97 should be amended accordingly.

Removed:Council position

Removed:Recital 51: deleted

Removed:Council position

Removed:Recital 52: (52) The Draghi report emphasised the critical role of transport for Union competitiveness. It also outlined the risk of business diversion, resulting from asymmetric regulations, from transport hubs in the Union to hubs in the Union’s neighbourhood. Regulation (EC) No 261/2004 applies to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, only if the operating air carrier of the flight concerned is a Union air carrier. These findings support the Union legislator's decision to revise the scope of this Regulation with a view to further enhancing the level of passengers’ protection and the level playing field between Union and third country air carriers.

Removed:Council position

Removed:Recital 53: (53) The financial protection of passengers in the event of airline failure is a key component of an effective passenger rights regime. In order to strengthen air passengers’ protection in the event of cancellations of flights due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence, air carriers should be obliged to provide sufficient evidence of security for the reimbursement of passengers or their repatriation.

Removed:Council position

Removed:Recital 53 a (new): (53 a) The creation of a guarantee fund or a compulsory insurance scheme should for example enable air carriers to ensure that passengers can be reimbursed or repatriated when their flights are cancelled due to the insolvency of an air carrier or the suspension of its operations as the result of the revocation of its operating licence.

Removed:Council position

Removed:Recital 54: deleted

Removed:Council position

Removed:Recital 55: deleted

Removed:Council position

Removed:Recital 55 a (new): (55 a) This Regulation respects fundamental rights and observe the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably consumer protection, the right to protection of personal data, the prohibition of any form of discrimination and the integration of persons with disabilities, the right to an effective remedy and to a fair trial.

Removed:Council position

Removed:Recital 55 b (new): (55 b) In order to improve air passenger protection beyond Union borders, such rights should also be addressed in bilateral and international agreements.

Removed:Council position

Removed:Recital 55 c (new): (55 c) Specific facilities for severely disabled passengers requiring changing and toilet facilities (so-called 'changing places') should be provided at no cost to the passenger at all Union airports with an annual passenger traffic volume of more than one million passengers.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point a, Article 2 – paragraph 1 – point c a (new): (c a) "airport managing body" means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point a, Article 2 – paragraph 1 – point f a (new): (f a) “cost of the air ticket” means final price to be paid at the end of the reservation process that includes the air fare and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket, excluding intermediation fees, regardless whether those extras and fees have been paid together with the fares for the transport service or separately at a later stage;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point a, Article 2 – paragraph 1 – point f b (new): (f b) "reservation" means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or organiser;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point b, Article 2 – paragraph 1 – point g: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point c, Article 2 – paragraph 1 – point i: (i) “person with disabilities” and “person with reduced mobility” mean any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point c, Article 2 – paragraph 1 – point j: (j) “denied boarding” means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 4(1), or where they were informed in advance that they will be denied boarding against their will.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point c, Article 2 – paragraph 1 – point l – point i: (i) the aircraft took off but, for whatever reason, either diverted to an airport other than the airport of arrival indicated on the ticket, or returned to the airport of departure, and could not continue to the airport of arrival indicated on the ticket, or

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point c, Article 2 – paragraph 1 – point l – point ii: (ii) a passenger has been issued a ticket for a flight and the time of departure indicated on the passenger’s ticket has been brought forward by more than one hour.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point o: (o) “delay at arrival” means the difference in time between the time of arrival indicated on the passenger’s ticket and the actual time of arrival of the flight; a flight where the aircraft took off but was subsequently forced to return to the airport of departure and took off again at a later time is considered to be delayed at arrival;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point p: (p) “class of transport” means a part of the passenger cabin of the aircraft characterised by either a specific code indicated in the air transport contract or a combination of different seats, a different seat configuration and other differences in the service, such as specific catering, provided to passengers compared to other parts of the cabin;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point q: (q) “air transport contract” means a contract of carriage concluded between an air carrier or its authorised agent and a passenger or passengers, for the provision of one or more flights;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point r: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point t: (t) “connecting flight” means a flight under a single contract of carriage or a single booking reference, or both, which, as part of a journey, is intended to enable the passenger to depart from the initial point of departure and to arrive at a transfer point in order to depart on another flight, or is intended to enable the passenger to depart from a transfer point to enable the passenger to reach another transfer point or the passenger’s final destination;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point za a (new): (za a) "unaccompanied child" means a child travelling without an adult guardian and where the air carrier has accepted responsibility for care in accordance with its published rules;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point zf a (new): (zf a) “personal item” means a piece of unchecked baggage, which complies with security and safety requirements, and either with maximum dimensions of 40x30x15cm or on condition that it fits under the seat in front of the seat in which the passenger is sitting;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 2 – point d, Article 2 – paragraph 1 – point zf b (new): (zf b) “hand baggage” means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 1 – point b: (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, unless they received equivalent benefits or compensation and were given assistance in that third country.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 3: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 7: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 8 – subparagraph 1: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 3, Article 3 – paragraph 8 – subparagraph 2: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 2 – subparagraph 1: When an operating air carrier reasonably expects to deny boarding on a flight, it shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights under this Regulation applicable to the case, in particular as regards the right to reimbursement, rerouting and compensation and the right to assistance under this Regulation.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 2 – subparagraph 2: The operating air carrier shall call for volunteers under conditions to be agreed between each volunteer and the operating air carrier. The air carrier shall inform the volunteers of their rights in accordance with this Regulation. The agreement with each volunteer regarding the benefits shall only replace the volunteer’s right to compensation as laid down in Article 7(1) if the volunteer explicitly approves of it by means of a signed document or any digital means on a durable medium. In absence of such an approval, the volunteer shall be immediately compensated by the operating air carrier denying boarding in accordance with Articles 7(1).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 4 – subparagraph 2: The operating air carrier denying boarding shall, without undue delay, offer to the passengers concerned, in a clear manner, the choice between reimbursement and rerouting in accordance with Article 8. By way of derogation from Article 8(1), point (a), when the passengers who were denied boarding are entitled to reimbursement it shall be granted immediately.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 4 – subparagraph 4: The operating air carrier denying boarding to passengers against their will shall immediately compensate the passengers concerned in accordance with Article 7(1).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 5: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 5 a (new): 5 a. Passenger shall not be denied boarding at the return journey, including one which consists of multiple flights, on the grounds that the passenger did not take the outbound flight of a return ticket or did not pay an additional charge for this purpose. If boarding is denied to passengers against their will on such grounds, this Article shall apply. In addition, the operating air carrier shall immediately compensate the passengers concerned in accordance with Article 7 and shall assist them in accordance with Articles 8 and 9.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 6: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 1 – subparagraph 2: The operating air carrier shall inform the passengers concerned by electronic means of the reasons for the cancellation as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4: 4. Passengers shall have the right to receive compensation from the operating air carrier of the cancelled flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), and/or when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b). To that end, the air carrier shall systematically provide the passenger with a pre-filled form in an accessible format and on a durable medium in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union. The air carrier shall provide a reply within the deadline set out in Article 7(5).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 5: 5. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation was caused by extraordinary circumstances and the cancellation could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances may only be invoked in so far as they affect the flight concerned or the preceding flight operated by the same aircraft, and provided that there is a direct causal link between the occurrence of that circumstance and the cancellation of the flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 6 a (new): 6 a. In the event of cancellation of a flight owing to insolvency, bankruptcy, or the suspension or cessation of the activities of an air carrier, passengers who are stranded shall be entitled to a reimbursement, the return flight to the point of departure or re-routing, and to care, as provided for in Articles 8 and 9 of this Regulation. Equally, air passengers who have not yet started their journey shall be entitled to reimbursement. Air carriers shall prove that they have taken all necessary measures, such as taking out an insurance policy or creating guarantee funds, to provide for the care, reimbursement or re-routing of stranded passengers where applicable. These rights shall apply to all passengers concerned irrespective of their place of residence, point of departure or where they bought their ticket.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 6, Article 6 – paragraph 1 – subparagraph 2: The operating air carrier shall, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, specify to the passengers concerned the reasons for the delay of the flight. The passengers are entitled, upon request, to receive in writing the reasons for the delay at arrival. The operating air carrier of the delayed flight shall send to passengers the pre-filled common form within 48 hours following travel disruption for the purpose of reimbursement and compensation in accordance with Article 6c.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 6, Article 6 – paragraph 3: 3. When the delay reaches the threshold set out in Article 7(2) calculated from the time of departure indicated on the passenger’s ticket, the operating air carrier shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 6, Article 6 – paragraph 3 a (new): 3 a. Passengers shall have the right to compensation from the operating carrier in accordance with Article 7 where they depart no more than one hour before the scheduled time of departure and reach their final destination with a delay of 2 hours or more after the scheduled time of arrival, provided that the total time lost by the passenger before departure and following the delay at arrival is equal to or exceeds the threshold set out in Article 7(2).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 6, Article 6 – paragraph 4 – subparagraph 1: Passengers shall have the right to receive compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2). To that end, the operating air carrier shall, systematically within 48 hours following the delay, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union].

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 6, Article 6 – paragraph 4 – subparagraph 2: Passengers shall have the right to receive compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 6, Article 6 – paragraph 6: 6. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay at arrival was caused by extraordinary circumstances and the delay could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or at least the preceding flight operated by the same aircraft and provided that there is a direct causal link between the occurrence of that circumstance and the delay at departure of the subsequent flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier. The above does not exempt air carriers from the requirement to provide passengers with assistance in accordance with Article 9.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 7, Article 6a – paragraph 3: 3. Where a tarmac delay reaches two hours in an airport with commercial passenger traffic situated in a territory of a Member State to which the Treaties apply, the aircraft shall proceed to the gate or another suitable disembarkation point where passengers shall be allowed to disembark. Beyond that deadline, a tarmac delay can only be prolonged if there are safety, immigration, air traffic control or security-related reasons why the aircraft cannot leave its position on the tarmac.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 7, Article 6b – paragraph 3 – subparagraph 1: Passengers shall also have a right to receive compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3), if they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 7, Article 6b – paragraph 3 – subparagraph 2: Passengers shall have the right to receive compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the threshold set out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 7, Article 6b – paragraph 3 – subparagraph 2 a (new): Where paragraphs 2 and 3 of this Article apply, the operating air carrier shall, systematically within 48 hours following the missed connecting flight, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 7, Article 6b – paragraph 4: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 7, Article 6 c (new): Article 6c / Extraordinary circumstances / 1. Extraordinary circumstances shall be considered to be events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that air carrier’s actual control. For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in the Annex; / 2. When a passenger has a right to compensation from the air carrier in accordance with Articles 4, 5 and 6, the air carrier shall send to the passenger in a written form, within 48 hours, the information about the presence or absence of extraordinary circumstances and provide access to a pre-filled common form in accordance with [16aa of Regulation [2023/..] on enforcement of passenger rights in the Union]. / 3. Where an unusual event outside the control of one or more Member States has occurred, which has a major impact on air travel with major unfavourable consequences for the aviation sector and which is not covered under Annex to this Regulation, the Commission is empowered to adopt a delegated act in accordance with Article 16h in order to amend the exhaustive list set out in that Annex by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 1 – point a: (a) EUR 300 for all journeys of 1 500 kilometres or less;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 1 – point b: (b) EUR 400 for all journeys above 1 500 km and up to 3 500 km;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 1 – point b a (new): (b a) EUR 600 for all journeys above 3 500 km;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 1 – subparagraph 2: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 1 a (new): 1 a. Every three years, the Commission shall adopt a delegated act automatically adjusting the amounts of compensation referred to in this paragraph to the combined overall inflation rate of the three preceding years based on the European Index of Consumer prices published by Eurostat pursuant to Regulation (EU) 2016/7921a. / 1a Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, pp. 11).

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 2: 2. In the case of a delay at arrival after rerouting following a cancellation under Article 5, a delay at arrival under Article 6 or a delay at arrival after a missed connecting flight under Article 6b, the right to compensation shall arise for delays at arrival, or following a loss of time under Article 6, paragraph 3a, of three hours or more, regardless of the distance of the journey.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 2 – point a: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 2 – point b: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 4: 4. Where the passengers have chosen to continue their journey pursuant to Article 8(1), points (a), (b) or (c), and a further disruption occurs during rerouting, the passenger’s right to compensation shall be upheld during rerouting to their initial point of departure or to their final destination.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 4 a (new): 4 a. The compensation referred to in paragraph 1 shall be paid by electronic bank transfer to the account indicated by the passenger submitting the request. The operating air carrier and the passenger submitting the request may agree, on a durable medium, that the compensation be paid only by credit card or cash.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 4 b (new): 4 b. The burden of proof to establish when and how the passenger accepted the agreement concerning the form of payment of compensation set out in paragraph 4a of this Article shall rest with the operating air carrier.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 5 – subparagraph 1: Requests for compensation under this Article shall be submitted by the passenger using the pre-filled common form sent by the operating air carrier within one year from the date on which the flight was performed or was scheduled to be performed. Within seven working days of the submission of the request, the operating air carrier shall either pay the compensation or provide the passenger with a justification for not paying the compensation in accordance with Article 5(5) or Article 6(6) and Article 6c, including, if applicable, a clear and substantiated explanation on extraordinary circumstances.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 8, Article 7 – paragraph 6: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – introductory part: In the case of a disruption, the operating air carrier shall, without any further consideration and under the conditions set out in Articles 4, 5, 6, or 6b and in this Article, offer the passengers a choice between the following options, to be provided free of charge:

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 – point a: (a) automatic reimbursement following the completion via the pre-filled common form within seven working days from the passenger’s request of the disrupted flight indicated on the passenger’s ticket, only by electronic bank transfer, credit card refund or bank order to the account indicated by the authorised passenger of the full cost of the tickets, for the part or parts of the journey or journeys not made, and for the part or parts of the journey or journeys already made if the flight is no longer serving any purpose in relation to the passenger's original travel plans, together with, where relevant, a return flight to the initial point of departure, at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 – point b: (b) continuation of the passenger’s journey under comparable transport conditions, by rerouting the passenger to his or her final destination at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time; or

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 – point c: (c) rerouting, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 1 a (new): The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 1 – subparagraph 2: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 2: 2. In order for the passenger to reach his or her destination as determined under paragraph 1 at the earliest opportunity and with a total travel time as close as reasonably possible to the scheduled total travel time of the original flight, the operating air carrier shall, subject to availability and provided that these are under comparable transport conditions as set out in the air transport contract, offer at least one of the following alternative options for the passenger’s consideration and agreement in a signed document or any other digital means on a durable medium:

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 2 – point b: (b) a different routing between the same airports of departure and of arrival as stated in the air transport contract;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 2 – point b a (new): (b a) rerouting to or from alternative airports to the airports stated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger between the airport stated in the air transport contract and the alternative airport;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 2 – subparagraph 2 b (new): In the event of rerouting via another mode of transport or with another air carrier, the operating air carrier shall remain responsible for information, assistance and rerouting only until the departure of that rerouting service. The operating air carrier shall remain responsible for compensation for delay at arrival at the final destination in accordance with Article 7. The carrier operating the rerouting service shall be responsible for all other rights connected to that service in accordance with the applicable Union law on passenger rights for that mode of transport.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 3 – subparagraph 1: Where a passenger informed the operating air carrier of his or her choice to continue his or her journey in accordance with paragraph 1, point (b) and paragraph 4, and if the operating air carrier has not offered within three hours a rerouting under comparable transport conditions, the passenger may arrange his or her own rerouting in accordance with paragraph 2. If the passenger chooses to arrange his or her own rerouting, the passenger shall inform the operating air carrier accordingly. The passenger shall have the right to refuse re-routing options if those re-routing options are not under comparable transport conditions, and, in such case, shall maintain his or her rights to assistance in accordance with Article 9 while waiting for the re-routing.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 3 – subparagraph 3: When arranging their own rerouting, the passengers shall limit the expenses to those that are necessary, reasonable and appropriate. The operating air carrier shall reimburse the expenses not exceeding 400 % of the full cost of the ticket or tickets incurred by the passenger within seven working days of the submission of the request

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 9, Article 8 – paragraph 4 a (new): 4 a. The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form. The burden of proof concerning the passenger's choice shall rest with the operating air carrier. To that end, the operating air carrier shall also ensure that the choice made by the passenger pursuant to this Article is confirmed by means of a signed document or any digital means on a durable medium.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 10, Article 9 – paragraph 1 – subparagraph 1 – introductory part: Where reference is made to this article, passengers shall be offered, free of charge, the following:

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 10, Article 9 – paragraph 1 – subparagraph 1 – point c: (c) internet access and two telephone calls.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 10, Article 9 – paragraph 3: 3. The operating air carrier may use vouchers to meet its obligations under paragraph 1, points (a) and (b) and paragraph 2. The vouchers provided in accordance with paragraph 1 shall be able to be used in all shops providing food and refreshments at the airport where the passengers concerned are stranded, on board their flight, and, as appropriate, at the accommodation provided pursuant to paragraph 2, point (a). A voucher provided in accordance with paragraph 2, point (a) can only be issued if the operating air carrier has pre-booked a room for the passenger concerned.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 10, Article 9 – paragraph 4: 4. Where the operating air carrier does not meet its obligations under paragraphs 1, 2 and 3, the passengers concerned may make their own arrangements. The air carrier operating the disrupted flight shall reimburse the expenses incurred by the passengers within 14 calendar days of the submission of the request for reimbursement, to the extent those expenses are necessary, reasonable and proportionate to the duration of the waiting time and to the costs of accommodation, refreshments and meals at the location of the airport or the location of the accommodation where the passengers are stranded. In case the air carrier fails to provide hotel accommodation within three hours, the passenger shall have the right to arrange their own accommodation and be reimbursed by the air carrier upon the presentation of the corresponding receipt, within seven working days. Where the airport managing body activates its contingency plan, that deadline may be extended to [...] calendar days. The reimbursable amount shall be up to a hotel ceiling referred to in an index published by the Commission reflecting prices in Member States in line with Eurostat data multiplied by a coefficient of 2, in order to account for limited availability and peak-time pricing and to incentivise the provision of accommodation via the operating air carriers within the three-hour deadline. Where the ceiling multiplied by the coefficient is not sufficient to allow the concerned passenger to find appropriate accommodatio…

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 10, Article 9 – paragraph 5: 5. At all Union airports with commercial passenger traffic, the airport managing body shall put in place arrangements to ensure that drinking water and recharging stations for electronic devices can be made available, free of charge, regardless of the time of day, flight or terminal.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 11, Article 10 – paragraph 2 – introductory part: 2. If an operating air carrier places a passenger in a class of transport lower than that for which the ticket was purchased, it shall, without request, within seven working days of the downgrading, by the means provided for in Article 7(6), reimburse:

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 11, Article 10 – paragraph 2 – point a: (a) 30 % of the flight price for all flights of 1 500 kilometres or less, or

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 11, Article 10 – paragraph 2 – point b: (b) 50 % of the flight price for all intra-Union flights of more than 1 500 kilometres and for all other flights between 1 500 and 3 500 kilometres, or

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 11, Article 10 – paragraph 2 – point b a (new): (b a) 75 % of the cost of the flight price for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French outermost regions.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 11, Article 10 – paragraph 5: 5. This Article shall not apply to ancillary services, such as specific seating or catering, which are independent from the class of transport and sold separately.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 12, Article 10a – paragraph 1: 1. At a Union airport with an annual passenger traffic volume of not less than 4 million passengers for at least three consecutive years , the airport managing body shall ensure that the operations of the airport managing body and of airport essential service providers, in particular the air carriers, and the suppliers of groundhandling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport. The contingency plan shall be set up to ensure that adequate information is given to stranded passengers and shall contain arrangements in order to minimise their waiting time and discomfort.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 12, Article 10a – paragraph 3: 3. The contingency plan shall be set up in particular with the participation of the Airport Users Committee referred to in Council Directive 96/67/EC*, of the providers of groundhandling services, and of other airport essential service providers, including special assistance providers for passengers with a disability or with reduced mobility. The contingency plan shall be set up with the participation of the relevant authorities where appropriate. The contingency plan shall also contain the contact data of the person or persons designated by the air carriers participating in the Airport Users Committee in order to represent them on the spot in the case of multiple cancellations, of multiple delays of flights, or both. The air carrier shall ensure that any designated person has the necessary means to assist passengers in accordance with the obligations arising from this Regulation in the case of a disruption.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 12, Article 10a – paragraph 4: 4. The airport managing body shall communicate the contingency plan to the Airport Users Committee referred to in Directive 96/67/EC and, upon request, to the national enforcement body designated pursuant to Article 16. The national enforcement body shall monitor the compliance of the airport managing body with the requirements of this Article.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13, Article 11 – paragraph –1 (new): -1. The rights of persons with disabilities and persons with reduced mobility laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13, Article 11 – paragraph 3: 3. Any person accompanying the persons referred to in paragraph 2 or accompanying a child, under the same air transport contract, shall be offered by the air carrier, free of charge, the possibility of being seated in a seat adjacent to that person or child. Where adjacent seats are unavailable, the air carrier shall endeavour to assist the accompanying person(s) to find adjacent seats.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13, Article 11 – paragraph 4: 4. At boarding, operating air carriers shall give priority to persons referred to in paragraph 2 and any person or recognised assistance dogs accompanying them, as well as to children in a pram or a pushchair with their accompanying person.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13, Article 11 – paragraph 4 a (new): 4 a. Operating air carriers shall ensure, at no additional cost, that infants and children in need of a pram or a pushchair can be transported in a pram or a pushchair up to the boarding gate or aircraft door, and that a pram or a pushchair is made available to them at the aircraft door, unless there are safety, security, capacity or operational constraints.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13, Article 11 – paragraph 4 b (new): 4 b. Where the airport does not fulfil its obligations under Articles 7 and 8 of Regulation 1107/2006 and, as a result, persons with disabilities and persons with reduced mobility or unaccompanied minors miss their flight, the air carrier shall be responsible for compensation, rerouting and assistance of those passengers in accordance with Articles 7, 8 and 9 of this Regulation. By ... [date of application of this amending Regulation], the Commission shall define the detailed arrangements for the application of the respective responsibilities of the air carrier and the airport managing body and the means of redress, through an implementing act in accordance with Article 16bd of this Regulation. This implementing act shall not undermine the air carrier’s responsibilities in relation to the compensation, rerouting and assistance of passengers under this paragraph.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13 a (new), Article 11 a (new): (13 a) the following Article is inserted: / ‘Article 11a / Right to personal item and hand baggage / 1. Passengers shall always have the right to a carry on board one personal item, such as a small bag, handbag, backpack or laptop bag, provided that that it can be safely stowed under the seat in front of the passenger. Air carriers shall not charge the passenger any supplement or additional fees on top of the price of the flight ticket for this personal item. It is mandatory that carriers provide clear, transparent, and easily accessible information on the weight and dimension requirements for the personal item at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey. / 2. Passengers shall always have the right to carry on board one piece of hand baggage. The hand baggage shall not be subject to price supplement on the price of the flight ticket within the maximum dimensions of 100 cm (sum of length, width, and height) and maximum weight of 7 kilos. Air carriers may apply different provisions regarding additional or larger hand baggage. / The hand baggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold. The carrier may refuse to allow the hand baggage on board only on grounds of security connected with the weight or size of the hand baggage in relation to the characteristics of the aircraft. / Air carriers shall provide clear, transparent, and easily accessible information o…

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13 b (new), Article 11 aa (new): (13 b) the following Article is inserted: / 'Article 11aa / Right to transfer a ticket in the case of death of the passenger concerned or of a close family member / 1. A transfer of a ticket to another person shall be permitted in the event of the death of the passenger concerned or of a close family member. The passenger concerned by the loss or the person handling the deceased passenger’s affairs may request the transfer of the ticket upon presentation of appropriate supporting documentation on a durable medium. / 2. Air carriers, operators or intermediaries shall be obliged to process such requests under transparent and fair conditions. / 3. Where such a request is provided at least 72 hours prior to the flight and upon presentation of appropriate supporting documentation on a durable medium, it shall in all cases be considered reasonable and shall not be subject to any additional charge. / 4. Where such a request is provided in the 72 hours prior to the flight departure and upon presentation of appropriate supporting documentation on a durable medium, the air carrier or the intermediary shall inform the transferor of any possible charges that may be incurred. These charges must be reasonable and must not exceed the actual cost borne by the carrier or intermediary for transfer of the ticket.'

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 13 c (new), Article 11 b (new): (13 c) the following Article is inserted: / Article 11b / Check-in / 1. Passengers shall have the right to check in either online or at the airport without incurring any additional charges. For this purpose, air carriers may provide self-service check-in stations at the airport to facilitate the check-in process. / 2. Passengers shall have the right to choose, at their discretion, to use a boarding pass either in paper format or in digital format.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 14 a (new), Article 12 a (new): (14 a) the following Article is inserted: / 'Article 12a / Correction of spelling mistakes / 1. The operating air carrier shall, upon receipt of a request submitted at the latest 48 hours before the scheduled time of departure, correct spelling mistakes in a passenger’s name or update a passenger’s name in the case of an administrative change. Such a correction or update shall be made free of charge at least once. / 2. The request referred to in paragraph 1 may be submitted by: / (a) a passenger in relation to that passenger’s name or the name of any passenger whose ticket is part of the same air transport contract as the ticket of the passenger submitting the request; / (b) an intermediary in relation to the name of a passenger in respect of whom the intermediary has made the booking. / Any correction or update made pursuant to paragraph 1 may not constitute a transfer of ticket from the passenger to another person.'

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 15, Article 13 – paragraph 1: In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable Union or national law. In particular, this Regulation shall in no way restrict the right of the operating air carrier to seek compensation or to recover its costs from an airport or other third party with whom the operating air carrier has a contract.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 1: 1. The operating air carrier and the intermediary shall include on its website and mobile application in a clear, accessible and unambiguous manner an information notice specifying rights under this Regulation, including information on the complaint handling process. In order to comply with this requirement, the operating air carrier may use a summary of the provisions of this Regulation prepared and made available to the public by the Commission in all official languages of the Union.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 2: When offering tickets for a flight or connecting flights and prior to the purchase of such flights, air carriers and intermediaries shall inform the passenger of the following: / (b a) on the core travel services and optional price supplements / (deleted)

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 3: deleted / (deleted)

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4: 4. The airport managing body and operating air carrier shall ensure that at the check-in desks (including at self-service check-in machines), on website and at the boarding gate, the following text is displayed in a manner clearly visible to passengers : “If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, or of more than 3 hours at arrival at your final destination, ask at the check-in counter or boarding gate for the information notice stating your rights, particularly with regard to reimbursement or rerouting, assistance and possible compensation”. That text shall be displayed at least in the language or languages of the location of the airport and in a language that is internationally used. The airport managing body and operating air carrier shall also ensure that at the check-in desks, next to the text, a QR code or any other technical means is displayed to access the mobile application of the Commission on passenger rights containing a summary of this Regulation. To that end, airport managing bodies shall cooperate with operating air carriers.;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 a (new): 4 a. At the time of booking, the operating air carriers shall provide information to passengers on the complaint handling processes and the relevant time limits as defined in Article 15 aa. Information on complaint handling shall also be accessible on the air carriers’ and intermediaries’ websites and applications and shall be communicated in the email that notifies passengers of any event that could give rise to the rights enshrined in this Regulation.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 b (new): 4 b. Air carriers shall set up, at each airport where they operate, contact points at which they shall ensure the presence of contact personnel or a third party commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, in order to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding or lost or delayed baggage. During the air carriers operating hours and until the last passenger disembarks from the last airplane and for the duration of time that can be reasonably expected to complete passport and customs formalities, retrieve any checked-in luggage and arrive at the designated contact point at an unhurried pace, those contact points shall be available for the purpose of assisting passengers concerning inter alia, reimbursement, re-routing, rebooking and of accepting the lodging of their complaints.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 c (new): 4 c. The operating air carrier shall provide the passengers with clearly legible and transparent information about passenger rights and contacts for help and assistance on electronic tickets and electronic and printed versions of a boarding card.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 d (new): 4 d. In the event of any travel disruption that would give rise to the rights set out in this Regulation, the operating air carrier shall, as soon as possible, fully inform the affected passengers and provide them with a notice setting out the rules for reimbursement, rerouting, compensation and assistance in line with this Regulation, including information on possible limitations pursuant to Article 9(4), where relevant, the operating air carrier shall also send the passenger the pre-filled common form pursuant to Article 15a. The contact details of the national enforcement body or other body designated under Article 16 shall also be given to the passenger in written form.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 e (new): 4 e. Air carriers and intermediaries, where relevant, shall provide the information pursuant to this Article in the language of the air transport contract and a in language that is used internationally and on a durable medium.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 f (new): 4 f. The information for, and the correspondence with, passengers under this Regulation shall be provided by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that any written correspondence, including the date and time of such correspondence, can be kept for further reference. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with air carriers and intermediaries. All means of communication shall enable the passenger to contact air carriers and intermediaries quickly, free of charge and to communicate effectively.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 g (new): 4 g. In respect of blind and visually impaired persons, persons with cognitive or intellectual disabilities, and persons with reduced mobility, this Article shall be applied using appropriate alternative and accessible means.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 h (new): 4 h. The airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport. On the basis of the information received, it shall also ensure that passengers present at the airport are informed about the causes in cases of delays and flight disruptions, such as the cancellation of their flight, and their rights in relation to those delays and disruptions, and about their rights in the event that the airline unexpectedly ceases operations, for example in the event of its insolvency or revocation of its operating licence.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 i (new): 4 i. In the event of cancellation or delay at departure, passengers shall be informed by the operating air carrier of the situation, including of the cause of the disruption, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time, provided that the air carrier has received the passenger's contact details in accordance with [*Enforcement Regulation] in case the ticket was acquired via an intermediary.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 j (new): 4 j. Air carriers and intermediaries shall provide accessible and effective telephone assistance for all passengers once a flight has been booked; this telephone assistance service shall provide information and alternative proposals in the event of flight disruption and shall under no circumstances exceed the cost of a local call.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 16, Article 14 – paragraph 4 k (new): 4 k. Any electronic communication to the passenger notifying him or her of cancellation, long delay, or change of schedule shall state prominently that the passenger may be entitled to compensation and/or assistance under this Regulation.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 1: 1. Each air carrier and intermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 2: 2. Passengers may submit a complaint to any air carriers or intermediaries regarding their respective fields of responsibility via the mechanisms referred to in paragraph 1. Such a complaint shall be submitted within one year from the date on which the flight departed or was scheduled to depart.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 2 a (new): 2 a. Where the air carrier invokes extraordinary circumstances, it shall inform the passenger in its reply of the specific circumstances responsible for the cancellation or delay. The air carrier shall also show that it took all reasonable measures to avoid the cancellation or delay.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 2 b (new): 2 b. The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier and the intermediary.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 3: 3. Within seven working days of receiving the complaint, the addressee shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the addressee shall provide a reasoned answer to the passenger. Where the addressee does not provide such answer within that two-month period, it shall be deemed to have accepted the passenger’s claims.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 3 a (new): 3 a. With the reasoned answer, the addressee shall also inform the passenger in a clear manner of the contact details of the body or bodies designated by Member States pursuant to Article 16 and of the body or bodies responsible for the out-of-court resolution of disputes under Article 16a and, where relevant, their respective responsibilities.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 3 b (new): 3 b. Where the air carrier invokes extraordinary circumstances, it shall inform the passenger in its answer of the specific circumstances that led to the cancellation or delay. The air carrier shall also demonstrate that it took all reasonable measures to avoid the cancellation or delay.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 17, Article 15a – paragraph 3 c (new): 3 c. The burden of proof regarding the provision of the requisite information to passengers shall rest with the air carrier and the intermediary.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18, Article 16 – title: Designation of national enforcement bodies

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18, Article 16 – paragraph 1: 1. Each Member State shall designate a body or bodies responsible for the enforcement of obligations laid down in this Regulation

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18, Article 16 – paragraph 2: 2. Each body shall be independent in its organisation, funding decisions, legal structure and decision-making of any air carrier, airport managing body and intermediary or other commercial interests.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18, Article 16 – paragraph 2 a (new): 2 a. Member States shall inform the Commission of the body or bodies designated in accordance with this Article and of its or their respective responsibilities, including any changes thereof. The Commission and the body or bodies designated shall publish that information on their websites.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18, Article 16 – paragraph 3: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18, Article 16 – paragraph 4: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18, Article 16 – paragraph 5: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18 a (new), Article 16 –a (new): (18 a) the following Article is inserted: / ‘Article 16 -a / Enforcement tasks / 1. The national enforcement body shall closely monitor compliance with this Regulation and shall take the measures necessary to ensure that the rights of passengers are upheld. / 2. The national enforcement bodies may request air carriers, airport management bodies and intermediaries to provide documents and information that are relevant for the purposes of carrying out their functions referred to in paragraph 1. Such documents and information shall be provided within one month from the receipt of the request, unless otherwise specified by the national enforcement body. / 3. In carrying out their functions, the national enforcement bodies shall take account, where relevant, of the information submitted to them by the other body designated to handle complaints as defined in Article 16b paragraph 2. / 4. Monitoring activities may be performed jointly by national enforcement bodies in the event of air services between two or several Member States. / 5. Member States shall ensure that their respective national enforcement bodies are given sufficient power to take enforcement actions. / 6. In the event that the air carrier invokes extraordinary circumstances as a justification for refusing compensation under this Regulation, the air carrier shall substantiate its claim by providing adequate evidence on those circumstances and related technical issues to the national enforcement bodies within 48 hours.…

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18 b (new), Article 16 –a a (new): (18 b) the following Article is inserted: / Article 16 -aa / Complaint handling by national enforcement bodies and other bodies / 1. Without prejudice to the rights of consumers to seek alternative redress pursuant to Directive 2013/11/EU of the European Parliament and of the Council1a, after having complained unsuccessfully to the air carrier or intermediary pursuant to Article 13a, the passenger may complain to the national enforcement body or any other body designated under paragraph 2 of this Article no later than one year from receiving information on the rejection of the original complaint by the air carrier or the intermediary. / 2. Any passenger may complain about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to such airports, either to the national enforcement body, or to any other body designated by a Member State for that purpose. / 3. The national enforcement body or any other body designated under paragraph 2 shall acknowledge receipt of the complaint within two weeks of receiving it. The complaint-handling procedure shall take a maximum of three months from the date of the establishment of the complaint file. The complaint-handling procedure shall be made accessible to persons with disabilities and to persons with reduced mobility in accessible format. / 4. Where a complaint relates to alleged infring…

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18 c (new), Article 16 –a b (new): (18 c) the following Article is inserted: / Article 16 -ab / 1. Where different bodies are designated by a Member State under Articles 16 and 16b of this Regulation by, those bodies shall ensure the exchange of relevant information between them, in accordance with Regulation (EU) 2016/679, in order to help the national enforcement body to carry out its tasks of supervision and enforcement, and so that the complaint-handling body designated under Article 16b can collect the information necessary to examine individual complaints. / 2. National enforcement bodies of different Member States shall exchange information on their work and decision-making principles and practices for the purpose of cross-border coordination. The Commission shall support them in that task.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18 d (new), Article 16 –a c (new): (18 d) the following Article is inserted: / Article 16 -ac / Inspections of national enforcement bodies / 1. The Commission may conduct inspections of national enforcement bodies in order to monitor the application by Member States of the Regulation and to make recommendations to improve its enforcement. / 2. The Commission shall in good time before an inspection inform the Member State concerned thereof. / 3. Each Commission inspection report shall be communicated to the national enforcement authority of the Member State concerned, which shall, in its reply, set out the measures taken to remedy the non-compliances identified and address the recommendations. / 4. The report, together with the reply of the national enforcement body, shall subsequently be communicated to the national enforcement bodies of the other Member States, where appropriate.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18 e (new), Article 16 –a d (new): (18 e) the following Article is inserted: / Article 16 -ad / Penalties / 1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. / 2. In the framework of cooperation referred to in Article 16c the national enforcement body which is competent for the purposes of Article 16 b (4) or (5) shall, at the request of the national enforcement body handling the complaint, investigate the infringement of this Regulation identified by that body and, if necessary, impose penalties.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 18 f (new), Article 16 –a e (new): (18 f) the following Article is inserted: / Article 16 -ae / Cooperation between Member States and the Commission / 1. The Member States shall regularly send relevant information concerning the application of this Regulation to the Commission, which will make this information available in electronic form to other Member States. / 2. At the request of the Commission, the national enforcement bodies shall investigate specific suspected practices of non-compliance with the obligations laid down in this Regulation by one or several air carriers, airport managing bodies and report its findings to the Commission within four months of the request. / 3. The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 16a of [Enforcement Regulation]. / 4. At the request of a Member State, a national enforcement body, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise. / 5. The Commission may, where appropriate, adopt guidelines with a view to promote common application of this Regulation.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 19, Article 16 a – paragraph 1: Member States shall ensure that air passengers can submit individual disputes following complaints or requests under this Regulation to a body or bodies responsible for the out-of-court resolution of disputes. Member States shall inform the Commission of the body or bodies responsible for the handling of disputes under this Article. The participation of air carriers and intermediaries, under the scope of this Regulation in alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system.;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 19 a (new), Article 16a a (new): (19 a) the following Article is inserted: / Article 16aa / Compliance documents / 1. Union air carriers shall prepare and submit to the national enforcement body of the Member State that issued their operating licence pursuant to Regulation (EC) No 1008/2008 and to the Commission by [1 January xxxx] a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of this Regulation. / 2. The Commission may adopt implementing acts, laying down the minimum contents of such compliance documents. The minimum contents shall at least contain contingency plans for major disruptions, identify those responsible for providing assistance and other rights, the practical arrangements and procedures by which complaints are handled and assistance and compensation are provided, and procedures and templates for communication with passengers. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16c (2). / 3. Any other carrier providing services from a Union airport shall submit a compliance document to the national enforcement body s of all Member States in which they operate and to the Commission. / 4. Air Carriers shall review their compliance documents and submit updated versions to the relevant national enforcement body or bodies and to the Commission every three years starting on [1 January xxxx]. / 5. The national enforcement body shall t…

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 19 b (new), Article 16a b (new): (19 b) the following Article is inserted: / Article 16ab / Exercise of delegation / 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. / 2. The power to adopt delegated acts referred to in Article 6c and Article 7 shall be conferred on the Commission for a period of five years from [the date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. / 3. The delegation of powers referred to in Article 6c and Article 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. / 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. / 5. As soon as it adopts a delega…

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 19 c (new), Article 16a c (new): (19 c) the following Article is inserted: / Article 16ac / Committee procedure / 1. The Commission shall be assisted by the Passenger Rights Committee, composed of two representatives of each Member State and of which at least one will represent a national enforcement body. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. / 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 20, Article 17 – paragraph 1: deleted / (deleted)

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 20, Article 17 – paragraph 2 – subparagraph 2: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 20, Article 17 – paragraph 2 – subparagraph 3 – point a: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Article 1 – paragraph 1 – point 20, Article 17 – paragraph 2 – subparagraph 3 – point b: deleted

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 1 – point b, Article 2 – paragraph 1 – point l: (l) “personal item” means a piece of unchecked baggage, which complies with security and safety requirements, and either with maximum dimensions of 40x30x15cm or on condition that it fits under the seat in front of the seat in which the passenger is sitting;

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 3, Article 3 – paragraph 2: (3) in Article 3, paragraph 2 is replaced by the following: / '2. At all airports within the Union, the Union air carrier and the ground handlers acting on its behalf shall establish a service that provides passengers with complaint forms which allow them to immediately submit a complaint about damaged or delayed baggage upon arrival. Likewise, the Union air carrier shall ensure that passengers are provided with easy and user-friendly access to the complaint form referred to in this paragraph through the use of QR codes. Such QR codes shall be communicated and displayed in a clear and visible manner, including at check-in desks, airport service desks, boarding gates and on the air carrier’s website or equivalent online platform, so as to allow passengers to access the complaint form swiftly and without undue difficulty. The complaint form, which may take the form of a Property Irregularity Report (PIR), shall be accepted by the air carrier at the airport as a complaint pursuant to Article 31(2) of the Montreal Convention. This possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines prescribed by the Montreal Convention’.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 3 a (new), Article 3 – paragraph 2 a (new): (3 a) 2a. The Commission may adopt implementing acts to lay down the form of the standardised claim form. Those implementing acts shall be adopted in accordance with the advisory/examination procedure referred to in Article 6f(2).

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 5, Article 5 – paragraph 3 a (new): 3 a. If baggage is lost, delayed or damaged, air carriers shall first compensate the passengers with whom they have concluded a contract before being able to bring any claim against the airports or service providers for the damage, for which they are not necessarily responsible.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 6 – point a, Article 6 – paragraph 1: 1. All air carriers shall, when selling carriage by air in the Union, provide passengers in a clear and accessible manner with comprehensive information on the applicable procedures to be followed in the event of lost, delayed or damaged baggage. Air carriers shall ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, is made available to passengers at all points of sale, including sale by telephone and via the Internet. In order to comply with this information requirement, Union air carriers shall use the notice contained in the Annex. Such summary or notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of this Regulation or the Montreal Convention.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 6 – point a a (new), Article 6 – paragraph 1 a (new): (a a) the following paragraph is inserted: / 1a. All air carriers shall, when selling carriage by air in the Union, ensure that a summary of the main provisions governing liability for passengers and their baggage, including deadlines for filing an action for compensation and the possibility of making a special declaration for baggage, is made available to passengers at all points of sale, including sale by telephone and via the Internet. In order to comply with this information requirement, Union air carriers shall use the notice contained in the Annex. Such summary or notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of this Regulation or the Montreal Convention. The Commission is empowered to adopt delegated acts in accordance with Article 6d to adjust the amounts mentioned in the Annex, with the exception of the amount mentioned in Article 5(2), in light of a decision by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6a – paragraph 1 – subparagraph 1: Whenever carrying checked-in mobility equipment or recognised assistance dogs, the Union air carrier shall make passengers aware of their rights and ensure that each person with disabilities or person with reduced mobility is offered the option to make a special declaration of interest in delivery at destination, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at booking, at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006, and at the latest when the equipment is handed over to the air carrier and, in the case of a recognised assistance dog, at boarding. In that case, the Union air carrier shall not charge the passengers concerned an additional fee. The Commission shall adopt implementing acts laying down the model form to be used for such a declaration of interest. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article [6f(2]). Where the equipment is destroyed, lost, damaged or delayed, or in the case of the death of, or injury to, a recognised assistance dog, the Union air carrier may require proof of the cost of replacement, including temporary replacement, of the mobility equipment or the recognised assistance dog from the person with disabilities or person with reduced mobility to support the amount declared in the special declaration of interest.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6a – paragraph 1 – subparagraph 2: When selling carriage by air on behalf of the Union air carrier, intermediaries shall make passengers aware of their rights and offer the passengers concerned the option to make a special declaration of interest, in an accessible format, pursuant to Article 22(2) of the Montreal Convention, at booking and at the same time as the notification pursuant to Article 6 of Regulation (EC) No 1107/2006. This special declaration of interest shall be given under the same conditions as set out in the first subparagraph. The intermediary shall transmit the declaration to the Union air carrier as soon as possible.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6a a (new): The following Article is inserted: / Article 6aa / 1. The national enforcement body designated under Article 16 of Regulation (EC) No 261/2004 shall ensure compliance with this Regulation. For this purpose, it shall monitor: / – the terms and conditions of air transport contracts; / – the systematic offer of a special declaration of interest for checked mobility equipment, and of an appropriate level of compensation in case of damage caused to mobility equipment; / – the payment of an advance payment under Article 5(1) when applicable / – the application of Article 6. / 2. For the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in case of damage to their mobility equipment or assistive devices, the national enforcement body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under Article 16a of Regulation (EC) No 261/2004. / 3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. / 4. In their annual reports pursuant to Article 16(6) of Regulation (EC) No 261/2004, the National Enforcement Bodies shall also publish statistics on their activity and on the sanctions applied with regard to the application of this Regulation.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6b – paragraph 1 – subparagraph 1 a (new): Core travel services and additional charges must be clearly identifiable and capable of being purchased separately from each other.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6b – paragraph 1 – subparagraph 1 b (new): If hand baggage is moved from the cabin of the aircraft to its hold before boarding or take-off, it must be returned to passengers as they disembark the aircraft, as hand baggage.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6b – paragraph 2: 2. Without prejudice to Regulation (EC) No 1107/2006, air carriers shall permit passengers to carry a personal item and hand baggage within the maximum dimensions of 100 cm (sum of length, width, and height) in the cabin and at no extra cost in accordance with (EC) No 261/2004. Carry-on baggage allowances may be expressed in maximum dimensions or maximum weights of the total carry-on allowance per passenger, or both, but without any restriction on the specific number of items carried.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6b – paragraph 4: 4. Paragraphs 2 and 3 shall apply to all air carriers departing from an airport located in the territory of a Member State to which the Treaties apply and to all air carriers arriving in the territory of a Member State to which the Treaties apply.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6c – paragraph 1: 1. A Union air carrier shall permit a passenger to carry a musical instrument in the passenger cabin of an aircraft subject to applicable security and safety rules and the technical specifications and constraints of the aircraft concerned. Musical instruments shall be accepted for carriage within an aircraft cabin provided that those instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat. When accepted for carriage within the aircraft cabin, a musical instrument shall form part of a passenger’s hand baggage allowance. The air carrier may determine that additional charges are to apply for hand baggage to be carried in addition to that allowance.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6c – paragraph 2: 2. Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as hand baggage on a second seat. Such additional fare shall not be subject to the payment of the relevant airport departure tax. Where a second seat is purchased an air carrier shall make reasonable efforts to seat the passenger and the musical instrument concerned together.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6c – paragraph 2 a (new): 2 a. Where space is available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold, subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. Air carriers shall provide special tags for clear display on musical instruments to ensure that they are handled with the necessary care. Only instruments that are properly packaged in a rigid and/or hard-shell container specifically designed for such items shall be allowed to be carried as aircraft cargo.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6c – paragraph 2 b (new): 2 b. An air carrier shall clearly indicate at booking and in its terms and conditions the basis on which musical instruments will be transported, including the applicable charges, the facilities for the carriage of musical instruments that are available on the aircraft concerned and the dimensions of these facilities. Where a second seat needs to be booked, passengers shall be offered the possibility of booking that second seat online.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 7, Article 6 d (new): The following Article is inserted : / Article 6d / 1. The Commission shall be assisted by the Passengers Rights Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. / 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Removed:Council position

Removed:Regulation (EC) No 2027/97

Removed:Article 2 – paragraph 1 – point 8, Article 7 – paragraph 1: The Commission shall report to the European Parliament and the Council by … [three years from the date of entry into force of this amending Regulation] on the operation and the results of this Regulation.; The report shall be accompanied, where necessary, by legislative proposal.

Removed:Council position

Removed:Article 3 – paragraph 2: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – title: Exhaustive list of circumstances capable of being considered as extraordinary circumstances for the purposes of this Regulation

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1: 1. The following circumstances shall be capable of being considered as extraordinary:

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point a: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point a – point i: (i) natural disasters which are incompatible with the safe operation of the flight;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point a – point ii: (ii) meteorological conditions incompatible with flight safety or that have damaged the aircraft in flight or on the tarmac after service release and rendering the safe operation of the flight impossible;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point a – point iii: (iii) war, political unrest, acts of sabotage or terrorism rendering the safe operation of the flight impossible;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point a – point iv: (iv) health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; / (deleted)

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 –point a – point v: (v) damage to an aircraft caused by a foreign object lying on an airport runaway;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point b: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point b – point i: (i) unruly behaviour of a passenger which causes the pilot in command of the aircraft to divert the flight concerned to an airport other than the airport of arrival in order to disembark this passenger or passengers and their baggage;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point b – point ii: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point i: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point ii: (ii) hidden manufacturing or design defects, revealed by the manufacturer or a competent authority, and which are incompatible with the safe operation of the flight;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point iii: (iii) unforeseen air traffic management or airport capacity restrictions, or unforeseen closure of airspace, including runway closures by the authorities;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point iv: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point v: (v) unforeseen labour disputes at the operating air carrier or at essential service providers such as airports and Air Navigation Service Providers, excluding strikes by airline staff unless originating from demands that only public authorities can satisfy;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 –point c – point vi: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point vii: (vii) a collision of an aircraft in a parking position with an aircraft of another airline caused by the movement of the aircraft of the other airline;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point viii: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point ix: (ix) the presence of petrol on a runway resulting in the closure of the airport and, consequently, the significant delay of a flight to or from this airport, provided the petrol does not come from an aircraft of the air carrier operating the flight;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point x: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point xi: deleted

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 –point c – point xi a (new): (xi a) collision between an aircraft and a bird and any damage caused by such a collision;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point xi b (new): (xi b) shortage of staff at the airport providing baggage loading services;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point xi c (new): (xi c) airport congestion due to meteorological conditions, resulting in an obligation on the aircraft operator to delay or cancel the flight;

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 1 – point c – point xi d (new): (xi d) a generalised breakdown of the aircraft refuelling system, where the airport of origin of the flight or aircraft concerned is responsible for the aircraft refuelling system.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex I, Annex I – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex II, Annex II – point 5 – subparagraph 2: In case of unchecked baggage (hand baggage), including personal items, the air carrier is only liable if the damage has resulted from its fault or that of its servants or agents.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex II, Annex II – point 6 – subparagraph 1: A passenger can benefit from a higher liability limit by making a special declaration at check-in, at the latest, and by paying a supplementary fee if so required. That supplementary fee shall be based on a tariff which is related to the additional costs involved in transporting and insuring the baggage concerned over and above the liability limit of the limit under Article 22(2) of the Montreal Convention as updated by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention (the air carrier shall indicate between brackets the approximate amount in local currency). The tariff shall be made available to passengers upon request.

Removed:Council position

Removed:Regulation (EC) No 261/2004

Removed:Annex II, Annex II – point 8 – title: TIME LIMIT FOR COMPLAINTS ON BAGGAGE

Removed:SHORT JUSTIFICATION

Removed:The Air Passenger Rights Regulation (“261”) is a major piece in European consumer protection, granting passengers rights for significant flight disruptions. The regulation is now at a pivotal moment, with negotiations between the Council and Parliament in second reading attempting to reach an agreement after the file remained blocked in Council for 11 years.

Removed:In an unprecedented move, the Council invoked second reading against Parliament’s explicit and constructive request to continue at first reading, claiming this would accelerate negotiations—while effectively placing Parliament under pressure, presumably assuming that the necessary majorities would be more difficult to reach. In this regard, the TRAN Committee has expressed that this step represents a departure from the principle of loyal interinstitutional cooperation.

Removed:The TRAN Committee has remained united and firm in its unanimous response to Council’s maneuver by adopting guidelines for second-reading negotiations on 13 October 2025. This draft recommendation builds on those guidelines while adjusting several provisions in light of ongoing negotiations, where limited advances have been possible and where the text could be further improved. The amendments tabled by the Rapporteur in this draft recommendation to Council first reading position have been consolidated, and will undergo further consolidation at the amendment stage, in cooperation with the shadows of all groups involved in the negotiations, in a strong spirit of unity. They are based on the following principles:

Removed:1. No Rollback of Passenger Rights

Removed:Parliament’s primary principle in these negotiations is the preservation of existing passenger rights. From the outset, it has been made clear that any rollback of rights—such as raising the three-hour threshold for compensation or decreasing the compensation amounts —would be unacceptable. This is not merely a political stance, it is grounded in two decades of legal and regulatory developments, reinforced by a substantial body of case law from the Court of Justice of the EU.

Removed:The 2004 Regulation was adopted with the explicit objective of ensuring “a high level of protection for passengers” and “raising standards of protection,” reflecting the co-legislators’ clear intent to protect passengers against travel disruptions. Any attempt to reduce current entitlements on the basis of outdated and biased data would not only contradict this intent but would also undermine legal certainty, expose the Regulation to legal challenges, and be politically indefensible before EU citizens.

Removed:The vast majority of delays occur under three hours, highlighting that the current thresholds focus on the most serious disruptions. Furthermore, delays caused by extraordinary circumstances remain excluded, limiting airline responsibility to situations within their control and ensuring that economic impacts remain manageable. Parliament’s position thus maintains a strong focus on protecting citizens while balancing practical considerations for airlines.

Removed:2. A Truly Balanced Approach Between Airlines and Passengers

Removed:Parliament is committed to a balanced approach that safeguards passenger rights without imposing unnecessary burdens on airlines. This balance can be achieved through targeted measures that improve efficiency, clarity and fairness. Key proposals in the amendments include:

Removed:Simplified Claims Procedures: Parliament seeks to simplify claims processing, making it faster and less bureaucratic for both passengers and airlines. This includes eliminating de facto dependence on claims agencies by providing direct, unambiguous access to rights enforcement and quasi-automatic reimbursement and compensation in all categories of disruption, via an obligation on air carriers to proactively provide passengers with a pre-filled form.

Removed:Scope Expansion: The Regulation should apply consistently across all flights within the EU and flights arriving from or departing to third countries, ensuring equal treatment for passengers irrespective of carrier nationality. This addresses competitive disparities between EU and non-EU airlines, particularly on long-haul routes and constitutes an important step towards a more level playing field.

Removed:Avoid undue financial burden for airlines: The draft recommendation supports a cap to the number of hotel nights airlines must cover for passengers when a journey cannot continue due to extraordinary circumstances. By allowing carriers to cap the number of hotel nights they must provide in cases of extraordinary circumstances, the text ensures that airlines are not obliged to cover unlimited accommodation costs for disruptions they could neither foresee nor prevent. In essence, it draws a fair boundary between genuine passenger assistance and undue financial burden for situations for which the airline bears no fault.

Removed:Baggage Rights and Information: Clear and timely information must be provided to passengers regarding baggage procedures, including remedies for delayed, lost, or damaged baggage. Practical solutions such as QR codes linking to European Commission smartphone application or directly providing access to the complaint form would empower passengers without imposing unnecessary costs.

Removed:Check-in and Boarding Pass Rules: Airport check-in fees should be prohibited, and passengers must retain the right to choose between digital and paper boarding passes. These measures prevent discriminatory practices and protect passengers’ freedom of choice.

Removed:3. Improved Rights for Special Category Passengers

Removed:Special attention is given to passengers with disabilities, reduced mobility, and children. Parliament emphasises that these passengers must receive additional protections, to reflect the EU’s commitment to inclusivity, accessibility, and social responsibility, ensuring that all passengers can travel with dignity. This includes a right for compensation under this regulation for PRMs who have missed a flight due to the non-provision of assistance that has been requested within the deadlines, a right for the accompanying person to be seated on an adjacent seat free of charge and also right for parents or guardians of little children to bring a pram or a pushchair to the aircraft door at the airport of departure and to receive it back at the aircraft door at the airport of arrival.

Removed:4. Legal Certainty

Removed:Legal certainty is a cornerstone of this draft recommendation. Over the past decades, numerous Court interventions have been necessary to clarify the original Regulation. To prevent future disputes, Parliament proposes codifying to the extent possible settled case law into the revised Regulation. This includes rules on:

Removed:Denied Boarding and Overbooking: Ensuring immediate, enforceable compensation for passengers denied boarding through no fault of their own.

Removed:Cancellations and Rerouting: Clear options for passengers, with transparent and immediate offers of rerouting or refunds.

Removed:Hand Luggage: Codifying Court guidance to prohibit airlines from charging excessive fees for hand luggage.

Removed:Extraordinary Circumstances: An exhaustive and updateable list clarifies airline responsibility while remaining flexible for unforeseen events.

Removed:These measures will reduce ambiguity, prevent litigation, and ensure that passenger rights are both respected and enforceable.

Removed:***

Removed:This draft recommendation reflects the Rapporteur’s determination to deliver a modernised and balanced Regulation 261. It consolidates the TRAN Committee’s unified position, integrates feedback from the political groups, and incorporates improvements identified during negotiations. Amendments in this draft report maintain fairness for passengers while remaining mindful of the financial burden of airlines and their international competitiveness. Parliament remains committed to reaching a high-quality agreement, while fully safeguarding the already existing rights EU passengers have relied upon for two decades.