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

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.;