What changed between the adopted text of 21 Jan 2026 and the adopted text of 7 Jul 2026

Removed:(21) the text set out in Annex I to this Regulation is added as the Annex to Regulation (EC) No 261/2004.

Removed:Article 2

Removed:Regulation (EC) No 2027/97 is amended as follows:

Removed:(1) in Article 2, paragraph 1 is amended as follows:

Removed:(a) point (b) is replaced by the following:

Removed:‘(b) “Union air carrier” shall mean an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EC) No 1008/2008 of the European Parliament and of the Council*;

Removed:________________

Removed:* Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3, ELI: http://data.europa.eu/eli/reg/2008/1008/oj).’;

Removed:(b) the followings points are added:

Removed:‘(h) “mobility equipment” shall mean any equipment that is intended to assist persons with disabilities or persons with reduced mobility, within the meaning of Article 2, point (a), of Regulation (EC) No 1107/2006 of the European Parliament and of the Council*, with their mobility;

Removed:(i) “recognised assistance dog” means a dog specifically trained to increase independence and self-determination of persons with disabilities, officially recognised in accordance with applicable national rules, where such rules exist;

Removed:(j) “accessible format” means a format that gives a person with disabilities or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable legislation, in particular Directive (EU) 2019/882 of the European Parliament and of the Council**;

Removed:(k) “intermediary” means any natural or legal person, other than a carrier, which is acting, for purposes relating to their trade, business or profession, on behalf of a carrier or a passenger for the conclusion of a transport contract;

Removed:(l) “personal item” means a piece of unchecked baggage, constituting a necessary aspect of the carriage of passengers, 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; [Am. 193]

Removed:(m) “hand baggage” means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements.

Removed:________________

Removed:Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/1107/oj).

Removed:** Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).’;

Removed:(2) in Article 3, paragraph 1 is replaced by the following:

Removed:‘The liability of a Union air carrier in respect of passengers and their baggage shall be governed by all provisions of the Montreal Convention relevant to such liability. This includes the liability of a Union air carrier concerning passenger or baggage delay.’;

Removed:(3) in Article 3, paragraph 2 is deleted;replaced by the following:

Removed:‘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. [Am. 194]

Removed:2а. 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).’; [Am. 195]

Removed:(4) Article 3a is replaced by the following:

Removed:‘Article 3a

Removed:The supplementary sum which, in accordance with Article 22(2) of the Montreal Convention, and without prejudice to Article 6a, may be demanded by a Union air carrier when a passenger makes a special declaration of interest in delivery of their baggage at destination, shall be based on a tariff which reflects the additional costs of transport and insurance for baggage valued above the liability limit. The tariff shall be made available to passengers on request.’;

Removed:(5) Article 5 is replaced by the following:

Removed:‘Article 5

Removed:1. In the case of death or injury of passengers, the Union air carrier shall without delay, and in any event not later than fifteen days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered.

Removed:2. Without prejudice to paragraph 1, an advance payment in the case of death of passengers, shall not be less than 16 % per passenger, of the minimum amount of liability set under Article 21(1) of the Montreal Convention and by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention.

Removed:3. An advance payment shall not constitute recognition of liability and may be offset against any subsequent sums paid on the basis of Union air carrier liability, but is not returnable, except in the cases prescribed in Article 20 of the Montreal Convention or where the person who received the advance payment was not the person entitled to compensation.

Removed:3a. 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.’; [Am. 196]

Removed:(6) Article 6 is amended as follows:

Removed:(a) paragraph 1 is replaced by the following:

Removed:‘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 throughvia 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.’; [Am. 197]

Removed:(aa) the following paragraph is inserted:

Removed:‘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.’; [Am. 198]

Removed:(b) in paragraph 2 the following indent is added:

Removed:‘– the right to make, free of charge, a special declaration of interest on the value of their mobility equipment where the passenger is a person with disabilities or a person with reduced mobility.’;

Removed:(c) paragraph 3 is replaced by the following:

Removed:‘3. In the case of all carriage performed by Union air carriers, the limits indicated in accordance with the information requirements of paragraphs 1 and 2 shall be those established by this Regulation unless the Union air carrier applies higher limits by way of voluntary undertaking. In the case of all carriage performed by third country air carriers, paragraphs 1 and 2 shall apply only in relation to carriage to, from or within the Union.’;

Removed:(d) the following paragraphs are added:

Removed:‘4. All air carriers shall, on their mobile applications and on their websites, provide a form which allows the passenger to immediately file an online or a hardcopy complaint about damaged, delayed or lost baggage. The date of submission of the form shall be considered by the air carrier as the filing date of the complaint pursuant to Article 31(2) and 31(3) of the Montreal Convention, even if the air carrier requests further information at a later date. This paragraph shall not affect the right of the passenger to submit a complaint through other means within the deadlines given by the Montreal Convention.

Removed:5. All information provided pursuant to this Article, and complaint forms, shall be in an accessible format and made available also to persons who do not use digital tools.

Removed:6. All information obligations pursuant to this Article shall also apply to intermediaries, when selling carriage by air to, from or within the Union.’;

Removed:(7) the following articles are inserted:

Removed:‘Article 6a

Removed: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. [Am. 199]

Removed: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. [Am. 200]

Removed:2. In the case of destruction, loss, damage or delay in the carriage of checked mobility equipment or in case of death of or injury to a recognised assistance dog, the Union air carrier shall be liable to pay a sum not exceeding the sum declared by the passenger; unless it proves that the sum claimed is greater than the person’s actual interest in delivery at destination.

Removed:3. Where paragraph 2 applies, and without prejudice to Articles 7, 8 and Annex I, fourth subparagraph, of Regulation (EC) No 1107/2006, the Union air carriers shall rapidly make all reasonable efforts to provide immediately needed temporary replacements for checked mobility equipment and temporary solutions in replacement of recognised assistance dogs. The person with disabilities or the person with reduced mobility shall be permitted to keep that temporary replacement free of charge until the compensation referred to in paragraph 2 has been paid or until the Union air carriers have compensated the legal or natural persons for the costs of needed temporary replacement of mobility equipment or of a recognised assistance dog.

Removed:4. Compliance with paragraph 3 shall not constitute a recognition of liability of the Union air carrier.

Removed:Article 6aa

Removed: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:

Removed:a) the terms and conditions of air transport contracts;

Removed:b) 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;

Removed:c) the payment of an advance payment under Article 5(1) when applicable;

Removed:d) the application of Article 6.

Removed: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.

Removed:3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive.