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REPORT (COM(2023)0753 – C90434/2023 – 2023/0437(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union

A-10-2025-0136

Committee on Transport and Tourism · Rapporteur: Matteo Ricci

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Parliament's amended version of the Commission proposal amending five passenger rights regulations (air, sea, bus and rail) to improve enforcement across the Union. It sets new definitions, including for extraordinary circumstances, cancellation, personal items, hand baggage, recognised assistance dogs and accessible formats. It strengthens the role, powers and independence of national enforcement bodies, adds complaint-handling deadlines, cross-border cooperation, Commission inspections and penalty rules. It clarifies reimbursement through intermediaries, ticket transfer rights, free hand luggage and seat allocation for children, and full compensation for lost or damaged mobility equipment. It requires a common form for compensation and reimbursement requests, service quality standards, and better information to passengers.

Committee position. The committee proposes to amend the Commission proposal to strengthen passenger rights, harmonise rules across transport modes, clarify definitions of extraordinary circumstances and cancellation, and enhance enforcement by national bodies.

Key points

  1. Regulation (EC) No 261/2004 would apply to all flights within the Union and to all flights departing from or arriving in the Union.
  2. A flight is considered cancelled when the aircraft lands elsewhere, returns to departure, passengers are transferred to other flights, or departure is brought forward by more than an hour.
  3. Extraordinary circumstances are limited to an exhaustive list in Annex IIa; air carriers must inform passengers within 48 hours whether such circumstances apply.
  4. Where a ticket is bought through an intermediary, the intermediary must reimburse the passenger free of charge, and air carriers and intermediaries must inform passengers about the reimbursement process.
  5. Air carriers must reimburse intermediaries within seven days, and intermediaries must reimburse passengers within a further seven days; if payment fails, the carrier must contact the passenger after 14 days.
  6. Passengers may change the name on a ticket or transfer it in exceptional circumstances, with notification at least 72 hours before the flight free of charge.
  7. Passengers have the right to one personal item free of charge and one piece of hand luggage up to 100 cm and 7 kilos without a price supplement.
  8. Air carriers must give priority to persons with reduced mobility and recognised assistance dogs, and provide free adjacent seating for accompanying persons, infants and children under 12.
  9. Air carriers and airport managing bodies are liable for loss of or damage to mobility equipment, assistive devices and recognised assistance dogs, and must compensate without undue delay.
  10. Air carriers and intermediaries must set up complaint-handling mechanisms, confirm receipt within 7 working days and give a reasoned answer within two months, or the claim is deemed accepted.
  11. National enforcement bodies must be independent, monitor compliance, exchange information across borders, and may take enforcement actions; the Commission may conduct inspections.
  12. Member States must lay down effective, proportionate and dissuasive penalties for infringements, and the Commission must report on the operation of the rules.

Who is affected

  • Air carriers, airport managing bodies and intermediaries must comply with new reimbursement, information and complaint-handling duties.
  • Passengers gain rights to free hand luggage, ticket transfer, clearer reimbursement and faster complaint handling.
  • Persons with disabilities and reduced mobility benefit from full compensation for mobility equipment and free adjacent seating for accompanying persons.
  • National enforcement bodies receive stronger powers, independence requirements and cross-border cooperation duties.
  • Rail, sea, bus and coach carriers and terminal operators face similar enforcement, complaint-handling and service quality rules.

Figures and deadlines

  • Personal item maximum dimensions: 40x30x15cm.
  • Hand baggage maximum size: 120cm.
  • Hand luggage maximum dimensions: 100 cm and maximum weight: 7 kilos.
  • Air carriers must inform passengers within 48 hours about extraordinary circumstances.
  • Air carriers must reimburse intermediaries within seven days; intermediaries must reimburse passengers within a further seven days.
  • If reimbursement is not received within 14 days, the air carrier must contact the passenger the next day.
  • Ticket transfer notification at least 72 hours before the flight is considered reasonable and free of charge.
  • Complaint handling: confirmation within 7 working days, reasoned answer within two months.

Legal basis: Article 294(2), Article 91(1) and Article 100(2) of the Treaty on the Functioning of the European Union.