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DRAFT RECOMMENDATION FOR SECOND READING (10015/1/2025 – C100228/2025 – 2013/0072(COD))

On the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air

TRAN-PR-778081

Committee on Transport and Tourism · Rapporteur: Andrey Novakov

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Parliament's draft recommendation on the Council position amends the EU rules on air passenger rights, covering compensation, assistance, rerouting, baggage, and enforcement. It rejects Council's proposed increases to delay thresholds and cuts to compensation, keeping the three-hour threshold and existing amounts, while adding a new 600 EUR band for long journeys. It defines extraordinary circumstances exhaustively, limits airline liability for accommodation to three nights, and strengthens passenger information and complaint procedures. It extends the regulation's scope to all flights to or from the EU, regardless of carrier nationality, and adds rights for hand baggage, check-in, and passengers with reduced mobility.

Committee position. The rapporteur proposes that Parliament adopt amendments to the Council position, rejecting rollbacks and strengthening passenger rights, with a focus on maintaining the three-hour delay threshold and existing compensation levels.

Key points

  1. Compensation for delays remains due after three hours, with amounts of 300 EUR for journeys up to 1,500 km, 400 EUR for 1,500-3,500 km, and 600 EUR for over 3,500 km.
  2. Extraordinary circumstances are defined as an exhaustive list in the Annex, excluding internal events like technical problems and most staff strikes; the Commission may add to the list by delegated act.
  3. Air carriers must provide a pre-filled compensation form within 48 hours of a disruption and pay or justify non-payment within seven working days of a claim.
  4. Passengers may arrange their own rerouting if the carrier offers none within three hours, with reimbursement of necessary expenses up to 400% of the ticket cost.
  5. Accommodation liability in extraordinary circumstances is limited to three nights, but this limit does not apply to passengers with disabilities, reduced mobility, unaccompanied children, infants, pregnant women, or those needing medical assistance.
  6. The regulation applies to all flights departing from or arriving in the EU, removing the requirement that the carrier be a Union carrier for flights from third countries.
  7. Passengers have the right to one personal item and one piece of hand baggage (max 100 cm sum, 7 kg) at no extra cost; carriers must allow free check-in online or at the airport.
  8. Air carriers must set up airport contact points, provide information via QR codes and accessible formats, and establish complaint-handling mechanisms with binding out-of-court dispute resolution.
  9. National enforcement bodies are to be independent, have powers to obtain information, cooperate cross-border, and impose effective penalties; the Commission may inspect them.
  10. Air carriers must provide evidence of financial security for reimbursement or repatriation in case of insolvency or licence revocation.
  11. Persons with disabilities or reduced mobility have rights to adjacent seating, priority boarding, and compensation if they miss a flight due to lack of assistance; changing places facilities at airports over one million passengers.
  12. For baggage, carriers must offer a special declaration of interest for mobility equipment free of charge, and provide complaint forms at airports, including via QR codes.

Who is affected

  • Air passengers: gain clearer rights to compensation, assistance, and hand baggage, with simpler claims procedures.
  • Air carriers: face new obligations on information, complaint handling, and financial security, but get limits on accommodation liability and an exhaustive list of extraordinary circumstances.
  • National enforcement bodies: must be independent, cooperate across borders, and may be inspected by the Commission.
  • Airports: must have contingency plans if handling over four million passengers annually, and provide changing places facilities if over one million.
  • Intermediaries: must provide information on passenger rights and handle complaints.

Figures and deadlines

  • 300 EUR for journeys of 1,500 km or less; 400 EUR for 1,500-3,500 km; 600 EUR for over 3,500 km.
  • Three hours: delay threshold for compensation, and time after which passengers may arrange own rerouting.
  • 400% of ticket cost: maximum reimbursement for self-arranged rerouting.
  • Three nights: limit on accommodation liability in extraordinary circumstances.
  • 48 hours: deadline for air carrier to provide pre-filled compensation form.
  • Seven working days: deadline for payment or justification of compensation claims.
  • 100 cm (sum of dimensions) and 7 kg: maximum for free hand baggage.
  • Four million passengers annually: threshold for airport contingency plans.

Legal basis: Article 294(7) of the Treaty on the Functioning of the European Union