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Revision of regulation 261/2004 on air passenger rights and of regulation 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air

In “A new plan for Europe's sustainable prosperity and competitiveness”

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Regulation 261/2004 on air passenger rights and Regulation 2027/97 on air carrier liability revealed a number of shortcomings during their implementation preventing their full potential from being realised. 

The revised proposal, adopted by the European Commission in March 2013, sought to strengthen air passenger protection during travel disruptions while balancing the financial impact on airlines and ensuring harmonised operating conditions in a liberalised market. It clarified the definition of “extraordinary circumstances,” introduced the right to rerouting after 12 hours on other carriers or transport modes, prohibited denying boarding for skipped outbound flights, and set out passenger rights during tarmac delays, including timely information. The proposal also limited airline costs, notably by capping accommodation at three nights and €100 per night. In addition, it clarified the role of national enforcement bodies, required airlines to inform passengers about complaint procedures and provide electronic complaint systems, and improved enforcement of rights related to mishandled baggage.

In its first reading position on the Commission proposal, adopted in February 2014, the Parliament added several measures in favor of air passengers, proposing further restrictions to grounds for denying compensation, assistance and information to passengers. It suggested, for instance, that airlines should pay for accommodation in case of delays and cancellations for five nights at €125/night per passenger, provide a contact point at each airport from which they operate, and create a guarantee fund, or subscribe to insurance, for cases of bankruptcy. It also introduced an exhaustive list of extraordinary circumstances, proposed to increase the number of free-of-charge items of baggage allowed on board, introduce a full definition of 'disabled person or person with reduced mobility', and make information about passenger rights, contracts and complaint handling accessible to all.

Other amendments, however, would limit passengers' possibilities to claim compensation. For example, passengers missing a connecting flight, would have, according to the Parliament's amendment, a right to compensation only if the first flight is delayed by least 90 minutes. 

The Council has held debates on the Commission’s proposal since October 2013.  This and other ongoing aviation files remained on hold within the Council for several years, pending resolution of the dispute between Spain and the UK over the inclusion of Gibraltar’s airport in the regulation. Discussions resumed in November 2019. In early 2020, the Council made some progress, putting forward new compromise proposals. 

On 24 September 2019, TRAN Committee decided to enter into interinstitutional negotiations. During the COVID-19 pandemic, some Members asked whether EU Member States and/or national enforcement bodies should consider accepting a system of refundable travel vouchers as an alternative to immediate refunds. The European Commission explained in its guidelines that passengers have a right to refuse the voucher and ask instead the reimbursement of the ticket.

In the 2022 and 2023 Commission work programmes, it was listed in the priority pending proposals, under the priority 'a European Green deal'.

On 5 December 2024 the TRAN Committee of the EP appointed a new rapporteur (Andrey Novakov, EPP, Bulgaria).

On 5 June 2025, the Council reached a political agreement on the Council's position at first 
reading. Key issues include: the right to be rerouted at the earliest opportunity; the right to assistance (refreshments, food, accommodation); the right to compensation in case of cancellations and delays (varying based on distance), clearer rules for cancellations for which passengers can claim compensation and stricter information obligations and deadlines for the treatments of passenger claims.

On 13 October 2025, the TRAN Committee adopted its negotiating guidelines on changes to EU air passenger rights. 

TRAN reaffirmed its support for maintaining current air passenger rights, including reimbursement, re-routing, and compensation for delays over three hours, cancellations, or denied boarding. TRAN rejects the Council’s proposal to raise the compensation threshold to four or six hours, compensation amounts would vary by distance, ranging from €300 to €600.

The Committee supports a standardized compensation and reimbursement form, to be sent by airlines within 48 hours of disruptions, with a one-year deadline for claims. Passengers denied boarding should receive immediate compensation.

A defined list of exceptions—such as natural disasters, war, severe weather, and unforeseen labour disputes excluding airline staff strikes—would exempt airlines from compensation, updated by the Commission through delegated acts.

TRAN advocates for passengers’ right to carry one free personal item and one small hand luggage item (up to 100 cm total and 7 kg). They call for an end to check-in fees for correcting name errors or seating children with accompanying adults and support the right to choose between paper or digital boarding passes.

On 12 January 2026, the TRAN Committee adopted its second reading report, which was voted during the January plenary and became Parliament's second reading position.  Interinstitutional meetings are ongoing.

References:

Further reading:

Author: Monika Kiss, Members' Research Service, legislative-train@europarl.europa.eu

As of 20/02/2026.