RECOMMENDATION FOR SECOND READING 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[...]

Council position

Amendment

(1 a) The Union legislator confirms the aims expressed by Recitals 1 and 4 for EU legislation in the field of air transport to ensure a high level of protection for passengers, to fully take into account the requirements of consumer protection in general and to raise the standards of protection set by this Regulation. This should be done by strengthening the rights of air passengers, by improving legal certainty for both air passengers and air carriers and by codifying the main rulings of the Court of Justice in its interpretation of Regulation No 261/2004, as well as by ensuring that air carriers operate under harmonised conditions in a liberalised market. This also means that standards of protection set by Regulation (EC) No 261/2004 should in no way be downgraded. Accordingly, the full potential of air passenger rights, as protected under Regulations (EC) No 261/2004 and (EC) No 2027/97, should be realised and a more effective, efficient and consistent application of such rights should be ensured across the Union, while taking into account the interests of air carriers and continuing to strike a balance between the interests of air passengers and those of air carriers.

Council position

Amendment

(3) The Study on the current level of protection of air passenger rights in the EU mandated and published by the Commission in 2020 (hereafter 'the Study') showed that passengers'main priority is to be provided with assistance in the event of travel disruption and to be offered rerouting so that they arrive at their destination as soon as possible. TheStudy showedthat the payment of compensation comes third in terms of the passengers'priorities. On the other hand, the Study also showed that the absolute and relative costs incurred by air carriers through the implementation ofRegulation (EC) No 261/2004 have grownsignificantly since 2011 which could result in a restrictionon the number of routes operated or a reduction in connectivity offered by air carriers topassengers in the long term. The revision of Regulation (EC) No 261/2004 should therefore focus particularly onpassengers' rights to assistance and rerouting, while taking into accounteconomic incentives of air carriers and impactson connectivity.

(3) The study on the current level of protection of air passenger rights in the EU mandated and published by the Commission in 2020 (the steerstudy) claims that themain priority of passengersis to be provided with assistance in the event of travel disruption and to be offered rerouting so that they arrive at their destination as soon as possible. To this end, the steerstudy showsthat the payment of compensation comes third out of the three options providedin terms of the priorities ofpassengers. However, it cannot be inferred from this study that the payment of compensation would rank low in thepriorities of passengers, for three reasons. First, the question design already carries a significant bias, narrowing down possible outcomes, as the three options given to the respondents are not comparable in their nature. While two of the options (assistance, rerouting) promise immediate relief from an urgent problem (flight disruption), the third option (compensation) is less immediate and less urgent by its nature. Compensation under thisRegulation seeks to redress damage suffered as a consequence of a disruption, with a payment that helps the passenger in the long run, rather than solving the immediate problem (via assistance or rerouting). It is only natural that the average respondent ranks as third the least urgent and immediate of the three options (compensation). However, it would be logically and statistically invalid to conclude from this ranking that receiving compensation would be ofsignificantly lower importance to the passenger. Second, the question design of the Study creates an artificial obligationon the respondent of having to choose between three options and ranking them, while in the current reality of Regulation 261/2004, those three options co-exist without being mutually exclusive in any way. Third, the ranking of the steer study derives from interaction with consumers and passenger organisations and desk research, and is not based on a comprehensive passenger survey. Therefore, in order to escape the bias of the question design and the methodology of the steer study, it is worth consulting further representative polls on air passengers' opinions with regard to receiving compensation under this regulation. A statistical survey1a conducted by the European Court of Auditors (ECA) in 2018 of 10 350 randomly chosen citizens from ten Member States, showed the "right to compensation in the event of cancellations or denied boarding" in second place with 39.6% out of ten options out of whichpassengers were to select three rights which they "regard as most important", while the preferred option, being the "right to receive alternative transportin the event of long delays, cancellations or denied boarding", was only marginally higher, at 41.7 %. Given this negligible difference, no real order of preference should be deduced from these two closely ranking options. In a YouGov poll commissioned by a claims agency, conducted in spring 2025, of 3059 citizens in Germany, Spain and Denmark, 70% of respondents insisted on keeping the current compensation rule, stressing that passengers should not lose rights for a marginal cost saving, while only 14% preferred saving an assumed 1 EUR on the ticket price. Even the industry association Airlines for Europe (A4E) concludes from their own YouGov poll, reflecting the views of more than 6,000 consumers in five Member States, that "75% of passengers who have flown in the past 12 months support sticking to current compensation levels"1b. This evidence supports the decision of the Union legislator in the context ofthe revision of Regulation (EC) No 261/2004 not to downgrade any existingpassengers' rights to compensation, along with other equally importantrights to assistance and rerouting. Both categories of rights examined in the above evidence, "compensation" and "assistance and rerouting", have to be considered as whole and must not be artificially opposed one to the other. Theeconomic incentives of air carriers and the impacton connectivity can be fully taken into account, while at the same time preserving existing air passengers' rights and a high level of consumer protection.

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1a Cf. page 22 of https://www.eca.europa.eu/Lists/ECADocuments/SR18_30/SR_PASSENGER_RIGHTS_EN.pdf

1b Cf. A4E Press release of 14 October 2025 https://a4e.eu/publications/new-data-confirms-that-eu-passenger-rights-reform-is-out-of-sync-with-passenger-priorities/

Council position

Amendment

(3 a) In line with the objectives of Regulation (EC) No 261/2004, an independent peer-reviewed study from 20231a provides robust evidence that the Regulation in its current form is effective in reducing average flight delay times. It finds that this impact is clearly economically important in magnitude and is independent of air carriers' decisions on scheduled flight duration. It confirms that statistically, the hypothesis of no impact can be very firmly rejected. It insists that its results hold for other measures of flight punctuality (arrival delay and share of ''ontime flights''), and is robust to alternative specifications. Moreover, it finds that the current Regulation is most effective at delay reduction on routes where competition is low. It underlines that from an economic perspective, the compensation scheme under Regulation (EC) No 261/2004 applies the principle that liability should be borne by the party best placed to prevent and manage it at the lowest cost. Air carriers, rather than passengers, would retain control over punctuality through scheduling, maintenance planning, crew and aircraft rotations, and disruption-recovery strategies. By tying liability to arrival delay at the final destination, the Regulation would provide necessary economic incentives for air carriers to reduce the occurrence of long delays and cancellations. The findings of this study support the Union legislator's decision to maintain and render explicit the common three-hour threshold for compensation in the event of cancellation or a long delay, the current compensation levels and distance thresholds: ensuring that the current level of protection of passenger rights is not downgraded is effective in increasing connectivity and maintaining economic incentives for air carriers.

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1a Cf. Gnutzmann and Spiewanowski in: Transport Policy 136 (2023) 155-168, cf. https://www.sciencedirect.com/science/article/pii/S0967070X23000768

Council position

Amendment

(5) In order to increase legal certainty for air carriers and passengers, a definition ofthe concept of 'extraordinary circumstances' is needed, which takes into account the judgmentof the Court of Justice in Case C-549/07 (Friederike Wallentin-Hermann v Alitalia - Linee Aeree Italiane SpA)5 ('judgment in Case C-549/07') on the interpretation of Regulation (EC) No 261/2004. The concept of 'extraordinary circumstances'should be clarified through non-exhaustive lists of circumstances that constituteextraordinary circumstances or that do not constituteextraordinary circumstances. The Commissionshould reviewthe list of extraordinary circumstances every three years and propose, asappropriate, tothe European Parliament and the Council to update that list.

(5) The concept of 'extraordinary circumstances' has been subject to abundant case lawof the Court of Justice. Greater clarityshould be provided on what constitutesextraordinary circumstances to allow air passenger rights to be effectively and consistently enforced. In the light of the case law, events whose origin is 'internal' should be distinguished from those whose origin is 'external' to the operating air carrier. Events should be considered external when they arise from circumstances beyond the air carrier's control and result from a natural event or an act of a third party. Such external events should be generally qualified asextraordinary circumstances. Events that do not meet these criteriashould be deemed internal and should not be qualified as extraordinary circumstances. Such distinction should be further clarified by means of an exhaustive list of circumstances that are clearly identified as capable of being considered as extraordinary. In order to amendthe list of extraordinary circumstances, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of making additions, where necessary, to that list. It is of particular importance that the Commission carry outappropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making5a. In particular, to ensure equal participation in the preparation of delegated acts,the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

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5 Judgment of the Court (Fourth Chamber) of 22 December 2008, Friederike Wallentin-Hermann v Alitalia - Linee Aeree Italiane SpA, Case C-549/07, ECLI:EU:C:2008:771.

5a Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1.).

Council position

Amendment

(5 a) In accordance with the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. The Court of Justice has provided more details on the meaning and limits of the obligation to take "reasonable measures" in its case-law.

Council position

Amendment

(6) In its judgment in Case C-549/07 the Court of Justice held that an unexpected technical problem did not constitute an extraordinary circumstance, except when the unexpected technical problem arose from a hidden manufacturing defect revealed by the manufacturer of the aircraft or by a competent authority, or damage to the aircraft caused by acts of sabotage or terrorism. However, in the light of experience gained and given the overriding importance of ensuring that the rights granted to passengers under this Regulation are not detrimental to safety, in certain conditions technical issues with certain equipment should constitute extraordinary circumstances.

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Council position

Amendment

(7) In its judgment in Joined Cases C-156/22, C-157/22 and C-158/22 (TAP Portugal v flightright GmbH and Myflyright GmbH)6 on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that an unexpected absence due to illness or even an unexpected death, shortly before the departure of a flight, of a crew member whose presence is essential to its operation did not constitute an extraordinary circumstance. Nonetheless, even though air carriers have the duty to take all reasonable measures to ensure replacement of the pilot, co-pilot or minimum required cabin crew, ensuring compliance with that obligation in practice outside the air carrier's home bases requires considerable time and high financial cost. Therefore, it is appropriate to provide that the unexpected illness or death of a crew member whose presence is essential, for example when it occurs the day before the departure of the flight, outside the home bases of an air carriers should constitute an extraordinary circumstance.

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6 Judgment of the Court (Third Chamber) of 11 May 2023, TAP Portugal v flightright GmbH and Myflyright GmbH, Joined Cases C-156/22 to C-158/22, ECLI:EU:C:2023:393.

Council position

Amendment

(8) In its judgments in Cases C-28/20 (Airhelp Ltd v Scandinavian Airlines System Denmark - Norway - Sweden)7 , C-195/17 (Helga Krüsemann and Others v TUIfly GmbH)8 , C-613/20 (CS v Eurowings GmbH)9 and in its order in Case C-287/20 (EL and CP v Ryanair DAC)10 on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that strikes by staff of the air carrier did not constitute extraordinary circumstances. Nonetheless, when a strike occurs, certain demands made by airline staff do not fall within the remit of the air carrier and are outside its control, such as changes to the retirement age or to financial contributions that can only be addressed by public authorities. Therefore, it is appropriate to provide that certain strikes by airline staff should constitute extraordinary circumstances.

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7 Judgment of the Court (Grand Chamber) of 23 March 2021, Airhelp Ltd v Scandinavian Airlines System Denmark - Norway - Sweden, Case C-28/20, ECLI:EU:C:2021:226.

8 Judgment of the Court (Third Chamber) of 17 April 2018, Helga Krüsemann and Others v TUIfly GmbH, Case C-195/17, ECLI:EU:C:2018:258.

9 Judgment of the Court (Ninth Chamber) of 6 October 2021, CS v Eurowings GmbH, Case C-613/20, ECLI:EU:C:2021:820.

10 Order of the Court (Eighth Chamber) of 10 January 2022, EL and CP v Ryanair DAC, Case C-287/20, ECLI:EU:C:2022:1.

Council position

Amendment

(10) In its judgment in Case C-537/17 (Claudia Wegener v Royal Air Maroc SA)12on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that Regulation (EC) No 261/2004 applied to a part of any flight which was part of one journey, regardless of where the flight took place, including flights fully operated outside the Union. When either the initial point of departure is located in the territory of a Member States to which the Treaties apply, or, when the operating air carrier is a Union operating air carrier, when the final destination of the journey is located in the territory of a Member State to which the Treaties apply, this Regulation should apply.

(10) In its judgment in Case C-537/17 (Claudia Wegener v Royal Air Maroc SA)12on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that Regulation (EC) No 261/2004 applied to a part of any flight which was part of one journey, regardless of where the flight took place, including flights fully operated outside the Union. Building on this judgement and with the aim of establishing a level playing field,when either the initial point of departure is located in the territory of a Member States to which the Treaties apply, or, when the final destination of the journey is located in the territory of a Member State to which the Treaties apply, this Regulation should apply.

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12Judgment of the Court (Eighth Chamber) of 31 May 2018, Claudia Wegener v Royal Air Maroc SA, Case C-537/17, ECLI:EU:C:2018:361.

12Judgment of the Court (Eighth Chamber) of 31 May 2018, Claudia Wegener v Royal Air Maroc SA, Case C-537/17, ECLI:EU:C:2018:361.

Council position

Amendment

(11 a) In the interest of fair international competition and in order to ensure that passengers are protected by a uniform and coherent framework of rights, Regulation (EC) No 261/2004 should apply to all journeys within the Union, as well as to all journeys departing from or arriving in the Union.

Council position

Amendment

(12) Article 349 of the Treaty on the Functioning of the European Union recognises the special characteristics of the outermost regions, in particular due to their remoteness. In light of experience gained with Regulation (EC) No 261/2004, it is necessary to ensure territorial connectivity for the outermost regions and enhance cohesion across the Union, which would ultimately benefit passengers. Due to the specific features of journeys between outermost regions and another territory of a Member State to which the Treaties apply, the amount of compensation should be determined on the basis of the actual distance of the journeys.

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Council position

Amendment

(14) In its judgment in Case C-22/11 (Finnair Oyj v Timy Lassooy)13on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that the concept of 'denied boarding' must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as for operational reasons. Passengers who have presented themselves for boarding and are denied boarding or who have been informed in advance that they would be denied boarding against their will should be reimbursed without undue delay.

(14) In its judgment in Case C-22/11 (Finnair Oyj v Timy Lassooy)13on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that the concept of 'denied boarding' must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as for operational reasons. Passengers who have presented themselves for boarding and are denied boarding,or who have been informed in advance that they would be denied boarding,against their will,should be reimbursed and compensatedwithout undue delay.

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13Judgment of the Court (Third Chamber) of 4 October 2012, Finnair Oyj v Timy Lassooy, Case C-22/11, ECLI:EU:C:2012:604.

13Judgment of the Court (Third Chamber) of 4 October 2012, Finnair Oyj v Timy Lassooy, Case C-22/11, ECLI:EU:C:2012:604.

Council position

Amendment

(15) At the same time, there are reasonable grounds to deny passengers boarding, such as health, safety, security or inadequate travel documentation. Air carriers have also reasonable grounds to deny boarding to passengers displaying unruly behaviour threatening the safety or security of a flight, as referred to in the amended Convention on Offences and Certain Other Acts Committed on Board Aircraft signed in Tokyo on 14 September 1963. In those cases, the operating air carrier should bear the burden of proof.

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Council position

Amendment

(18) In the case of a cancellation, the choice between receiving reimbursement, continuation of travel by rerouting or travel at a later date should be the decision of the passenger and not that of the air carrier.

(18) In the case of a cancellation, the choice between receiving reimbursement, continuation of travel by rerouting or travel later on the same day orat a later date should be the decision of the passenger and not that of the air carrier.

Council position

Amendment

(18 a) Where a passenger cancels a flight, air carriers should be obliged to refund, free of charge, taxes which have already been paid.

Council position

Amendment

(19) Airport managing bodies at airports that handle more than fivemillion passengers per year,and airport essential service providers, in particular air carriers and the suppliers of ground handling services, should cooperateto minimise the impact of multiple flight disruptions on passengers. To this end, airport managing bodies should preparecontingency plans for such occurrences and work together in the development of such plans. At all other airports, the airport managing bodyshould make all reasonable efforts to coordinate and make arrangements with airport users in situations that could lead to a considerable number of passengers being stranded and to keep the stranded passengers informed.

(19) Airport managing bodies at airports with an annual passenger traffic volume of not less than fourmillion passengers for at least three consecutive yearsand airport essential service providers, in particular air carriers and the suppliers of ground handling services, navigation service providers and assistance providers for disabled passengers and passengers with reduced mobility,should take adequate measures to ensure coordination and cooperation between airport users in orderto minimise the impact of multiple flight disruptions on passengers. To this end, airport managing bodies should ensure adequate coordination by means of propercontingency plans for such occurrences and work together with national, regional or local authoritiesin the development of such plans. Such plansshould be assessed and, where necessary, adapted by the National Enforcement Bodies.

Council position

Amendment

(19 a) Air carriers should set up procedures and coordinated action in order to provide adequate information to stranded passengers. Those procedures should clearly indicate who is responsible at each airport for arranging the care, assistance, re-routing or reimbursement and should set out the processes and conditions for the provision of those services.

Council position

Amendment

(19 b) In order to assist passengers in the case of flight disruptions or delayed, damaged or lost baggage, air carriers should set up contact points at airports where their personnel or third parties commissioned by them should provide passengers with the necessary information regarding their rights, including complaint procedures, and assist them to take immediate action.

Council position

Amendment

(19 c) Given the short deadlines for the submission of complaints for delayed, damaged or lost baggage, a special baggage claim service should be set up at all airports where passengers have the possibility to submit a complaint upon arrival. For this purpose, air carriers should provide a complaint form in all official languages of the Union to passengers. This could also take the form of the common Property Irregularity Report (PIR). In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to lay down the form of the standardised claim form through implementing acts.

Council position

Amendment

(20) Regulation (EC) No 261/2004 should explicitly include the right to compensation forpassengers experiencing long delays, in accordance with the judgmentof the Court of Justicein joined Cases C-402/07 (Christopher Sturgeon, Gabriel Sturgeon and Alana Sturgeon v Condor Flugdienst GmbH) and C-432/07 (Stefan Böck and Cornelia Lepuschitz v Air France SA)14('judgment in Joined cases C-402/07 and C-432/07'). In accordance with the principle of equal treatment referred to in that judgment, the same rules should apply for reimbursement, rerouting andcompensation.

(20) The objective ofRegulation (EC) No 261/2004 is to strengthen the rights of consumers by ensuring a high level of protection for airpassengers within the internal market, in line with Article 38of the Charter of Fundamental Rights.In joined Cases C-402/07 (Christopher Sturgeon, Gabriel Sturgeon and Alana Sturgeon v Condor Flugdienst GmbH) and C-432/07 (Stefan Böck and Cornelia Lepuschitz v Air France SA)14("judgment in Joined cases C-402/07 and C-432/07'), the Court of Justice reflected this objective by recognizing that passengers experiencing flight delays of three hours or more suffer damage in the form of irreversible loss of time that must be compensated promptly and in a standardized manner. Relying on the principle of equal treatment, the Court confirmed that such long delays cause harm comparable to cancellations and that a difference in treatment could not be objectively justified. Specifically, the Court considered that, when the delay in arrival of a flight is equal to, or in excess of, three hours, the passengers concerned are entitled to compensation, like passengers whose original flight has been cancelled and to whom an air carrier is not able to offer re-routingin accordance with the conditions laid down in Article 5(1)(c)(iii) of the regulation, that is, on a flight which departs no more than one hour before the scheduled time of departure and reaches their final destination less than two hours after the scheduled time of arrival.

In linewith the principle of equal treatment, suchcompensation rights should also extend to passengers whose flights have not been cancelled but who suffer an equivalent loss of time due to the flight being both brought forward before departure and subject to a delay at arrival.

Accordingly, in order to maintain robust safeguards for passengers in line with Article 38 of the Charter, as well as to ensure uniform protection, legal certainty and effective enforcement across Member States, Regulation (EC) No 261/2004 should explicitly set out a common three-hour threshold for compensation where passengers suffer an irreversible loss of time that is equal to or exceeds three hours in relation to the duration originally planned by the air carrier.

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14Judgment of the Court (Fourth Chamber) of 19 November 2009, Christopher Sturgeon, Gabriel Sturgeon and Alana Sturgeon v Condor Flugdienst GmbH (C-402/07), and Stefan Böck and Cornelia Lepuschitz v Air France SA (C-432/07), Joined Cases C-402/07 and C-432/07, ECLI:EU:C:2009:716.

14Judgment of the Court (Fourth Chamber) of 19 November 2009, Christopher Sturgeon, Gabriel Sturgeon and Alana Sturgeon v Condor Flugdienst GmbH (C-402/07), and Stefan Böck and Cornelia Lepuschitz v Air France SA (C-432/07), Joined Cases C-402/07 and C-432/07, ECLI:EU:C:2009:716.

Council position

Amendment

(21) The judgment in joined Cases C-402/07 and C-432/07 referred to a one-trigger time threshold of three hours for compensation in cases of delay. However, experience gained since the adoption of Regulation (EC) No 261/2004 shows that many delays cannot be resolved within the three hours referred to in that judgment and that a short threshold may increase the number of flight cancellations where air carriers reduce the knock-on effects of delayed flights on the subsequent flights by cancelling one or several flights to reposition the aircraft for a next flight. In most circumstances, the passenger would still prefer a delay over a cancellation because the passenger has more certainty as to the arrival at the relevant destination at the earliest opportunity. On many routes, the frequency of flights is limited, and, in cases of cancellation, the passenger cannot be immediately rerouted. Increasing the time threshold therefore presents an advantage for the passenger.

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Council position

Amendment

(22) With a view to maintaining connectivity, the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial and competitiveness impact on the sector. In this way, it will be possible to avoid incentivising any increase in the frequency of cancellations or restrictions in the number of routes operated or reductions in connectivity offered to passengers in the long term. To ensure that passengers travelling within the Union face homogenous conditions for compensation, the threshold should be the same for all travel within the Union.

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Council position

Amendment

(23) The standardised compensation in Regulation (EC) No 261/2004 serves to compensate for a loss of time which is common to all passengers. The amounts fixed in Regulation (EC) No 261/2004 could, in many cases, go beyond the value of the damage incurred by passengers as established by economic studies.It is therefore appropriate to define different thresholds forcompensation according to the distance of the flight disrupted and the delay at arrival.

(23) The standardised compensation in Regulation (EC) No 261/2004 serves to compensate for a loss of time which is common to all passengers. It is therefore appropriate to define compensation levelsaccording to the distance of the flight disrupted and the delay at arrival.

Council position

Amendment

(24) In accordance with the Union's efforts to promote climate-neutral and environmentally friendly mobility, it is also appropriate to ensure that regulatory frameworks for passenger rights of transport modes converge to the extent possible and that the compensation provided between different modes of transport is levelled.

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Council position

Amendment

(24 a) The Flight Emissions Label established pursuant to Article 14 of Regulation (EU) 2023/2405 of the European Parliament and the Council1a is at the disposal of the service providers should they want to display, in an easily accessible format on their websites and on tickets, accurate and objective information regarding the environmental impact of their travel in a comparable way.

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1a Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (OJ L, 2023/2405, 31.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2405/oj).

Council position

Amendment

(25) To ensure legal certainty, Regulation (EC) No 261/2004 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to cancellations ordelays and should therefore give rise to the same rights.

(25) To ensure legal certainty, Regulation (EC) No 261/2004 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to cancellations,delays or denied boardingand should therefore give rise to the same rights.

Council position

Amendment

(26) Passengers who miss a connecting flight which is part of a journey as a result of a disruption on a previous flight should be properly assisted while waiting for rerouting. In such cases, in accordance with the principle of equal treatment, passengers should be entitled to compensation upon reaching the final destination of their alternative flight or transportation, on a similar basis to passengers experiencing disruptions on direct flights.

(26) Passengers who miss a connecting flight which is part of a journey as a result of a disruption, a change of schedule or a delayon a previous flight should be properly assisted while waiting for rerouting. In such cases, in accordance with the principle of equal treatment and with the judgement of the Court of Justice in Case C-11/11 (Air France v. Folkerts)1a, passengers should be entitled to compensation upon reaching the final destination of their alternative flight or transportation, on a similar basis to passengers experiencing disruptions on direct flights in light of the delay upon reaching the final destination of their journey.

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1a Judgment of the Court (Grand Chamber), 26 February 2013, Air France v Heinz-Gerke Folkerts and Luz-Tereza Folkerts, Case C-11/11, ECLI:EU:C:2013:106.

Council position

Amendment

(29) Where a passenger has opted for rerouting at the earliest opportunity, the air carrier often makes the rerouting conditional upon the availability of seats on its own services, thereby denying its passengers the option of being rerouted more quickly by alternative services. Therefore, the carrier should also propose other options for rerouting, including to an alternative airport, by a different route, on another carrier's services or on other transport modes where this can speed up rerouting. Alternative rerouting should be dependent upon the availability of seats. If the air carrier has not offered a rerouting and the cumulated waiting time is prolonged by at least three hours, the passenger should have the right to arrange his or her own rerouting in order to reach his or her final destination without further delay.That rerouting should be, subject to certain conditions, at the air carrier's expenses and provided under comparable transport conditions.

(29) Where a passenger has opted for rerouting at the earliest opportunity, the air carrier often makes the rerouting conditional upon the availability of seats on its own services, thereby denying its passengers the option of being rerouted more quickly by alternative services. Therefore, the carrier should also propose other options for rerouting, including to an alternative airport, by a different route, on another carrier's services or on other transport modes where this can speed up rerouting. Alternative rerouting should be dependent upon the availability of seats. That rerouting should be, subject to certain conditions, at the air carrier's expenses and provided under comparable transport conditions.

Council position

Amendment

(31) Whether transport conditions are comparable could depend on a number of factors and on the particular circumstances. Where possible and where it does not entail further delay, passengers should not be downgraded to transport services of a lower class compared with the one on the reservation. Rerouting should be offered at no additional cost to the passenger, even if passengers are rerouted with another air carrier or on a different transport mode or in a higher class or at a higher fare than the one paid for the original service. Reasonable efforts should be made to avoid additional connections. When using another air carrier or an alternative mode of transport for rerouting,the total travel time should be as close as reasonably possible to the scheduled travel time of the original flight, in the same class of transport or a higher one if necessary. If several flights are available with comparable timings, passengers having the right to rerouting should accept the offer of rerouting made by the air carrier, including on those air carriers cooperating with the operating air carrier. If assistance for persons with disabilities or persons with reduced mobility was booked for the original flight, such assistance should also be available on the alternative route in accordance with Regulation (EC) No 1107/2006 of the European Parliament and of the Council15.

(31) Whether transport conditions are comparable could depend on a number of factors and on the particular circumstances. Where possible and where it does not entail further delay, passengers should not be downgraded to transport services of a lower class compared with the one on the reservation. Rerouting should be offered at no additional cost to the passenger, even if passengers are rerouted with another air carrier or on a different transport mode or in a higher class or at a higher fare than the one paid for the original service. Reasonable efforts should be made to avoid additional connections. Persons with disabilities or persons with reduced mobility should not be subject to any additional connecting flight when rerouted, unless otherwise agreed by the passenger.The total travel time should be as close as reasonably possible to the scheduled travel time of the original flight, taking into account the options available at the airport where the disruption occurred, in the same class of transport or a higher one if necessary. If several flights are available with comparable timings, passengers having the right to rerouting should accept the offer of rerouting made by the air carrier, including on those air carriers cooperating with the operating air carrier. If the operating air carrier provides the passenger with rerouting under comparable transport conditions the passenger should accept such rerouting. If the operating air carrier provides the passenger with rerouting options which are not under comparable transport conditions, the passenger could refuse such rerouting. The right to rerouting, including self-rerouting should be maintained. Ifassistance for persons with disabilities or persons with reduced mobility was booked for the original flight, such assistance should also be available on the alternative route in accordance with Regulation (EC) No 1107/2006 of the European Parliament and of the Council15.

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15Regulation (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).

15Regulation (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).

Council position

Amendment

(31 a) Where a passenger informed the operating air carrier of his or her choice to continue his or her journey, and if the operating air carrier has not offered within three hours a rerouting, the passenger should have the right to arrange his or her own rerouting under comparable transport conditions in order to reach his or her final destination without further delay. However, the passenger should remain entitled to rerouting by the operating air carrier until the passenger has informed the operating air carrier of his or her decision, to arrange his or her own rerouting. When arranging their own rerouting, the passengers should limit the expenses to those that are necessary, reasonable and appropriate.

Council position

Amendment

(31 b) Assistance could be limited or declined if its provision would itself cause further delay to passengers awaiting a delayed flight or the rerouting. If a flight is delayed late in the evening but can be expected to depart within a short period of time and if dispatching passengers to hotels and bringing them back to the airport in the middle of the night could lead to a much longer delay, the air carrier should be allowed to decline to provide hotel accommodation and corresponding transfers. Similarly, if an air carrier is about to provide food and drinks but is informed that the flight is ready for boarding, it should be allowed to decline to provide this assistance. Apart from these cases, this limitation should be applied only in very exceptional cases, as every effort should be made to reduce the inconvenience suffered by passengers.

Council position

Amendment

(32) Air carriers should offer assistance to passengers from the scheduled time of departure until the departure of their flight or alternative transportation. Air carriers currently face unlimited liability for the accommodation of their passengers in the case where the extraordinary circumstances persist for a long period of time. This uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier's financial stability, with consequential negative effects for passengers in terms of connectivity.An air carrier should therefore be able to limit the provision of accommodation to three nights. Moreover, contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods.

(32) Air carriers should offer assistance to passengers from the scheduled time of departure until the departure of their flight. Air carriers currently face unlimited liability for the accommodation of their passengers in the case where the extraordinary circumstances persist for a long period of time. An air carrier should therefore be able to limit the provision of care as regards the duration ofaccommodation and, in cases where passengers arrange the accommodation themselves, as regards costs and careto three nights. Moreover, contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods.

Council position

Amendment

(33) Passengers with specific needs such as persons with disabilities, persons with reduced mobility, unaccompanied children, infants, pregnant women and persons in need of specific medical assistance such as people with severe diabetes or epilepsy, may require specific attention by the operating air carrier. In particular, it may be more difficult to arrange accommodation when flight disruptions occur. Therefore, any limitations on the right to be provided with accommodation in cases of extraordinary circumstances should notapply to these categories of passenger provided they have informed the operating air carrier in due time.

(33) Passengers with specific needs such as persons with disabilities, persons with reduced mobility, unaccompanied children, infants, pregnant women and persons in need of specific medical assistance such as people with severe diabetes or epilepsy, may require specific attention by the operating air carrier. In particular, it may be more difficult to arrange accommodation when flight disruptions occur. Therefore, any limitations on the right to be provided with accommodation in cases of extraordinary circumstances should on no accountapply to these categories of passenger.

Council position

Amendment

(33 a) The service providers should ensure that persons with disabilities and persons with reduced mobility have the right, at all times, to use safety-approved respiratory devices on aircraft, free of charge. The Commission should draw up a list of approved medical oxygen equipment in cooperation with the industry and organisations representing persons with disabilities and persons with reduces mobility, taking due account of safety requirements.

Council position

Amendment

(34) Regulation (EC) No 261/2004 also applies to passengers who have booked their air transport as part of a package travel. This amending Regulation aims to further improve the coherence between Directive (EU) 2015/2302 of the European Parliament and of the Council16and Regulation (EC) No 261/2004. In that regard, passengers should not be allowed to cumulate correspondingrights, in particularunder both legalacts.

(34) Regulation (EC) No 261/2004 also applies to passengers who have booked their air transport as part of a package travel. This amending Regulation aims to further improve the coherence between Directive (EU) 2015/2302 of the European Parliament and of the Council16and Regulation (EC) No 261/2004. In that regard, passengers should be able to choose under which of those two legal acts they introduce their claims and, where appropriate, make claims under both legal acts. A passenger who has booked air transport as part of a package should be able to make claims under both legal acts where, for example, the passenger received a compensation from the air carrier for a delayed flight, but is entitled to a price reduction or compensation to be granted by the organiser for specific services, such as a hotel night, meals, an excursion or other events, missed as a consequence of the delayed flight. However, passengers shouldnot be allowed to cumulate rights insofar as the relevant compensation or price reduction grantedunder both acts safeguards the same interest or have the same objective. If passengers introduce their claim with the air carrier, the air carrier should pay the full amount of the compensation due under Regulation (EC) No 261/2004. If passengers make a claim under Directive (EU) 2015/2302, the compensation paid by the air carrier should be deducted from payments due under Directive (EU) 2015/2302 insofar as the underlying rights safeguard the same interest or have the same objective.

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16Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1, ELI: http://data.europa.eu/eli/dir/2015/2302/oj).

16Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11.12.2015, p. 1, ELI: http://data.europa.eu/eli/dir/2015/2302/oj).

Council position

Amendment

(36) In its judgment in Case C-502/18 (CS and Others v České aerolinie a.s.)17 on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that, in the case of connecting flights, within the scope of that Regulation, any operating air carrier which participated in the performance of at least one of those connecting flights is liable to compensate the passenger under that Regulation whether or not the flight which that air carrier operated was disrupted. Even if Regulation (EC) No 261/2004 provides that operating carriers fulfilling duties under it may seek compensation from any third party, the Study has shown poor effectiveness of the right of redress provided for in that Regulation. As a result, Union air carriers bear a disproportionate financial burden compared to third country air carriers. With a view to restoring Union air carriers' competitiveness in accordance with the recommendations of the report entitled 'Future of European competitiveness' of September 2024 ('Draghi report'), and to maintaining, in the long run, connectivity, the revision of Regulation (EC) No 261/2004 should therefore limit the liability of an air carrier to the flights it operates as operating air carrier.

deleted

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17 Judgment of the Court (Ninth Chamber) of 11 July 2019, CS and Others v České aerolinie a.s., Case C-502/18, ECLI:EU:C:2019:604.

Council position

Amendment

(37) Regulation (EC) No 2111/2005 of the European Parliament and of the Council18requires the air carriage contractor to inform the passenger of the identity of the operating air carrier and Council Directive 93/13/EEC19requires the seller or supplier to provide information to the consumer on the terms and conditions of the contract. Passengers should be informed in more detail about their rights in cases of flight disruption, and should also be adequately informed about the cause of the disruption itself, as soon as the information becomes available. That information should also be provided where the passenger has acquired the ticket through an intermediary established in the Union. That information should, at a minimum, be provided by the air carrier or the intermediary in an accessible format and, where appropriate, through so-called 'push' notifications from mobile applications or by other digital means.

(37) Regulation (EC) No 2111/2005 of the European Parliament and of the Council18requires the air carriage contractor to inform the passenger of the identity of the operating air carrier and Council Directive 93/13/EEC19requires the seller or supplier to provide information to the consumer on the terms and conditions of the contract. Passengers should be informed in more detail about their rights in cases of flight disruption, and should also be adequately informed about the cause of the disruption itself, as soon as the information becomes available. That information should also be provided by the air carrierwhere the passenger has acquired the ticket through an intermediary established in the Union. That information should, at a minimum, be provided by the air carrier or the intermediary in an accessible format and, where appropriate, through so-called 'push' notifications from mobile applications or by other digital means.

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18Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15, ELI: http://data.europa.eu/eli/reg/2005/2111/oj).

18Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC (OJ L 344, 27.12.2005, p. 15, ELI: http://data.europa.eu/eli/reg/2005/2111/oj).

19Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29, ELI: http://data.europa.eu/eli/dir/1993/13/oj).

19Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29, ELI: http://data.europa.eu/eli/dir/1993/13/oj).

Council position

Amendment

(38) In order to ensure better enforcement of passenger rights, the national enforcement bodies should monitor the enforcement of Regulation (EC) No 261/ 2004 and decide on appropriate sanctions to incentivise compliance with that Regulation.

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Council position

Amendment

(38 a) The Special Report 15/2021 of the European Court of Auditors concluded that national enforcement bodies lack a good overview of operators' compliance with passenger rights. The Commission in its evaluations also concluded that the overall approach of national enforcement bodies toward monitoring the implementation of the Regulations varies significantly: while some national enforcement bodies tend to be very proactive, others seem only to react to complaints which they receive. To address these shortcomings and to ensure better enforcement of passenger rights, enforcement mechanisms should be strengthened by granting national enforcement bodies independence, establishing a cross-border cooperation mechanism, enhancing their power to obtain information from carriers, and implementing a more effective penalty regime.

Council position

Amendment

(39) In order to ensure better enforcement of passenger rights, Member States should ensure that consumers have access to mechanisms for an out-of-court resolution of disputes after those consumers have unsuccessfully complained or submitted a request to the air carrier or the intermediary. Those mechanisms should be without prejudice to the right of the Member States to determine whetherthe participation of theair carriers orintermediaries should be mandatory.

(39) In order to ensure better enforcement of passenger rights, Member States should ensure that consumers have access to mechanisms for an out-of-court resolution of disputes after those consumers have unsuccessfully complained or submitted a request to the air carrier or the intermediary. The participation of air carriers andintermediaries under the scope of this Regulation in alternative dispute resolution proceduresshould be mandatory and their decisions binding.

Council position

Amendment

(39 a) As commercial aviation is an integrated Union market, measures to guarantee enforcement of this Regulation should be more effective at Union level with increased involvement of the Commission. Specifically, the Commission should increase public awareness of compliance by air carriers with passenger rights requirements by publishing a list of carriers that systematically fail to comply with this Regulation.

Council position

Amendment

(44) Having regard to the United Nations Convention on the Rights of Persons with Disabilities20, and in order to ensure that the damage to, destruction or loss of mobility equipment or the injury to or death of a recognised assistance dog is compensated to its full replacement cost, air carriers should offer to persons with disabilities and persons with reduced mobility, as defined in Regulation (EC) No 1107/2006, the opportunity to make a special declaration of interest free of charge, which pursuant to the Montreal Convention allows them to seek full compensation.

(44) Having regard to the United Nations Convention on the Rights of Persons with Disabilities20, and in order to ensure that the damage to, destruction or loss of mobility equipment or the injury to or death of a recognised assistance dog is compensated to its full replacement cost, air carriers should offer to persons with disabilities and persons with reduced mobility, as defined in Regulation (EC) No 1107/2006, the opportunity to make a special declaration of interest free of charge, which pursuant to the Montreal Convention allows them to seek full compensation for loss or damage. Air carriers should inform passengers of that declaration and of the related rights whenever they make a ticket booking.

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20OJ L 23, 27.1.2010, p. 37, ELI: http://data.europa.eu/eli/dec/2010/48(1)/oj.

20OJ L 23, 27.1.2010, p. 37, ELI: http://data.europa.eu/eli/dec/2010/48(1)/oj.

Council position

Amendment

(46) It is not always clear topassengers which baggage they are allowed to take on board an aircraft, in terms of dimensions, weight or number of items permitted. In order to ensure that passengers are fully aware of the baggage allowances included intheir ticket, both for unchecked and checked baggage,air carriers should clearly indicate these allowances at booking and at the airport. In order to ensure sufficient personal comfort during passengers' travel, and as recognised bythe Court of Justice in its judgment inCase C-487/12 (VuelingAirlines SA v Instituto Galego de Consumo de la Xunta de Galicia)21 , passengersshould be allowed to take personal itemsconstituting a necessary aspect of their carriage into the cabin at no cost, provided that the personal items comply with applicable safety and security requirements and meet reasonable requirements in terms of weight and dimensions. Personal items constituting a necessary aspectof the carriage of passengers are understood to be those items that are essential for the duration of the journey and may include passports and other travel documents, essential medicines, personal devices and reading materials as well as food and beverage appropriate to the duration of the flight.

(46) Regulation (EC) No 261/2004 should ensure its objective of raising standards of protection and of information forpassengers, strengtheningtheir rights and ensuring thatair carriers operate under harmonised conditions, including hand baggage dimensions. In accordance with the judgement ofthe Court of Justice in case C-487/12(VuelingAirlines SA v Instituto Galego de Consumo de la Xunta de Galicia Vueling)21, hand baggage (i.e. baggage that is not checked in)should be considered asconstituting a 'necessary aspect'of the carriage of passengers on condition that such baggage meets 'reasonable requirements' in terms of its weight and dimensions, and that its carriage should not, therefore, be made subject to a price supplement. Airlines should also communicate carry-on baggage dimensions clearly to passengers.

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21Judgment of the Court (Fifth Chamber) of 18 September 2014, Vueling Airlines SA v Instituto Galego de Consumo de la Xunta de Galicia, Case C-487/12, ECLI:EU:C:2014:2232.

21Judgment of the Court (Fifth Chamber) of 18 September 2014, Vueling Airlines SA v Instituto Galego de Consumo de la Xunta de Galicia, Case C-487/12, ECLI:EU:C:2014:2232.

Council position

Amendment

(46 a) Greater clarity should be provided where a personal item or hand baggage is left behind or lost in the aircraft cabin in order to facilitate the handling of such requests, ensuring a streamlined process and preventing any additional burden or miscommunication for passengers.

Council position

Amendment

(47) Passengers should be informed at booking, in clear and accessible format, of the maximum dimensions and weight of the baggage they can bring with them in the cabin. Without prejudice to the freedom of pricing principle, air carriers should define a reasonable policy in terms of dimensions of hand baggage which enables passengers to take a piece of hand baggage into the cabin, provided that it complies with applicable safety and security requirements. Given the diversity of the air carriers' policies, it is appropriate that in the review of Regulation (EC) No 1008/2008 of the European Parliament and of the Council22 , the feasibility of setting up uniform minimal rules for hand baggage should be assessed.

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22 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).

Council position

Amendment

(48) Musical instruments can be of immense monetary, artistic and historical value. Moreover, musical instruments are the tools of musicians' trade used regularly for rehearsal and performance and cannot be easily replaced. Therefore, passengers should be entitled to carry musical instruments into the cabin under their own responsibility, provided those instruments respect capacity, safety and security rules and the air carrier's maximum baggage allowance policy. When capacity, safety and security requirements are fulfilled, the air carrier should endeavour to allow passengers to carry musical instruments on additional seats, provided that the corresponding fares have been paid. Where this is not possible, musical instruments should, where possible, be carried under the appropriate conditions in the cargo compartment of the aircraft. Therefore, Regulation (EC) No 2027/97 should be amended accordingly.

(48) Musical instruments can be of immense monetary, artistic and historical value. Moreover, musical instruments are the tools of musicians' trade used regularly for rehearsal and performance and cannot be easily replaced. Therefore, passengers should be entitled to carry musical instruments into the cabin under their own responsibility, provided those instruments respect capacity, safety and security rules and the air carrier's maximum baggage allowance policy. In order to allow the passengers concerned to assess whether their musical instrument can be stored in the cabin, air carriers should inform them about the size of storage facilities.When capacity, safety and security requirements are fulfilled, the air carrier should endeavour to allow passengers to carry musical instruments on additional seats, provided that the corresponding fares have been paid. Where this is not possible, musical instruments should, where possible, be carried under the appropriate conditions in the cargo compartment of the aircraft. Therefore, Regulation (EC) No 2027/97 should be amended accordingly.

Council position

Amendment

(51) It is necessary that the monetary limits referred to in the Annex to Regulation (EC) No 2027/97 be regularly amended by air carriers in order to take into account economic developments, as reviewed by the International Civil Aviation Organization (ICAO) pursuant to Article 24(2) of the Montreal Convention.

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Council position

Amendment

(52) The Draghi report emphasised the critical role of transport for Union competitiveness. It also outlined the risk of business diversion, resulting from asymmetric regulations, from transport hubs in the Union to hubs in the Union's neighbourhood. Regulation (EC) No 261/2004 applies to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, only if the operating air carrier of the flight concerned is a Union air carrier. Within three years of the application of Regulation (EC) No 261/2004, the Commission should assess the feasibility of revisingthe scope of thatRegulation with a view to further enhancing the level of passengers' protection and the level playing field between Union and third country air carriers.

(52) The Draghi report emphasised the critical role of transport for Union competitiveness. It also outlined the risk of business diversion, resulting from asymmetric regulations, from transport hubs in the Union to hubs in the Union's neighbourhood. Regulation (EC) No 261/2004 applies to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, only if the operating air carrier of the flight concerned is a Union air carrier. These findings support the Union legislator's decision to revisethe scope of thisRegulation with a view to further enhancing the level of passengers' protection and the level playing field between Union and third country air carriers.

Council position

Amendment

(53) A mechanism to safeguardpassengers in the event of air carrierinsolvency should be assessed in the context of the revision of Regulation (EC) No 1008/2008.

(53) The financial protection ofpassengers in the event of airline failure is a key component of an effective passenger rights regime. In order to strengthen air passengers' protection in the event of cancellations of flights due to theinsolvency of an air carrier or the suspension of an air carrier's operations due to the revocation of its operating licence, air carriersshould be obliged to provide sufficient evidence of security for the reimbursement of passengers or their repatriation.

Council position

Amendment

(53 a) The creation of a guarantee fund or a compulsory insurance scheme should for example enable air carriers to ensure that passengers can be reimbursed or repatriated when their flights are cancelled due to the insolvency of an air carrier or the suspension of its operations as the result of the revocation of its operating licence.

Council position

Amendment

(54) Greenland is subject to particularly harsh meteorological conditions, and is characterised by very low population density and the remoteness of its populated places. To ensure connectivity and to maintain the availability of flights within Greenland, flights within Greenland should not be covered by the obligations regarding compensation, including where those flights are connecting flights which arrive at or depart from the territory of a Member State to which the Treaties apply.

deleted

Council position

Amendment

(55) Regulation (EC) No 261/2004 should be without prejudice to the status of and sovereignty over the isthmus of Gibraltar in which the airport of Gibraltar is located and the legal position of the Kingdom of Spain in that regard. Taking into account the current circumstances and in order to provide legal certainty, it should be specified that the rules in Regulation (EC) No 261/2004 should only apply to Gibraltar airport when, following a settlement of the dispute between the Kingdom of Spain and the United Kingdom, the Kingdom of Spain is in a position to exercise effective control over the airport of Gibraltar and to ensure the application of the rules set out in Regulation (EC) No 261/2004 to that airport and a notification of the resolution of the dispute has been published in the Official Journal of the European Union.

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Council position

Amendment

(55 a) This Regulation respects fundamental rights and observe the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably consumer protection, the right to protection of personal data, the prohibition of any form of discrimination and the integration of persons with disabilities, the right to an effective remedy and to a fair trial.

Council position

Amendment

(55 b) In order to improve air passenger protection beyond Union borders, such rights should also be addressed in bilateral and international agreements.

Council position

Amendment

(55 c) Specific facilities for severely disabled passengers requiring changing and toilet facilities (so-called 'changing places') should be provided at no cost to the passenger at all Union airports with an annual passenger traffic volume of more than one million passengers.

Council position

Amendment

(c a) "airport managing body" means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned;

Council position

Amendment

(f a) "cost of the air ticket" means final price to be paid at the end of the reservation process that includes the air fare and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket, excluding intermediation fees, regardless whether those extras and fees have been paid together with the fares for the transport service or separately at a later stage;

Council position

Amendment

(f b) "reservation" means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or organiser;

Council position

Amendment

(b) point (g) is deleted;

deleted

Council position

Amendment

(i) "person with disabilities" and "person with reduced mobility" mean any person who has a permanent or temporary physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder that person's full and effective use of transport on an equal basis with other passengers orwhose mobility when using transport is reduced due to age;

(i) "person with disabilities" and "person with reduced mobility" mean any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers;

Council position

Amendment

(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 4(1), or where they were informed in advance that they will be denied boarding against their will, except where there are reasonable grounds to deny them boarding, such as health, safety, security or inadequate travel documentation;

(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 4(1), or where they were informed in advance that they will be denied boarding against their will.

Council position

Amendment

(i) the aircraft took off but, for whatever reason, either diverted to an airport other than the airport of arrival indicated on the ticket, or returned to the airport of departure, and could not continue to the airport of arrival indicated on the ticket, unless the actual airport of arrival and the airport of arrival indicated on the ticket serve the same town, city or region and the air carrier provided transport to the passenger to the airport of arrival indicated on the ticket, or

(i) the aircraft took off but, for whatever reason, either diverted to an airport other than the airport of arrival indicated on the ticket, or returned to the airport of departure, and could not continue to the airport of arrival indicated on the ticket, or

Council position

Amendment

(ii) a passenger has been issued a ticket for a flight and the time of departure indicated on the passenger's ticket has been brought forward by more than one hour, unless the check-in and boarding times remain unchanged, or unless the passenger has taken the rescheduled flight;;

(ii) a passenger has been issued a ticket for a flight and the time of departure indicated on the passenger's ticket has been brought forward by more than one hour.

Council position

Amendment

(o) "delay at arrival" means the difference in time between the time of arrival indicated on the passenger's ticket and the actual time of arrival of the flight;

(o) "delay at arrival" means the difference in time between the time of arrival indicated on the passenger's ticket and the actual time of arrival of the flight; a flight where the aircraft took off but was subsequently forced to return to the airport of departure and took off again at a later time is considered to be delayed at arrival;

Council position

Amendment

(p) "class of transport" means a part of the passenger cabin of the aircraft characterised by different seats, a different seat configuration or anyother differencein the service provided to passengers compared to other parts of the cabin;

(p) "class of transport" means a part of the passenger cabin of the aircraft characterised by either a specific code indicated in the air transport contract or a combination ofdifferent seats, a different seat configuration andother differencesin the service, such as specific catering,provided to passengers compared to other parts of the cabin;

Council position

Amendment

(q) "air transport contract" means a contract of carriage concluded between an air carrier or its authorised agent and a passenger, for the provision of one or more flights;

(q) "air transport contract" means a contract of carriage concluded between an air carrier or its authorised agent and a passenger or passengers, for the provision of one or more flights;

Council position

Amendment

(r) "extraordinary circumstances" means circumstances which by their nature or origin are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control, such as the circumstances in the non-exhaustive list of extraordinary circumstances set out in point 1 of the Annex, but excludes the circumstances in the non-exhaustive list of circumstances set out in point 2 of the Annex;

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Council position

Amendment

(t) "connecting flight" means a flight which, as part of a journey, is intended to enable the passenger to depart from the initial point of departure and to arrive at a transfer point in order to depart on another flight, or is intended to enable the passenger to depart from a transfer point to enable the passenger to reach another transfer point or the passenger's final destination;

(t) "connecting flight" means a flight under a single contract of carriage or a single booking reference, or both,which, as part of a journey, is intended to enable the passenger to depart from the initial point of departure and to arrive at a transfer point in order to depart on another flight, or is intended to enable the passenger to depart from a transfer point to enable the passenger to reach another transfer point or the passenger's final destination;

Council position

Amendment

(za a) "unaccompanied child" means a child travelling without an adult guardian and where the air carrier has accepted responsibility for care in accordance with its published rules;

Council position

Amendment

(zf a) "personal item" means a piece of unchecked baggage, 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;

Council position

Amendment

(zf b) "hand baggage" means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements.

Council position

Amendment

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Union air carrier.

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, unless they received equivalentbenefits or compensation and were given assistance in that third country.

Council position

Amendment

3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available, directly or indirectly, to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or intermediary.

deleted

Council position

Amendment

7. Article 7 of this Regulation shall not apply, if the disruption occurs on a connecting flight that both departs from and arrives at an airport in Greenland.

deleted

Council position

Amendment

This Regulation is without prejudice to the legal position of the Kingdom of Spain regarding the territory of Gibraltar, as well as the isthmus and the airport constructed thereon.

deleted

Council position

Amendment

It shall apply to Gibraltar airport when, following a settlement of its dispute with the United Kingdom, the Kingdom of Spain is in a position to exercise effective control over that airport and to ensure the application of this Regulation to that airport. The Kingdom of Spain shall notify the Commission when these conditions are met and the Commission shall publish a notification regarding the resolution of the dispute in the Official Journal of the European Union. This Regulation shall apply to that airport from the first day of the month following the date of the publication of that notification in the Official Journal of the European Union.;

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Council position

Amendment

When an operating air carrier reasonably expects to deny boarding on a flight, it shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights under this Regulation applicable to the case, in particular as regards the right to reimbursement orrerouting under Article 8and the right to assistance under Article 9.

When an operating air carrier reasonably expects to deny boarding on a flight, it shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights under this Regulation applicable to the case, in particular as regards the right to reimbursement,rerouting and compensationand the right to assistance under this Regulation.

Council position

Amendment

The operating air carrier shall call for volunteers under conditions to be agreed between each volunteer and the operating air carrier. Thisagreement with each volunteer regarding the benefits shall only replace the volunteer's right to compensation as laid down in Article 7(1) if the volunteer explicitly approves of it by means of a signed document or any digital means on a durable medium. In absence of such an approval, the volunteer shall be, without undue delay and at the latest within seven calendar days of the denied boarding,compensated by the operating air carrier denying boarding in accordance with Articles 7(1).

The operating air carrier shall call for volunteers under conditions to be agreed between each volunteer and the operating air carrier. The air carrier shall inform the volunteers of their rights in accordance with this Regulation. Theagreement with each volunteer regarding the benefits shall only replace the volunteer's right to compensation as laid down in Article 7(1) if the volunteer explicitly approves of it by means of a signed document or any digital means on a durable medium. In absence of such an approval, the volunteer shall be immediatelycompensated by the operating air carrier denying boarding in accordance with Articles 7(1).

Council position

Amendment

The operating air carrier denying boarding shall, without undue delay, offer to the passengers concerned, in a clear manner, the choice between reimbursement and rerouting in accordance with Article 8. By way of derogation from Article 8(1), point (a), when the passengers who were denied boarding are entitled to reimbursement it shall be granted without undue delay and at the latest within seven calendar days of the denied boarding.

The operating air carrier denying boarding shall, without undue delay, offer to the passengers concerned, in a clear manner, the choice between reimbursement and rerouting in accordance with Article 8. By way of derogation from Article 8(1), point (a), when the passengers who were denied boarding are entitled to reimbursement it shall be granted immediately.

Council position

Amendment

The operating air carrier denying boarding to passengers against their will shall compensate the passengers concerned in accordance with Article 7(1), without undue delay and at the latest within seven calendar days of the denied boarding.

The operating air carrier denying boarding to passengers against their will shall immediatelycompensate the passengers concerned in accordance with Article 7(1).

Council position

Amendment

5. Paragraphs 3 and 4 shall also apply to return flights where the passenger is denied boarding on the ground that the passenger did not take an outbound flight covered by the same air transport contract.

deleted

Council position

Amendment

5 a. Passenger shall not be denied boarding at the return journey, including one which consists of multiple flights, on the grounds that the passenger did not take the outbound flight of a return ticket or did not pay an additional charge for this purpose. If boarding is denied to passengers against their will on such grounds, this Article shall apply. In addition, the operating air carrier shall immediately compensate the passengers concerned in accordance with Article 7 and shall assist them in accordance with Articles 8 and 9.

Council position

Amendment

6. Where the passenger, or an intermediary, demands the correction of a spelling mistake in the name or given name(s) of one or several passengers or in case of administrative change to those names, the operating air carrier shall correct or change this at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary.;

deleted

Council position

Amendment

The operating air carrier shall, without undue delay, specify tothe passengers concerned the reasons for the cancellation. The passengers shall be entitled, upon request, to receive in writing the reasons for the cancellation. The operating air carrier shall provide suchinformation in a clear manner within seven calendar days of the submission of the request.

The operating air carrier shall informthe passengers concerned by electronic means ofthe reasons for the cancellation as soon as thisinformation is available, and in any event no later than 30 minutes after the scheduled departure time.

Council position

Amendment

4. Passengers shall have the right to receive compensation from the operating air carrier of the cancelled flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or,when they reach their final destination with a delay at arrival exceeding the thresholdsset out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b). To that end, the air carrier shall systematically provide the passenger with a pre-filled form in an accessible format and on a durable medium. The air carrier shall provide a reply within the deadline set out in Article 7(5).

4. Passengers shall have the right to receive compensation from the operating air carrier of the cancelled flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), and/orwhen they reach their final destination with a delay at arrival exceeding the thresholdset out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b). To that end, the air carrier shall systematically provide the passenger with a pre-filled form in an accessible format and on a durable medium in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union. The air carrier shall provide a reply within the deadline set out in Article 7(5).

Council position

Amendment

5. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation was caused by extraordinary circumstances and the cancellation could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances may only be invoked in so far as they affect the flight concerned or at least one of the threepreceding flights in the rotation sequence planned to beoperated by the same aircraft, and provided that there is a direct causal link between the occurrence of that circumstance and the cancellation of the flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier.

5. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation was caused by extraordinary circumstances and the cancellation could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances may only be invoked in so far as they affect the flight concerned or thepreceding flightoperated by the same aircraft, and provided that there is a direct causal link between the occurrence of that circumstance and the cancellation of the flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier.

Council position

Amendment

6 a. In the event of cancellation of a flight owing to insolvency, bankruptcy, or the suspension or cessation of the activities of an air carrier, passengers who are stranded shall be entitled to a reimbursement, the return flight to the point of departure or re-routing, and to care, as provided for in Articles 8 and 9 of this Regulation. Equally, air passengers who have not yet started their journey shall be entitled to reimbursement. Air carriers shall prove that they have taken all necessary measures, such as taking out an insurance policy or creating guarantee funds, to provide for the care, reimbursement or re-routing of stranded passengers where applicable. These rights shall apply to all passengers concerned irrespective of their place of residence, point of departure or where they bought their ticket.

Council position

Amendment

The operating air carrier shall, without undue delay, specify to the passengers concerned the reasons for the delay of the flight. The passengers are entitled, upon request, to receive in writing the reasons for the delay at arrival. The operating air carrier of the delayed flight shall provide such information in a clear mannerwithin 7 calendar days of the submission of the request.

The operating air carrier shall, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, specify to the passengers concerned the reasons for the delay of the flight. The passengers are entitled, upon request, to receive in writing the reasons for the delay at arrival. The operating air carrier of the delayed flight shall send to passengers the pre-filled common formwithin 48 hours following travel disruption for the purpose of reimbursement and compensation in accordance with Article 6c.

Council position

Amendment

3. When the delay reaches the thresholdsset out in Article 7(2) calculated from the time of departure indicated on the passenger's ticket, the operating air carrier shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8.

3. When the delay reaches the thresholdset out in Article 7(2) calculated from the time of departure indicated on the passenger's ticket, the operating air carrier shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8.

Council position

Amendment

3 a. Passengers shall have the right to compensation from the operating carrier in accordance with Article 7 where they depart no more than one hour before the scheduled time of departure and reach their final destination with a delay of 2 hours or more after the scheduled time of arrival, provided that the total time lost by the passenger before departure and following the delay at arrival is equal to or exceeds the threshold set out in Article 7(2).

Council position

Amendment

Passengers shall have the right to receive, upon request,compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they reach their final destination with a delay at arrival exceeding the thresholdsset out in Article 7(2).

Passengers shall have the right to receive compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they reach their final destination with a delay at arrival exceeding the thresholdset out in Article 7(2). To that end, the operating air carrier shall, systematically within 48 hours following the delay, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union].

Council position

Amendment

Passengers shall have the right to receive, upon request,compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the thresholdsset out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

Passengers shall have the right to receive compensation from the operating air carrier of the delayed flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the thresholdset out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

Council position

Amendment

6. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay at arrival was caused by extraordinary circumstances and the delay could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or at least one of the threepreceding flights in the rotation sequence planned to beoperated by the same aircraft and provided that there is a direct causal link between the occurrence of that circumstance and the delay at departure of the subsequent flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier.;

6. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay at arrival was caused by extraordinary circumstances and the delay could not have been avoided even if the air carrier had taken all reasonable measures. Such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or at least thepreceding flightoperated by the same aircraft and provided that there is a direct causal link between the occurrence of that circumstance and the delay at departure of the subsequent flight. The burden of proof regarding the existence of that direct causal link shall rest with the operating air carrier. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier. The above does not exempt air carriers from the requirement to provide passengers with assistance in accordance with Article 9.

Council position

Amendment

3. Where a tarmac delay reaches threehours in an airport situated in a territory of a Member State to which the Treaties apply, the aircraft shall proceed to the gate or another suitable disembarkation point where passengers shall be allowed to disembark. Beyond that deadline, a tarmac delay can only be prolonged if there are safety, immigration, air traffic control or security-related reasons why the aircraft cannot leave its position on the tarmac.

3. Where a tarmac delay reaches twohours in an airport with commercial passenger trafficsituated in a territory of a Member State to which the Treaties apply, the aircraft shall proceed to the gate or another suitable disembarkation point where passengers shall be allowed to disembark. Beyond that deadline, a tarmac delay can only be prolonged if there are safety, immigration, air traffic control or security-related reasons why the aircraft cannot leave its position on the tarmac.

Council position

Amendment

Passengers shall also have a right to receive, upon request,compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3), if they reach their final destination with a delay at arrival exceeding the thresholdsset out in Article 7(2).

Passengers shall also have a right to receive compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3), if they reach their final destination with a delay at arrival exceeding the thresholdset out in Article 7(2).

Council position

Amendment

Passengers shall have the right to receive, upon request,compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the thresholdsset out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

Passengers shall have the right to receive compensation from the air carrier operating the disrupted flight in accordance with Articles 7(1) and 7(3) when they choose a reimbursement in accordance with Article 8(1), point (a) or rerouting in accordance with Article 8(1), point (c), or, when they reach their final destination with a delay at arrival exceeding the thresholdset out in Article 7(2) after they choose rerouting in accordance with Article 8(1), point (b).

Council position

Amendment

Where paragraphs 2 and 3 of this Article apply, the operating air carrier shall, systematically within 48 hours following the missed connecting flight, provide the passenger with a pre-filled form in accordance with Article 16aa of Regulation [2023/0437(COD)] on enforcement of passenger rights in the Union.

Council position

Amendment

4. Where a passenger plans, and makes, a stopover, the airport where the stopover is made shall be regarded as the final destination of the passenger.;

deleted

Council position

Amendment

Article 6c

Extraordinary circumstances

1. Extraordinary circumstances shall be considered to be events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are outside that air carrier's actual control. For the purposes of this Regulation, extraordinary circumstances are limited to the circumstances set out in the Annex;

2. When a passenger has a right to compensation from the air carrier in accordance with Articles 4, 5 and 6, the air carrier shall send to the passenger in a written form, within 48 hours, the information about the presence or absence of extraordinary circumstances and provide access to a pre-filled common form in accordance with [16aa of Regulation [2023/..] on enforcement of passenger rights in the Union].

3. Where an unusual event outside the control of one or more Member States has occurred, which has a major impact on air travel with major unfavourable consequences for the aviation sector and which is not covered under Annex to this Regulation, the Commission is empowered to adopt a delegated act in accordance with Article 16h in order to amend the exhaustive list set out in that Annex by adding the relevant extraordinary circumstance, provided that this is strictly necessary to respond to such an unusual event.

Council position

Amendment

(a) 300EUR for all intra-Union journeys and forjourneys of 3 500kilometres or less;

(a) EUR 300for all journeys of 1 500kilometres or less;

Council position

Amendment

(b) 500EUR forjourneys above 3 500 kilometres.

(b) EUR 400 for alljourneys above 1 500 km and up to3 500 km;

Council position

Amendment

(b a) EUR 600 for all journeys above 3 500 km;

Council position

Amendment

By way of derogation from point (a), for journeys between outermost regions and another territory of a Member State to which the Treaties apply, the compensation amounts shall be determined on the basis of the actual distance of the journeys.

deleted

Council position

Amendment

1 a. Every three years, the Commission shall adopt a delegated act automatically adjusting the amounts of compensation referred to in this paragraph to the combined overall inflation rate of the three preceding years based on the European Index of Consumer prices published by Eurostat pursuant to Regulation (EU) 2016/7921a.

__________________

1a Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, pp. 11).

Council position

Amendment

2. In the case of a delay at arrival after rerouting following a cancellation under Article 5, a delay at arrival under Article 6 or a delay at arrival after a missed connecting flight under Article 6b, the right to compensation shall arise for delays at arrival of more than:

2. In the case of a delay at arrival after rerouting following a cancellation under Article 5, a delay at arrival under Article 6 or a delay at arrival after a missed connecting flight under Article 6b, the right to compensation shall arise for delays at arrival, or following a loss of time under Article 6, paragraph 3a, of three hours or more, regardless of the distance of the journey.

Council position

Amendment

(a) four hours for all intra-Union journeys and for journeys of 3 500 kilometres or less;

deleted

Council position

Amendment

(b) six hours for journeys above 3 500 kilometres.

deleted

Council position

Amendment

4. Where the passengers have chosen to continue thejourney pursuant to Article 8(1), point (b), and a further disruption occurs during rerouting, the passenger's right to compensation can only arise onceduring the journey to thefinal destination.

4. Where the passengers have chosen to continue theirjourney pursuant to Article 8(1), points (a), (b) or (c), and a further disruption occurs during rerouting, the passenger's right to compensation shall be upheldduring rerouting to their initial point of departure or to theirfinal destination.

Council position

Amendment

4 a. The compensation referred to in paragraph 1 shall be paid by electronic bank transfer to the account indicated by the passenger submitting the request. The operating air carrier and the passenger submitting the request may agree, on a durable medium, that the compensation be paid only by credit card or cash.

Council position

Amendment

4 b. The burden of proof to establish when and how the passenger accepted the agreement concerning the form of payment of compensation set out in paragraph 4a of this Article shall rest with the operating air carrier.

Council position

Amendment

Requests for compensation under this Article shall be submitted by the passenger within six months of the actual date of departure indicatedon the passenger's ticket. Within 14 calendardays of the submission of the request, the operating air carrier shall either pay the compensation or provide the passenger with a justification for not paying the compensation in accordance with Article 5(5) or Article 6(6), including, if applicable, a clear and substantiated explanation on extraordinary circumstances. Where the airport managing body activates its contingency plan, that deadline may be extended to 30 calendar days.

Requests for compensation under this Article shall be submitted by the passenger using the pre-filled common form sent by the operating air carrierwithin one year from the dateon which the flight was performed or was scheduled to be performed. Within seven workingdays of the submission of the request, the operating air carrier shall either pay the compensation or provide the passenger with a justification for not paying the compensation in accordance with Article 5(5) or Article 6(6) and Article 6c, including, if applicable, a clear and substantiated explanation on extraordinary circumstances.

Council position

Amendment

6. The compensation shall be paid in cash or, if agreed by the passenger in a signed document or any digital means on a durable medium, by other means.;

deleted

Council position

Amendment

In the case of a disruption, passengersshall be offered, free of charge, the choice between the following optionsunder the conditions definedin Articles 4, 5, 6, or 6b and in this Article:

In the case of a disruption, the operating air carriershall, without any further consideration andunder the conditions set outin Articles 4, 5, 6, or 6b and in this Article, offer the passengers a choice between the following options, to be provided free of charge:

Council position

Amendment

(a) automatic reimbursement within 14 calendardays from the date of departureof the disrupted flight indicated on the passenger's ticket, in cash, or, if agreedby the passenger in a signed document or any other digital means on a durable medium, by other means,of the full cost of the tickets, for the part or parts of the journey or journeys not made, and for the part or parts of the journey or journeys already made if the flight is no longer serving any purpose in relation to the passenger's original travel plans, together with, where relevant, a return flight to the initial point of departure, at the earliest opportunity after the time of departure indicated on the passenger's ticket or, in agreement with the passenger, before that time.

(a) automatic reimbursement following the completion via the pre-filled common formwithin seven workingdays from the passenger's requestof the disrupted flight indicated on the passenger's ticket, only by electronic bank transfer, credit card refundor bank order to the account indicatedby the authorisedpassenger of the full cost of the tickets, for the part or parts of the journey or journeys not made, and for the part or parts of the journey or journeys already made if the flight is no longer serving any purpose in relation to the passenger's original travel plans, together with, where relevant, a return flight to the initial point of departure, at the earliest opportunity after the time of departure indicated on the passenger's ticket or, in agreement with the passenger, before that time.

Council position

Amendment

(b) continuation of the passenger's journey by rerouting the passenger to his or her final destination at the earliest opportunity after the time of departure indicated on the passenger's ticket or, in agreement with the passenger, before that time; or

(b) continuation of the passenger's journey under comparable transport conditions,by rerouting the passenger to his or her final destination at the earliest opportunity after the time of departure indicated on the passenger's ticket or, in agreement with the passenger, before that time; or

Council position

Amendment

(c) rerouting to their final destination at a later date at the passenger's convenience, subject to availability of seats.

(c) rerouting, under comparable transport conditions,to their final destination at a later date at the passenger's convenience, subject to availability of seats.

Council position

Amendment

The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form.

Council position

Amendment

Where the airport managing body activates its contingency plan in accordance with Article 10a, the deadline referred to in point (a) of this paragraph may be extended to 30 calendar days.

deleted

Council position

Amendment

2. In order for the passenger to reach his or her destination as determined under paragraph 1 at the earliest opportunity, the operating air carrier shall, subject to availability and provided that these are under comparable transport conditions as set out in the air transport contract, offer at least one of the following alternative options for the passenger's consideration and agreement in a signed document or any other digital means on a durable medium:

2. In order for the passenger to reach his or her destination as determined under paragraph 1 at the earliest opportunity and with a total travel time as close as reasonably possible to the scheduled total travel time of the original flight, the operating air carrier shall, subject to availability and provided that these are under comparable transport conditions as set out in the air transport contract, offer at least one of the following alternative options for the passenger's consideration and agreement in a signed document or any other digital means on a durable medium:

Council position

Amendment

(b) a different routing, including to or from alternativeairports to the airportstated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger from the airport stated in the air transport contract to the alternative airport or to the airport stated in the air transport contract from the alternative airport;

(b) a different routing between the sameairports of departure and of arrival asstated in the air transport contract;

Council position

Amendment

(b a) rerouting to or from alternative airports to the airports stated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger between the airport stated in the air transport contract and the alternative airport;

Council position

Amendment

In the event of rerouting via another mode of transport or with another air carrier, the operating air carrier shall remain responsible for information, assistance and rerouting only until the departure of that rerouting service. The operating air carrier shall remain responsible for compensation for delay at arrival at the final destination in accordance with Article 7. The carrier operating the rerouting service shall be responsible for all other rights connected to that service in accordance with the applicable Union law on passenger rights for that mode of transport.

Council position

Amendment

Where a passenger informed the operating air carrier of his or her choice to continue his or her journey in accordance with paragraph 1, point (b) and paragraph 4, and if the operating air carrier has not offered within three hours a rerouting, the passenger may arrange his or her own rerouting in accordance with paragraph 2.

Where a passenger informed the operating air carrier of his or her choice to continue his or her journey in accordance with paragraph 1, point (b) and paragraph 4, and if the operating air carrier has not offered within three hours a rerouting under comparable transport conditions, the passenger may arrange his or her own rerouting in accordance with paragraph 2. If the passenger chooses to arrange his or her own rerouting, the passenger shall inform the operating air carrier accordingly. The passenger shall have the right to refuse re-routing options if those re-routing options are not under comparable transport conditions, and, in such case, shall maintain his or her rights to assistance in accordance with Article 9 while waiting for the re-routing.

Council position

Amendment

When arranging their own rerouting, the passengers shall limit the expenses to those that are necessary, reasonable and appropriate. The operating air carrier shall reimburse the expenses not exceeding 400 % of the full cost of the ticket or tickets incurred by the passenger within 14 calendardays of the submission of the request. Where the airport managing body activates its contingency plan, that deadline may be extended to 30 calendar days.

When arranging their own rerouting, the passengers shall limit the expenses to those that are necessary, reasonable and appropriate. The operating air carrier shall reimburse the expenses not exceeding 400 % of the full cost of the ticket or tickets incurred by the passenger within seven workingdays of the submission of the request

Council position

Amendment

4 a. The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form. The burden of proof concerning the passenger's choice shall rest with the operating air carrier. To that end, the operating air carrier shall also ensure that the choice made by the passenger pursuant to this Article is confirmed by means of a signed document or any digital means on a durable medium.

Council position

Amendment

In the case of a disruption and subject to the conditions referred to in Articles 4, 5, 6, 6a and 6b and inthis Article, and when the waiting time for their flight or alternative transportation is prolonged by at least two hours, passengers shall be offered, free of charge, the following:

Where reference is made tothis article, passengers shall be offered, free of charge, the following:

Council position

Amendment

(c) text messages,internet access and two telephone calls.

(c) internet access and two telephone calls.

Council position

Amendment

3. The operating air carrier may use vouchers to meet its obligations under paragraph 1, points (a) and (b) and paragraph 2. The vouchers provided in accordance with paragraph 1 shall be able to be used in all shops providing food and refreshments at the airport where the passengers concerned are stranded, on board their flight, and, as appropriate, at the accommodation provided pursuant to paragraph 2, point (a).

3. The operating air carrier may use vouchers to meet its obligations under paragraph 1, points (a) and (b) and paragraph 2. The vouchers provided in accordance with paragraph 1 shall be able to be used in all shops providing food and refreshments at the airport where the passengers concerned are stranded, on board their flight, and, as appropriate, at the accommodation provided pursuant to paragraph 2, point (a). A voucher provided in accordance with paragraph 2, point (a) can only be issued if the operating air carrier has pre-booked a room for the passenger concerned.

Council position

Amendment

4. Where the operating air carrier does not meet its obligations under paragraphs 1, 2 and 3, the passengers concerned may make their own arrangements. The air carrier operating the disrupted flight shall reimburse the expenses incurred by the passengers within 14 calendar days of the submission of the request for reimbursement, to the extent those expenses are necessary, reasonable and proportionate to the duration of the waiting time and to the costs of refreshments and meals at the location of the airport or the location of the accommodation where the passengers are stranded. Where the airport managing body activates its contingency plan, that deadline may be extended to 30calendar days.

4. Where the operating air carrier does not meet its obligations under paragraphs 1, 2 and 3, the passengers concerned may make their own arrangements. The air carrier operating the disrupted flight shall reimburse the expenses incurred by the passengers within 14 calendar days of the submission of the request for reimbursement, to the extent those expenses are necessary, reasonable and proportionate to the duration of the waiting time and to the costs of accommodation,refreshments and meals at the location of the airport or the location of the accommodation where the passengers are stranded. In case the air carrier fails to provide hotel accommodation within three hours, the passenger shall have the right to arrange their own accommodation and be reimbursed by the air carrier upon the presentation of the corresponding receipt, within seven working days.Where the airport managing body activates its contingency plan, that deadline may be extended to [...]calendar days. The reimbursable amount shall be up to a hotel ceiling referred to in an index published by the Commission reflecting prices in Member States in line with Eurostat data multiplied by a coefficient of 2, in order to account for limited availability and peak-time pricing and to incentivise the provision of accommodation via the operating air carriers within the three-hour deadline. Where the ceiling multiplied by the coefficient is not sufficient to allow the concerned passenger to find appropriate accommodation, the right to self-arrangement of accommodation by the passenger shall not free the operating air carrier from its obligation to provide accommodation.

Council position

Amendment

5. At all Union airports, the airport managing body shall put in place arrangements to ensure that drinking water and recharging stations for electronic devices can be made available, free of charge, regardless of the time of day, flight or terminal.

5. At all Union airports with commercial passenger traffic, the airport managing body shall put in place arrangements to ensure that drinking water and recharging stations for electronic devices can be made available, free of charge, regardless of the time of day, flight or terminal.

Council position

Amendment

2. If an operating air carrier places a passenger in a class of transport lower than that for which the ticket was purchased, it shall, without request, within 14 calendardays of the downgrading, by the means provided for in Article 7(6), provide the passenger with compensation at least equivalent to:

2. If an operating air carrier places a passenger in a class of transport lower than that for which the ticket was purchased, it shall, without request, within seven workingdays of the downgrading, by the means provided for in Article 7(6), reimburse:

Council position

Amendment

(a) 40% of the flight price for flights of 3 500kilometres or less;or

(a) 30% of the flight price for allflights of 1 500kilometres or less,or

Council position

Amendment

(b) 75% of the flight price for flights above3 500 kilometres.

(b) 50% of the flight price for all intra-Unionflights of more than 1 500 kilometres and for all other flights between 1 500 and3 500 kilometres, or

Council position

Amendment

(b a) 75 % of the cost of the flight price for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French outermost regions.

Council position

Amendment

5. This Article shall not apply to advantages included in a higher fare within the same class of transportsuch as specific seating or catering.;

5. This Article shall not apply to ancillary services,such as specific seating or catering, which are independent from the class of transport and sold separately.

Council position

Amendment

1. At a Union airport which hasannual passenger traffic of more than 5million passengers, the airport managing body shall ensure that the operations of the airport managing body and of airport essential service providers, in particular the air carriers, and the suppliers of groundhandling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport. The contingency plan shall be set up to ensure that adequate information is given to stranded passengers and shall contain arrangements in order to minimise their waiting time and discomfort.

1. At a Union airport with anannual passenger traffic volume of not less than 4million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport managing body and of airport essential service providers, in particular the air carriers, and the suppliers of groundhandling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport. The contingency plan shall be set up to ensure that adequate information is given to stranded passengers and shall contain arrangements in order to minimise their waiting time and discomfort.

Council position

Amendment

3. The contingency plan shall be set up in particular with the participation of the Airport Users Committee referred to in Council Directive 96/67/EC*, of the providers of groundhandling services, and of other airport essential service providers. The contingency plan shall also contain the contact data of the person or persons designated by the air carriers participating in the Airport Users Committee in order to represent them on the spot in the case of multiple cancellations, of multiple delays of flights, or both. The air carrier shall ensure that any designated person has the necessary means to assist passengers in accordance with the obligations arising from this Regulation in the case of a disruption.

3. The contingency plan shall be set up in particular with the participation of the Airport Users Committee referred to in Council Directive 96/67/EC*, of the providers of groundhandling services, and of other airport essential service providers, including special assistance providers for passengers with a disability or with reduced mobility. The contingency plan shall be set up with the participation of the relevant authorities where appropriate. The contingency plan shall also contain the contact data of the person or persons designated by the air carriers participating in the Airport Users Committee in order to represent them on the spot in the case of multiple cancellations, of multiple delays of flights, or both. The air carrier shall ensure that any designated person has the necessary means to assist passengers in accordance with the obligations arising from this Regulation in the case of a disruption.

Council position

Amendment

4. The airport managing body shall communicate the contingency plan to the Airport Users Committee referred to in Directive 96/67/EC and, upon request, to the national enforcement body entrusted with theenforcement of this Regulation under Article 16(1)of this Regulation.

4. The airport managing body shall communicate the contingency plan to the Airport Users Committee referred to in Directive 96/67/EC and, upon request, to the national enforcement body designated pursuant to Article 16. The nationalenforcement body shall monitor the compliance of the airport managing body with the requirementsof this Article.

Council position

Amendment

-1. The rights of persons with disabilities and persons with reduced mobility laid down under this Article shall be without prejudice to the rights they enjoy under Regulation (EC) No 1107/2006.

Council position

Amendment

3. At the latest at check-in, and subject to seat availability,any person accompanying the persons referred to in paragraph 2 or accompanying a child shall be offered, free of charge, the possibility of being seated in a seat adjacent to that person or child.

3. Any person accompanying the persons referred to in paragraph 2 or accompanying a child, under the same air transport contract,shall be offered by the air carrier, free of charge, the possibility of being seated in a seat adjacent to that person or child. Where adjacent seats are unavailable, the air carrier shall endeavour to assist the accompanying person(s) to find adjacent seats.

Council position

Amendment

4. At boarding, operating air carriers shall give priority to persons referred to in paragraph 2 and any person or recognised assistance dogs accompanying them.

4. At boarding, operating air carriers shall give priority to persons referred to in paragraph 2 and any person or recognised assistance dogs accompanying them, as well as to children in a pram or a pushchair with their accompanying person.

Council position

Amendment

4 a. Operating air carriers shall ensure, at no additional cost, that infants and children in need of a pram or a pushchair can be transported in a pram or a pushchair up to the boarding gate or aircraft door, and that a pram or a pushchair is made available to them at the aircraft door, unless there are safety, security, capacity or operational constraints.

Council position

Amendment

4 b. Where the airport does not fulfil its obligations under Articles 7 and 8 of Regulation 1107/2006 and, as a result, persons with disabilities and persons with reduced mobility or unaccompanied minors miss their flight, the air carrier shall be responsible for compensation, rerouting and assistance of those passengers in accordance with Articles 7, 8 and 9 of this Regulation. By ... [date of application of this amending Regulation], the Commission shall define the detailed arrangements for the application of the respective responsibilities of the air carrier and the airport managing body and the means of redress, through an implementing act in accordance with Article 16bd of this Regulation. This implementing act shall not undermine the air carrier's responsibilities in relation to the compensation, rerouting and assistance of passengers under this paragraph.

Council position

Amendment

(13 a) the following Article is inserted:

'Article 11a

Right to personal item and hand baggage

1. Passengers shall always have the right to a carry on board one personal item, such as a small bag, handbag, backpack or laptop bag, provided that that it can be safely stowed under the seat in front of the passenger. Air carriers shall not charge the passenger any supplement or additional fees on top of the price of the flight ticket for this personal item. It is mandatory that carriers provide clear, transparent, and easily accessible information on the weight and dimension requirements for the personal item at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey.

2. Passengers shall always have the right to carry on board one piece of hand baggage. The hand baggage shall not be subject to price supplement on the price of the flight ticket within the maximum dimensions of 100 cm (sum of length, width, and height) and maximum weight of 7 kilos. Air carriers may apply different provisions regarding additional or larger hand baggage.

The hand baggage may be stored either in the aircraft cabin (as carry-on baggage) or in the aircraft hold. The carrier may refuse to allow the hand baggage on board only on grounds of security connected with the weight or size of the hand baggage in relation to the characteristics of the aircraft.

Air carriers shall provide clear, transparent, and easily accessible information on the weight and dimension requirements for the hand baggage at the time of booking and after the booking is completed, ensuring passengers are fully informed before their journey.

3. For the event that a personal item or hand baggage is left behind in the aircraft cabin, the operating and contracting air carriers shall establish in advance which party is responsible for handling any subsequent requests. The designated responsible air carrier shall automatically inform the passengers, upon the completion of booking, regarding the procedure for retrieving forgotten personal items or hand baggage. This information shall be communicated in a clear and comprehensive manner and shall include electronic contact details, applicable forms, and any other pertinent details necessary for the passenger to initiate a request.

Council position

Amendment

(13 b) the following Article is inserted:

'Article 11aa

Right to transfer a ticket in the case of death of the passenger concerned or of a close family member

1. A transfer of a ticket to another person shall be permitted in the event of the death of the passenger concerned or of a close family member. The passenger concerned by the loss or the person handling the deceased passenger's affairs may request the transfer of the ticket upon presentation of appropriate supporting documentation on a durable medium.

2. Air carriers, operators or intermediaries shall be obliged to process such requests under transparent and fair conditions.

3. Where such a request is provided at least 72 hours prior to the flight and upon presentation of appropriate supporting documentation on a durable medium, it shall in all cases be considered reasonable and shall not be subject to any additional charge.

4. Where such a request is provided in the 72 hours prior to the flight departure and upon presentation of appropriate supporting documentation on a durable medium, the air carrier or the intermediary shall inform the transferor of any possible charges that may be incurred. These charges must be reasonable and must not exceed the actual cost borne by the carrier or intermediary for transfer of the ticket.'

Council position

Amendment

(13 c) the following Article is inserted:

Article 11b

Check-in

1. Passengers shall have the right to check in either online or at the airport without incurring any additional charges. For this purpose, air carriers may provide self-service check-in stations at the airport to facilitate the check-in process.

2. Passengers shall have the right to choose, at their discretion, to use a boarding pass either in paper format or in digital format.

Council position

Amendment

(14 a) the following Article is inserted:

'Article 12a

Correction of spelling mistakes

1. The operating air carrier shall, upon receipt of a request submitted at the latest 48 hours before the scheduled time of departure, correct spelling mistakes in a passenger's name or update a passenger's name in the case of an administrative change. Such a correction or update shall be made free of charge at least once.

2. The request referred to in paragraph 1 may be submitted by:

(a) a passenger in relation to that passenger's name or the name of any passenger whose ticket is part of the same air transport contract as the ticket of the passenger submitting the request;

(b) an intermediary in relation to the name of a passenger in respect of whom the intermediary has made the booking.

Any correction or update made pursuant to paragraph 1 may not constitute a transfer of ticket from the passenger to another person.'

Council position

Amendment

In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable Union or national law.;

In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable Union or national law. In particular, this Regulation shall in no way restrict the right of the operating air carrier to seek compensation or to recover its costs from an airport or other third party with whom the operating air carrier has a contract.

Council position

Amendment

1. The operating air carrier shall include on its website and mobile application an information notice specifying rights under this Regulation, including complaint handling process.

1. The operating air carrier and the intermediaryshall include on its website and mobile application in a clear, accessible and unambiguous manneran information notice specifying rights under this Regulation, including information on thecomplaint handling process. In order to comply with this requirement, the operating air carrier may use a summary of the provisions of this Regulation prepared and made available to the public by the Commission in all official languages of the Union.

Council position

Amendment

When offering tickets for a flight or connecting flights and prior to the purchase, air carriers and intermediaries shall inform the passenger of the following:

When offering tickets for a flight or connecting flights and prior to the purchase of such flights, air carriers and intermediaries shall inform the passenger of the following:

(a) the type of ticket or tickets being offered, in particular whether the ticket or tickets are covered by a single air transport contract or a combination of separate air transport contracts;

(a) the type of ticket or tickets being offered, in particular whether the ticket or tickets are covered by a single air transport contract or a combination of separate air transport contracts;

(b) the rights and obligations of the passenger, the operating air carrier and the intermediary under this Regulation, as attached to the air transport contract, including information on the reimbursement process;

(b) the rights and obligations of the passenger, the operating air carrier and the intermediary under this Regulation, as attached to the air transport contract, including information on the reimbursement process;

(b a) on the core travel services and optional price supplements

(c) the deadline and the procedure by which passenger can request a change in name as specified in Article 4(6), without any additional charge; and

(c) the deadline and the procedure by which passenger can request a change in name as specified in Article 4(6), without any additional charge; and

(d) the terms and conditions of the air transport contract.

(d) the terms and conditions of the air transport contract.

In order to comply with the information requirement set out in point (b) of the first subparagraph, the air carrier and the intermediary may use a summary of the provisions of this Regulation prepared and made available to the public by the Commission in all official languages of the Union.

Council position

Amendment

3. An intermediary or an air carrier which sells tickets covered by a combination of air transport contracts shall inform the passenger prior to the purchase, that the tickets are covered by separate air transport contracts and that the rights under Articles 7, 8 and 9 relating to compensation, reimbursement, rerouting or assistance in the case of a missed subsequent flight do not apply under the separate air transport contract. That information shall be provided in a clear manner when selling the tickets.

deleted

Air carriers and intermediaries shall provide the information pursuant to this paragraph in the language of the air transport contract and a language that is internationally used on a durable medium.

Council position

Amendment

4. The airport managing body shall ensure that at the check-in desks (including at self-servicecheck-in machines) and at the boarding gate, the following text is displayed in a clearmanner: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the information notice stating your rights, particularly with regard to reimbursement or rerouting, assistance and possible compensation". That text shall be displayed at least in the language or languages of the location of the airport and in a language that is internationally used. To that end, airport managing bodies shall cooperate with operating air carriers.;

4. The airport managing body and operating air carriershall ensure that at the check-in desks (including at self-servicecheck-in machines), on websiteand at the boarding gate, the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, or of more than 3 hours at arrival at your final destination, ask at the check-in counter or boarding gate for the information notice stating your rights, particularly with regard to reimbursement or rerouting, assistance and possible compensation". That text shall be displayed at least in the language or languages of the location of the airport and in a language that is internationally used. The airport managing body and operating air carrier shall also ensure that at the check-in desks, next to the text, a QR code or any other technical means is displayed to access the mobile application of the Commission on passenger rights containing a summary of this Regulation.To that end, airport managing bodies shall cooperate with operating air carriers.;

Council position

Amendment

4 a. At the time of booking, the operating air carriers shall provide information to passengers on the complaint handling processes and the relevant time limits as defined in Article 15 aa. Information on complaint handling shall also be accessible on the air carriers' and intermediaries' websites and applications and shall be communicated in the email that notifies passengers of any event that could give rise to the rights enshrined in this Regulation.

Council position

Amendment

4 b. Air carriers shall set up, at each airport where they operate, contact points at which they shall ensure the presence of contact personnel or a third party commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, in order to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding or lost or delayed baggage. During the air carriers operating hours and until the last passenger disembarks from the last airplane and for the duration of time that can be reasonably expected to complete passport and customs formalities, retrieve any checked-in luggage and arrive at the designated contact point at an unhurried pace, those contact points shall be available for the purpose of assisting passengers concerning inter alia, reimbursement, re-routing, rebooking and of accepting the lodging of their complaints.

Council position

Amendment

4 c. The operating air carrier shall provide the passengers with clearly legible and transparent information about passenger rights and contacts for help and assistance on electronic tickets and electronic and printed versions of a boarding card.

Council position

Amendment

4 d. In the event of any travel disruption that would give rise to the rights set out in this Regulation, the operating air carrier shall, as soon as possible, fully inform the affected passengers and provide them with a notice setting out the rules for reimbursement, rerouting, compensation and assistance in line with this Regulation, including information on possible limitations pursuant to Article 9(4), where relevant, the operating air carrier shall also send the passenger the pre-filled common form pursuant to Article 15a. The contact details of the national enforcement body or other body designated under Article 16 shall also be given to the passenger in written form.

Council position

Amendment

4 e. Air carriers and intermediaries, where relevant, shall provide the information pursuant to this Article in the language of the air transport contract and a in language that is used internationally and on a durable medium.

Council position

Amendment

4 f. The information for, and the correspondence with, passengers under this Regulation shall be provided by electronic means, where technically possible. Where information is provided by such means, air carriers and intermediaries shall ensure that any written correspondence, including the date and time of such correspondence, can be kept for further reference. The burden of proof concerning the questions as to whether and when they have provided the necessary information to passengers shall rest with air carriers and intermediaries. All means of communication shall enable the passenger to contact air carriers and intermediaries quickly, free of charge and to communicate effectively.

Council position

Amendment

4 g. In respect of blind and visually impaired persons, persons with cognitive or intellectual disabilities, and persons with reduced mobility, this Article shall be applied using appropriate alternative and accessible means.

Council position

Amendment

4 h. The airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport. On the basis of the information received, it shall also ensure that passengers present at the airport are informed about the causes in cases of delays and flight disruptions, such as the cancellation of their flight, and their rights in relation to those delays and disruptions, and about their rights in the event that the airline unexpectedly ceases operations, for example in the event of its insolvency or revocation of its operating licence.

Council position

Amendment

4 i. In the event of cancellation or delay at departure, passengers shall be informed by the operating air carrier of the situation, including of the cause of the disruption, as soon as this information is available, and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time, provided that the air carrier has received the passenger's contact details in accordance with [*Enforcement Regulation] in case the ticket was acquired via an intermediary.

Council position

Amendment

4 j. Air carriers and intermediaries shall provide accessible and effective telephone assistance for all passengers once a flight has been booked; this telephone assistance service shall provide information and alternative proposals in the event of flight disruption and shall under no circumstances exceed the cost of a local call.

Council position

Amendment

4 k. Any electronic communication to the passenger notifying him or her of cancellation, long delay, or change of schedule shall state prominently that the passenger may be entitled to compensation and/or assistance under this Regulation.

Council position

Amendment

1. Each air carrier and eachintermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. They shall make their contact details available in the language of the air transport contract and a language that is internationally used. Details of the complaint-handling procedure shall be accessible to the public, including in an accessible format for persons with disabilities and persons with reduced mobility. They shall also inform passengers 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. That information shall be available in the official language or languages of the Member States in which the air carrier and the intermediary are operating.

1. Each air carrier and intermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility.

Council position

Amendment

2. Whenpassengers submit a complaint using the mechanismreferred to in paragraph 1,such a complaint shall be submitted within six months of the disruption concerned. Within 30 calendar days of the submission of the complaint, the air carrier, or the intermediary, towhich the complaint is addressed shall either provide a reasoned reply or, in duly justified exceptional cases, inform the passenger that the passenger will receive a final reply within a period of less than two months of the date of submission of the complaint. The answer shall also contain, in a case where the dispute could not be resolved, the relevant contact details of the body or bodies designated under Articles 16 or of the body or bodies responsible for the out-of-court resolution of disputes under Article 16a, including postal address, website and e-mail address of such body or bodies.

2. Passengers maysubmit a complaint to any air carriers or intermediaries regarding their respective fields of responsibility via the mechanismsreferred to in paragraph 1.Such a complaint shall be submitted within one year from the date onwhich the flight departed or was scheduled to depart.

Council position

Amendment

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.

Council position

Amendment

2 b. The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier and the intermediary.

Council position

Amendment

3. The submission of complaints by passengers using the mechanism referred to in paragraph 1shall be without prejudice to their right to submit disputes for out-of-court resolution in accordance with Article 16a, or to seek redress through court proceedings, subject to periods of limitation in accordance with national law.;

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, itshall be deemed to have accepted the passenger's claims.

Council position

Amendment

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.

Council position

Amendment

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.

Council position

Amendment

3 c. The burden of proof regarding the provision of the requisite information to passengers shall rest with the air carrier and the intermediary.

Council position

Amendment

Article 16

Article 16

Enforcement

Designation of nationalenforcement bodies

Council position

Amendment

1. Each Member State shall designate a national enforcementbody or national EnforcementBodies responsible for the enforcement of this Regulation as regards journeys to and from airports situated on its territory. The Member States shall inform the Commission of the body or bodies that have been designated in accordance with this paragraph.

1. Each Member State shall designate a body or bodies responsible for the enforcement of obligations laid down inthis Regulation

Council position

Amendment

2. The national enforcementbody shall closely monitor the compliance with the requirements of this Regulation and take the measures necessary to ensure that the rights of passengers are respected.

2. Eachbody 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.

Council position

Amendment

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.

Council position

Amendment

3. Passengers may report alleged infringements of this Regulation to the national enforcement body. The national enforcement body may investigate the alleged infringements reported and decide on enforcement actions based on information contained in those reports.

deleted

Council position

Amendment

4. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. In particular, such sanctions shall be sufficient to provide carriers and intermediaries with a financial incentive to consistently comply with this Regulation.

deleted

Council position

Amendment

5. By … [6 years from the date of entry into force of this amending Regulation] and every five years thereafter, the national enforcement bodies shall publish on their websites a report on their activity, on the enforcement action and its outcome, including on sanctions applied. These reports shall also be submitted to the Commission.

deleted

Council position

Amendment

(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. Furthermore, the air carrier shall demonstrate that all reasonable measures were taken to prevent the cancellation or delay of the flight in question.

7. The national enforcement body shall disseminate such information to the bodies designated for alternative dispute resolution pursuant to this Regulation, where available.

8. Every two years by 30 June, the national enforcement bodies shall publish reports with statistics on their activity, including, where relevant, on penalties applied during the two preceding calendar years.

9. On the basis of data which air carriers, airport managing bodies and intermediaries are required to provide on service quality standards as defined in Article 15a, the national enforcement body shall publish statistics concerning the number and nature of complaints, the number of cancellations, denied boardings and delays and their duration and data on lost, delayed or damaged baggage.

10. Air carriers and intermediaries shall give their contact details to the national enforcement body or bodies of the Member States in which they operate.'

Council position

Amendment

(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 infringements by airport managing body, the complaint shall be handled by the national enforcement body or any other body designated under paragraph 2 of the Member State on whose territory the incident occurred.

5. National Enforcement bodies or any other body designated under paragraph 2 of this Article shall be able to deal with individual passenger complaints and be granted, at least, with the minimum investigative and enforcement powers defined in article 9 of the Regulation (EU) 2017/2394 of the European Parliament and of the Council1b.

6. Decisions of national enforcement bodies or of any other body designated under paragraph 2 shall be binding on both parties and enforceable, without prejudice to the right of parties to access the judicial system. '

__________________

1a Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63, ELI: http://data.europa.eu/eli/dir/2013/11/oj).

1b Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/2394/oj).

Council position

Amendment

(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.

Council position

Amendment

(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.

Council position

Amendment

(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.

Council position

Amendment

(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.

Council position

Amendment

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-courtresolution of disputes. Member States shall inform the Commission of the body or bodies responsible for the handling of disputes under this Article. Member States may decide to apply this Article to disputes betweenair carriers orintermediaries, on the one hand, and consumers only, on the other hand.;

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-courtresolution of disputes. Member States shall inform the Commission of the body or bodies responsible for the handling of disputes under this Article. The participation ofair carriers andintermediaries, 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.;

Council position

Amendment

(19 a) the following Article is inserted:

Article 16aa

Compliance documents

1. Union air carriers shall prepare and submit to the national enforcement body of the Member State that issued their operating licence pursuant to Regulation (EC) No 1008/2008 and to the Commission by [1 January xxxx] a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of this Regulation.

2. The Commission may adopt implementing acts, laying down the minimum contents of such compliance documents. The minimum contents shall at least contain contingency plans for major disruptions, identify those responsible for providing assistance and other rights, the practical arrangements and procedures by which complaints are handled and assistance and compensation are provided, and procedures and templates for communication with passengers. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16c (2).

3. Any other carrier providing services from a Union airport shall submit a compliance document to the national enforcement body s of all Member States in which they operate and to the Commission.

4. Air Carriers shall review their compliance documents and submit updated versions to the relevant national enforcement body or bodies and to the Commission every three years starting on [1 January xxxx].

5. The national enforcement body shall take account of the compliance documents submitted by air carriers, checking, where possible, the validity of compliance documents against complaints information.

Council position

Amendment

(19 b) the following Article is inserted:

Article 16ab

Exercise of delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 6c and Article 7 shall be conferred on the Commission for a period of five years from [the date of entry into force of this amending Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of powers referred to in Article 6c and Article 7 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 6c and Article 7 shall enter into force only if no objection has been expressed by either the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Council position

Amendment

(19 c) the following Article is inserted:

Article 16ac

Committee procedure

1. The Commission shall be assisted by the Passenger Rights Committee, composed of two representatives of each Member State and of which at least one will represent a national enforcement body. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Council position

Amendment

1. By … [5 years from the date of entry into force of this amending Regulation] and every three years thereafter, the Commission shall report to the European Parliament and the Council on the list of extraordinary circumstances set out in the Annex, in the light of the events affecting the timely and effective operation of flights having occurred during the two years preceding each report.

deleted

The report shall be accompanied, where necessary, by a legislative proposal.

Council position

Amendment

That report shall also include a review of the amounts set out in Article 7(1) and the percentages set out in Article 10(2), taking into consideration inter alia the evolution of air fares, the inflation rate and statistics on denied boarding, cancellations, delays and missed connecting flights imputable to air carriers, as well as statistics on downgrading, during the five preceding years.

deleted

Council position

Amendment

(a) the necessity and the feasibility of revising the scope of this Regulation with a view to further enhancing the protection of passengers and the level playing field between Union and third country air carriers, as well as connectivity aspects. In particular, the Commission shall assess the risks of conflict of jurisdictions and difficulties related to enforcement and shall recommend ways to mitigate those risks and address those difficulties;

deleted

Council position

Amendment

(b) the necessity of adjusting the thresholds set out in Article 7(2) on the basis of statistics regarding the evolution of delays and cancellations during the five years preceding the Commission assessment and every year from … [2 years from the date of entry into force of this amending Regulation];

deleted

Council position

Amendment

(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;

(l) "personal item" means a piece of unchecked baggage, 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;

Council position

Amendment

(3) in Article 3, paragraph 2 is deleted;

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

'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'.

Council position

Amendment

(3 a) 2a. 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).

Council position

Amendment

3 a. 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.

Council position

Amendment

1. 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 throughthe 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.;

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 shallensure 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 viathe 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.

Council position

Amendment

(a a) the following paragraph is inserted: