Changes from plenary report to plenary report

RemovedSHORT JUSTIFICATION

RemovedThe Air Passenger Rights Regulation (“261”) is a major piece in European consumer protection, granting passengers rights for significant flight disruptions. The regulation is now at a pivotal moment, with negotiations between the Council and Parliament in second reading attempting to reach an agreement after the file remained blocked in Council for 11 years.

RemovedIn an unprecedented move, the Council invoked second reading against Parliament’s explicit and constructive request to continue at first reading, claiming this would accelerate negotiations—while effectively placing Parliament under pressure, presumably assuming that the necessary majorities would be more difficult to reach. In this regard, the TRAN Committee has expressed that this step represents a departure from the principle of loyal interinstitutional cooperation.

RemovedThe TRAN Committee has remained united and firm in its unanimous response to Council’s maneuver by adopting guidelines for second-reading negotiations on 13 October 2025. This draft recommendation builds on those guidelines while adjusting several provisions in light of ongoing negotiations, where limited advances have been possible and where the text could be further improved. The amendments tabled by the Rapporteur in this draft recommendation to Council first reading position have been consolidated, and will undergo further consolidation at the amendment stage, in cooperation with the shadows of all groups involved in the negotiations, in a strong spirit of unity. They are based on the following principles:

Removed1. No Rollback of Passenger Rights

RemovedParliament’s primary principle in these negotiations is the preservation of existing passenger rights. From the outset, it has been made clear that any rollback of rights—such as raising the three-hour threshold for compensation or decreasing the compensation amounts —would be unacceptable. This is not merely a political stance, it is grounded in two decades of legal and regulatory developments, reinforced by a substantial body of case law from the Court of Justice of the EU.

RemovedThe 2004 Regulation was adopted with the explicit objective of ensuring “a high level of protection for passengers” and “raising standards of protection,” reflecting the co-legislators’ clear intent to protect passengers against travel disruptions. Any attempt to reduce current entitlements on the basis of outdated and biased data would not only contradict this intent but would also undermine legal certainty, expose the Regulation to legal challenges, and be politically indefensible before EU citizens.

RemovedThe vast majority of delays occur under three hours, highlighting that the current thresholds focus on the most serious disruptions. Furthermore, delays caused by extraordinary circumstances remain excluded, limiting airline responsibility to situations within their control and ensuring that economic impacts remain manageable. Parliament’s position thus maintains a strong focus on protecting citizens while balancing practical considerations for airlines.

Removed2. A Truly Balanced Approach Between Airlines and Passengers

RemovedParliament is committed to a balanced approach that safeguards passenger rights without imposing unnecessary burdens on airlines. This balance can be achieved through targeted measures that improve efficiency, clarity and fairness. Key proposals in the amendments include:

RemovedSimplified Claims Procedures: Parliament seeks to simplify claims processing, making it faster and less bureaucratic for both passengers and airlines. This includes eliminating de facto dependence on claims agencies by providing direct, unambiguous access to rights enforcement and quasi-automatic reimbursement and compensation in all categories of disruption, via an obligation on air carriers to proactively provide passengers with a pre-filled form.

RemovedScope Expansion: The Regulation should apply consistently across all flights within the EU and flights arriving from or departing to third countries, ensuring equal treatment for passengers irrespective of carrier nationality. This addresses competitive disparities between EU and non-EU airlines, particularly on long-haul routes and constitutes an important step towards a more level playing field.

RemovedAvoid undue financial burden for airlines: The draft recommendation supports a cap to the number of hotel nights airlines must cover for passengers when a journey cannot continue due to extraordinary circumstances. By allowing carriers to cap the number of hotel nights they must provide in cases of extraordinary circumstances, the text ensures that airlines are not obliged to cover unlimited accommodation costs for disruptions they could neither foresee nor prevent. In essence, it draws a fair boundary between genuine passenger assistance and undue financial burden for situations for which the airline bears no fault.

RemovedBaggage Rights and Information: Clear and timely information must be provided to passengers regarding baggage procedures, including remedies for delayed, lost, or damaged baggage. Practical solutions such as QR codes linking to European Commission smartphone application or directly providing access to the complaint form would empower passengers without imposing unnecessary costs.

RemovedCheck-in and Boarding Pass Rules: Airport check-in fees should be prohibited, and passengers must retain the right to choose between digital and paper boarding passes. These measures prevent discriminatory practices and protect passengers’ freedom of choice.

Removed3. Improved Rights for Special Category Passengers

RemovedSpecial attention is given to passengers with disabilities, reduced mobility, and children. Parliament emphasises that these passengers must receive additional protections, to reflect the EU’s commitment to inclusivity, accessibility, and social responsibility, ensuring that all passengers can travel with dignity. This includes a right for compensation under this regulation for PRMs who have missed a flight due to the non-provision of assistance that has been requested within the deadlines, a right for the accompanying person to be seated on an adjacent seat free of charge and also right for parents or guardians of little children to bring a pram or a pushchair to the aircraft door at the airport of departure and to receive it back at the aircraft door at the airport of arrival.

Removed4. Legal Certainty

RemovedLegal certainty is a cornerstone of this draft recommendation. Over the past decades, numerous Court interventions have been necessary to clarify the original Regulation. To prevent future disputes, Parliament proposes codifying to the extent possible settled case law into the revised Regulation. This includes rules on:

RemovedDenied Boarding and Overbooking: Ensuring immediate, enforceable compensation for passengers denied boarding through no fault of their own.

RemovedCancellations and Rerouting: Clear options for passengers, with transparent and immediate offers of rerouting or refunds.

RemovedHand Luggage: Codifying Court guidance to prohibit airlines from charging excessive fees for hand luggage.

RemovedExtraordinary Circumstances: An exhaustive and updateable list clarifies airline responsibility while remaining flexible for unforeseen events.

RemovedThese measures will reduce ambiguity, prevent litigation, and ensure that passenger rights are both respected and enforceable.

Removed***

RemovedThis draft recommendation reflects the Rapporteur’s determination to deliver a modernised and balanced Regulation 261. It consolidates the TRAN Committee’s unified position, integrates feedback from the political groups, and incorporates improvements identified during negotiations. Amendments in this draft report maintain fairness for passengers while remaining mindful of the financial burden of airlines and their international competitiveness. Parliament remains committed to reaching a high-quality agreement, while fully safeguarding the already existing rights EU passengers have relied upon for two decades.