Agreement reached on EC261 reform to strengthen passenger rights

Since our previous article on the proposed amendments to EC261, the Council and Parliament have reached agreement on the new regulation, which is now before them for voting.

Subject to remaining formalities, the agreement is likely to be adopted and come into force in 2027. Airlines should review their infrastructure to ensure compliance, not least given the new restrictive timelines for information, compensation and assistance.

 

Background

In March 2013, the Commission adopted proposals to clarify passenger rights while limiting airlines’ cost consequences, which the Parliament debated and amended before submission to the Council in October 2013.

The Council reached a position in June 2025 and adopted it in September 2025, giving the Parliament three months to approve, amend or reject it. The Parliament’s amendments of 21 January 2026 were weighted heavily in favour of consumers.

Following the Commission’s opinion in March 2026, a trilogue commenced and the institutions agreed the final wording on 15 June 2026, with the following key changes.

 

Key changes to EC261

Additional airline deadlines – The following new deadlines apply:

1. While the pre-filled compensation form was rejected, airlines must proactively contact passengers, within four days of the affected flight, to explain how to seek compensation;
2. Requests for compensation under Article 7 must be acknowledged immediately by the airline and payment, or a reason for refusal, must be provided within 30 days;
3. Upon a complaint alleging breach of 261 obligations, the airline must acknowledge receipt within seven working days and provide a reasoned reply within one month, or confirm that a reply will follow within two months, of the complaint;
4. Passengers denied boarding must receive Article 9 (care and assistance) support immediately and Article 8 re-routing assistance without undue delay, and refunding/compensation within seven days;
5. Passengers must be informed of the reason for delay as soon as available and no later than scheduled departure; for cancellations, the reason must be given "without undue delay";
6. Passengers choosing rerouting must be offered an alternative route within three hours of original departure; if not, airlines must reimburse reasonable self-arranged re-routing costs within 14 days of request, up to 400% of the original ticket price; and
7. The deadlines for care during a disruption have been clarified:
   • A refreshment for every two hours of waiting time, and immediately for passengers denied boarding on an involuntary basis;
   • A meal after three hours and then every five hours, up to a max of three per day;
   • Hotels for overnight delays, limited to a maximum of three nights where the disruption is caused by an extraordinary circumstance; and
   • Where not provided in time, passengers may make their own arrangements and the airline must reimburse reasonable expenses within 14 calendar days of request.

Tarmac Delay – The regulation introduces “tarmac delay”, being a period exceeding 30 minutes during which the aircraft remains on the ground after doors close on departure or before they open on arrival. Airlines must ensure adequate cabin temperature, toilet access and free water; if the delay reaches two hours, the aircraft must proceed to a gate and allow passengers to disembark, subject to safety/security requirements.

Sequential ticketing – Compensation is available to passengers denied boarding on a return flight because they did not take the outbound flight, rendering sequential ticketing requirements in most conditions of carriage redundant on point-to-point travel.

Removal of certain charges – Airlines cannot charge for correcting spelling mistakes (once, if notified at least 48 hours prior to flight), airport check-in, the provision or self-printing of a paper boarding pass, or seating those accompanying a child under 14 or a PRM together.

Downgrading – Where a passenger is downgraded, the airline must provide automatic reimbursement within 14 calendar days of:

• 30% of the flight price for flights of 1,500km or less;
• 50% of the flight price for intra-EU flights over 1,500km, and extra-EU flights between 1,500km and 3,500km; and
• 75% of the flight price for extra-EU flights over 3,500km.

Limitation Period – The limitation period for a passenger to make an EC261 complaint is nine months after the flight, and the deadline to submit a claim to the airline alleging breach of EC261 is 12 months from the flight.

Free personal item – Airlines must permit a free 'personal item' (maximum 40x30x15cm or fitting under the seat in front), though this is generally standard practice. Advertised prices must also include hand baggage (for overhead lockers) to aid price comparison, but airlines may offer a reduced fare to those flying without hand baggage.

 

Other points to note

Airport operators – New requirements for EU airports include:

• To put in place arrangements to ensure that drinking water and recharging stations are available, free of charge, regardless of the time of day, flight or terminal;
• Where annual passenger traffic is at least 4 million for at least three consecutive years, to have a contingency plan for events of multiple cancellations or delays that could strand passengers, regulated by the national enforcement bodies;
• Where that volume is not met, to make all reasonable efforts to coordinate airport users and keep affected passengers informed during events of multiple cancellations or delays that may strand large numbers of passengers.

Extraordinary Circumstances – The case law has been codified with minimal change, requiring a direct link between the event and the disruption. Despite the Parliament’s push for an exhaustive list, a non-exhaustive list is included, which includes:

• Natural disasters;
• War;
• Adverse weather conditions;
• Unruly passengers; and
• Airport, air navigation or groundhandling service provider strikes.

Compensation thresholds/amounts – Despite attempts by the Council and Commission to increase them, the Parliament has maintained the original thresholds. Compensation amounts may be reduced by 50% where arrival is within four hours of scheduled time, or where an accepted reroute departs less than two hours before scheduled departure, and by 25% where it is less than three hours before.

Extension to non-EU Carriers – EC261 currently applies to all flights departing the EU and to flights arriving in the EU operated by EU airlines. The Parliament’s proposed extension to all carriers arriving into the EU was not adopted, meaning that the status quo is maintained. EU airlines may voluntarily apply a 'Union Air Passenger Rights' label to demonstrate the additional protection.

Cancellation definition – The definition of cancellation now includes rescheduling a flight at least one hour earlier and flights that take off but return to the departure airport or divert. Compensation is unavailable, however, if the diversion airport serves the same city as the original arrival airport and the airline transports the passenger there within three hours of scheduled arrival.

Voucher compensation – With explicit written consent, passengers may accept a voucher valid for up to 12 months in lieu of payment. Airlines must automatically reimburse the voucher value within seven days of expiry if unredeemed, where the parties agree, or where the passenger has died.

Montreal Convention – Amendments to the Montreal Convention (MC99) regime include:

• Advance payments made in the event of death of a passenger shall not be less than 16% of the minimum liability under MC99;
• All airlines must provide, on their website and apps, a form allowing passengers to file an online or hardcopy claim immediately for damaged, delayed or lost baggage;
• Airlines must give disabled passengers or PRMs the option, without additional fee, to make a special declaration of interest in delivery of mobility equipment under MC99. On destruction, loss, damage or delay, the airline is liable up to the declared sum and must "rapidly make all reasonable efforts to provide immediately needed temporary replacements" for mobility aids, without admission of liability.

 

Next steps

With agreement reached and the draft text submitted to the Parliament and Council for voting, the new Regulation will be adopted if both vote in favour, which is expected. This may take from a few weeks to a few months, with the Regulation likely coming into force in 2027.

Once in force, the EC261 regimes in the UK and EU will differ, requiring different responses to flight disruption and potentially leading to forum shopping should one regime appear more favourable. Conditions of carriage referring to EC261 may need updating.

If you have any questions about the EC261 amendments or wish to discuss your approach to EC261 claims, the DLA Piper London Aviation team’s specialised EC261 claims team, headed by Kathryn Ward, would be glad to assist. Get in touch to sign up for our '60 Second Update' daily alerts on the EC261 amendments and other aviation developments.

The full wording of the proposed regulation can be found here.