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The airport contingency plans are defined in Article 10a and are mandatory for Union airports whose annual traffic is above 5 million passengers with a possibility for Member States to opt-in their airports below that threshold; those reports are sent to the National Enforcement bodies upon their request only.

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Compensation amounts are to be updated under the ordinary legislative procedure on the basis of a proposal by the Commission.

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If the passenger self-reroutes, the reimbursement of costs may amount up to 400 % of the full cost of the ticket.

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The requirements in terms of passengers’ information in case of disruption have been specified further and added under Articles 4, 5 and 6 to increase the clarity of the Regulation.

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All information provided to passengers under Regulation 261/2004 shall be in accessible format.

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The deadlines set under Article 16a in the Council’s position are more favourable to passengers.

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Whereas the European Parliament provides for the adoption of delegated acts, the Council considers it is more appropriate, given the political importance, that the list of extraordinary circumstances is to be updated by both co-legislators under the ordinary legislative procedure on the basis of a proposal by the Commission.

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The principle of freedom of pricing under Regulation (EC) 1008/2008 should be upheld.

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Passengers who are informed of the cancellation of their flight less than 14 days before departure are now entitled to compensation in most instances. To that end, air carriers have to provide passengers on cancelled flights with a pre-filled form to request the compensation.

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The same distances thresholds are applied for the calculation of the delay and of the amount for compensation: (1) for intra-Union journeys and journeys below 3 500 km; and (2) for journeys above 3 500 km. These thresholds reflect differences in operational constraints, passenger experiences and competition conditions and ensures equal treatment of passengers on journeys within the Union.

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The Council’s position sets the time thresholds for compensation at 4 and 6 hours of delay whereas the Commission proposed three thresholds of 5/9/12 hours depending on the distance.

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The amount of compensation on intra-EU flights or flights below 3 500 km was slightly increased to counterbalance the increase of one hour in the time threshold for delay. The amount of compensation on flights above 3 500 km was slightly decreased in order to reduce competition distortions stemming from international competition on long haul flights.

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Air carriers may not reach a voluntary agreement with the passenger that replaces the compensation in any other instance than that of denied boarding.

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Within 3 years of the application of Regulation (EC) 261/2004 in the version that will result from the present legislative amendment, the Commission is mandated to assess the need to adjust the thresholds for compensation on the basis of statistics regarding the evolution of cancellations and delays from five preceding years and every year since the date of application of this Regulation.

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A passenger has up to 6 months from the date of disruption to submit a request or a complaint to the air carrier. A deadline of 14 days from the submission of the request is introduced for the air carrier to pay the compensation or to provide a substantiated reply to the passenger.

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Obligations of air carriers and intermediaries in terms of pre-contractual information and information in case of disruption have been strengthened.

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Where, in case of disruption, a passenger requests the reimbursement of its flight, such reimbursement is automatic.

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Rerouting rules have been significantly improved. An air carrier must provide passengers with alternatives to its own services (e.g. services by another air carrier or another transport mode) so that passengers arrive at the earliest possible opportunity. If the air carrier does not offer rerouting within 3 hours after the passenger confirmed its choice to be rerouted, the passenger can make his or her own arrangements.

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Rules on assistance to passengers have also been clarified and strengthened. The rights to refreshments, food, accommodation are detailed. Should the air carrier not fulfil its assistance obligations, the passengers have the right to make their own arrangements and be reimbursed by the air carrier within 14 days.

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In alignment with the Package Travel Directive, in case of extraordinary circumstances, an air carrier may limit the accommodation provided to 3 nights, without a cap on hotel price. The limitation on the number of nights does not apply to persons with specific needs.

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In case of tarmac delay, defined from the opening and the closing of the doors, passengers are entitled to minimum assistance and must be disembarked after 3 hours.

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The rights of passengers with specific needs, such as persons with reduced mobility and persons with disabilities, but also pregnant women, children and persons with specific medical needs, are significantly strengthened. Denying boarding to persons with specific needs is prohibited. The possibility to be accompanied by recognised assistance dogs is introduced and persons with specific needs may be seated together with persons accompanying them. In case of damage, loss, destruction of mobility equipment or injury or death of recognised assistance dogs, the air carrier must provide temporary replacement or an alternative replacement solution.

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With a view to improving the level playing field between Union and third country air carriers, the Commission is mandated to assess, within 3 years of the application of Regulation (EC) 261/2004, the feasibility of an extension of scope of the Regulation to passengers arriving from third countries on flights operated by third country air carriers, and to recommend possible ways forward to solve conflicts of jurisdiction and enforcement issues.

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The Council has clarified the dimensions of the personal item constituting an essential element of the passengers’ journeys that they can bring with them in the cabin at no extra-cost.