Regulation (EU) 2026/2202 of the European Parliament and of the Council of 16 September 2026 amending Regulation (EC) No 261/2004 of the European Parliament and of the Council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Council Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air (Text with EEA relevance)

Image omitted; see official source	Official Journal of the European Union	EN L series
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	2026/2202	2.10.2026

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee [^ntr1-L_202602202EN.000101-E0001],

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure, in the light of the joint text approved by the Conciliation Committee on 15 June 2026 [^ntr2-L_202602202EN.000101-E0002],

Whereas:

• (1) Regulation (EC) No 261/2004 of the European Parliament and of the Council [^ntr3-L_202602202EN.000101-E0003] and Council Regulation (EC) No 2027/97 [^ntr4-L_202602202EN.000101-E0004] have significantly contributed to protecting the rights of air passengers when their travel plans are disrupted by denied boarding, long delays, cancellations or mishandled baggage.

• (2) The Union legislator confirms the aims expressed in recitals 1 and 4 of Regulation (EC) No 261/2004 in its original version for Union legislation in the field of air transport, namely to ensure a high level of protection for passengers, to fully take into account the requirements of consumer protection in general, in line with Article 38 of the Charter of Fundamental Rights of the European Union, and to raise the standards of protection set by that Regulation, while ensuring a balanced approach which fosters connectivity and the competitiveness of Union air carriers. To achieve those aims, this Regulation strengthens the rights of air passengers by improving legal certainty for both air passengers and air carriers taking into account the abundant case-law of the Court of Justice of the European Union (the ‘Court of Justice’) in its interpretation of Regulation (EC) No 261/2004 in its original version, as well as by ensuring that air carriers operate under harmonised conditions in a liberalised market. That also means that standards of protection set by Regulation (EC) No 261/2004 should be strengthened. Accordingly, air passenger rights, as protected under Regulations (EC) No 261/2004 and (EC) No 2027/97, should be realised and a more effective, and 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.

• (3) A number of shortcomings, revealed during the implementation of the rights under Regulations (EC) No 261/2004 and (EC) No 2027/97, have however prevented the full potential of those rights in terms of passenger protection from being realised. In order to ensure a more effective, efficient and consistent application of air passenger rights across the Union, a series of adjustments to the current legal framework is required. This was underlined in the communication from the Commission of 27 October 2010 entitled ‘EU Citizenship Report 2010 – Dismantling the obstacles to EU citizens’ rights’ which announced measures to ensure a set of common rights, notably for air passengers and the adequate enforcement of these rights.

• (4) Passengers travelling on a flight covered by Public Service Obligations, either at a full or at a reduced fare, should be subject to the same rights under Regulation (EC) No 261/2004.

• (5) In order to increase legal certainty for air carriers and passengers, a definition of the concept of ‘extraordinary circumstances’ is needed. In particular, and in accordance with settled case-law of the Court of Justice, the concept of ‘extraordinary circumstances’ should refer to events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond that air carrier’s actual control. Those two conditions are cumulative. For further clarity and predictability, provision should also be made for a non-exhaustive list of events that should be considered as fulfilling those conditions in line with the case-law of the Court of Justice. The Commission should review the list of extraordinary circumstances every five years and make a proposal, as appropriate, to the European Parliament and the Council to update that list. In order to be invoked as an extraordinary circumstance, an event must meet all elements specified in the list. Where an event not included in the list is invoked as an extraordinary circumstance, fulfilment of the above cumulative conditions should be assessed on a case-by-case basis. The occurrence of an extraordinary circumstance and its invocation by an air carrier in respect of a disruption to a given flight are not sufficient grounds to exempt the air carrier from the obligation to pay compensation provided for in Article 7 of Regulation (EC) No 261/2004. Such an exemption should only arise where the air carrier also proves that the extraordinary circumstances caused the disruption and that the disruption could not have been avoided even if the air carrier had taken all reasonable measures.

• (6) Where an air carrier invokes extraordinary circumstances, a clear and substantiated explanation of the extraordinary circumstances should be provided to the passenger. That explanation should serve to inform the passenger, in a clear and transparent manner, about the circumstances causing the disruption. In this regard, the information provided should be specific to the particular disruption that occurred to the passenger’s flight. Air carriers should provide that information in a concise manner using plain language, avoiding sector-specific and legal jargon, that is easily understandable to the passenger. That explanation should solely serve as information to the passenger and should be clearly distinguished from the proof that air carriers might be required to provide to national enforcement bodies, other bodies or courts.

• (7) In its judgment in Case C-173/07 (Emirates Airlines – Direktion für Deutschland v Diether Schenkel) [^ntr5-L_202602202EN.000101-E0005] on the interpretation of Regulation (EC) No 261/2004, the Court of Justice held that concept of a ‘flight’ within the meaning of Regulation (EC) No 261/2004 was not defined but the Court of Justice interpreted it as consisting essentially of an air transport operation, as a ‘unit’ of such transport, performed by an air carrier which fixes its itinerary. In order to avoid uncertainty and in the light of experience gained, a clear definition of a ‘flight’ should now be provided, as well as the associated notions of a ‘connecting flight’ and a ‘journey’.

• (8) In its judgment in Case C-537/17 (Claudia Wegener v Royal Air Maroc SA) [^ntr6-L_202602202EN.000101-E0006] on 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 within the scope of this Regulation, 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 State 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.

• (9) Tickets are issued or authorised by an operating air carrier following the conclusion of an air transport contract with a passenger. They should be identifiable through a unique ticket number and contain a unique reference related to a single air transport contract issued at the time of booking. They should cover one flight or a connecting flight, without taking into account intermediate stops for technical and operational purposes. They should contain several pieces of information regarding that flight or that connecting flight such as the flight date, airports of departure and arrival, the scheduled times of departure and arrival, the passenger’s name, surname, the flight number and the name of the operating air carrier.

• (10) Passengers should be able to make informed choices when viewing offers for air fares and should be able to ascertain whether the protection afforded by Regulation (EC) No 261/2004 applies in full during a roundtrip to and from the Union. Therefore, appropriate provision should be made for a voluntary ‘Union Air Passenger Rights Label’. The use of that label should remain voluntary for air carriers and intermediaries when displaying different flight options, except where an air carrier or intermediary is obliged to use it pursuant to the terms of a commercial agreement with an operating air carrier.

• (11) In its judgment in Case C-22/11 (Finnair Oyj v Timy Lassooy) [^ntr7-L_202602202EN.000101-E0007] on 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 provided with compensation without undue delay.

• (12) 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.

• (13) In order to improve levels of protection, passengers should not be denied boarding on any flight of the return journey on the grounds that they did not take one or several flights of the outbound journey covered by the same air transport contract. Moreover, air carriers should not be allowed to charge passengers any fee on the grounds that they have not taken one or several flights of the outbound journey.

• (14) At present, passengers are sometimes charged punitive administrative fees for the correction of spelling mistakes in their names. Reasonable corrections of booking errors, or administrative changes, should be provided free of charge and a discrepancy between the name in the booking and the corrected name of the passenger should not constitute grounds for denied boarding, provided the correction or change sought would not result in a change of time of flight, date, itinerary or passenger.

• (15) 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. In certain situations, passengers might prefer to receive reimbursement or compensation in the form of a voucher. In order to increase both flexibility for air carriers and consumer choice for passengers, where a disruption occurs that gives rise to a passenger’s right to reimbursement or compensation, the passenger should have the right to choose, having given express consent on a durable medium, to accept such reimbursement or compensation in the form of a voucher of a value corresponding to at least the amount of the reimbursement or compensation due. The option of a voucher should be displayed clearly and on an equal footing to other options for reimbursement and compensation. If the voucher has not been redeemed or has not been redeemed in full by the end of its validity period, the air carrier should automatically reimburse the voucher’s remaining balance in full.

• (16) Airport managing bodies at airports with a total annual passenger traffic volume of more than four million passengers for at least three consecutive years, and airport essential service providers, in particular air carriers and the suppliers of groundhandling services, should cooperate to minimise the impact of multiple flight disruptions on passengers. To this end, airport managing bodies should prepare contingency plans for such occurrences and should develop those contingency plans with the Airport User Committee and other airport essential service providers, including providers of special assistance for persons with disabilities or persons with reduced mobility. National enforcement bodies should monitor the compliance of the airport managing body as regards contingency plans. At airports with a total annual passenger traffic volume of less than four million passengers for at least three consecutive years, the airport managing body should 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.

• (17) Regulation (EC) No 261/2004 should explicitly include the right to compensation for passengers experiencing long delays, in accordance with the judgment of the Court of Justice 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) [^ntr8-L_202602202EN.000101-E0008], encompassing a three-hour threshold for all passengers and targeted provisions for long-haul extra-Union flights incentivising carriers to ensure passengers reach their final destination in a timely manner.

• (18) A delay at arrival should be calculated from the scheduled time of arrival at the final destination as indicated on the passenger’s ticket. That is the case in particular where, for example, an aircraft took off but was subsequently forced to return to the airport of departure and took off again at a later time. In the case of rerouting by another mode of transport, the actual time of arrival of the passenger at his or her final destination should be used to calculate the delay at arrival, regardless of the mode of transport used. Where a flight is delayed or rescheduled to a later time less than 14 calendar days before the date of departure indicated on the passenger’s ticket as issued at the time of booking, the delay at arrival should be calculated from the scheduled time of arrival indicated on the passenger’s ticket as issued at the time of booking. In cases where a flight has been rescheduled at least 14 calendar days before the date of departure indicated on the passenger’s ticket as issued at the time of booking, or, if rescheduled after that time, where the passenger has taken a flight that had been rescheduled to an earlier time, the delay at arrival should be calculated from the scheduled time of arrival indicated on the passenger’s ticket as issued at the time of rescheduling. Where passengers are rerouted following a disruption, as regards the rerouting flight, delays at arrival should be calculated from the scheduled time of arrival indicated on the ticket issued for the rerouting flight.

• (19) Providing for better transparency regarding the environmental performance of transport services can give customers more information when making their own choices. The Flight Emissions Label established pursuant to Article 14 of Regulation (EU) 2023/2405 of the European Parliament and the Council [^ntr9-L_202602202EN.000101-E0009] is at the disposal of air carriers to display on their websites and on tickets, in an easily accessible format and in a comparable way, accurate and objective information regarding the greenhouse gas emissions related to the air services they operate.

• (20) 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 or delays and should therefore give rise to the same rights.

• (21) 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 and the judgment of the Court of Justice in Case C-11/11 (Air France v Folkerts) [^ntr10-L_202602202EN.000101-E0010], 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.

• (22) At the time of booking and prior to the purchase of the tickets, air carriers, or, where appropriate, the intermediaries, should clearly inform passengers whether their travel plans would be covered by a single air transport contract and of their rights under Regulation (EC) No 261/2004, particularly regarding missed connecting flights.

• (23) In order to enhance passenger protection, it should be clarified that passengers whose flight was delayed should benefit from rights to assistance and compensation irrespective of whether they are waiting in the airport terminal or are already seated on board the aircraft. However, as the latter have no access to the services available in the terminal, their rights should be reinforced with regard to basic needs and with regard to the right to disembark. The right to disembark may only be limited if there are safety, immigration, air traffic control or security-related reasons. If an air carrier is about to disembark passengers but is informed by air traffic control authorities that the flight is authorised to take off imminently, it should be allowed to decline to disembark passengers.

• (24) With a view to facilitating the submission and initiation of requests for compensation following a disruption, air carriers should automatically and electronically provide passengers with information on passengers’ right to compensation and clear instructions on how to submit a request.

• (25) 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 air carrier should also propose other options for rerouting, including to an alternative airport, by a different route, on another air 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.

• (26) When rerouting passengers, air carriers should seek to ensure that passengers can travel with their baggage, including checked and unchecked baggage. An air carrier should be allowed by the passenger to proceed otherwise if restrictions on baggage transportation could cause further delays to passengers awaiting rerouting, without prejudice to its liability in respect of passengers’ baggage governed by Regulation (EC) No 2027/97 and by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, agreed at Montreal on 28 May 1999 (‘the Montreal Convention’).

• (27) 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 of transport compared with the one on the ticket. 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 of transport 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 to by the passenger. Where passengers are rerouted, 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, and 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 should be able to refuse such rerouting. The right to rerouting, including self-rerouting, should be maintained. 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 Council [^ntr11-L_202602202EN.000101-E0011].

• (28) In the case of a disruption, and where operating air carriers do not meet their obligations to offer assistance, passengers should be entitled to make their own arrangements. In such cases, operating air carriers should reimburse passengers for expenses that are necessary, reasonable, and proportionate to the duration of the waiting time. In particular, the specific cost of refreshments and meals at the location of the airport should be taken into account. As regards accommodation, the location where the passengers are stranded, whether or not the disruption occurs during a peak period, and price increase due to last-minute bookings should be taken into account when assessing whether the expenses are necessary, reasonable and proportionate.

• (29) 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 under comparable transport conditions, 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. 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, passengers should limit the expenses to those that are necessary, reasonable and appropriate.

• (30) An operating air carrier should be able to limit or decline assistance if its provision would itself cause a further delay to passengers awaiting a delayed flight or rerouting. If a flight is delayed late in the evening but can be expected to depart within a short period of time and if transferring passengers to hotels and bringing them back to the airport in the middle of the night could lead to a much longer delay, the operating 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 such assistance. Apart from those cases, the operating air carrier should only be able to limit or decline assistance in very exceptional cases, as every effort should be made to reduce the inconvenience suffered by passengers.

• (31) 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 an air 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) Passengers with specific needs such as persons with disabilities, persons with reduced mobility, unaccompanied minors, infants, pregnant women and, on the basis of medical clearance, persons in need of specific medical assistance, may require specific attention by the operating air carrier, unless those persons are denied boarding for reasons of safety. In particular, it may be more difficult to arrange accommodation for each of those categories of passengers when flight disruptions occur. Therefore, any limitations on the right to be provided with accommodation in the case of extraordinary circumstances should not apply to those categories of passengers provided that the operating air carrier is made aware of their situation. While air carriers need to be aware of the presence of those passengers on a flight or connecting flight, the creation of any unnecessary or disproportionate notification requirements should be avoided. In the case of infants, the air carrier is systematically made aware of their presence on board because their date of birth is provided at the time of booking. In the case of unaccompanied minors, the air carrier is necessarily made aware of their presence on board upon the conclusion of the agreement for care between the air carrier and the guardian of the minor. In the case of persons with disabilities and persons with reduced mobility, the air carrier is necessarily made aware of their presence on board as a result of the notification pursuant to Article 6 of Regulation (EC) No 1107/2006. In the absence of such a notification, and in the case of pregnant women, the manner in which the air carrier is made aware and the time at which the air carrier is made aware should take the passenger’s particular situation into account, considering that the passenger’s particular situation might only be made known by the passenger at the latest when the passenger is informed of the disruption. In the case of passengers in need of specific medical assistance, if such passengers disclosed their medical condition to the air carrier in advance of the flight to receive medical clearance to fly, the air carrier is necessarily made aware of their situation when accepting carriage of such persons. Air carriers should ensure that all information necessary for such notifications pursuant to Article 6 of Regulation (EC) No 1107/2006 can be easily transmitted by the passengers.

• (33) 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 Council [^ntr12-L_202602202EN.000101-E0012] and Regulation (EC) No 261/2004. In that regard, passengers should be able to choose pursuant to which of those two legal acts they introduce their claims and, where appropriate, introduce claims pursuant to both legal acts. A passenger who has booked air transport as part of a package may introduce claims pursuant to both legal acts where, for example, the passenger received 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 hotel accommodation, meals, excursions or other events, missed as a consequence of the delayed flight. However, passengers should not be allowed to cumulate rights insofar as the relevant compensation or price reduction granted pursuant to both legal acts safeguards the same interest or has the same objective. If passengers introduce their claim with the air carrier, the air carrier should pay the full amount of the compensation due in accordance with Regulation (EC) No 261/2004. If passengers introduce a claim pursuant to Directive (EU) 2015/2302, the compensation paid by the air carrier should be deducted from payments due in accordance with Directive (EU) 2015/2302 insofar as the underlying rights safeguard the same interest or have the same objective.

• (34) The reasons for the current level of delays and cancelled flights in the Union are not attributable solely to air carriers. In order to incentivise all actors in the aviation chain to seek efficient and timely solutions to minimise the inconvenience that delays and cancellations cause to passengers, the right of air carriers to seek redress from any third party which contributed to the event triggering compensation or other obligations should not be restricted by Regulation (EC) No 261/2004.

• (35) Regulation (EC) No 2111/2005 of the European Parliament and of the Council [^ntr13-L_202602202EN.000101-E0013] requires the air carriage contractor to inform the passenger of the identity of the operating air carrier and Council Directive 93/13/EEC [^ntr14-L_202602202EN.000101-E0014] requires 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, 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. That information should also be provided by the operating air carrier.

• (36) When passengers choose to be reimbursed as opposed to being rerouted, they should be automatically reimbursed, in a timely manner, without an obligation to submit a dedicated request.

• (37) Passengers should be adequately informed by the air carrier or the intermediary about the relevant procedures for submitting requests for compensation and complaints to air carriers or the intermediaries and should receive a reply from the air carriers or the intermediaries in a timely manner.

• (38) Passengers should also have the option to submit individual disputes to a body or bodies responsible for the out-of-court resolution of disputes following complaints to the air carrier. However, since the right to an effective remedy before a tribunal is a fundamental right recognised in Article 47 of the Charter of Fundamental Rights of the European Union, those measures should neither prevent nor hinder passengers’ access to courts.

• (39) In order to enable passengers to exercise their rights regarding requests, complaints and individual disputes, passengers should be able to directly and personally make an application to the air carriers, intermediaries, or the relevant bodies in accordance with Regulation (EC) No 261/2004, in a clear and accessible manner.

• (40) Having regard to the United Nations Convention on the Rights of Persons with Disabilities [^ntr15-L_202602202EN.000101-E0015], 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 in delivery at destination (the ‘special declaration of interest’) free of charge, which pursuant to the Montreal Convention allows them to seek full compensation. Air carriers should inform passengers of the possibility to make such a declaration of interest and of the related rights at the time of booking.

• (41) Persons with disabilities and persons with reduced mobility should be entitled to immediately receive a temporary replacement of mobility equipment from the air carrier to replace checked mobility equipment in the case of loss of, destruction of or damage to the checked mobility equipment. Given that recognised assistance dogs cannot be easily replaced, other temporary solutions should be provided where a recognised assistance dog is lost, dies or is injured.

• (42) It is not always clear to passengers 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 in their ticket, both for unchecked and checked baggage, air carriers should clearly indicate these allowances at the time of booking and at the airport. Personal items constituting a necessary aspect of 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.

• (43) Without impinging on the possibility for air carriers and intermediaries to offer air fares which do not include a piece of hand baggage, it is appropriate to raise consumer awareness and price transparency with the objective of enhancing the level playing field across the Union. To that extent, passengers should be able to compare air fares which include hand baggage (a trolley bag), more easily. An obligation should be introduced to require air carriers, intermediaries and meta search engines to always display by default the air fare including hand baggage before the start of any booking process.

• (44) Greater clarity should be provided regarding requests related to a personal item or hand baggage being 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 on passengers or miscommunication with passengers.

• (45) Passengers should be informed at the time of booking of the maximum dimensions and weight of the baggage they can bring with them into the cabin. Without prejudice to the freedom of pricing principle, pursuant to Article 22 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council [^ntr16-L_202602202EN.000101-E0016], 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, subject to the capacity of the aircraft cabin, provided that the hand baggage complies with applicable operational, 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, the feasibility of setting up uniform minimal rules for hand baggage should be assessed.

• (46) Appropriate provision should be made for passengers who choose to use a self-printed version of a digitally issued boarding pass or who choose to request a printed copy from the operating air carrier after check-in.

• (47) 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. In such cases, the passengers and musical instruments should be seated on adjacent seats, with the musical instrument on a window seat. 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) Given the short deadlines for the submission of complaints for the rights and obligations covered by Regulation (EC) No 2027/97, air carriers should provide passengers with the possibility to submit a complaint by providing them with a complaint form in formats which are accessible to persons with disabilities and persons who do not use digital tools. Air carriers should, at a minimum, make the complaint form available on the air carriers’ mobile applications and on their websites. At airports with commercial passenger traffic, airport managing bodies should also provide passengers with a common form at the airports’ baggage delivery areas. The Commission should adopt implementing acts to establish the template for the common form, which should allow the passenger to immediately file a complaint about damaged, delayed or lost baggage.

• (49) Insurance matters are regulated by Regulation (EC) No 785/2004 of the European Parliament and of the Council [^ntr17-L_202602202EN.000101-E0017] and Regulation (EC) No 1008/2008.

• (50) 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.

• (51) 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 five years of the application of Regulation (EC) No 261/2004, the Commission should assess the feasibility of revising the scope of that Regulation with a view to further enhancing the level of passengers’ protection and the level playing field between Union and third-country air carriers.

• (52) A mechanism to safeguard passengers in the event of air carrier insolvency should be assessed in the context of the revision of Regulation (EC) No 1008/2008.

• (53) 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 operated between points in Greenland should not be covered by the obligations regarding compensation, including where such flights form part of a journey to or from the territory of a Member State to which the Treaties apply.

• (54) This Regulation is without prejudice to the position of the Kingdom of Spain in its dispute with the United Kingdom of Great Britain and Northern Ireland with regard to sovereignty over the isthmus in which the airport of Gibraltar is situated. Nothing in this Regulation precludes its future application to that airport under the terms of an Agreement in respect of Gibraltar between the European Union and the United Kingdom, reached with the prior agreement of the Kingdom of Spain. In the event that the aforementioned Agreement was terminated this Regulation should only apply to the airport located in the isthmus of Gibraltar after a settlement of that dispute such that the Kingdom of Spain came to be in a position to ensure application of this Regulation to that airport.

• (55) In order to ensure uniform conditions for the implementation of Regulation (EC) No 261/2004 in respect of the design, content and template of the Union Air Passenger Rights Label and practical modalities regarding reimbursement to be paid by the airport managing body to the operating air carrier, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council [^ntr18-L_202602202EN.000101-E0018].

• (56) In order to ensure uniform conditions for the implementation of Regulation (EC) No 2027/97 in respect of the common form and the form for the special declaration of interest, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

• (57) Since the objectives of this Regulation, namely protecting air passenger rights in a fair and balanced manner, ensuring the competitiveness of the Union’s aviation sector and maintaining connectivity for passengers in the long term, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 261/2004 is amended as follows:

• (1) Article 1 is replaced by the following:

‘Article 1

Subject matter

This Regulation establishes, under the conditions specified herein, minimum rights for air passengers in the event that:

• (a) they are denied boarding;

• (b) their flight is cancelled, delayed or rescheduled;

• (c) they miss a connecting flight;

• (d) they are upgraded or downgraded.’

;

• (2) Article 2 is amended as follows:

• (a) points (b) to (f) are replaced by the following:

• ‘(b) “operating air carrier” means an air carrier that performs or intends to perform a flight under an air transport contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger, including an air carrier that uses the aircraft of another air carrier, with or without the crew of that other air carrier, for the performance of its flights;

• (c) “Union air carrier” means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EC) No 1008/2008 of the European Parliament and of the Council[^ntr*1-L_202602202EN.000101-E0019];

• (ca) “airport managing body” means an airport managing body as defined in Article 2, point (2), of Directive 2009/12/EC of the European Parliament and of the Council[^ntr*2-L_202602202EN.000101-E0020];

• (d) “organiser” means an organiser as defined in Article 3, point (8), of Directive (EU) 2015/2302 of the European Parliament and of the Council[^ntr*3-L_202602202EN.000101-E0021];

• (e) “package” means a combination of travel services as defined in Article 3, point (2), of Directive (EU) 2015/2302;

• (f) “ticket” means valid evidence, regardless of its form, of an air transport contract;

[^ntr*1-L_202602202EN.000101-E0019]: 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)."

[^ntr*2-L_202602202EN.000101-E0020]: Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (OJ L 70, 14.3.2009, p. 11, ELI: http://data.europa.eu/eli/dir/2009/12/oj); "

[^ntr*3-L_202602202EN.000101-E0021]: Directive (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).’;"

• (b) point (g) is deleted;

• (c) points (h) to (l) are replaced by the following:

• ‘(h) “final destination” means the destination of the flight or of the last connecting flight on a journey;

• (i) “person with disabilities” or “person with reduced mobility” means 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;

• (j) “denied boarding” means a refusal to carry passengers on a flight, although they have presented themselves for boarding in accordance with 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;

• (k) “volunteer” means a passenger who has presented himself or herself for boarding in accordance with the conditions laid down in Article 4(1) and responds positively to the air carrier’s call for passengers who are prepared not to board the aircraft for their flight in exchange for benefits;

• (l) “cancellation” means the non-operation of a flight which was previously planned and for which an air transport contract was concluded, and includes situations where:

• (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

• (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;’

;

• (d) the following points are added:

• ‘(m) “third country” means any country or part of a territory of a Member State to which the Treaties do not apply;

• (n) “delay at departure” means the difference in time between the scheduled time of departure indicated on the passenger’s ticket as issued at the time of booking and the actual time of departure of the flight, except where:

• (i) a flight has been rescheduled at least 14 calendar days before the date of departure indicated on the passenger’s ticket as issued at the time of booking, or, after that time period, has been rescheduled to an earlier time, in which case “delay at departure” means the difference in time between the scheduled time of departure indicated on the passenger’s ticket as issued at the time of rescheduling and the actual time of departure of the rescheduled flight;

• (ii) a passenger is rerouted following a disruption, as regards the rerouting flight, in which case “delay at departure” means the time difference between the scheduled time of departure indicated on the ticket issued for the rerouting flight and the actual time of departure of the rerouting flight;

• (o) “delay at arrival” means the difference in time between the scheduled time of arrival indicated on the passenger’s ticket as issued at the time of booking and the actual time of arrival of the flight, except where:

• (i) a flight has been rescheduled at least 14 calendar days before the date of departure indicated on the passenger’s ticket as issued at the time of booking, or, after that time period, where the passenger has taken a flight that has been rescheduled to an earlier time, in which case “delay at arrival” means the difference in time between the scheduled time of arrival indicated on the passenger’s ticket as issued at the time of rescheduling and the actual time of arrival of the rescheduled flight;

• (ii) a passenger is rerouted following a disruption, as regards the rerouting flight, in which case “delay at arrival” means the time difference between the scheduled time of arrival indicated on the tickets issued for the rerouting flight and the actual time of arrival of the rerouting flight;

• (p) “class of transport” means a part of the passenger cabin of the aircraft characterised either by a specific code indicated in the air transport contract or a combination of elements such as different seats, a different seat configuration and other differences in the service, such as specific catering, provided to passengers compared to what is provided to passengers in other parts of the cabin;

• (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;

• (r) “extraordinary circumstances” means events which by their nature or origin are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond the actual control of the air carrier;

• (s) “flight” means an air transport operation operated by a single aircraft between two airports as specified on the ticket through a predetermined itinerary, a schedule and a single identification number, regardless of whether there are intermediate stops exclusively for technical and operational purposes;

• (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;

• (u) “stopover” means an intentional interruption by a passenger of a journey under a single air transport contract, agreed to in advance by the air carrier or its authorised agent, between the initial point of departure and the final destination, for a period of time beyond that required for direct transit through or, when changing flights, for a period normally extending to the time of departure of the next connecting flight, often including an overnight stay;

• (v) “journey” means a flight or connecting flights transporting the passenger from the initial point of departure to the passenger’s final destination in accordance with a single air transport contract, with outbound and return flights being separate journeys;

• (w) “time of departure” means the time when the aircraft leaves the departure stand, either by being pushed back or on its own power (off-block time);

• (x) “time of arrival” means the time when the aircraft reaches the arrival stand and its parking brakes are engaged (on-block time);

• (y) “tarmac delay” means a period of time exceeding 30 minutes during which the aircraft remains on the ground between the closing of the aircraft doors and the take-off time of the aircraft, at departure, or a period of time exceeding 30 minutes between the touch-down of the aircraft and the opening of the aircraft doors, at arrival;

• (z) “disruption” means denied boarding, cancellation, delay at departure, delay at arrival or tarmac delay;

• (aa) “night” means the period between midnight and 06:00;

• (ab) “child” means a person below the age of 14 years as of the date of departure of the flight or first connecting flight under an air transport contract;

• (ac) “unaccompanied minor” means a person below the age of 18 years as of the date of departure of the flight or first connecting flight under an air transport contract and travelling without an adult guardian, and where the air carrier has accepted responsibility for the care of that person in accordance with its published rules;

• (ad) “infant” means a person below the age of two years as of the date of departure of the flight or first connecting flight under an air transport contract;

• (ae) “durable medium” means any instrument which enables the passenger to store information in a way accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

• (af) “accessible format” means a format that gives a person with disabilities or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable a manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable legislation, in particular Directive (EU) 2019/882 of the European Parliament and of the Council[^ntr*4-L_202602202EN.000101-E0022];

• (ag) “initial point of departure” means the departure point of the flight or of the first connecting flight on a journey;

• (ah) “personal item” means a piece of unchecked baggage, which complies with security and safety requirements, and either with maximum dimensions of 40 x 30 x 15 cm or on the condition that it fits under the seat in front of the seat in which the passenger is sitting;

• (ai) “hand baggage” means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements.

[^ntr*4-L_202602202EN.000101-E0022]: Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).’;"

• (3) Article 3 is replaced by the following:

‘Article 3

Scope

1. This Regulation shall apply:

• (a) to passengers departing from an airport located in the territory of a Member State to which the Treaties apply;

• (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, compensation and assistance in that third country that are equivalent and correspond to the purpose of this Regulation, if the operating air carrier of the flight concerned is a Union air carrier.

1. Paragraph 1 shall apply on the condition that passengers:

• (a) have a ticket for the flight concerned; or

• (b) have been transferred by an air carrier or an intermediary from the flight for which they held a ticket to another flight, irrespective of the reason.

1. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare that is not available, directly or indirectly, to the public, except for:

• (a) passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or intermediary, to whom this Regulation shall apply in its entirety; and

• (b) infants travelling free of charge or at a reduced fare that is not available, directly or indirectly, to the public, and to persons travelling free of charge or at a reduced fare that is not available, directly or indirectly, to the public on account of accompanying a person with disabilities or a person with reduced mobility in accordance with the conditions referred to in Article 4(2) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council[^ntr*5-L_202602202EN.000101-E0023], to whom this Regulation shall apply with the exception of Article 7 of this Regulation.

1. Without prejudice to Article 8(2), first subparagraph, point (e), this Regulation shall only apply to passengers transported by motorised fixed wing aircraft.

1. Unless otherwise specified, the operating air carrier shall be responsible for meeting the obligations pursuant to this Regulation.

1. Without prejudice to Article 12 of this Regulation, this Regulation shall also apply to passengers transported on a flight covered by a package travel contract as defined in Article 3, point (3), of Directive (EU) 2015/2302, unless that package travel contract is terminated or its performance is affected for reasons other than a disruption of that flight.

1. 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.

[^ntr*5-L_202602202EN.000101-E0023]: Regulation (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).’;"

• (4) the following article is inserted:

‘Article 3a

Union Air Passenger Rights Label

1. A voluntary “Union Air Passenger Rights Label” (the “label”) is hereby established.

1. The label shall enable passengers to be quickly informed of the application of this Regulation to a journey in order to facilitate comparison and choice between ticket offers.

1. Air carriers or intermediaries may use the label when offering tickets to passengers for journeys within the scope of this Regulation performed by Union air carriers.

1. The use of the label by an air carrier or intermediary shall be on a voluntary basis, except where an operating air carrier obliges an air carrier or intermediary to use the label on the basis of a commercial agreement.

1. The label shall only be displayed during sales and marketing activities next to or directly connected to the offer for a journey within the scope of this Regulation performed by a Union air carrier. When displaying multiple journey offers, it shall be clear to which journey the label applies.

1. Any false or misleading advertising or use of any label or logo which leads to confusion with the label shall be prohibited.

1. The Commission shall promote the use of the label by air carriers or intermediaries.

1. In order to ensure the uniform implementation of this Article, the Commission shall adopt, by 23 October 2027, implementing acts laying down detailed provisions concerning the design, content and template of the label made available pursuant to this Article.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16h(2).’

;

• (5) Article 4 is replaced by the following:

‘Article 4

Denied boarding

1. This Article shall apply to passengers that present themselves for boarding at the gate, after they have completed an online check-in or a check-in at the airport, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, or the intermediary, or, if no boarding time is indicated, not later than 45 minutes before the time of departure indicated on the passenger’s ticket. This Article shall also apply to passengers who do not present themselves for boarding when they were informed in advance that they will be denied boarding against their will.

1. 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 pursuant to this Regulation applicable to the case, in particular as regards the right to compensation as set out in Article 7, the right to reimbursement or rerouting in accordance with Article 8, and the right to assistance in accordance with Article 9.

The operating air carrier shall call for volunteers not to board the aircraft in exchange for benefits under conditions to be agreed between each volunteer and the operating air carrier. The operating air carrier shall inform the volunteers of their rights in accordance with this Regulation. The agreement 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 on a durable medium. In the absence of such 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 Article 7(1).

1. If the number of volunteers who come forward is insufficient to allow the remaining passengers with tickets to board the flight, the operating air carrier may then deny boarding to passengers against their will, with the exception of passengers referred to in Article 11.

1. The operating air carrier denying boarding shall immediately provide the passengers concerned with the information on the handling of complaints in accordance with Article 15a.

The operating air carrier denying boarding shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8. By way of derogation from Article 8(1), first subparagraph, 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 offer assistance in accordance with Article 9 to the passengers concerned. By way of derogation from Article 9(1), point (a), refreshments shall be granted immediately.

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.

1. Passengers shall not be denied boarding and shall not be charged any fee on the inbound journey, including a journey which consists of connecting flights, on the grounds that they did not take the outbound journey under the same air transport contract.’

;

• (6) Article 5 is replaced by the following:

‘Article 5

Cancellation

1. In the case of cancellation of a flight, the operating air carrier of the cancelled flight 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 reimbursement or rerouting under Article 8 and assistance under Article 9, as well as the information on the process for requesting compensation set out in Article 7 and on the handling of complaints under Article 15a.

The operating air carrier shall, without undue delay, specify to the passengers concerned the reason for the cancellation.

1. The operating air carrier of the cancelled flight shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8.

1. The operating air carrier shall offer assistance to the passengers concerned in accordance with Article 9.

1. Passengers shall have the right to receive, upon request, compensation from the operating air carrier of the cancelled flight in accordance with Article 7.

1. The right to receive compensation under paragraph 4 shall not apply if the passengers have been informed of the cancellation at least 14 calendar days before the date of departure indicated on the passenger’s ticket or if they are informed of the cancellation less than 14 calendar days before the scheduled time of departure and are offered rerouting, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival. The burden of proof with regard to establishing whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.

1. The right to receive reimbursement and rerouting as set out in paragraph 2 and compensation as set out in paragraph 4 shall not apply where the aircraft took off but diverted to an airport other than the airport of arrival indicated on the ticket, if 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 the passenger with transport to the airport of arrival indicated on the ticket, under the condition that the delay at arrival at the airport of arrival indicated on the ticket does not exceed three hours. For this purpose, the burden of proof with regard to establishing the time of arrival, by alternative means of transport, at the airport of arrival indicated on the ticket shall rest with the operating air carrier.

The first subparagraph of this paragraph shall not apply in cases where passengers with specific needs referred to in Article 11(3) or any persons accompanying those passengers are either denied a ticket for or embarkation upon the alternative means of transport on the grounds of any applicable safety requirement or physical impossibility of embarkation, or are unable to use that transport service due to the unavailability of assistance. The operating air carrier shall make reasonable efforts to enable such passengers’ access to alternative means of transport. The delay at arrival at the airport of arrival indicated on the ticket shall be calculated based on the time of arrival of the transport service which was provided by the operating air carrier and which passengers with specific needs or, if applicable, any persons accompanying them, actually took or could take in order to reach that airport.’

;

• (7) Article 6 is replaced by the following:

‘Article 6

Delay

1. When an operating air carrier expects a flight to be delayed at departure or at arrival, it shall inform the passengers concerned immediately, where possible, but at the latest, by the time of departure indicated on the passenger’s ticket. To the extent possible, passengers shall receive regular updates in real time. The operating air carrier shall, at the same time, inform the passengers concerned of their specific rights under this Regulation applicable to the case, in particular as regards assistance under Article 9, and provide information on the process for requesting compensation set out in Article 7 and on the handling of complaints under Article 15a.

The operating air carrier shall, without undue delay, provide the passengers concerned with the reasons for the delay of the flight at departure or at arrival.

1. The operating air carrier shall offer assistance to the passengers concerned in accordance with Article 9.

1. When the delay at departure reaches five hours, the operating air carrier shall, without undue delay, offer the passengers concerned reimbursement in accordance with Article 8(1), first subparagraph, point (a).

1. Passengers shall have the right to receive, upon request, compensation from the operating air carrier of the delayed flight in accordance with Article 7 when they reach their final destination with a delay at arrival exceeding three hours.’

;

• (8) the following articles are inserted:

‘Article 6a

Tarmac delay

1. In the event of a tarmac delay, the operating air carrier shall, to the extent possible, provide passengers with regular and real-time updates.

1. Subject to safety or security constraints, where a tarmac delay occurs, the operating air carrier shall ensure adequate heating or cooling of the passenger cabin and free of charge access to toilet facilities on board and shall ensure that passengers referred to in Article 11 receive the required attention. Unless it would extend the tarmac delay or unless it cannot be reconciled with air safety or air security requirements, the operating air carrier shall provide drinking water free of charge on board.

1. Where a tarmac delay reaches two hours in an airport with commercial passenger traffic situated in a territory of a Member State to which the Treaties apply, the aircraft shall proceed to the gate or to 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.

1. Passengers disembarked in accordance with paragraph 3 of this Article shall be entitled to the rights provided for in Article 6 and, where applicable, Article 11, taking into account the tarmac delay and the time of departure indicated on the passenger’s ticket.

Article 6b

Missed connecting flight during journeys performed pursuant to a single air transport contract

1. Where a passenger misses a connecting flight during a journey as a result of a disruption to the preceding flight, the operating air carrier of the preceding flight shall be responsible for rerouting the passenger in accordance with Article 8(1), first subparagraph, point (b), and for providing assistance in accordance with Article 9.