New EU Air Passenger Rights: What Is Changing?

The EU Agrees on New Air Passenger Rights: What Will Change and When?

After more than 13 years of negotiations, the European Union has reached a provisional agreement on the most significant revision of air passenger rights in almost two decades.

The changes concern compensation for delayed and cancelled flights, the right to care, rerouting, cabin baggage, family travel, access to boarding passes, and the protection of passengers with disabilities or reduced mobility.

However, one important clarification is necessary: the new rules are not yet in force. The agreement reached on 15 June 2026 is provisional and must still be formally approved by the EU institutions.

Which Three EU Institutions Were Involved in the Agreement?

Three main institutions took part in the political process:

• the European Parliament, which represents EU citizens;
• the Council of the European Union, which represents the Member States;
• the European Commission, which submitted the original proposal and supported the negotiations.

Strictly from a legal perspective, the agreement is between the two EU co-legislators - the European Parliament and the Council of the EU. The European Commission participated as the author of the proposal, an expert party and a facilitator in the legislative process.

The final stage took place through a conciliation procedure. Delegations from Parliament and the Council participated, while the Commission helped the parties reach a compromise.

Why Did the Negotiations Take More Than 13 Years?

The European Commission presented its proposal for changes on 13 March 2013. The provisional agreement was reached on 15 June 2026.

The lengthy process was caused by significant differences between the Member States, the European Parliament, consumer organisations and the aviation sector.

The most disputed issues included:

• how many hours a flight must be delayed before compensation becomes payable;
• the amount of compensation;
• which circumstances exempt an airline from liability;
• how cabin baggage should be regulated;
• how quickly airlines should process passenger claims;
• how to balance consumer protection with the costs incurred by air carriers.

For several years, the work was also blocked by a dispute concerning the application of the rules to Gibraltar Airport. The Council of the EU reached a common position only in June 2025, after which negotiations with the European Parliament began.

Which Institutions and Organisations Took Part in the Research and Discussions?

In addition to the European Commission, the European Parliament and the Council of the EU, the analysis and discussion of the reform involved:

• the European Parliament’s Committee on Transport and Tourism;
• national transport ministries and civil aviation authorities;
• the European Economic and Social Committee;
• the European Committee of the Regions;
• national parliaments;
• national enforcement bodies responsible for air passenger rights;
• the European Consumer Centres Network;
• organisations representing people with disabilities;
• consumer organisations;
• airports and aviation associations;
• airline representatives.

The European Commission also commissioned specialised studies on how the current rules are applied in practice. The discussions also took account of judgments by the Court of Justice of the European Union, which have clarified a number of disputed concepts under Regulation (EC) No 261/2004 over the years.

Which EU Regulations Are Being Amended?

The reform primarily amends:

• Regulation (EC) No 261/2004 on compensation and assistance to passengers in the event of denied boarding, flight cancellation or long delay;
• Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage.

Other legislation related to specific aspects of passenger protection includes Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility, the EU rules on air services, and Directive 2013/11/EU on alternative dispute resolution for consumer disputes.

How Will the New Rules Help Consumers?

The most important agreed changes include:

• retaining compensation for delays of more than three hours;
• compensation of €250, €400 or €600, depending on the flight distance;
• information about the right to compensation within 96 hours;
• a period of nine months in which to submit a claim;
• a response from the airline within 30 days;
• easier rerouting with another carrier or by another means of transport;
• reimbursement of expenses when passengers arrange their own rerouting;
• clearer rules on food, refreshments, hotel accommodation and communication;
• a ban on automatically cancelling the return flight when the outbound flight has not been used;
• clearer display of prices that include cabin baggage;
• free seating for children under the age of 14 next to their accompanying adult;
• additional protection for passengers with reduced mobility.

When Will the New Rights Enter into Force?

There is no exact calendar date yet.

Once the final legal text has been completed, it must be approved by the European Parliament and the Council of the EU and published in the Official Journal of the European Union. According to the European Commission, the rules will begin to apply 12 months after their final adoption and publication.

Until then, the current rules under Regulation (EC) No 261/2004 will continue to apply.

Does Bulgaria Need to Transpose the Rules into National Law?

Not in the usual sense of the term.

The new legal act is a regulation, not a directive. EU regulations apply directly in all Member States and do not need to be transposed through separate national legislation.

However, Bulgaria may need to update its national rules concerning the competent authorities, penalties, complaint procedures and alternative dispute resolution.

Frequently Asked Questions

Are the New Compensation Rules Already in Force?

No. As of 16 June 2026, the agreement is provisional and still requires final adoption.

Will Compensation Still Be Payable After a Three-Hour Delay?

Yes. The provisional agreement retains the three-hour threshold.

Will the Rules Also Apply to Flights Outside the EU?

They will continue to cover all flights departing from the EU, as well as flights arriving in the EU when they are operated by an EU air carrier.