National governments are expected to give a fresh negotiating mandate to the Cypriot presidency of the EU today on the ossuen of aviation passenger rights and compensation.
Negotiations between the Parliament and the Council trilogue talks are moving towards resolution a potential conciliation committee phase if the Council does not accept the Parliament’s amendments outright.
Negotiations between the European Parliament and the Council (representing Member States) on aviation passenger rights are set to resume on 23 March 2026. After years of deadlock and a collapse of talks late last year, the two sides are attempting a final push for a compromise, though significant differences remain.
The primary conflict involves the European Parliament’s focus on expanding consumer protections versus the Council’s emphasis on airline competitiveness and reduced liability.
Delay Compensation Thresholds:
- Parliament Position: Maintains the current 3-hour threshold for compensation.
- Council Position: Wants to extend this to 4–6 hours depending on flight distance, which would exclude millions of travelers from compensation.
Compensation Amounts:
- Parliament Position: Seeks to keep or increase levels between €300 and €600.
- Council Position: Proposes reducing maximum compensation to €500.
Baggage Rights:
- Parliament Position: Demands all passengers be entitled to one free personal item and one small piece of hand luggage (up to 7kg) at no extra cost.
- Council Position: Opposes making free hand luggage a mandatory standard.
“Extraordinary Circumstances”:
- Parliament Position: Wants a closed, exhaustive list of exceptions (e.g., natural disasters, war) that exempt airlines from paying compensation to reduce legal ambiguity.
- Council Position: Favors a broader, non-exhaustive list that gives airlines more leeway.
Parliament’s 632-9 mandate
No final compromise has emerged, leaving the future shape of the rules in limbo while passengers continue to benefit from the existing framework. Consumer advocates have welcomed the Parliament’s firm position as a victory for travellers, though airlines warn of potential knock-on effects including higher fares or fewer regional services.
Further developments are expected in the coming months as institutions seek to bridge the divide between enhanced passenger safeguards and industry calls for greater flexibility.
The European Parliament upheld strong protections for air passengers when a landmark vote held in Strasbourg on 21 January 2026, adopting its second-reading position on the long-awaited revision of EU air passenger rights rules by an overwhelming majority of 632 votes in favour, with only 15 against and 9 abstentions. The vote was seen as solidifying its “red lines” on baggage and delay thresholds.
Members of the European Parliament voted to retain the current three-hour threshold for flight delays that trigger compensation payments ranging from €360, depending on journey distance, rather than accept the Council’s push to extend this to four hours for short-haul flights and six hours for longer routes, with reduced maximum payouts capped at five hundred euro.
The Parliament’s stance also includes demands for free cabin luggage comprising one personal item plus a small trolley bag at no extra cost, mandatory free seating choices for children under fourteen travelling with parents or for passengers with reduced mobility, a ban on unfair ancillary charges, pre-filled compensation claim forms from airlines, and extended deadlines for passengers to pursue reimbursements.
The near-unanimous show of support across political groups came amid criticism from airline industry groups such as the International Air Transport Association and Airlines for Europe, who argue that the rules already impose annual costs exceeding €80.1bn and could harm competitiveness and route availability.
If the upcoming March trilogue meetings fail to produce an agreement, the reform will likely enter a Conciliation Committee phase—the final procedural resort before the proposal is either adopted as a compromise or dropped entirely
