EU transport ministers fail passengers with new political agreement

The EU Council of Transport Ministers has today reached political agreement on amending the Aircraft Regulation (Regulation 261/2004).

The agreement and the exact details have not yet been published, but for now it can be stated that the Council proposes the following changes:

– That the time limit for flight compensation is changed (from 3 hours) to 4 hours for journeys under 3,500 km and (from 3 hours) to 6 hours for journeys over 3,500 km.

– That the amount of compensation is set at EUR 300 and EUR 500 for journeys under and over 3,500 km respectively (from the current EUR 400 and EUR 600 respectively (for short distances under 1,500 km, however, EUR 250)

– That the airline must refund the airfare if the airline cannot offer a re-routing within 3 hours.

– A brand new 6-month time limit for complaints will be introduced (today passengers have 3 years)

– New rules on when ‘extraordinary circumstances’ can be said to exist (so that airlines can escape the obligation to compensate).

All in all, it is very difficult to see that there are “improved rules for air passengers” as claimed by the Polish Presidency.

On the contrary, these are very significant deteriorations in air passenger rights, and we will intensify our information work and discussions with both Danish and foreign
politicians.

The right to compensation serves as an important incentive mechanism for airlines to minimize delays and (just) ensure a high operating standard. Modern and well-maintained aircraft mean fewer spontaneous cancellations and delays due to technical faults, and also benefit flight safety.

According to the Danish Consumer Council, the “current three-hour limit [] contributes to airlines actively working to keep delays within this time frame. If the limit were lower, the delays would probably also be shorter” (Ministry of Transport’s joint note of May 20, 2025 (2025-1331) – “Council meeting 5-6/6-25 – Transport, Telecommunications and Energy – Annex 2”, see page 37).

Although a political agreement has been reached in the Council today, a new Aviation Regulation is still some way off. This requires the participation and agreement of the European Parliament.

At a press conference this evening, the Polish President announced that a so-called “trilogue” will now be initiated.

In the context of the European Union’s ordinary legislative procedure, a trilogue is an informal interinstitutional negotiation meeting that brings together representatives of the European Parliament.

The Council of the European Union and the European Commission. The aim of a trilogue is to reach a provisional agreement on a legislative proposal that is acceptable to both the Parliament and the Council, the co-legislators. The provisional agreement must then be approved according to the formal procedures that apply within each of the three institutions.

The next step is for the European Parliament to examine the Council’s draft in a so-called ‘second reading’. The European Parliament then has the opportunity to approve, amend or reject the Council’s draft.

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