EU261 After the 2026 Deal: What Changed

The EU261 changes 2026 headlines describe a real agreement, but not rules you can rely on yet. As of 27 September 2026, the EU institutions have agreed and voted through a revision of Regulation (EC) No 261/2004, the EU rulebook for delays, cancellations and denied boarding. The revised text still has to be published in the Official Journal, and the European Commission says it will apply 12 months after that publication. Until then, the 2004 regulation as it stands is the text in force.

This is not legal advice. Rules change and airlines apply them case by case, so check the airline's own published policy and the regulator's current text before you act.

Where the process stands on 27 September 2026

• 15 June 2026: deal in conciliation. Parliament said the agreement "has to be confirmed by both Parliament and the Council within the next six weeks" (European Parliament, press release 20260601IPR44411, captured 2026-09-27).
• 7 July 2026: Parliament vote. MEPs "confirmed the changes to air passenger rights rules" by 646 votes to 12 with three abstentions (European Parliament, press release 20260703IPR46273, captured 2026-09-27).
• July 2026: Council adoption. A Council note dated 3 July 2026 (document 11389/26 ADD 1, interinstitutional file 2013/0072 (COD)) lists the amending regulation, at third reading, for "Adoption of the legislative act" (Council of the European Union, captured 2026-09-27). Euronews reported on 21 July 2026 that the Council approved the text on 13 July 2026 (Euronews, captured 2026-09-27).
• Next: publication, then a waiting period. The Commission's statement says: "Following adoption and publication in the Official Journal of the European Union, the revised rules will apply after 12 months" (European Commission, DG MOVE news, 15 June 2026, captured 2026-09-27). Parliament adds that the updated rules "would enter into force 20 days after publication in the Official Journal" (press release 20260703IPR46273).

Entering into force and applying are different steps. When we checked EUR-Lex on 27 September 2026, the page for Regulation (EC) No 261/2004 showed the status "In force" and listed no amending act (EUR-Lex, captured 2026-09-27).

What the current regulation says

Until the revision applies, these passages of Regulation (EC) No 261/2004 govern (EUR-Lex, captured 2026-09-27):

• Scope, Article 3(1)(a): the regulation applies "to passengers departing from an airport located in the territory of a Member State to which the Treaty applies".
• Scope, Article 3(1)(b): it also applies to passengers flying from a third country into the EU, "unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier".
• Amounts, Article 7(1): "EUR 250 for all flights of 1500 kilometres or less"; "EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres"; "EUR 600 for all flights not falling under (a) or (b)".

The three-hour figure most travellers know for delay compensation is not written in Article 7. It comes from the EU Court of Justice. The Commission's Interpretative Guidelines on the regulation (OJ C/2024/5687, 25 September 2024, point 4.1.2) describe "the Court's ruling in the Sturgeon case, which established that passengers who suffer a delay of at least 3 hours must be treated in the same way as passengers whose flights are cancelled, for the purpose of the right to compensation under Article 7" (EUR-Lex, captured 2026-09-27).

Read together, the two scope provisions draw the line by route and by carrier. Article 3(1)(a) turns on the departure airport being in a Member State. Article 3(1)(b) covers a flight from a third country into the EU only "if the operating air carrier of the flight concerned is a Community carrier", and only when the passenger did not receive benefits or compensation and assistance in that third country. For airports by country, see our Germany airport list, the Paris Charles de Gaulle airport page and airline pages such as Emirates.

What the 2026 deal changes, as the institutions describe it

These points are taken from Parliament's two press releases, and none of them applies to a flight today:

• The three-hour threshold stays. Passengers "will continue to be able to claim compensation for delays of more than three hours" (20260703IPR46273).
• Amounts stay the same. "€250 for journeys up to 1,500 km, €400 for intra-EU journeys of more than 1 500 km and other journeys between 1,500 km and 3,500 km, and €600 for all other longer journeys" (20260703IPR46273).
• A personal item. A right "to carry on board, without extra cost, one personal item, such as a small bag or backpack", and a duty to display the fare "inclusive of carry-on luggage at the outset of the booking process" (20260703IPR46273).
• Children's seating. Carriers are to seat "any person accompanying a child below the age of 14 on an adjacent seat without paying extra" (20260703IPR46273).
• Claim time limits. "Air passengers will have nine months to file a compensation request, while airlines will have 30 days to pay the compensation or invoke extraordinary circumstances" (20260601IPR44411).
• Extraordinary circumstances listed. An "open list", including "natural disasters, war, weather conditions, unruly passengers, or airport, air navigation or groundhandling service provider strikes" (20260601IPR44411).

Press summaries are not the legal text; the Official Journal version will govern.

What not to assume this winter

With publication still pending and a 12-month wait after it, the coming winter season falls under the 2004 text. So:

1. Do not assume the new personal-item right applies. Check the airline's own baggage conditions.
2. Do not assume the nine-month claim window or the 30-day answer. They belong to an amendment not yet published. Ask the airline which time limit applies to a claim today.
3. Do not assume a new list decides whether an event is "extraordinary". Today the test is Article 5(3) of the 2004 text: a carrier "shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken."
4. Do not read a news headline as a change in amounts. The figures in Article 7(1) are the same figures Parliament says the deal keeps.

If a flight goes wrong, the airline's own published passenger-rights policy and the regulation's current text on EUR-Lex are the places to check what applies to that ticket.

Where TrackMyWings fits

TrackMyWings™ is a live flight-tracking platform in development. A private Android beta has run on the Play internal testing track since 2026-08-24, and public launch has no fixed date. Status alerts are planned for launch.

Sources

• Regulation (EC) No 261/2004, OJ L 46, 17.2.2004, Articles 3(1), 5(3) and 7(1), and EUR-Lex status page, https://eur-lex.europa.eu/eli/reg/2004/261/oj/eng, captured 2026-09-27
• European Commission, Interpretative Guidelines on Regulation (EC) No 261/2004, OJ C/2024/5687, point 4.1.2, https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:C_202405687, captured 2026-09-27
• European Parliament, "Deal on air passenger rights: MEPs secure improved traveller protection", 15 June 2026, https://www.europarl.europa.eu/news/en/press-room/20260601IPR44411/deal-on-air-passenger-rights-meps-secure-improved-traveller-protection, captured 2026-09-27
• European Parliament, "European Parliament achieves upgrade to air passenger rights", 7 July 2026, https://www.europarl.europa.eu/news/en/press-room/20260703IPR46273/european-parliament-achieves-upgrade-to-air-passenger-rights, captured 2026-09-27
• Council of the European Union, 'I/A' item note 11389/26 ADD 1, 3 July 2026, https://data.consilium.europa.eu/doc/document/ST-11389-2026-ADD-1/en/pdf, captured 2026-09-27
• European Commission, DG MOVE, "Commission welcomes landmark agreement on revised air passenger rights", 15 June 2026, https://transport.ec.europa.eu/news-events/news/commission-welcomes-landmark-agreement-revised-air-passenger-rights-2026-06-15_en, captured 2026-09-27
• Euronews, "Air passenger rights reform: What the new rules mean for you", 21 July 2026, https://www.euronews.com/my-europe/2026/07/21/air-passenger-rights-reform-what-the-new-rules-mean-for-you, captured 2026-09-27