The European Commission has issued new guidance to EU transport and tourism companies after fuel supply disruptions and the closure of some air and shipping routes linked to the Middle East crisis, with a focus on the risk of jet fuel shortages if the conflict continues.
The advice is mainly aimed at aviation and sets out how existing EU rules apply on issues including how airlines take on fuel, what they can charge passengers, airport take-off and landing slots, certain subsidised routes, and passenger rights, the European Commission informed on Friday.
Passengers affected by flight cancellations remain entitled to reimbursement, re-routing or return travel, and assistance at the airport, as well as compensation for last-minute cancellations in some cases, the Commission said.
Airlines can avoid paying compensation only if they can show the cancellation was caused by “extraordinary circumstances”, such as a local fuel shortage.
High fuel prices should not count as an extraordinary circumstance for the purposes of exemptions from compensation.
Airlines must show the final ticket price upfront under EU rules, and cannot add charges later — including retroactive fuel surcharges.
For package holidays, organisers may be allowed to increase prices after purchase if this is set out in the contract and only in specific circumstances.
Airport slots, fuel-loading rules and subsidised routes
Airlines may be exempted from the “90% fuel uplift rule” under ReFuelEU Aviation in situations where safety rules require them to carry extra fuel from the departure airport, which could leave them unable to operate a later flight if fuel is not sufficiently available at the destination EU airport, the Commission said.
“Fuel uplift” refers to the amount of fuel taken on before a flight.
Carriers may also be excused from normal obligations to use their allocated airport slots if fuel supply problems prevent flights, under provisions in the EU Slot Regulation on “justified non-use of slots.”
Member states were encouraged to use clauses in their contracts when airlines operating Public Service Obligation routes — publicly supported services that keep certain air links running — face fuel shortages or exceptionally high fuel prices that make operations unfeasible at regulated fares.
Separately, the Commission said it has adopted a temporary State aid framework to let member states provide financial support to road, rail, inland waterways and maritime transport affected by high diesel costs, and that it will keep monitoring effects across transport modes.
