The European Commission has issued guidance to relax EU anti-tankering and slot usage rules amid jet fuel shortages. The exemptions are contingent on fuel scarcity, do not universally apply, and exclude disruptions caused by fuel price increases.
The guidance clarifies existing regulations rather than introducing new laws, allowing airlines to waive the requirement to take on 90% of their fuel at EU airports if shortages threaten safety. Member states are encouraged to issue Notices to Air Missions (NOTAMs) when shortages occur, which can serve as evidence for necessary tankering. The exemption solely concerns fuel shortages, not higher prices.
The Commission reiterated that slot rules, including the 'use it or lose it' policy, may be suspended during disruptions like airport closures or disturbances—fuel shortages due to conflict qualify but increased fuel costs do not. The agency intends to propose temporary amendments if disruptions escalate, aiming to mitigate market impacts.
Furthermore, airlines affected by fuel shortages can be exempted from certain passenger rights obligations, such as flight cancellations, provided they maintain essential services like accommodation and rebooking. The guidance explicitly states that rising fuel prices are not considered an extraordinary circumstance under current laws.
The EU regulatory framework thus offers flexible measures to support airlines during fuel crises, prioritizing safety and operational continuity while emphasizing that economic factors like fuel cost hikes are not justification for exemption from existing rules.
