The European Commission has adopted guidance concerning the relaxation of the European Union's normal anti-tankering and slot usage rules in case of jet fuel shortages. The exemptions are contingent on fuel becoming scarce, do not apply universally, and do not cover disruptions caused solely by a rise in fuel prices.

The guidance issued from Brussels clarifies existing rules and laws and is not introducing any new ones.

The Commission opined that the existing ReFuelEU regulation, which normally requires airlines to take on 90% of their fuel for each flight departing from an EU airport at that particular airport, can be waived to ensure "compliance with applicable fuel safety rules." Fuel shortages are explicitly listed as one of the events that would justify falling under the threshold.

The Commission encouraged member states to issue Notices to Air Missions (NOTAMs) as soon as possible when shortages become a real risk, and said that such NOTAMs should be accepted as sufficient evidence for why tankering becomes necessary.

However, the EU administration explicitly said that tankering would be permitted only in cases of fuel shortages at one of the airports, not due to higher prices.

The Commission also recalled that existing slot regulation explicitly permits the suspension of the normal "use it or lose it" rule, requiring the utilisation of a minimum of 80% of slots per scheduling season, in case of airspace or airport closures, or "serious disturbance of operations at the airports concerned". The shortage of fuel caused by a military conflict counts as such a disturbance, but, also in this case, the authority emphasised that fuel cost is not a justified reason for an exemption from slot usage rules.

"If the situation worsens and existing flexibilities no longer suffice, the Commission will consider proposing temporary changes to the [slot] regulation when and where justified, designed to limit any potential negative impacts on the single market," the administration said.

The Commission also recalled that the existing rules permit states to adopt special measures to protect public service obligation flights in case of disruptions, including rapidly increasing operating costs.

Flight cancellations caused by fuel shortages can also exempt airlines from some obligations related to passenger rights, including compensation. The airlines would still be obliged to provide accommodation, food, and alternative means of travelling to the destination. As with other aspects, the Commission highlighted that the increase in fuel prices is not considered an "extraordinary circumstance", and any cancellations caused by this factor would fall fully under the existing air passenger rights law, including the right to compensation.

"Airlines may not include terms and conditions which would allow them to increase the price of the ticket above what is advertised at the time of purchase simply because fuel was more expensive than they had accounted for," the Commission also said.