
Crisis preparedness in European airspace: New guidelines on fuel shortages and slot regulation
The European Commission has adopted comprehensive guidelines clarifying the legal framework for dealing with potential kerosene shortages in European airspace. In light of geopolitical instability and possible supply chain disruptions, Brussels is proposing targeted exemptions from the usual competition and operational rules. These particularly concern the so-called tankering ban and the strict rules governing the use of take-off and landing rights, known as slots. The Commission emphasizes that these exemptions apply exclusively in cases of physical fuel shortages and may not be used to compensate for increased energy prices. With this step, the EU administration is responding to the need to ensure operational safety and the continuity of air traffic, even in times of crisis, while simultaneously safeguarding passenger rights and the stability of the internal market. Flexibility of the ReFuelEU Regulation in the event of supply shortages: A key aspect of the new guidelines concerns the ReFuelEU Regulation. This regulation requires airlines, under normal operating conditions, to refuel at least 90 percent of the fuel needed for a flight at the respective departure airport within the EU. The aim of this regulation is to prevent so-called fuel tankering – a practice in which aircraft take on significantly more fuel than necessary to exploit price differences between airports. This leads to a higher takeoff weight and thus increased fuel consumption. The Commission is now clarifying that this quota may be undercut if compliance with applicable safety regulations is jeopardized due to fuel shortages. Fuel scarcity is explicitly classified as an event that justifies a deviation from the 90 percent threshold. To ensure legally sound application, the Commission calls on member states to issue official warnings immediately in the event of impending shortages.




