Middle East: European Commission publishes guide on EU law applicable to the aviation sector

In response to fuel supply issues and the closure of certain air and sea routes, the European Commission has published a guide providing clarification on EU law applicable to passengers, tourism and transport operators. This guide focuses specifically on the aviation sector, which is particularly vulnerable to a potential kerosene shortage should the situation in the Middle East persist.

Background

This guide forms part of the ‘AccelerateEU’ plan, presented by the European Commission at the end of April 2026, to address the economic consequences of the situation in the Middle East, particularly regarding energy prices. Various airlines have drawn attention to the risk of a kerosene shortage by the summer, urging the Commission to step up its monitoring of strategic and commercial stocks. 

In this document, the Commission details the application of the current EU framework, particularly regarding fuel supply and surcharges, airport slots, public service obligations and passenger rights.

Content

With regard to passengers, the Commission reiterates that their rights remain fully applicable. Indeed, passengers affected by cancellations retain the right to a refund, re-routing or assistance, as well as compensation in certain cases, particularly in the event of last-minute cancellations. In practical terms, airlines can only avoid paying compensation in the event of ‘extraordinary circumstances’, such as a local shortage preventing a flight from operating. However, the Commission does not consider high fuel prices to be extraordinary circumstances. 

The Commission also emphasises price transparency. Airlines cannot apply fuel surcharges retroactively, as the final ticket price must be communicated at the time of booking. 

To maintain connectivity, current European law provides for the possibility of implementing certain flexibilities. Airlines may, for example, be exempted from the 90% refuelling rule set out in ReFuelEU Aviation, where safety requirements necessitate carrying an additional quantity of fuel on departure, which could jeopardise the operation of the subsequent flight if fuel supplies are insufficient at the EU arrival airport. 

With regard to airport slots, airlines may be exempted from their usage obligations in the event of fuel supply difficulties. Under the ‘justified non-utilisation’ provision of Regulation No 793/2004 on the allocation of slots at Community airports, they are not penalised for unused slots. The Commission also calls on Member States to make full use of existing contractual clauses when carriers operating routes subject to a public service obligation face fuel shortages or exceptionally high fuel prices.

In conclusion, these guidelines do not introduce new rules, but aim above all to safeguard the sector and ensure the protection of passengers in a context of high uncertainty. It is, however, unlikely to address the difficulties facing the air transport sector. 

Next steps

Regular meetings with stakeholders from the oil and aviation sectors have been established to coordinate the European response and anticipate supply constraints. As for the airlines, they believe that despite the clarifications and flexibility provided by the Commission, further measures will be necessary in the longer term to address a situation that is set to persist, according to Airlines for Europe (A4E). 

The European Union Aviation Safety Agency (EASA) has also published a bulletin leaving the door open to the use of Jet A fuel in Europe, which is cheaper to produce. Currently, only Jet A-1 fuel is distributed in Europe, with Jet A fuel being used solely for flights departing from and within the United States and Canada. EASA states that this fuel would not pose a safety issue. 

Furthermore, on 29 April 2026, the Commission adopted a temporary framework for state aid response, the Middle East Crisis Temporary State aid Framework. It provides for the possibility for Member States to introduce specific aid schemes for road, rail, inland waterway and maritime transport, which are affected by high diesel costs. The aviation sector is not included.