European Commission reminds airlines of surcharge ban due to fuel crisis

The European Commission has issued clarifications for the EU transport and tourism sectors amid the Middle East crisis, stating that airlines cannot retroactively impose fuel surcharges on passengers due to rising jet fuel prices, Report informs.

The EC's recommendations concern the aviation sector and the expected shortage of jet fuel if the conflict drags on, Commission spokesperson Anna-Kaisa Itkonen said at a briefing in Brussels.

The document clarifies current EU regulations on passenger rights, airport slot use, refuelling obligations, and fuel surcharges.

"Any seller of airline tickets is obliged to immediately indicate the final price the passenger will pay, including all unavoidable and predictable charges," Itkonen stated.

She added that the current rise in jet fuel prices is "fully predictable," so airlines can only adjust fares when selling new tickets, but are not allowed to add fuel surcharges after purchase.

"Adding a fuel surcharge to an already purchased ticket cannot be justified," Itkonen said, adding that such a practice could violate EU legislation on unfair commercial practices.

The European Commission also emphasized that high fuel prices alone do not constitute "extraordinary circumstances" that exempt carriers from paying compensation for flight cancellations.

According to Itkonen, airlines retain the right to cancel flights that are not economically viable, but in such cases, passengers are still entitled to a refund, rerouting, or assistance at the airport.

"Airlines are exempt from paying compensation only if they can prove that the cancellation was due to extraordinary circumstances, such as a physical shortage of fuel," she said.

The Commission clarified that it currently sees no concrete indications of a shortage of aviation fuel in the EU, although the relevant bodies continue to hold weekly consultations with the industry, Member States, and the International Energy Agency.

The EU Aviation Safety Agency (EASA) simultaneously issued an advisory on the safe use of Jet A fuel, widely used in the United States. Itkonen stated that the use of this fuel does not pose any additional safety risks, as European aircraft already regularly refuel with it on transatlantic routes.

The European Commission also stated that current EU legislation currently provides sufficient flexibility for the industry, but did not rule out possible additional measures depending on how the situation develops.