REPORT on the proposal for a regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport

28.6.2022 - (COM(2021)0561 – C9‑0332/2021 – 2021/0205(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Søren Gade
 Rapporteurs for the opinion (*):
Nicolás González Casares, Committee on the Environment, Public Health and Food Safety
Jutta Paulus, Committee on Industry, Research and Energy
 (*) Associated committees – Rule 57 of the Rules of Procedure

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport

(COM(2021)0561 – C9‑0332/2021 – 2021/0205(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0561),

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0332/2021),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 20 October 2021,

– after having consulted the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on the Environment, Public Health and Food Safety, and the Committee on Industry, Research and Energy

– having regard to the report of the Committee on Transport and Tourism (A9-0199/2022),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 

 

 

 

 

 

Amendment  1

 

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.	(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs ,trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, as well as one of the main connector between outermost regions and the mainland, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity, fostering cohesion and reducing regional disparities within the Union, in particular for peripheral, outermost, sparsely populated and insular regions, as well as with third countries, and has been a significant enabler of the Union economy.

Amendment  2

 

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security.	(2) The Union has established legal obligations under Regulation (EU) 2021/1119 to achieve climate neutrality by 2050 at the latest and to achieve a reduction of net greenhouse gas emissions by at least 55 % compared to 1990 by 2030. In order to achieve this, all economic sectors, including the transport sector, has to take rapid steps to decarbonise. For the aviation sector, this necessitates a strong ramp-up of the production, supply and uptake of sustainable aviation fuels. From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. It is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. The International Civil Aviation Organisation estimates per annum growth in Europe of up to 3 % a year until 2050 for passenger traffic, and 2.4 % for freight traffic. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could quickly return as we overcome the pandemic. Therefore, it is imperative to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport sector that contributes fully to achieving the Union’s climate goals, with high levels of connectivity, affordability, safety and security.

Amendment  3

 

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The functioning of the Union air transport sector is determined by its cross-border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries.	(3) The functioning of the Union air transport sector is determined by its cross-border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The Union's external air transport policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), and in comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. It is therefore important that the Union sustains the efforts made at international, multilateral and bilateral level to promote a high level of ambition and convergence in the uptake of sustainable aviation fuels, while providing for an international level playing field.

Amendment  4

 

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) The air transport market is subject to strong competition between economic actors across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.	(4) The air transport market is subject to strong competition between economic actors globally and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal rules and opportunities, leading to a vibrant sector and to job opportunities. To a large extend intra-EU flights are part of global itineraries set in a global market. The same is valid for itineraries from non-EU to non-EU destinations through European airports. Where market distortions occur, aircraft operators or airports are put at risk for a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, putting air transport businesses and jobs at risk, and a loss of air connectivity and transport choices for citizens and businesses.

Amendment  5

 

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.	(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market, reduce the attractiveness of the aviation sector and therefore mobility, with high fuel prices translating directly into high end-consumer fares. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering for economic reasons by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector, leading to market distortions and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market. Nevertheless, this Regulation should also take into account the fact that fuel tankering at times occurs in order to comply with fuel safety rules and in such cases is justified by safety reasons. Furthermore, fuel tankering can be the consequence of specific operational difficulties for some aircraft operators at some airports, inter alia in terms of disproportionate longer turnaround time for aircraft or reduced airport capacity at peak times. The Commission should therefore closely monitor, evaluate and analyse cases of fuel tankering and their underlying reasons and, where appropriate, come forwards with legislative proposals to amend this Regulation.

Amendment  6

 

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.	(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems, compliance with labour and social regulations, and protection of the environment. Sustainable development of air transport requires the introduction of measures, including economic instruments, aimed at reducing the carbon emissions from aircraft flying from Union airports and developing a market for the production and supply of sustainable aviation fuels. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.

Amendment  7

 

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped.	(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, and a clear commitment from industry, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies, including the development of zero-emission electric- or hydrogen-powered aircrafts, are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades and can play an important role in commercial aviation in the medium and long term, sustainable aviation fuels offer a promising solution for significant decarbonisation of all flight ranges, both in the short and in the medium and long term. However, this potential is currently largely untapped and needs support over time for the further development and deployment of sustainable aviation fuels and for research into new aircraft engines and technologies.
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10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.	10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.

Amendment  8

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission	Amendment
	(7 a) The overarching principle of energy efficiency first should be implemented across all sectors, going beyond the energy system to include the transport sector, including aviation. In particular, it should be integral to policy, planning and investment decisions related to the deployment of more energy efficient engines and sustainable alternative fuels and technologies, including as regards the rapid development of planes propelled by renewable electricity or green hydrogen.

 

Amendment  9

 

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.	(8) Sustainable aviation fuels are aviation fuels that comprise liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines, as well as hydrogen and electricity. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards and EASA’s support for the design of those standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other sustainable aviation fuels, such as electricity or hydrogen, are very promising technologies and are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. This Regulation will further accelerate scientific development and deployment of these technologies, as well as commercial innovation in respect of them, by allowing economic operators to consider those technologies in relation to the mandate on sustainable aviation fuels, as set out in this Regulation, when those technologies become mature and commercially available. This will also increase market certainty and predictability and act as an incentive for the investments in those new technologies that are necessary.

Amendment  10

 

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union.	(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports, also in the context of the implementation of CORSIA and ETS emission schemes. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union, including common definitions and common EU-level target-setting.

Amendment  11

 

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.	(10) At global level, sustainable aviation fuels are regulated and defined at ICAO, where countries agree on detailed requirements on the sustainability, traceability and accounting of certified sustainable aviation fuels pathways for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation(CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. Currently, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels

Amendment  12

 

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission	Amendment
	(10 a) In order to prevent distortions of competition in the international aviation market, that could lead to the loss of traffic flows connecting through EU airports and to carbon leakage and in order to create a global market of sustainable aviation fuels, the Union external aviation policy should take a global lead in the shift towards the use of sustainable fuels, engage in international negotiations to harmonise definitions and standards of sustainable air fuels and promote international convergence on the rules concerning the production, uptake and uplift of sustainable aviation fuels. It is therefore important that the Union sustains its efforts at ICAO and strives for an ambitious global system that promotes a global market for sustainable aviation fuels and provides for an international level playing field. The Commission and Member States should therefore advocate at the ICAO General Assembly to immediately start negotiations for an ambitious global policy framework at ICAO level for the uptake of sustainable aviation fuels. Once such a global policy framework is adopted, the Commission should ensure that the provisions of this Regulation are compatible, consistent and complementary to the global framework and the international standards, thereby securing a coherent implementation and a level playing field at international level. In addition, the Commission and Member States should aim to ensure that comprehensive multilateral and bilateral air transport and air services agreements integrate equivalent, binding provisions on a blending mandate for the uptake of sustainable aviation fuels. Furthermore, the Commission should regularly assess whether the provisions of this Regulation have an adverse effect on the functioning of the internal market in aviation, the sector’s competitiveness, the international level playing field with regards to air carriers and airport hubs and possible re-routing leading to carbon leakage and, where appropriate, present remedies to address these adverse effects.

Amendment  13

 

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market. In particular, the present Regulation aims to avoid a fragmentation of the aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators.	(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market and promoting sustainable fuels in aviation. In particular, the present Regulation aims to avoid a fragmentation of the Union aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators and promote innovation and production in the Union. Targeted support and financing is required from Union and national levels, as well as incentivising public and private partnerships to accelerate the uptake of sustainable aviation fuels.

Amendment  14

 

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.	(15) The present Regulation should not apply to aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, since flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. This Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to military aircrafts or to aircrafts engaged in customs, police and fire-fighting operations. In order to cater for a level playing field across the EU aviation single market and to favour the development of the SAF market and the necessary infrastructure for SAF across the entire EU, it should cover all commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, to provide for the necessary flexibility to enable fuel suppliers to provide and airlines to uplift sustainable aviation fuels in the most cost-effective manner, and to  avoid imposing an undue burden on air transport operations at small airports, a flexibility mechanism, including book & claim elements, should be set up as a transitional phase. In order to prevent undue distortions of competition in the internal market, after that transitional period the requirements laid out in this Regulation should apply equally in the long term to all Union airports and to all commercial aircraft operators taking off or landing in an Union airport.

Amendment  15

 

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15 a) It is essential that less-connected European regions, such as insular and outermost regions, that often rely on aviation as the sole means of connection, are not disproportionally affected by the obligations resulting from this Regulation and that access of these regions to essential goods and services is ensured. In order to help safeguarding the air-connectivity of regions with fewer alternative transport options, attention should be paid to the possible effects of the provisions in this Regulation with regards to the affordability, competitiveness and potential price increases of air routes connecting remote regions and other areas of the Union.

Amendment  16

 

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16 a) It is essential that the pool of eligible sustainable feedstock be as inclusive as possible, in order to maximise the potential for scaling up the production of sustainable aviation fuels at affordable costs. The list of feedstock eligible under the present Regulation should not be static but evolving over time to include new sustainable feedstock. For that purpose, in line with article 28(6)of Directive (EU) 2018/2001, the Commission should review at least every two years the list of feedstock set out in Parts A and B of Annex IX with a view to adding new feedstock. New feedstock added to Annex IX should become directly eligible for production of sustainable aviation fuels under the present Regulation.

Amendment  17

 

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) For sustainability reasons, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops-based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector.	(17) For sustainability reasons, feed and food crop-based fuels, including high indirect land-use change risk biofuels such as those derived from palm oil, should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests,wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU)2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops-based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector.

Amendment  18

 

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission	Amendment
	(17 a) Accurate and correct information about the characteristics of sustainable aviation fuels is of major importance for the proper functioning of this Regulation. In order to promote consumer confidence and ensure transparency and traceability, fuel suppliers are responsible to provide the correct information with regards to the characteristics of the fuel supplied, its sustainability characteristics and the origin of feedstock used in the production of the fuel. That information is reported in the Union Database, established under Article 28 of Directive (EU) 2018/2001 (the Renewable Energy Directive). Fuel suppliers that have been proven to have provided misleading or inaccurate information regarding the characteristics or origin of the fuels they supply should be subject to a penalty. Member States have to ensure that fuel suppliers enter timely and accurate information in the Union Database and that that information is verified and audited. In order to combat possible fraud and since a substantial part of the feedstock needed for the production of sustainable aviation fuels comes from outside the Union, it is necessary for Member States, in cooperation with the relevant European bodies, to strengthen the control mechanism for shipments, including by carrying out on-site inspections. In this respect, the Commission will publish an Implementing Regulation on sustainability certification in line with Article 30(8) of the Directive (EU) 2018/2001 in order to further harmonise and strengthen the rules on reliability, transparency and independent auditing as well as on cooperation of competent authorities of the Member States in audit supervision.

Amendment  19

 

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) A single, clear and robust sustainability framework is necessary to provide certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 .	(18) A single, clear and robust sustainability framework is necessary to provide legal certainty and continuity for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 .
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12 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=fr	12 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=fr

Amendment  20

 

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.	(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. The availability of feedstock and the production capacity of sustainable aviation fuel are not unlimited. A situation in which some Member States would adopt higher overall sustainable aviation fuel supply obligations at national level will intensify the competition for feedstock with other transport and energy sectors and could lead to shortages of supply in other regions. This would undermine the ability of aircraft operators in these regions to decarbonise, and unfairly increase the cost to those aircraft operators of compliance notably with the EU ETS, leading to market distortions and an overall competitive disadvantage. Therefore, common EU-level target setting for the overall production and for the uptake of sustainable aviation fuels should be set. This Regulation supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive. Furthermore, synthetic aviation fuels with CO2 derived from direct air capture (DAC) can play an important role due to their ability to sustainably source carbon and should be further promoted.

Amendment  21

 

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission	Amendment
	(19 a) The availability of feedstock and the production capacity of sustainable aviation fuel are not unlimited. An intensified competition for limited feedstock could lead to shortages of supply and market distortions and thereby negatively affect the competitiveness of the aviation sector as a whole. In order to ensure a level playing field and avoid a fragmentation of the internal market, harmonised requirements should apply across the Union about the minimum shares of SAF uptake. However, while ensuring the achievement of these EU harmonised volume shares in accordance with Annex I, Member States may take national measures, supportive policies and initiatives aiming at increasing the level of production and uptake of sustainable aviation fuels, including synthetic aviation fuels, on their territory, for instance by providing financial support. Such national actions should be transparent, non-discriminatory, proportionate and of a general nature open to all enterprises. Furthermore, as this Regulation does not define a maximum share of sustainable aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering. To this end, airlines and fuel suppliers could, by means of contractual arrangements, agree on mutual commitments to produce, supply and purchase predetermined quantities of sustainable aviation fuels, including those exceeding the minimum volume shares set out in Annex I. Such contractual arrangements may also cover liability and establish conditions for financial compensation in cases of non-delivery.

Amendment  22

 

Proposal for a regulation

Recital 19 b (new)

Text proposed by the Commission	Amendment
	(19 b) Consumer demand can play an important role in the development towards a more sustainable aviation. However, for consumers to be able to make an informed choice, more robust, reliable, independent and harmonised information is needed on the environmental impact of flights, in line with the Sustainable and Smart Mobility Strategy Action Plan. To this end, a comprehensive Union labelling system for the environmental performance of aviation should be established that can provide users of aviation services clear, transparent, comprehensive, user-friendly and easily understandable information about the environmental performance of aviation. This will drive consumers’ choices and further promote the use of sustainable aviation fuels and other sustainability measures by aircraft operators. The European Union Aviation Safety Agency (EASA) is already responsible for environmental certification of aircraft and has been working together with stakeholders to develop an environmental labelling system for aviation that covers aircraft, aircraft operators and commercial flights. EASA should be tasked with the further development, implementation and functioning of such system to ensure independence, technical robustness and synergies with other EU measures.

Amendment  23

 

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.	(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned and a flexibility mechanism put in place to allow the renewable fuels industry to develop production capacity accordingly and to allow aviation fuel providers and aircraft operators to meet their obligations in the most cost-effective way, without reducing the overall environmental ambitions of this Regulation. The supply of sustainable aviation fuels should start in 2025, with the flexibility provided for in the SAF flexibility mechanism. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.

Amendment  24

 

Proposal for a regulation

Recital 21

Text proposed by the Commission	Amendment
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.	(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering for economic reasons may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices for economic reasons are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering. To ensure a level playing field both for intra-EU and extra-EU flights, the Commission should regularly monitor, evaluate and report on fuel tankering cases.

Amendment  25

 

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission	Amendment
	(21 a) The further uptake of sustainable aviation fuels, that typically have lower aromatic concentrations and lower sulphur content, will contribute to reducing the non-CO2 climate impacts. A further reduction of the aromatic and sulphur content in aviation fuels could reduce contrail cirrus formation, improve air quality in and around airports, and increase the quality of the fuel for the benefit of airlines, both through high energy density and lower maintenance costs due to lower soot levels. However, reducing the aromatic concentrations in aviation fuels needs to be done while adhering to international fuel safety rules and preserving an international level playing field. Therefore, EASA should monitor the aromatics and sulphur content of conventional aviation fuels. The Commission should, by 1 January 2025 at the latest, present a report to the European Parliament and to the Council assessing possible measures, including, where appropriate, legislative proposals and fuel quality standards, to optimise the aromatic content in aviation fuel.

Amendment  26

Proposal for a regulation

Recital 21 b (new)

Text proposed by the Commission	Amendment
	(21 b) In addition to its climate warming effects, aviation also negatively impacts air quality. The most significant pollutants are particulate matter(PM), including ultra-fine particles, nitrogen oxides (NOX) and volatile organic compounds (VOCs), with some of these primary pollutants producing other pollutants1a. While more research is needed on the health effects of ultrafine particles, several studies have demonstrated short-term and long-term effects of exposure to ultrafine particles, including mortality, cardiovascular, ischemic heart disease and pulmonary morbidity1b. Air pollution also contributes to biodiversity loss through damage to ecosystems.
	_________________
	1a EASA, aviation and air pollution: https://www.easa.europa.eu/eaer/topics/adapting-changing-climate/air-quality
	1b WHO Global Air Quality Guidelines 2021: https://apps.who.int/iris/bitstream/handle/10665/345329/9789240034228-eng.pdf?sequence=1&isAllowed=y

 

Amendment  27

 

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.	(22) It is important to ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, as well as continued and uninterrupted access for fuel suppliers to transport fuel infrastructure, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. This Regulation should take due account of the diverse governance models for airports across the Union. In this regard, airports covered by this Regulation, or, where applicable, the relevant managing body to which the centralised infrastructure of the airport has been reserved by the Member State concerned as referred to in Article 8 of Council Directive 96/67/EC (“Groundhandling Directive”), should therefore take all necessary measures to provide the infrastructure necessary for the delivery, storage and uplifting of such sustainable aviation fuels and the access of aircraft operators to them. Where the ultimate responsibility for providing the fuel infrastructure at Union airport is assumed, pursuant contractual arrangements, by an entity other than the Union airport, or where applicable, the managing body of an airport, that entity should be responsible under the contractual arrangement for complying with the obligation under Article 6 of this Regulation. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure. When electric or hydrogen-powered aircrafts become mature and commercially available, it will be necessary for airports covered by this Regulation to take all necessary measures to facilitate an appropriate infrastructure for hydrogen and electric recharging for aircrafts, in accordance with the respective deployment plan of the national policy framework, as set out in the proposed Regulation on the deployment of alternative fuels infrastructure. Furthermore, the provision of electricity supply to stationary aircraft should be ensured, inline with Article 12 of Regulation XXX [AFIR Regulation].

Amendment  28

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) Many Union airports are supplied with aviation fuel principally via pipelines from refineries or blending stations where SAF blending to meet safety and sustainability specifications needs to take place. Member States should take all necessary measures to allow the continued and uninterrupted access of aviation fuel suppliers to civil transport aviation fuels infrastructure to supply both conventional aviation fuels and aviation fuels containing shares of sustainable aviation fuels. Delivering SAF to Union airports in sufficient quantities to meet the provisions set out in Annex I by alternate means such as by road/ truck from refineries and blending stations is logistically, practically and from a cost and CO2 penalty perspective infeasible. It will be essential to use these pipelines in addition to pipelines owned by fuel suppliers - where they exist - as well as rail facilities already in place, in order to deliver the minimum SAF required under this Regulation.

Amendment  29

 

Proposal for a regulation

Recital 24

Text proposed by the Commission	Amendment
(24) Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission.	(24) Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering for economic reasons was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission.

Amendment  30

 

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission	Amendment
	(26 a) The introduction in the Union of a mandate on the uptake of sustainable aviation fuels could lead to an undue competitive disadvantage for EU airlines operating direct long-haul flights from an Union airport in comparison with their competitors connecting via an airport hub outside the Union. In order to further promote the uptake of sustainable aviation fuels in the Union, for which prices are predicted to have a substantial price difference compared to conventional fuel in the foreseeable future, airlines should be able to claim free allowances for the uplifting of sustainable aviation fuels under the ETS scheme

Amendment  31

 

Proposal for a regulation

Recital 27

Text proposed by the Commission	Amendment
(27) It is essential that aircraft operators can claim the use of sustainable aviation fuels under greenhouse gas schemes such as the EU Emissions Trading System or CORSIA, depending on the route of their flights. However, it is essential that this regulation should not lead to a double counting of emissions reductions. Aircraft operators should only be allowed to claim benefits for the use of an identical batch of sustainable aviation fuels once. Fuel suppliers should be requested to provide free of charge to aircraft operators any information pertaining to the properties of the sustainable aviation fuel sold to that aircraft operator and that is relevant for reporting purposes by the aircraft operator under this Regulation or greenhouse gas schemes.	(27) In order to promote the uptake of sustainable aviation fuels, that have a substantial price difference compared with conventional fuels, it is essential that aircraft operators can claim the use of sustainable aviation fuels under greenhouse gas schemes such as the EU Emissions Trading System or CORSIA, depending on the route of their flights. However, it is essential that this regulation should not lead to a double counting of emissions reductions. Aircraft operators should only be allowed to claim benefits for the use of an identical batch of sustainable aviation fuels once. Fuel suppliers should be requested to provide free of charge to aircraft operators any information pertaining to the properties of the sustainable aviation fuel sold to that aircraft operator and that is relevant for reporting purposes by the aircraft operator under this Regulation or greenhouse gas schemes.

Amendment  32

 

Proposal for a regulation

Recital 28

Text proposed by the Commission	Amendment
(28) In order to ensure a level playing field of the aviation internal market and the adherence to the climate ambitions of the Union, this Regulation should introduce effective, proportionate and dissuasive penalties on aviation fuel suppliers and aircraft operators in case of non-compliance. The level of the penalties needs to be proportionate to the environmental damage and to the prejudice to the level-playing field of the internal market inflicted by the non-compliance. When imposing administrative fines, the authorities should take into account the evolution of the price of aviation fuel and sustainable aviation fuel in the reporting year;	(28) In order to ensure a level playing field of the aviation internal market and the adherence to the climate ambitions of the Union, this Regulation should introduce effective, proportionate and dissuasive penalties on aviation fuel suppliers and aircraft operators in case of non-compliance. The level of the penalties needs to be proportionate to the environmental damage and to the prejudice to the level-playing field of the internal market inflicted by the non-compliance. When imposing administrative fines and other penalties, the authorities should take into account the evolution of the price of aviation fuel and sustainable aviation fuel in the reporting year and may also take into account the degree of non-compliance, for example in the case of repeated infringements.

Amendment  33

 

Proposal for a regulation

Recital 29

Text proposed by the Commission	Amendment
(29) The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;	(29) The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year. Nevertheless, in order to avoid an undue dual penalty in cases that are outside the direct control of the fuel supplier, the obligation to supply the market with the shortfall should not apply when the Commission assesses that this shortfall is caused by insufficient resources being available.

Amendment  34

 

Proposal for a regulation

Recital 29 a (new)

Text proposed by the Commission	Amendment
	(29 a) The successful transition to sustainable aviation requires an integrated approach and the appropriate enabling environment to stimulate innovation, involving both public and private investment in research and development and support for the redeployment, re-skilling and up-skilling of workers, as well as technological and operational measures, and the deployment of sustainable aviation fuels and of zero-emission technologies, including the necessary refuelling and recharging infrastructure in airports, taking into account the energy efficiency first principle. For this purpose, the revenues generated by the penalties under this Regulation and 50 % of the revenues generated from the auctioning of aviation allowances under Directive 2003/87/EC [ETS] should be allocated to a new Sustainable Aviation Fund. Furthermore, the setting up, on a voluntary basis and under the coordination of the Commission, of a European SAF Alliance, within one year after the entry into force of this Regulation, could help foster the further development and scaling-up of SAF production in Europe, inter alia by bringing together the entire industrial value chain, encouraging the roll-out of the most innovate technologies and identifying policies and market developments, taking into consideration the principle of technology neutrality.

Amendment  35

 

Proposal for a regulation

Recital 29 b (new)

Text proposed by the Commission	Amendment
	(29b) Research and innovation will play a substantial role in the development of sustainable and synthetic aviation fuels and the production capacity building. A respective investment priority should be clearly set within the relevant Union funding programmes identified by the Commission.

Amendment  36

 

Proposal for a regulation

Recital 29 c (new)

Text proposed by the Commission	Amendment
	(29 c) The development and production of sustainable aviation fuels has to be exponentially increased in the coming years. The Union and the Member States should invest in the research and production of sustainable aviation fuel projects as they present both an environmental and an industrial opportunity. The production of sustainable air fuels should be concentrated inside the Union, creating industrial, labour and research opportunities in all the Member States.

 

Amendment  37

 

Proposal for a regulation

Recital 30

Text proposed by the Commission	Amendment
(30) This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level. Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation.	(30) This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level, taking due account of the “one in, one out” principle and the aim of regulatory simplification. Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation.

Amendment  38

 

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.	(31) A flexibility mechanism should be set up with a transitional period of 10 years from the date of application of this Regulation to fuel suppliers and aircraft operators to allow them a reasonable amount of time to make the necessary technological and logistical investments. During this phase, elements of a book & claim system may be used, allowing aviation fuel suppliers to use fuel containing higher shares of sustainable aviation fuel compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at minor or logistically constrained airports, and for aircraft operators to buy a certificate linked to the amount of SAF acquired, while guaranteeing a high level of environmental integrity. That flexibility mechanism would also help to safeguard air-connectivity by preventing less connected European regions with fewer alternative transport from being disproportionally affected. In order to prevent market players from abusing any possible dominant market position, during this transitional period the Commission should make full use of its competition powers under Article 102 TFEU. After that transitional period of 10 years, in order to prevent undue distortions of competition in the internal market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels.

Amendment  39

 

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) In order to achieve the Union's climate targets for 2030 and 2050 and the target of 1,5 °C of the Paris Agreement, the Commission should develop a roadmap on how and when fossil free aviation is achieved.

Amendment  40

 

Proposal for a regulation

Recital 31 b (new)

Text proposed by the Commission	Amendment
	(31b) The transition to sustainable aviation fuels will also have the secondary effect of reducing dependence on fossil fuel imports from third countries, thus increasing the Union’s energy security. The need for this move is only accentuated by the current international political situation.

Amendment  41

 

Proposal for a regulation

Article 1 – title

Text proposed by the Commission	Amendment
Subject matter	Subject matter and objective

Amendment  42

 

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission	Amendment
This Regulation shall apply to aircraft operators, Union airports, and to aviation fuel suppliers.	This Regulation shall apply to aircraft operators, Union airports, or where applicable, the managing body of an airport, and to aviation fuel suppliers.

Amendment  43

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 1

Text proposed by the Commission	Amendment
— ‘Union airport’ means an airport as defined in Article 2(2) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union;	— ‘Union airport’ means an airport as defined in Article 2(1) of Directive 2009/12/EC of the European Parliament and of the Council13 which is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union or an airport situated in an outermost region which has been notified as a Union airport to the Commission, the Agency and the competent authorities.
__________________	__________________
13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges	13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges

Amendment  44

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 2

Text proposed by the Commission	Amendment
— ‘aircraft operator’ means a person that operated at least 729 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;	— ‘aircraft operator’ means a person that operated at least 52 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft, or a person that operated air transport flights departing from a Union airport, which has requested the Commission to be treated as an aircraft operator for the purpose of this Regulation and has informed accordingly the Commission, the Agency and the competent authorities;

Amendment  45

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 2 a (new)

Text proposed by the Commission	Amendment
	- 'managing body of the airport`-means a managing body within the meaning of Article 3 of Directive 96/67 /EC, or another body to which the Member State concerned has reserved the management of the centralised infrastructures for fuel distribution systems pursuant to Article 8 of Directive 96/67/EC;

Amendment  46

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 5

Text proposed by the Commission	Amendment
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;	— ‘sustainable aviation fuels’ (‘SAF’) means aviation fuels that are either: synthetic aviation fuels, liquid and gaseous fuels that are produced from waste processing gas and exhaust gas of non-renewable origin which are produced as an unavoidable and unintentional consequence of the production process in industrial installations, as referred to in Article 2, second paragraph, point 35 of Directive (EU) 2018/2001, which comply with the greenhouse gas emissions savings threshold referred to in Article 25(2), second subparagraph of that Directive, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive. Until 31 December 2034 sustainable aviation fuels may also include biofuels which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29 of Directive (EU)2018/2001 and are certified in accordance with Article 30 of that Directive, with the exception of biofuels produced from ‘food and feed crops’ as defined in Article 2, second paragraph, point 40 of that Directive;

Amendment  47

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 8

Text proposed by the Commission	Amendment
— ‘synthetic aviation fuels’ means fuels that are renewable fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, used in aviation;	— ‘synthetic aviation fuels’ means renewable hydrogen or renewable electricity or fuels that are renewable fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, used in aviation.

Amendment  48

Proposal for a regulation

Article 3 – paragraph 1 – indent 9 a (new)

Text proposed by the Commission	Amendment
	— ‘electricity from renewable energy sources’ or ‘renewable electricity’ means electricity produced from renewable energy sources as defined in Article2, second paragraph, point 1 of Directive (EU) 2018/2001;

Amendment  49

Proposal for a regulation

Article 3 – paragraph 1 – indent 9 b (new)

Text proposed by the Commission	Amendment
	—  ‘hydrogen from renewable energy sources’ or ‘renewable hydrogen’ means hydrogen produced from renewable electricity or from fuels that are renewable liquid or gaseous fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001;

 

Amendment  50

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 13

Text proposed by the Commission	Amendment
— ‘yearly aviation fuel required’ means the amount of aviation fuel necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period;	— ‘yearly aviation fuel required’ means the amount of aviation fuel defined as ‘trip fuel’ and ‘taxi fuel’ under Commission Implementing Regulation 2021/1296 necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period;

Amendment  51

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 16 a (new)

Text proposed by the Commission	Amendment
	- ‘SAF flexibility mechanism’ means a system to be established for a period of 10 years from the date of application of Article 4 and Article 5 in accordance with Article 15 by which the supply and uptake of sustainable aviation fuels is driven by market freedom with flexibility for aircraft operators and aviation fuel suppliers to arrange the distribution and use of sustainable aviation fuels in a cost-effective way at the Union airports of their choice and in proportion with their needs. Such system, incorporating elements of a book & claim scheme, may enable aircraft operators to purchase sustainable aviation fuels through contractual arrangements with aviation fuel suppliers and to claim its use at Union airports, where applicable, under a greenhouse gas scheme in accordance with Article [...] of Directive (EU) 2021/0207.

Amendment  52

 

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.	Without prejudice to Article 13, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.

Amendment  53

 

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall at least complement that shortfall in the subsequent reporting period.	Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall report the shortfall, and the reasons for it, to the European Union Aviation Safety Agency. Where the Commission assesses that this shortfall is not caused by lack of resource availability, the fuel supplier shall make every possible effort to at least complement that shortfall in the subsequent reporting period.

Amendment  54

 

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	Fuel suppliers may demonstrate compliance with the obligation contained in paragraph 1 by using the mass balance system referred to in Article 30 of Directive (EU) 2018/2001.

Amendment  55

 

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90% of the yearly aviation fuel required.	The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90% of the yearly aviation fuel required, taking into account the necessary compliance with fuel safety rules.

Amendment  56

 

Proposal for a regulation

Article 6 – title

Text proposed by the Commission	Amendment
Obligations of Union airports to provide the infrastructure	Obligations to provide infrastructure at Union airports

Amendment  57

 

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.	Union airports, or where applicable, the managing body of an airport shall take all necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels, including an appropriate infrastructure for hydrogen refuelling and electric recharging for aircrafts, commensurate with the uptake of those aircraft, in accordance with the respective deployment plan of the national policy framework, as set out in Article 13(l) of Regulation [… ]on the deployment of alternative fuels infrastructure [AFIR].

Amendment  58

 

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airport to provide the information necessary to prove compliance with paragraph 1. The Union airport concerned shall provide the information without undue delay.	Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency shall, where appropriate, request the Union airport, or where applicable, the managing body of the airport, to provide the information necessary to prove compliance with paragraph 1. The Union airport or where applicable, the managing body of the airport, concerned shall provide the information without undue delay.

Amendment  59

 

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).	The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport, or where applicable, the managing body of the airport, does not fulfil its obligations. Union airports, or where applicable, the managing body of the airport, shall take all necessary measures to identify and address the lack of adequate airport infrastructure by 3 years after the entry into force of the Regulation.

Amendment  60

 

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
By 31 March of each reporting year, aircraft operators shall report the following information to the Agency:	By 31 March of each reporting year, aircraft operators shall report the following information relative to the reporting period to the Agency:

Amendment  61

 

Proposal for a regulation

Article 7 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) The total amount of aviation fuel uplifted at each Union airport, expressed in tonnes;	(a) The total amount of aviation fuel uplifted at each Union airport, expressed in tonnes of kerosene equivalent;

Amendment  62

 

Proposal for a regulation

Article 7 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) The yearly aviation fuel required, per Union airport, expressed in tonnes;	(b) The yearly aviation fuel required, per Union airport, expressed in tonnes of kerosene equivalent;

Amendment  63

 

Proposal for a regulation

Article 7 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) The total amount of sustainable aviation fuel purchased from aviation fuel suppliers, for the purpose of operating their flights departing from Union airports, expressed in tonnes.	(d) The total amount of sustainable aviation fuel purchased from aviation fuel suppliers, for the purpose of operating their flights departing from Union airports, expressed in tonnes of kerosene equivalent.

Amendment  64

 

Proposal for a regulation

Article 7 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the amount purchased expressed in tonnes, the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.	(e) For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the total amount purchased expressed in tonnes of kerosene equivalent, the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.

Amendment  65

 

Proposal for a regulation

Article 8 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Aircraft operators shall not claim benefits for the use of an identical batch of sustainable aviation fuels under more than one greenhouse gas scheme. Together with the report referred to in Article 7, aircraft operators shall provide the Agency with:	Aircraft operators shall be entitled to claim the allocation of free allowances under the ETS scheme for the uplifting of sustainable aviation fuels in accordance with [Article 3c(5a))] of Directive 2003/87/EC. Aircraft operators shall not claim benefits for the use of an identical batch of sustainable aviation fuels under more than one greenhouse gas scheme. Together with the report referred to in Article 7, aircraft operators shall provide the Agency with:

Amendment  66

 

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission	Amendment
For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information free of charge.	For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information relative to the reporting period free of charge not later than 31 January of each reporting year.

Amendment  67

 

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
By 31 March of each reporting year, aviation fuel suppliers shall report in the Union Database referred to in Article 28 of Directive (EU) 2018/2001, the following information relative to the reporting period:	By 31 January of each reporting year, aviation fuel suppliers shall report in the Union Database referred to in Article 28 of Directive (EU) 2018/2001, the following information relative to the reporting period:

Amendment  68

 

Proposal for a regulation

Article 9 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) The volume of aviation fuel supplied at each Union airport;	(a) The amount of aviation fuel supplied at each Union airport, expressed in tonnes of kerosene equivalent;

Amendment  69

 

Proposal for a regulation

Article 9 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) The volume of sustainable aviation fuel supplied at each Union airport, and for each type of sustainable aviation fuel, as detailed in point c);	(b) The amount of sustainable aviation fuel supplied at each Union airport, expressed in tonnes of kerosene equivalent, and for each type of sustainable aviation fuel, as detailed in point c);

Amendment  70

 

Proposal for a regulation

Article 9 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) The lifecycle emissions, origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.	(c) The lifecycle emissions, characteristics and origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.

Amendment  71

 

Proposal for a regulation

Article 9 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(c a) where applicable, the amount of hydrogen and/or electricity, supplied at each Union airport, expressed in tonnes of kerosene equivalent.

Amendment  72

 

Proposal for a regulation

Article 9 – paragraph 1 – point c b (new)

Text proposed by the Commission	Amendment
	(c b) The average aromatic, naphthalene and sulphur content of aviation fuel per each batch supplied at each Union airport.

Amendment  73

 

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission	Amendment
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports and fuel suppliers. Member States shall inform the Commission thereof.	(1) Member States shall designate the competent authority or, where applicable and in accordance with national law, authorities responsible for enforcing the application of this Regulation and for imposing the fines on aircraft operators, on Union airports, or where applicable, on the managing bodies of airports, and on fuel suppliers. Member States shall inform the Commission thereof.

Amendment  74

 

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
(2) The Agency shall send the data received pursuant to Articles 7 and 9 to the competent authorities of the Member States. The Agency shall also send to the competent authorities data aggregated for the aircraft operators and aviation fuels suppliers for which the authorities are competent pursuant to paragraphs 3, 4 and 5.	(2) The Agency shall send the data received pursuant to Articles 7 and 9 to the competent authorities of the Member States. The Agency shall also send to the competent authority or authorities data aggregated for the aircraft operators and aviation fuels suppliers for which the authorities are competent pursuant to paragraphs 3, 4 and 5.

Amendment  75

 

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
(3) The competent authorities in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/200916 .	(3) The competent authority or authorities in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/200916 .
__________________	__________________
16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC	16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC

Amendment  76

 

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission	Amendment
(4) The competent authorities in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.	(4) The competent authority or authorities in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.

Amendment  77

 

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission	Amendment
(5) The competent authorities in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.	(5) The competent authority or authorities in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.

Amendment  78

 

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
(1) Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.	(1) The Commission shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and Member States shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Commission shall deliver these provisions to Member States by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Amendment  79

 

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission	Amendment
(2) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Article 5 is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity;	(2) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Article 5 is liable to an administrative fine. That fine shall be twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity. An aircraft operator may be exempted from an administrative fine if it can prove that its failure to comply with the obligations laid down in Article 5 is caused by exceptional and unforeseeable circumstances, outside of its control, the effects of which could not have been avoided even if all reasonable measures had been taken;

Amendment  80

 

Proposal for a regulation

Article 11 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	(2 a) Member States shall ensure that any Union airport, or where applicable, the managing body of an airport, failing to comply with the obligations laid down in Article 6 is liable to an administrative fine.

Amendment  81

 

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission	Amendment
(3) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of sustainable aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying with the minimum share referred to in Article 4 and Annex I;	(3) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of sustainable aviation fuels or any fuel supplier that has been proven to have provided misleading or inaccurate information regarding the characteristics or origin of the fuel it supplied, is liable to an administrative fine. That fine shall be twice as high as the multiplication of the difference between the yearly average price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying with the minimum share referred to in Article 4 and Annex I;

Amendment  82

 

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the Commission	Amendment
(4) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of synthetic aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of synthetic aviation fuel and conventional aviation fuel per tonne and of the quantity of the aviation fuel not complying with the minimum share referred to in Article 4 and Annex I;	(4) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of synthetic aviation fuels is liable to an administrative fine. That fine shall be twice as high as the multiplication of the difference between the yearly average price of synthetic aviation fuel and conventional aviation fuel per tonne and of the quantity of the aviation fuel not complying with the minimum share referred to in Article 4 and Annex I;

Amendment  83

 

Proposal for a regulation

Article 11 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	(5 a) Member States shall have the necessary legal and administrative framework in place at national level to ensure that information entered by fuel suppliers in the Union Database referred to in Article 28 of Directive (EU) 2018/2001 is accurate, verified and audited.

Amendment  84

 

Proposal for a regulation

Article 11 – paragraph 6

Text proposed by the Commission	Amendment
(6) Member States shall ensure that any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relative to the minimum share of sustainable aviation fuels or of synthetic fuels in a given reporting period, shall supply the market in the subsequent reporting period with a quantity of that respective fuel equal to that shortfall, additional to their reporting period obligation. Fulfilling this obligation shall not exonerate the fuel supplier from the obligation to pay the penalties laid out in paragraphs 3 and 4 of this Article;	(6) Member States shall ensure that any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relative to the minimum share of sustainable aviation fuels or of synthetic fuels in a given reporting period, where the Commission assesses that this shortfall is not caused by insufficient resources being available, shall make every possible effort to supply the market in the subsequent reporting period with a quantity of that respective fuel equal to that shortfall, additional to their reporting period obligation. Fulfilling this obligation shall not exonerate the fuel supplier from the obligation to pay the penalties laid out in paragraphs 3 and 4 of this Article;

Amendment  85

 

Proposal for a regulation

Article 11 – paragraph 7

Text proposed by the Commission	Amendment
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guarantee.	(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the Sustainable Aviation Fund, established under Article 11a.

Amendment  86

 

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission	Amendment
	Article 11 a
	Sustainable Aviation Fund
	1.  A Sustainable Aviation Fund (‘the Fund’) shall be established for the period from 2023 to 2050 to accelerate the decarbonisation of the aviation sector without hampering its highly integrated internal market, and in particular to support investment in innovative technologies and infrastructure for the production, uptake, deployment and storage of sustainable aviation fuels, other innovative aircraft propulsion technologies, including hydrogen and electricity, research for new engines and direct air capture technology, a process by which CO2 is captured directly from the air and not from point sources, and efforts to reduce the non-CO2 effects of aviation. All investment supported by the Fund shall be made public and shall be consistent with the aims of this Regulation.
	2.  The Fund shall constitute an integral part of the EU budget and shall be budgeted within the MFF ceilings. The revenues generated by the penalties under this Regulation and 50 % of the revenues generated from the auctioning of aviation allowances under Directive 2003/87/EC [ETS] should be allocated to the Fund.
	3.  The Fund shall be managed centrally through a Union body whose governance structure and decision making process shall be transparent and inclusive, in particular in the setting of priority areas, criteria and grant allocation procedures. Relevant stakeholders shall have an appropriate consultative role. All information on the investments and all other relevant information on the functioning of the Fund shall be made available to the public.

Amendment  87

 

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) The amount of sustainable aviation fuel purchased by aircraft operators at Union level in aggregate, for use on flights departing from a Union airport, and by Union airport;	(a) The amount of sustainable aviation fuel purchased by aircraft operators at Union level in aggregate, for use on flights covered by this Regulation departing from a Union airport, and by Union airport;

Amendment  88

 

Proposal for a regulation

Article 12 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) The amount of sustainable aviation fuel and of synthetic aviation fuel supplied at Union level in aggregate and by Union airport;	(b) The amount of sustainable aviation fuel and of synthetic aviation fuel supplied at Union level in aggregate, by Member State, per type of fuel feedstock, and by Union airport;

Amendment  89

 

Proposal for a regulation

Article 12 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) Where available, the amount of sustainable aviation fuel supplied and purchased by aircraft operators in the neighbouring countries of the Union with which a European Air Services Agreement has been concluded;

Amendment  90

 

Proposal for a regulation

Article 12 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union;	(c) The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union and per Member State;

Amendment  91

 

Proposal for a regulation

Article 12 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) The status of compliance of airports regarding obligations set out in Article 6;	(d) The status of compliance of airports, or where applicable, the managing body of an airport, regarding obligations set out in Article 6;

Amendment  92

 

Proposal for a regulation

Article 12 – paragraph 1 – point e

Text proposed by the Commission	Amendment
(e) The compliance status of each aircraft operator and aviation fuel supplier having an obligation under this Regulation in the reporting period;	(e) The compliance status of each aircraft operator and aviation fuel supplier having an obligation under this Regulation in the reporting period, including those that have been notified as aircraft operator, pursuant to Article 3, paragraph 1, indent 2;

Amendment  93

 

Proposal for a regulation

Article 12 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports.	(f) The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on flights covered under this Regulation departing from Union airports.

Amendment  94

 

Proposal for a regulation

Article 12 – paragraph 1 – point f a (new)

Text proposed by the Commission	Amendment
	(f a) The average aromatic, naphthalene and sulphur content of aviation fuel supplied at Union level in aggregate and by Union airport.

Amendment  95

 

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission	Amendment
	Article 12a
	Union labelling system for the environmental performance of aviation
	1.  In order to further promote the decarbonisation of the aviation sector and increase the transparency of information to consumers regarding the environmental performance by aircraft operators, the Commission shall set up a comprehensive Union labelling system for the environmental performance of aviation, to be developed and implemented by EASA, which shall apply to aircraft operators and commercial air transport flights subject to this Regulation.
	2.  By 1 January 2024, the Commission shall adopt a delegated act in accordance with Article 13a (new) to supplement this Regulation by setting out the detailed provisions and technical standards for the functioning of the Union labelling system for the environmental performance of aircrafts, aircraft operators and commercial flights.

Amendment  96

 

Proposal for a regulation

Article 13 – title

Text proposed by the Commission	Amendment
Transitional period	SAF flexibility mechanism

Amendment  97

 

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
By way of derogation from Article 4, from 1 January 2025 until 31 December 2029, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.	By way of derogation from Article 4, and during the period of 10 years from the date of application for Article 4 and 5 in accordance with Article 15, for each reporting period, an aviation fuel supplier may justify its supply of sustainable aviation fuels defined in Annex I by reference to a SAF flexibility mechanism, defined in Article 3, indent 16a (new).

Amendment  98

 

Proposal for a regulation

Article 13 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	By 1 January 2025, the Commission shall adopt delegated acts in accordance with Article 13a to supplement this Regulation by laying down detailed arrangements for the SAF flexibility mechanism, guaranteeing a level playing field and a high level of environmental integrity, as well as minimising the risk of fraud, irregularities and double claiming. Such detailed arrangements, incorporating elements of a book & claim scheme, may enable the setting up of a system of tradability of sustainable aviation fuel, including detailed rules regarding the registration, allocation, accounting and reporting of the supply and uptake of sustainable aviation fuels.

Amendment  99

 

Proposal for a regulation

Article 13 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	During the period set out in paragraph 1, the Commission shall regularly monitor the integrity and transparency of the market for sustainable aviation fuels, drawing, where appropriate, on information contained in the Union Database and other data reported to the competent authorities. The Commission shall in particular examine the functioning of the market, including with regard to any market volatility, unusual price evolution or trading behaviour of market participants that might indicate possible monopolistic behaviour, making full use of its powers under Article 102 TFEU to prevent actors on the market from abusing a dominant market position.

Amendment  100

 

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission	Amendment
	Article 13a
	Exercise of the delegation
	1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
	2.  The power to adopt delegated acts referred to in Articles 12a and 13 shall be conferred on the Commission for an indeterminate period of time from [the entry into force of this Regulation].
	3.  The delegation of power referred to in Articles 12a and 13 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
	4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
	5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	6.  A delegated act adopted pursuant to Articles 12a and 13 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.

Amendment  101

 

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission	Amendment
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.	By 1 January 2026 and every three years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the application of this Regulation, the evolution of the aviation fuels market and the impact on the competitiveness and the functioning of the aviation internal market of the Union, including, where appropriate, available policy options to address other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, while taking due account of the principle of technological neutrality, the possible revision of the SAF definition and the minimum shares in Article 4 and Annex I, the scope of the Regulation and the level of administrative fines. The report shall include an assessment, based on available information, of the impact of this Regulation, as well as its comprehensive impact and interplay with the adapted legislative framework applicable to the sector as a whole, on the functioning of the internal market in aviation, the sector’s competitiveness, possible re-routing leading to carbon leakage, the international level playing field with regards to air carriers and airport hubs, the effect on air mobility and connectivity, cost effectiveness of GHG emissions reductions, investment needs and socioeconomic impacts as well as the related employment and training needs and, where available, information on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall include detailed information on the enforcement of this Regulation. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions or direct air capture (DAC) technologies. The report shall, where appropriate, be accompanied by legislative proposals to amend this Regulation where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level. The report shall also specifically evaluate the impact of this Regulation on the air-connectivity of less connected remote regions and islands, including its effects on the availability and affordability of air transport to and from these territories. The Commission shall regularly monitor, evaluate and analyse cases of fuel tankering. Every year, the Commission shall submit a report containing its findings to the European Parliament and the Council. At the latest by three years after the date of entry into force of this Regulation, the Commission shall, on the basis of these findings, evaluate the provisions concerning fuel tankering and, where appropriate, submit a legislative proposal to amend those.

Amendment  102

 

Proposal for a regulation

Annex I

Text proposed by the Commission	Amendment
Annex I ( volume shares)	Annex I (EU harmonised volume shares)
(a) From 1 January 2025, a minimum share of 2% of SAF;	(a) From 1 January 2025, a minimum share of 2% of SAF; of which a minimum share of 0,04 % of synthetic fuels;
(b) From 1 January 2030, a minimum share of 5% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;	(b) From 1 January 2030, a minimum share of 6% of SAF, of which a minimum share of 2% of synthetic aviation fuels;
(c) From 1 January 2035, a minimum share of 20% of SAF, of which a minimum share of 5% of synthetic aviation fuels;	(c) From 1 January 2035, a minimum share of 20% of SAF, of which a minimum share of 5% of synthetic aviation fuels;
(d) From 1 January 2040, a minimum share of 32% of SAF, of which a minimum share of 8% of synthetic aviation fuels;	(d) From 1 January 2040, a minimum share of 37% of SAF, of which a minimum share of 13% of synthetic aviation fuels;
(e) From 1 January 2045, a minimum volume share of 38% of SAF, of which a minimum share of 11% of synthetic aviation fuels;	(e) From 1 January 2045, a minimum volume share of 54% of SAF, of which a minimum share of 27% of synthetic aviation fuels;
(f) From 1 January 2050, a minimum volume share of 63% of SAF, of which a minimum share of 28% of synthetic aviation fuels;	(f) From 1 January 2050, a minimum volume share of 85% of SAF, of which a minimum share of 50% of synthetic aviation fuels;

Amendment  103

Proposal for a regulation

Annex II

Text proposed by the Commission
Annex II – Template for aircraft operator reporting
Union airport	ICAO code of Union airport	Yearly aviation fuel required (tonnes)	Actual aviation fuel uplifted (tonnes)	Yearly non-tanked quantity (tonnes)	Total yearly non-tanked quantity (tonnes)
Amendment
Annex II – Template for aircraft operator reporting
Union airport	ICAO code of Union airport	Yearly aviation fuel required (tonnes of kerosene equivalent)	Actual aviation fuel uplifted (tonnes of kerosene equivalent)	Yearly non-tanked quantity (tonnes of kerosene equivalent)	Total yearly non-tanked quantity (tonnes of kerosene equivalent)
Template 2
Fuel supplier	Amount purchased (tonnes of kerosene equivalent)	Conversion technology	Characteristics	Origin of feedstock		Lifecycle emissions

 

 

EXPLANATORY STATEMENT

This proposal is part of the "Fit for 55" package that implements the political aim of an overall reduction of transport greenhouse gas emissions by 90% in 2050. Aviation needs to play its part but it needs a tailored approach since it is particularly difficult to decarbonise. Aviation has a need for dense energy sources and due to the lack of sustainable commercially mature alternatives to power aircraft it still needs to rely on fossil fuels.

 

Therefore, it is clear that Sustainable Aviation Fuels (SAF) are a very important element in decarbonising air transport.

 

Build a sound EU SAF market

SAF production in the European Union is still negligible and the supply of sustainable aviation fuels is currently very limited. This is partly because SAF are considerably more expensive than kerosene, due to their high production costs. The demand for SAF is lagging behind because individual airlines cannot afford this price difference in the highly competitive international aviation market. Therefore, the Commission's proposal introduces a blending mandate for the aviation sector, in order to boost the market uptake of sustainable aviation fuels. It establishes an obligation on fuel suppliers to ensure that all aviation fuels made available to airlines in EU airports contains a minimum share of sustainable aviation fuels, including a minimum share of synthetic fuels, and it sets out a pathway to gradually increase this share from 2025 to 2050.

 

According to the Rapporteur, the creation of a sound EU SAF market will greatly depend on the credibility and sustainability of the final provisions that will be adopted under this Regulation.

 

He recalls that currently in the EU, there are no SAF refineries operating at a commercial scale and there is very limited total capacity. Feedstock availability is a limiting factor and does not represent a scalable solution. Moreover, competition between energy and transport sectors for access to feedstock will increase. This is why the Rapporteur believes that it is important to maintain the same European blending mandates across the EU. This is to avoid a fragmentation of the SAF market, as well as a competition for feedstock that could lead to a severe shortage of supply in certain regions of the Union, undermining the ability of aircraft operators from those regions to decarbonise. Moreover, the Rapporteur considers that it is of utmost importance to preserve the integrity of the SAF and aviation internal markets and in this respect the current blending mandate targets should be kept as they are because they reflect this limited availability of feedstock.

 

Flexibility mechanism

To respond to the concerns raised by the industry on the physical supply and uplift of the mandated SAF volume at EU airports under the proposal, the Rapporteur introduces a flexibility mechanism. This should act as a transitional period to provide for the necessary flexibility for fuel suppliers and airlines to meet their obligations of providing and uptaking sustainable aviation fuels in the most cost-effective manner, and to avoid imposing undue burdens on air transport operations at small airports. The flexibility mechanism is due to last 8 years from the date of application of these obligations. After that period SAF will be available in the lion’s share of union airports and be uplifted by the majority of aircraft operating from the Union.

 

Incentivise the uptake of SAF

It is essential to ensure a level playing field across the EU air transport market, when it comes to the use of aviation fuels. Currently SAF prices are prohibitive for aircraft operators, which could hamper the uptake of SAF. Therefore, the Rapporteur believes that the EU Emissions Trading Scheme (ETS) applying to aviation should be used to further boost the uptake of SAF, in particular, he believes that a part of the overall amount allowances, within the limit of the cap, should be allocated for free to aircraft operators for uplifting SAF. This provision is not meant to overcompensate nor undercompensate the uplift of SAF but rather to match the initial economic burden of aircraft operators for using SAF, before the production of SAF will reach the necessary mass to decrease their prices.

 

Aviation safety first

In order to avoid the so-called "fuel tankering", whereby aircraft operators uplift more aviation fuel than necessary at a given airport, with the aim to avoid refuelling partially or fully at a destination airport where aviation fuel is more expensive, this Regulation requires all aircraft operators, both EU and from third countries, to annually uplift at least 90% of the aviation fuel required at the Union airports they depart from. However, this provision should not jeopardise aviation safety. For this reason, the Rapporteur introduces a possibility for aircraft operators to be exempted from administrative fines if the operator proves that the non-compliance of the tankering obligations was caused by exceptional and unforeseeable circumstances, outside of its control, whose effects could not have been avoided even if all reasonable measures had been taken.

 

Get prepared for new technologies

Whilst the Rapporteur wishes to see new zero-emission aircraft technologies in the future, such as hybrid-electric and hydrogen powered aircrafts, he also acknowledges that this might not be commercially possible in the coming decade. Nevertheless, the Rapporteur believes that we should prepare for the uptake of these technologies when they become mature and commercially available. In this respect, the Rapporteur wants this Regulation to already cover electricity and hydrogen. He includes a provision that ensures that airports take all necessary measures to facilitate an appropriate infrastructure for hydrogen and electric recharging for aircraft, when these technologies become commercially available and in accordance with the respective deployment plan of the national policy framework, as set out in the proposed Regulation on the deployment of alternative fuels infrastructure.

 

Union labelling system for the environmental performance of aviation

Consumer demand can play an important role in the development towards more sustainable aviation. However, for consumers to be able to make an informed choice, more robust, reliable, independent and harmonised information is needed on the environmental impact of flights.  A labelling scheme, with clear and comprehensive information, could provide the needed transparency in the market in order to drive consumers’ choices and further incentivise the use of sustainable aviation fuels and other sustainability measures by aircraft operators. In this sense, the Rapporteur wishes to mandate the European Union Aviation Safety Agency (EASA) to develop and implement such a system based on the environmental labelling system for aviation including aircraft, aircraft operators and commercial flights as part of the Sustainable and Smart Mobility Strategy that EASA has been already working on.

 

 

 

Sustainable Aviation Fund

The successful transition to sustainable aviation requires an integrated approach and the appropriate resources to stimulate innovation and research, to invest in zero-emissions technologies and sustainable infrastructure. For this purpose, the Rapporteur introduces the proposal to allocate the revenues of the penalties collected under this Regulation to a new Sustainable Aviation Fund.

28.4.2022OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport

(COM(2021)0561 – C9‑0332/2021 – 2021/0205(COD))

Rapporteur for opinion: Nicolás González Casares

 

 

SHORT JUSTIFICATION

With the European Climate Law setting the objective of achieving climate neutrality by 2050, the European Union has demonstrated its strong commitment to decarbonise its economy and align its policies with the engagements entered into under the Paris Agreement.

In this context, the transport sector is one of the most difficult to decarbonise. Within that sector, aviation faces particular difficulties owing to its exclusive dependence on fossil energy and the limited technological options available to reduce emissions since almost all aircraft fuel used in the EU is fossil kerosene. Without additional measures, greenhouse gas emissions from this sector will continue to increase.

Air connectivity is key to the mobility of Union citizens and to the European economy. Nevertheless, all modes of transport must assume the environmental costs they incur. At the same time, the measures to be implemented should maintain the socio-economic benefits for citizens and businesses.

In the short to medium term, the solution is to promote the progressive replacement of fossil aviation fuels with sustainable aviation fuels (SAF). The Commission’s proposal to promote the use of SAF will play a key role in decarbonising the sector. Ambitious regulation on increasing sustainable and zero-emission aviation fuels will allow the aviation sector to contribute to the attainment of the Union’s climate goals and reduce our dependence on fossil fuels.

The rapporteur welcomes the concept of the Commission proposal and considers it a good starting point. However, the rapporteur aims to further strengthen its climate ambition, including with regard to non-CO2 impacts, to promote more sustainable FAS, improve consumer information and transparency and foster innovation in zero-emission air transport.

More ambitious ReFuelEU Aviation

Considering the EU’s climate commitments, the rapporteur believes that this regulation should be as ambitious as sustainable raw materials available allow. By 2050 all fossil aviation fuel should be replaced by FAS or other energy carriers based on sustainable renewable energy. To reach the 100 % target, it will be necessary to increase the short-term mandate. In the medium to long term, the mandate should be extended to non-drop-in fuels and energy carriers, e.g. hydrogen or electricity produced from renewable energy sources.

Only truly sustainable aviation fuel

The rapporteur shares the Commission’s concerns about the sustainability criteria for eligible SAF. It is known that some raw materials are not available in sufficient quantities and can have a negative impact on sustainability and biodiversity if the eligibility criteria are not adjusted appropriately. It must also be ensured that the necessary raw materials exist and that supply problems are avoided in uses with more significant emission reductions.

Drop-in synthetic fuels, and later hydrogen and electricity produced from renewable energy sources, will have to play a central role. Their use represents a logical application for ‘renewable fuels of non-biological origin’ as defined in Directive (EU) 2018/2001. They are particularly important for sectors where electrification is difficult. The production of such fuels using additional renewable electricity in the EU has a high potential for reducing emissions.

Non-CO2 climate impacts

Non-CO2 climate impacts of aviation are estimated to be at least as important as CO2 impacts. The rapporteur believes that these impacts should also be addressed in this Regulation through an evaluation and, where appropriate, a future legislative proposal.

Passenger information and transparency

Greater transparency as regards the environmental footprint of air transport services would allow citizens to make informed choices about their transport needs. The rapporteur believes that this regulation should promote the creation of a label to provide such information.

More sustainable short-haul flights

Short-haul flights have a greater potential to incorporate sustainable fuels and innovative technologies. Furthermore, taking into account the measures being considered by a number of Member States to tackle emissions from such flights, the rapporteur believes that this regulation represents an opportunity to encourage harmonised measures at a European level.

International cooperation

This Regulation can set an example at a global level on tangible ways to tackle emissions in the aviation sector through ambitious and coherent regulation that can also help ICAO strengthen its emission reduction measures.

LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

AeroSpace and Defence Industries Association of Europe

Airlines for Europe (A4E)

Carbon Engineering

CO2 Value Europe

DHL Group

ECODES

ePURE

European Commission (DG MOVE)

European Waste-based & Advanced Biofuels Association (EWABA)

Hydrogen Europe

International Air Transport Association (IATA)

International Council on Clean Transportation (ICCT)

LanzaJet

Lufthansa Group

NESTE

Rolls-Royce

SAFRAN

Shell

Transport & Environment

 

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

Amendment  1

 

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.	(1) Over the past decades, air transport has played an important role in the Union's economy and in the everyday lives of Union citizens, as one of the most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike. The transport sector has contributed to foster cohesion, reduce regional disparities, and improve connectivity and access to the Union internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy. However, it has also been one of the fastest-growing sources of Union greenhouse gas emissions.

Amendment  2

 

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1a) One of the most critical challenges which the transport sector faces, including air transport, is the need to significantly reduce its emissions and become more sustainable. In 2018, the air transport sector accounted for more than 13 % of all Union greenhouse gas emissions from transport and around 3,6 % of total EU greenhouse gas emissions.

Amendment  3

 

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission	Amendment
	(1b) To fulfil its commitments under the United Nations Framework Convention on Climate Change1a (the ‘Paris Agreement’), in June 2021 the Union adopted Regulation (EU)2021/1119 of the European Parliament and of the Council1b (‘European Climate Law’) which sets the climate neutrality target by 2050 at the latest and a target to reduce net greenhouse gas emissions by at least 55 % compared to 1990 by 2030. Accordingly, various policy instruments are needed to contribute to the reduction of greenhouse gas emissions in all economic sectors, including the aviation sector. Currently aviation in the Union relies exclusively -more than 99%- on fossil jet fuel to operate, and growing passenger numbers have rapidly increased net emissions from the sector. The total air passenger traffic in Europe has more than doubled since 1990. Without further Union level intervention, aviation is projected to remain almost entirely reliant on fossil jet fuel by 2050 and the Union CO2 emissions from the aviation sector are projected to increase by 17% by 2030 and slightly more than 20% by 2050, relative to 2015, far away from the Union’s targets of reducing its greenhouse gas emissions by at least 55% by 2030 and reaching net-zero greenhouse gas emissions by 2050 at the latest. To reverse this trend and support the decarbonisation of the aviation sector, action is needed to ramp up the uptake and supply of sustainable aviation fuels.

Amendment  4

 

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security.	(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and adopt the necessary measures ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, in particular achieving climate-neutrality by 2050 at the latest, with high levels of connectivity, safety and security.

Amendment  5

 

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission	Amendment
	(2b) Besides its climate warming effects, aviation, including aircraft engines and ground operations, has negative impacts on air quality. Several studies have demonstrated short-term and long-term effects of exposure to ultrafine particles, including mortality, cardiovascular, ischemic heart disease and pulmonary morbidity.

Amendment  6

 

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The functioning of the Union air transport sector is determined by its cross-border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries.	(3) The functioning of the Union air transport sector is determined by its cross-border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. Therefore, it is important that in addition to domestic measures, the Union pushes forward changes in the global fiscal and regulatory frameworks on aviation, in a manner consistent with the Paris Agreement and the polluter pays principle.

Amendment  7

 

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) To meet its commitments of net zero carbon emissions by 2050, the aviation sector requires a comprehensive approach and emission reductions starting from large-scale deployment of sustainable fuels and zero-emissions aircraft in the future, but also a reduction of its environmental footprint on the ground as runway equipment accounts for 4% of an airport's CO2 emissions. Therefore, aircraft operators operating aircrafts which are not propelled by hydrogen or electricity, should be required to use electricity provided by the airport for their stationary aircrafts as soon as the necessary infrastructure is available following the requirements of Regulation on the deployment of alternative fuels infrastructure [AFIR Regulation]. It is also important that aircraft operators endeavour to use, where available, electricity supplied by electric ground-based airport vehicles and/or an auxiliary power unit for taxi and pushback and towing operations.

Amendment  8

 

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) The air transport market is subject to strong competition between economic actors across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.	(4) The air transport market is subject to strong competition between economic actors worldwide and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal rules and opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.

Amendment  9

 

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.	(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market, as well as on the affordability of air transport for citizens, reducing their mobility opportunities. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such adverse practices in order to avoid carbon leakage and other unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.

Amendment  10

 

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.	(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing both carbon and non-CO2 emissions from aircraft flying from Union airports and eventually globally, ensuring that the costs of emissions from the sector are fully internalised. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.

Amendment  11

 

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6a) The overarching principle of energy efficiency first should be taken into account across all sectors, going beyond the energy system, including road transport, shipping and aviation. Improved efficiency of air transport operations could significantly reduce aviation’s emissions in the short term. The implementation of the Single European Sky could lead to a 10% reduction of CO2 emissions. Operational and infrastructure efficiency improvements, as well as other measures that promote modal shift, could further reduce the emissions from the sector and should be encouraged.

Amendment  12

 

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped.	(7) To achieve climate neutrality, the European Green Deal sets out the need to reduce transport emissions by 90% by 2050, compared to 1990 levels. In this regard, the Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, and new zero-emission aircraft technologies, such as electric- or hydrogen-powered aircraft can play an important role in commercial aviation in the medium and long term, sustainable aviation fuels offer the main solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped and needs to be boosted.
__________________	__________________
10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.	10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.

Amendment  13

 

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission	Amendment
	(7a)  It is important that all modes of transport compete on equitable terms, with negative externalities duly taken into account. At the same time, it is necessary to ensure that the most sustainable transport mode is used for both passengers and freight where possible. In order to help the Union meet its overall emission reduction targets, there is a particular need for modal shift. Where sustainable alternatives exist, short-haul flights could be subject to additional measures that would incentivise the use of more sustainable transport modes. However, it is important that measures addressing short-haul flights take into account the available alternatives, with particular consideration given for certain peripheral regions of the Union, where sustainable alternatives might not exist. The Commission should evaluate the environmental and climate impacts and the technical and economic viability of establishing specific requirements for short-haul flights to reduce such impacts, such as the setting of higher minimum shares of sustainable aviation fuels taking into account the alternative modes of collective transport available to cover such services in an affordable manner within a competitive period of time. The Commission should accompany, where appropriate, this evaluation with a legislative proposal amending this Regulation.

Amendment  14

 

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.	(8) This Regulation aims at establishing a common definition of sustainable aviation fuels as fuels from renewable sources. Currently, the most common sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable drop-in aviation fuels have been certified at global level for use in civil or military aviation. They are technologically ready to play an important role in reducing emissions from air transport already in the very short term. Other alternatives to power aircraft, such as electricity or liquid hydrogen from renewable sources are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. This Regulation should also take into account these energy carriers, promoting their acceleration. Therefore, the definition of sustainable aviation fuels should be extended to renewable liquid and gaseous fuels of non-biological origin, including hydrogen, and to electricity from renewable sources. This will enable energy sources for new propulsion pathways such as renewable hydrogen and electricity to count towards the sustainable aviation fuels (SAF) mandate, thus creating incentives for technological and industrial innovation in the Union. In the long term, SAF should replace the conventional fossil aviation fuels.

Amendment  15

 

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission	Amendment
	(9a) Although the blending mandate applies to all routings from Union airports including routings via airports outside of the Union, in practice the mandate will only be mandatory for traffic on the first leg to a non-Union airport, but not to the following leg to the final destination. Therefore, the Commission should monitor and assess the need for measures to avoid potential carbon leakage and competitive disadvantages for flights departing from a Union airport with final destination in third countries where no blending obligations equivalent to those laid down in this Regulation exist.

Amendment  16

 

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.	(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) such as the sustainability criteria for CORSIA eligible fuels adopted by the ICAO Council in November 2021. While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. It is therefore important that the Union sustains its efforts at ICAO and strives for an ambitious global system that promotes the use of sustainable aviation fuels and provides for an international level playing field. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.

Amendment  17

 

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission	Amendment
	(10a) The Union should encourage third countries, especially neighbouring countries, to adopt similar mandates for sustainable aviation fuels in the framework of bilateral air agreements, in order to provide for a level playing field for international long-haul flights. To this end, sustainable aviation fuels should be subject to energy and transport related dialogues.

Amendment  18

 

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market. In particular, the present Regulation aims to avoid a fragmentation of the aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators.	(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market and promoting sustainable renewable fuels in aviation. In particular, the present Regulation aims to avoid a fragmentation of the Union aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators and to incentivise innovation and production in the Union.

Amendment  19

 

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) This regulation aims in the first instance to set out a framework restoring and preserving a level playing field on the air transport market as regards the use of aviation fuels. Such a framework should prevent divergent requirements across the Union that would exacerbate refuelling practices distorting competition between aircraft operators or putting some airports at competitive disadvantage with others. In a second instance, it aims to gear the EU aviation market with robust rules to ensure that gradually increasing shares of sustainable aviation fuels can be introduced at EU airports without detrimental effects on the competitiveness of the EU aviation internal market.	(13) This Regulation aims at reducing greenhouse gas emissions in the aviation sector through robust rules that ensure the use of increasing shares of sustainable aviation fuels while ensuring competitiveness of the EU aviation internal market. It sets out a framework restoring and preserving a level playing field on the air transport market as regards the use of aviation fuels. Such a framework should prevent divergent requirements across the Union that would exacerbate refuelling practices distorting competition between aircraft operators or putting some airports at competitive disadvantage with others.

Amendment  20

 

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.	(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights, including business aviation flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this Regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. Therefore, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory. At the same time, it should progressively cover all the Union's airports, with airports where yearly passenger traffic and freight traffic exceeds 700 000 passengers or 20 000 tons, respectively, being covered as from 2025 and airports below those thresholds as from 2035, and with the exception of those situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union. However, air transport operations at airports not covered by this Regulation could be encouraged to comply with the obligations of this Regulation on a voluntary basis.

Amendment  21

 

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission	Amendment
	(15a) It is important that less-connected Union regions with few alternative transport modes are not disproportionately affected by the obligations resulting from this Regulation and that the access of these regions to essential goods and services is ensured.

Amendment  22

 

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term.	(16) Development and deployment of sustainable aviation fuels with commercial maturity and a high potential for innovation and growth to meet future needs should be promoted, prioritising those with the highest potential for sustainability. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are important, as currently the most commercially mature technology to decarbonise air transport already in the short term, but their potential is limited due to constraints on the availability of feedstock, and their supply chain and collection are not always well tracked. Directive (EU) 2018/2001 limits these feedstocks. Biofuels produced from the feedstocks listed in Annex IX part B to Directive (EU) 2018/2001 that are counted towards the present sustainable aviation fuels obligation are subject to the cap established under that Directive for counting such biofuels towards the renewable energy target in transport. This Regulation should reflect the cap set out in Directive (EU) 2018/2001.

Amendment  23

 

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission	Amendment
	(17a) As indicated in the Commission report of 23 December 2020 entitled “Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)”, non-CO2 climate impacts from aviation activities have been estimated to be at least as important as CO2 impacts and should therefore be urgently mitigated. Reducing aromatic and sulphur content in conventional fossil fuel would not only provide climate benefits by reducing contrail induced warming at altitude, but it would also improve air quality in and around airports by reducing sulphur oxides, sulphur induced particulate matter, and soot. Reducing aromatics and sulphur would also improve the quality of the fuel through higher energy density, and reduce maintenance needs due to lower soot levels. Therefore, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. This Regulation should contribute to mitigating non-CO2 impacts of aviation. Therefore, in order to have more information on these impacts and potential policy measures, aviation fuel suppliers should be required to monitor and communicate both aromatic and sulphur content in all batches of conventional aviation fuels placed on the Union market and report these levels to both the Agency and the Commission. Moreover, the Commission should publish by 2025 a report exploring pathways to optimise the aromatic and sulphur content of jet fuel. This report should be based on best available science and technological and operational options, and ensuring high levels of safety and security. Where appropriate, on the basis of this report the Commission should present a legislative proposal setting a pathway to significantly reduce the aromatic and sulphur content in aviation fuel.

Amendment  24

 

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) A single, clear and robust sustainability framework is necessary to provide certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 .	(18) A single, clear and robust sustainability framework is necessary to provide legal certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation, avoiding negative impacts on land use and biodiversity. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article29 of Directive 2018/200112.
__________________	__________________
12 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=fr	12 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=fr

Amendment  25

 

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.	(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable, innovative fuels with significant capacity for reducing greenhouse gas emissions and with growth potential to meet future needs, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Furthermore, synthetic aviation fuels with CO2 derived from direct air capture (DAC) can play an important role in decarbonisation due to their ability to sustainably source carbon and should be further incentivised, so that preference is given to carbon sourced from direct air capture in those synthetic aviation fuels that require carbon.

Amendment  26

 

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.	(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to all the airports in the aviation market without supply shortages and without affecting other more sustainable uses of these feedstocks. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time. However, on the basis of the evolution of the aviation fuels market and the climate and environmental commitments of the Union, as well as on the availability of feedstock and production volumes, the interim targets should be revised in the future where appropriate.

Amendment  27

 

Proposal for a regulation

Recital 21

Text proposed by the Commission	Amendment
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.	(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. Nevertheless, a derogation to the restriction of fuel tankering should be foreseen in the event of extraordinary circumstances, such as airspace or airport closure, at destination airports that would prevent refuelling. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection and avoiding carbon leakage. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering. In order to ensure a level playing field, the Commission should regularly monitor, evaluate and report cases of fuel tankering to the European Parliament and the Council and make legislative proposal to amend this Regulation where appropriate.

Amendment  28

 

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.	(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. Airports should also take all necessary measures for the deployment of alternative fuels infrastructure for hydrogen and electric recharging for aircrafts in accordance with the respective deployment plan of the national policy framework, as set out in the Regulation on the deployment of alternative fuels infrastructure [AFIR Regulation]. If necessary, the European Union Aviation Safety Agency (‘the Agency’) should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.

Amendment  29

 

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) Many Union airports are supplied with aviation fuel principally via pipelines from refineries or blending stations where SAF blending to meet safety and sustainability specifications needs to take place. Delivering SAF to Union airports in sufficient quantities to meet the provisions set out in Annex I by alternate means such as by road/ truck from refineries and blending stations would be counterproductive in terms of logistics, practicality, costs and CO2 penalties. It would be essential to use these pipelines in addition to pipelines owned by fuel suppliers - where they exist - as well as rail facilities already in place, in order to deliver the minimum SAF required under this Regulation.

Amendment  30

 

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission	Amendment
	(26a) This Regulation should promote greater transparency on the environmental footprint of aviation. Information should be provided to users of aviation services on life-cycle emissions of flights including on the use of sustainable alternative fuels, so that they can make informed decisions on their transport needs and the related environmental impacts. To this end, a comprehensive Union labelling system for the environmental performance of aviation should be established that can provide users of aviation services clear and easily understandable information about the environmental performance of a flight, as well as information on typical greenhouse gas emissions of alternative modes of transport, while promoting an integrated single market and a level playing field. The creation of such a labelling system could draw on existing and ongoing work at Union or other levels.

Amendment  31

 

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission	Amendment
	(28a) The revenues generated from the payment of penalties should be used to support common projects, in particular cross-border projects, aimed at the rapid production and deployment of sustainable aviation fuels, considering a wide geographical coverage, to promote the reduction of greenhouse gases emissions in the aviation sector, including the development, testing and deployment of innovative aircraft technologies that have the potential to achieve significant emissions reductions. These revenues should also support redeployment, re-skilling and up-skilling of workers. For this purpose these revenues should be allocated to the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC of the European Parliament and of the Council1a.

Amendment  32

 

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.	(31) A transitional period should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports, fuel ground-handling services and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.

Amendment  33

 

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) In order to achieve the Union's climate targets for 2030 and 2050 and the target of 1,5 °C of the Paris Agreement, the Commission should develop a roadmap on how and when fossil free aviation is achieved.

Amendment  34

 

Proposal for a regulation

Recital 31 b (new)

Text proposed by the Commission	Amendment
	(31b) The transition to sustainable aviation fuels will also have the secondary effect of reducing dependence on fossil fuel imports from third countries, thus increasing the Union’s energy security. The need for this move is only accentuated by the current international political situation.

Amendment  35

 

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels.	This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels, including through establishing obligations for aviation fuel suppliers to provide a share of sustainable aviation fuel, a refuelling obligation for aircraft operators, and obligations for Union airports and fuel ground-handling services to provide the necessary infrastructure.

Amendment  36 

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the Commission	Amendment
This Regulation shall apply to aircraft operators, Union airports, and to aviation fuel suppliers.	This Regulation shall apply to aircraft operators, Union airports, fuel ground-handling services and to aviation fuel suppliers.

Amendment  37

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 1

Text proposed by the Commission	Amendment
— ‘Union airport’ means an airport as defined in Article 2(2) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union;	— ‘Union airport’ means an airport as defined in Article 2(1) of Directive 2009/12/EC of the European Parliament and of the Council13, which is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union;
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13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges	13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges

Amendment  38

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 2

Text proposed by the Commission	Amendment
— ‘aircraft operator’ means a person that operated at least 729 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;	— ‘aircraft operator’ means a person that operated at least 52 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;

Amendment  39

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 3 a (new)

Text proposed by the Commission	Amendment
	— ‘private pleasure flight’ means the use of an aircraft for personal or recreational purposes not associated with a business or professional use;

Amendment  40

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 3 b (new)

Text proposed by the Commission	Amendment
	- ‘fuel ground-handling services’ means a supplier of ground-handling services as defined in point 7 of the Annex to Directive 96/67/EC in charge of the infrastructure necessary for the delivery, storage and uplifting of sustainable aviation fuels;

Amendment  41

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 5

Text proposed by the Commission	Amendment
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;	— ‘sustainable aviation fuels’ (‘SAF’) means aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;

Amendment  42

Proposal for a regulation

Article 3 – paragraph 1 – indent 7 a (new)

Text proposed by the Commission	Amendment
	- ‘direct air capture’ means the process by which CO2 is captured directly from the ambient air and not from point sources;

Amendment  43

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 7 b (new)

Text proposed by the Commission	Amendment
	- ‘electricity from renewable energy sources’ or ‘renewable electricity’ means electricity produced from renewable energy sources as defined in Article 2, second paragraph, point 1 of Directive (EU) 2018/2001;

Amendment  44

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 8

Text proposed by the Commission	Amendment
— ‘synthetic aviation fuels’ means fuels that are renewable fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, used in aviation;	— ‘synthetic aviation fuels’ means liquid or gaseous fuels that are renewable fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, or electricity from renewable sources as defined in Article 2, second paragraph, point 1 of Directive (EU) 2018/2001 used in aviation;

Amendment  45

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 13

Text proposed by the Commission	Amendment
— ‘yearly aviation fuel required’ means the amount of aviation fuel necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period;	— ‘yearly aviation fuel required’ means the amount of aviation fuel, including trip fuel and taxi fuel, necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period;

Amendment  46

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 14

Text proposed by the Commission	Amendment
— ‘yearly non-tanked quantity’ means the difference between the yearly aviation fuel required and the actual fuel uplifted by an aircraft operator prior to flights departing from a given Union airport, over the course of a reporting period;	— ‘yearly non-tanked quantity’ means the difference between the yearly aviation fuel required, including trip fuel and taxi fuel, and the actual fuel uplifted by an aircraft operator prior to flights departing from a given Union airport, over the course of a reporting period;

Amendment  47

 

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.	Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I, and in accordance with the following calendar:
	i)  Union airports where passenger traffic was higher than 700 000 passengers or where the freight traffic was higher than 20 000 tons at the entry into force of this Regulation, as from 1 January 2025;
	ii)  Union airports where passenger traffic was lower than 700 000 passengers or where the freight traffic was lower than 20 000 tons at the entry into force of this Regulation, as from 1 January 2035.
	To meet the minimum shares referred to in the first subparagraph, the biofuels produced from the feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 shall not count more than 1,7% of the total aviation fuel supplied.

Amendment  48

 

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall at least complement that shortfall in the subsequent reporting period.	Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall report the reasons for failing to supply the minimum shares to the European Union Aviation Safety Agency and it shall at least complement that shortfall in the subsequent reporting period.

Amendment  49

 

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission	Amendment
	Article 4a
	Measures to reduce non-CO2 effects of aviation
	By 1 January 2025, the Commission shall present a report to the European Parliament and to the Council assessing pathways to optimise the aromatic and sulphur content in aviation fuel supplied in the Union in order to mitigate emissions based on best available science and technological and operational options, and taking into account the information collected under Article 9. The Commission shall accompany, where appropriate, this report with a legislative proposal setting a pathway to significantly reduce the aromatic and sulphur content in aviation fuel.

Amendment  50

 

Proposal for a regulation

Article 4 b (new)

Text proposed by the Commission	Amendment
	Article 4b
	Measures on short-haul flights
	By 1 July 2023, the Commission shall present a report to the European Parliament and to the Council evaluating the environmental and climate impacts, including lifecycle assessment, and the technical and economic viability of establishing specific requirements for short-haul flights to reduce such impacts, including the setting of higher minimum shares of sustainable aviation fuels referred to in Article 4 for these types of flights, taking into account the alternative modes of collective transport available to cover such services in an affordable manner within a competitive period of time.
	The Commission shall include in this report a list of all short-haul flights that departed from a Union airport in the previous year and for which a sustainable alternative mode of transport exists in an affordable manner within a competitive period of time. This list shall also be made available on a publicly accessible website and shall be updated regularly.
	The Commission shall accompany, where appropriate, this report with a legislative proposal amending this Regulation in relation to setting specific requirements for short-haul flights.

Amendment  51

 

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90% of the yearly aviation fuel required.	The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90% of the yearly aviation fuel required, taking into account the necessary compliance with fuel safety rules.

Amendment  52

 

Proposal for a regulation

Article 5 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	An aircraft operator may derogate from the obligation set out in Article 4(1) in the event of extraordinary circumstances, such as airspace or airport closure, at destination airports that would prevent refuelling. The aircraft operator shall provide documentary evidence of such extraordinary circumstances to the competent authorities. The Commission shall be empowered, by means of a delegated act in accordance with Article 13b, to supplement this Regulation by laying down detailed provisions on the events that can be considered extraordinary and the format of the information that an aircraft operator shall comply with when providing the required evidence.

Amendment  53

 

Proposal for a regulation

Article 5 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	By 2026, and on an annual basis thereafter, the Commission shall monitor, evaluate and report cases of fuel tankering to the European Parliament and the Council. On the basis of these evaluations, the Commission may present a legislative proposal to amend this Regulation, where appropriate.

Amendment  54

 

Proposal for a regulation

Article 5 a (new)

Text proposed by the Commission	Amendment
	Article 5a
	Power supply obligations for aircraft operators
	Aircraft operators operating aircrafts which are not propelled by hydrogen or electricity, shall ensure that their stationary aircrafts are supplied by electricity provided at the airports, as soon as the necessary infrastructure is available, following the requirements set in Article 12 of Regulation on the deployment of alternative fuels infrastructure [AFIR Regulation].

Amendment  55

 

Proposal for a regulation

Article 6 – title

Text proposed by the Commission	Amendment
Obligations of Union airports to provide the infrastructure	Obligations to provide the infrastructure at Union airports

Amendment  56

 

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.	Union airports and fuel ground-handling services shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels, as well as for electric powering and recharging and hydrogen refuelling of aircrafts, in accordance with Article 13 of Regulation on the deployment of alternative fuels infrastructure [AFIR Regulation].

Amendment  57

 

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airport to provide the information necessary to prove compliance with paragraph 1. The Union airport concerned shall provide the information without undue delay.	Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency shall without undue delay request the Union airport and the fuel ground-handling services concerned to provide the information necessary to prove compliance with paragraph 1. The Union airport and the fuel ground-handling services concerned shall provide the information without undue delay.

Amendment  58

 

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).	The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport and the fuel ground-handling services concerned do not fulfil their obligations. Union airports and fuel ground-handling services shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 2 years after the entry into force of the Regulation. This period may be extended by a maximum of 5 years for Union airports where passenger traffic was lower than 700 000 passengers or where the freight traffic was lower than 20 000 tons at the entry into force of this Regulation and the fuel ground-handling services concerned.

Amendment  59

 

Proposal for a regulation

Article 7 – paragraph 1 – point e a (new)

Text proposed by the Commission	Amendment
	(ea) Proof of compliance with the power supply obligations set out in Article 5 a.

Amendment  60

 

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission	Amendment
For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information free of charge.	For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information free of charge without delay.

Amendment  61

 

Proposal for a regulation

Article 9 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) The lifecycle emissions, origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.	(c) The lifecycle emissions, characteristics, origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.

Amendment  62

 

Proposal for a regulation

Article 9 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) Whether a support scheme as defined in Article 2, point 5, of Directive (EU)2018/2001 has been provided for the production of a specific fuel consignment and, if applicable, the type of the support scheme.

Amendment  63

 

Proposal for a regulation

Article 9 – paragraph 1 – point c b (new)

Text proposed by the Commission	Amendment
	(cb) The energy content of hydrogen and/or electricity supplied to each Union airport.

Amendment  64

 

Proposal for a regulation

Article 9 – paragraph 1 – point c c (new)

Text proposed by the Commission	Amendment
	(cc) The average aromatic content of conventional aviation fuel per each batch supplied at each Union airport;

Amendment  65

 

Proposal for a regulation

Article 9 – paragraph 1 – point c d (new)

Text proposed by the Commission	Amendment
	(cd) The average sulphur content of conventional aviation fuel per each batch supplied at each Union airport.

Amendment  66

 

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission	Amendment
	Article 9a
	Union labelling system for the environmental performance of aviation
	In order to incentivise emission reductions and increase the transparency of information, the Commission shall set up a comprehensive Union labelling system for the environmental performance of aviation which shall apply to aircraft operators and commercial air transport flights falling under the scope of this Regulation. The label and relevant information on the environmental performance of the flight, as well as information on typical greenhouse gas emissions of alternative modes of transport for the same journey and the average duration of the journey by mode, shall be made available in a clear and visible manner to the consumer prior to the purchase of a ticket.
	By 1 January 2024, the Commission shall adopt a delegated act in accordance with Article 13b to supplement this Regulation by setting out the detailed provisions for the functioning of the Union labelling system for the environmental performance of flights as well as the technical standards which constitute its basis.

Amendment  67

 

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission	Amendment
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports and fuel suppliers. Member States shall inform the Commission thereof.	(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports, fuel ground-handling services and fuel suppliers. Member States shall inform the Commission thereof.

Amendment  68

 

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
(2) The Agency shall send the data received pursuant to Articles 7 and 9 to the competent authorities of the Member States. The Agency shall also send to the competent authorities data aggregated for the aircraft operators and aviation fuels suppliers for which the authorities are competent pursuant to paragraphs 3, 4 and 5.	(2) The Agency shall send the data received pursuant to Articles 7 and 9 to the competent authority or authorities of the Member States. The Agency shall also send to the competent authority or authorities data aggregated for the aircraft operators and aviation fuels suppliers for which the authority or authorities are competent pursuant to paragraphs 3, 4 and 5.

Amendment  69

 

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
(3) The competent authorities in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/200916 .	(3) The competent authority or authorities in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/2009.
__________________	__________________
16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC	16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC

Amendment  70

 

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission	Amendment
(4) The competent authorities in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.	(4) The competent authority or authorities in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.

Amendment  71

 

Proposal for a regulation

Article 10 – paragraph 5

Text proposed by the Commission	Amendment
(5) The competent authorities in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.	(5) The competent authority or authorities in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.

Amendment  72

 

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission	Amendment
(2) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Article 5 is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity;	(2) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Articles 5 and 5a is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity;

Amendment  73

 

Proposal for a regulation

Article 11 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	(2a) Member States shall ensure that any Union airport or any fuel ground-handling service failing to comply with the obligations laid down in Article 6 is liable to an administrative fine. The Commission is empowered to adopt delegated acts in accordance with Article 13b to determine guidance for the calculation of the amount of the fine.

Amendment  74

 

Proposal for a regulation

Article 11 – paragraph 5

Text proposed by the Commission	Amendment
(5) In the decision imposing the administrative fines referred to in paragraphs 3 and 4, the competent authority shall explain the methodology applied for the determination of the price of aviation fuel, sustainable aviation fuel and synthetic aviation fuel on the Union market, based on verifiable and objective criteria;	(5) In the decision imposing the administrative fines referred to in paragraphs 2, 3 and 4, the competent authority shall explain the methodology applied for the determination of the price of aviation fuel, sustainable aviation fuel and synthetic aviation fuel on the Union market, based on verifiable and objective criteria;

Amendment  75

 

Proposal for a regulation

Article 11 – paragraph 7

Text proposed by the Commission	Amendment
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guarantee.	(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines.

Amendment  76

 

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission	Amendment
	Article 11a
	Allocation of penalties to support sustainable aviation fuels
	The amount collected through the administrative fines referred to in Article 11 shall be allocated to support common projects, and in particular cross-border projects, aimed at the rapid production and deployment of sustainable aviation fuels, while considering a wide geographical coverage, to promote the reduction of greenhouse gas emissions in the aviation sector, including the development, testing and deployment of innovative aircraft technologies that have the potential to achieve significant emission reductions, and to support redeployment, re-skilling and up-skilling of workers, in quality social dialogue with social partners.
	The revenues generated from penalties referred to in the first subparagraph shall be allocated to the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.

Amendment  77

 

Proposal for a regulation

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
The Agency shall publish every year a technical report on the basis of the yearly reports referred to in Articles 7 and 9. That report shall contain at least the following information:	The Agency shall prepare and make publicly available every year a technical report and a summary on the basis of the yearly reports referred to in Articles 7 and 9. That report shall contain at least the following information:

Amendment  78

 

Proposal for a regulation

Article 12 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) The amount of sustainable aviation fuel and of synthetic aviation fuel supplied at Union level in aggregate and by Union airport;	(b) The amount of sustainable aviation fuel per type of fuel feedstock and of synthetic aviation fuel supplied at Union level in aggregate, by Member State and by Union airport;

Amendment  79

 

Proposal for a regulation

Article 12 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union;	(c) The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union, and in each Member State;

Amendment  80

 

Proposal for a regulation

Article 12 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) The status of compliance of airports regarding obligations set out in Article 6;	(d) The status of compliance of each airport regarding obligations set out in Article 6;

Amendment  81

 

Proposal for a regulation

Article 12 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports.	(f) The origin, the characteristics and the conversion technology of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports;

Amendment  82

 

Proposal for a regulation

Article 12 – paragraph 1 – point f a (new)

Text proposed by the Commission	Amendment
	(fa) The impacts of the feedstock used for fuel production on the environment and biodiversity.

Amendment  83

 

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
By way of derogation from Article 4, from 1 January 2025 until 31 December 2029, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.	By way of derogation from Article 4, from 1 January 2025 until 31 December 2027, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.

Amendment  84

 

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission	Amendment
	Article 13a
	Opt-in for airports and aircraft operators
	An airport situated on Union territory, or an aircraft operator operating from Union airports, which do not fall within the scope of the definitions set out in Article 3 may request to be treated as an Union airport or aircraft operator, respectively, under this Regulation if that airport or that aircraft operator informs accordingly the Commission, the Agency and the competent authorities.

Amendment  85

Proposal for a regulation

Article 13 b (new)

Text proposed by the Commission	Amendment
	Article 13b
	Exercise of the delegation
	1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
	2.  The power to adopt delegated acts referred to in Articles 5, 9a and 11 shall be conferred on the Commission for an indeterminate period of time from [the entry into force of this Regulation].
	3.  The delegation of power referred to in Articles 5, 9a and 11 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
	4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
	5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	6.  A delegated act adopted pursuant to Articles 5, 9 a and 11 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.

Amendment  86

 

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission	Amendment
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.	By 1 January 2026 and every five years thereafter, the Commission shall submit a report on the evaluation of this Regulation to the European Parliament and the Council and make it publicly available. The Commission shall report on:
	(a)  the evolution of the aviation technologies and fuels market, in particular the evolution of sustainable aviation fuels, and its impact on the aviation internal market and the competitiveness of the Union, including the social impacts as well as the related employment and training needs;
	(b)  the evolution of airport activities in relation to greenhouse gas and non-CO2 emissions and air quality and noise pollution in and around airports;
	(c)  a detailed analysis and quantification of the sourcing of sustainable aviation fuel feedstock to achieve the objectives laid down in Annex I of this Regulation;
	(d)  information on the uptake of sustainable aviation fuels in Union neighbouring countries and globally;
	(e)  information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level;
	(f)  technological advancements in the area of research and innovation in the aviation industry which are relevant to this Regulation, including with regards to the development of technologies such as electric and hydrogen powered aircraft and the reduction of CO2 and non-CO2 emissions;
	(g)  use of the revenues generated from the administrative fines referred to in Article 11;
	(h)  the potential benefits and trade-offs of extending the obligations on the supply of  SAF referred to in Article 4 and Annex I and on refuelling referred to in Article 5 to private pleasure flights following a comprehensive impact assessment.
	2.  The Commission shall accompany the reports laid down in this Article, where appropriate, with legislative proposals amending this Regulation in particular in relation to:
	(a)  the minimum shares referred to in Article 4 and Annex I;
	(b)  the alignment of this Regulation with a potential policy framework on sustainable aviation fuels uptake at ICAO level in a manner that is consistent with the aim of preserving the environmental integrity and effectiveness of Union climate action, in particular the Union economy-wide greenhouse gases emissions reduction target for 2030 and the climate-neutrality objective as defined in Regulation (EU)2021/1119 of the European Parliament and of the Council1a (‘European Climate Law’);
	(c) the need for measures preventing potential carbon leakage and competitive disadvantages for flights departing from a Union airport with final destination in third countries where no blending obligations equivalent to those laid down in this Regulation exist.

Amendment  87

 

Proposal for a regulation

Annex I – point a

Text proposed by the Commission	Amendment
(a) From 1 January 2025, a minimum share of 2% of SAF;	(a) From 1 January 2025, a minimum share of 2% of SAF of which a minimum share of 0,03% of synthetic aviation fuels;

Amendment  88

 

Proposal for a regulation

Annex I – point b

Text proposed by the Commission	Amendment
(b) From 1 January 2030, a minimum share of 5% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;	(b) From 1 January 2030, a minimum share of 8% of SAF, of which a minimum share of 2,5% of synthetic aviation fuels;

Amendment  89

 

Proposal for a regulation

Annex I – point c

Text proposed by the Commission	Amendment
(c) From 1 January 2035, a minimum share of 20% of SAF, of which a minimum share of 5% of synthetic aviation fuels;	(c) From 1 January 2035, a minimum share of 21% of SAF, of which a minimum share of 10% of synthetic aviation fuels;

Amendment  90

 

Proposal for a regulation

Annex I – point d

Text proposed by the Commission	Amendment
(d) From 1 January 2040, a minimum share of 32% of SAF, of which a minimum share of 8% of synthetic aviation fuels;	(d) From 1 January 2040, a minimum share of 40% of SAF, of which a minimum share of 20% of synthetic aviation fuels;

Amendment  91

 

Proposal for a regulation

Annex I – point e

Text proposed by the Commission	Amendment
(e) From 1 January 2045, a minimum volume share of 38% of SAF, of which a minimum share of 11% of synthetic aviation fuels.	(e) From 1 January 2045, a minimum volume share of 60% of SAF, of which a minimum share of 30% of synthetic aviation fuels.

Amendment  92

 

Proposal for a regulation

Annex I – point f

Text proposed by the Commission	Amendment
(f) From 1 January 2050, a minimum volume share of 63% of SAF, of which a minimum share of 28% of synthetic aviation fuels	(f) From 1 January 2050, a volume share of 100% of SAF, of which a minimum share of 65% of synthetic aviation fuels, without prejudice to Article 14

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Ensuring a level playing field for sustainable air transport
References	COM(2021)0561 – C9-0332/2021 – 2021/0205(COD)
Committee responsible  Date announced in plenary	TRAN 13.9.2021
Opinion by  Date announced in plenary	ENVI 13.9.2021
Associated committees - date announced in plenary	11.11.2021
Rapporteur for the opinion  Date appointed	Nicolás González Casares 16.9.2021
Discussed in committee	14.2.2022
Date adopted	28.4.2022
Result of final vote	+: –: 0:	46 14 26
Members present for the final vote	Mathilde Androuët, Bartosz Arłukowicz, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Monika Beňová, Hildegard Bentele, Sergio Berlato, Alexander Bernhuber, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Esther de Lange, Christian Doleschal, Marco Dreosto, Cyrus Engerer, Cornelia Ernst, Eleonora Evi, Agnès Evren, Pietro Fiocchi, Raffaele Fitto, Malte Gallée, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Adam Jarubas, Petros Kokkalis, Athanasios Konstantinou, Ewa Kopacz, Peter Liese, Sylvia Limmer, Javi López, César Luena, Marian-Jean Marinescu, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Dolors Montserrat, Alessandra Moretti, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Jutta Paulus, Stanislav Polčák, Jessica Polfjärd, Nicola Procaccini, Luisa Regimenti, Frédérique Ries, María Soraya Rodríguez Ramos, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Ivan Vilibor Sinčić, Linea Søgaard-Lidell, Maria Spyraki, Nicolae Ştefănuță, Nils Torvalds, Edina Tóth, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Anna Zalewska
Substitutes present for the final vote	Catherine Chabaud, Nicolás González Casares, Dace Melbārde, Michèle Rivasi, Idoia Villanueva Ruiz, Nikolaj Villumsen

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

46	+
NI	Athanasios Konstantinou
PPE	Stanislav Polčák
Renew	Pascal Canfin, Catherine Chabaud, Martin Hojsík, Jan Huitema, Frédérique Ries, María Soraya Rodríguez Ramos, Nicolae Ştefănuță, Linea Søgaard-Lidell, Nils Torvalds, Véronique Trillet-Lenoir, Emma Wiesner, Michal Wiezik
S&D	Marek Paweł Balt, Monika Beňová, Simona Bonafè, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Cyrus Engerer, Nicolás González Casares, Jytte Guteland, Javi López, César Luena, Alessandra Moretti, Sándor Rónai, Günther Sidl, Petar Vitanov, Tiemo Wölken
The Left	Cornelia Ernst, Anja Hazekamp, Petros Kokkalis, Idoia Villanueva Ruiz, Nikolaj Villumsen, Mick Wallace
Verts/ALE	Margrete Auken, Eleonora Evi, Malte Gallée, Pär Holmgren, Tilly Metz, Ville Niinistö, Grace O'Sullivan, Jutta Paulus, Michèle Rivasi

 

14	-
ECR	Sergio Berlato, Pietro Fiocchi, Raffaele Fitto, Dace Melbārde, Nicola Procaccini, Rob Rooken, Alexandr Vondra, Anna Zalewska
ID	Simona Baldassarre, Marco Dreosto, Teuvo Hakkarainen, Sylvia Limmer, Silvia Sardone
PPE	Marian-Jean Marinescu

 

26	0
ID	Mathilde Androuët, Aurélia Beigneux, Catherine Griset, Joëlle Mélin
NI	Ivan Vilibor Sinčić, Edina Tóth
PPE	Bartosz Arłukowicz, Traian Băsescu, Hildegard Bentele, Alexander Bernhuber, Nathalie Colin-Oesterlé, Christian Doleschal, Agnès Evren, Adam Jarubas, Ewa Kopacz, Esther de Lange, Peter Liese, Fulvio Martusciello, Liudas Mažylis, Dolors Montserrat, Ljudmila Novak, Jessica Polfjärd, Luisa Regimenti, Christine Schneider, Maria Spyraki, Pernille Weiss

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY (21.4.2022)

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council Ensuring a level playing field for sustainable air transport

(COM(2021)0561 – C9‑0332/2021 – 2021/0205(COD))

Rapporteur for opinion: Jutta Paulus

 

SHORT JUSTIFICATION

Flying like a bird has been humankind’s dream for ages. The legend of Icarus belongs to the first literary evidences, many others followed. Birds’ flight, based on gliding on the wind or turning biomass into muscle power, was long thought the only possibility to overcome gravity. It was not until we understood the laws of physics and chemistry that humans took to the air. Using the very same laws of physics and chemistry, we know today about the threat of climate change.

It is this threat that inevitably makes it necessary to phase out fossil fuels in all sectors as soon as possible. According to the latest IPCC report, there is a 66 % chance of staying below 1.5 °C if future carbon emissions are limited to 400 Gt CO2eq – or approx. 10 years of current emissions. Accordingly, the budget for a 50 % chance of staying below 1.5 °C is 500 Gt CO2eq – 14 years of current emissions. Aviation emissions that are covered in the EU ETS have increased by 27.6 % since 2013 and are expected to return to pre-Covid levels by 2024. So far, the EU ETS covers however only roughly 20% of global aviation emissions. Apart from pricing CO2, innovation and investment is needed in order to wean aviation from fossil fuels. However, due to its global character, no one felt responsible for the sector and action on making aviation sustainable was considered a competitive disadvantage. We can no longer wait for action to be happening at the ICAO but we need the EU to take the lead in advancing the deployment of sustainable aviation fuels.

Aviation is one of the most challenging sectors to decarbonise, as electrification will not be possible for most flights; we will need chemical carriers with their high energy density. Again, science leads the way. The landmass on this planet cannot be increased, let alone arable land to grow biomass which we will need to feed humans. Even advanced biofuels are limited due to this restriction, as the efficiency of photosynthesis lies well below 5%. Therefore, the only viable path is the development of renewable fuels based on solar and wind energy, which are abundantly available and have much higher area efficiency than biomass.

The European Union has adopted the Climate Law, pledging to become climate neutral by 2050 at the latest. This legislation has to pave the way towards climate neutrality in aviation. It therefore should not incentivise investment in technologies with only limited potential to decarbonise the sector from fossil fuels. Instead, we need a determined move towards future-proof fuels, which will bring the European Union to the forefront of technological progress. As climate disasters increase around the planet, more and more countries will take climate action to avert even bigger damages. It is then that early movement and technological leadership will give the EU a head start on other countries and provide business opportunities for European companies.

 

The rapporteur’s priorities

The rapporteur welcomes the Commission proposal on ReFuelEU aviation to introduce an obligation on jet fuel supplier to blend a growing share of SAFs. With a SAF share of only 63% by 2050 though, the Commission does not aim to reach climate neutrality in the aviation sector and is therefore not in line neither with our EU climate targets, nor with the Paris Agreement. The rapporteur will therefore aim for a 100% share of SAF by 2040/2050.

Reduction of air traffic

Aviation, for all its obvious advantages such as connecting the world, moving people and freight at - formerly - incredible speed, is one of the most inefficient means to transport weight over distances. It is therefore important to reduce air traffic and switch to more energy efficient and sustainable transport modes like rail or water transport. If societal and environmental cost were included in ticket prices, at least short-haul flights for travel distances below 500 km would instantly cease to be economically viable.

Enlarging the scope of the regulation

The rapporteur considers the current threshold as not ambitious enough and will advocate to include all airports in the Regulation with at least 300.000 passengers per year. Together with including the 12 biggest airports in outermost regions, the Regulation would then cover 99.2% of the total number of passengers flying from an EU airport.

Quotas and new technologies

The rapporteurs regards it necessary to introduce quotas to provide incentives for investors and reach economies of scale. Further, the Regulation should not only look at SAFs but also other technologies like electric and hydrogen flights.

 

 

 

 

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

Amendment  1

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.	(1) Over the past decades, air transport has played an important role in the Union's economy. On the one hand, it has been a driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike; air transport has also contributed to foster cohesion, to reduce regional disparities and to improve connectivity, including with the EU's insular and outermost regions, particularly where they are difficult or impossible to reach by other means of transport, and with third countries. Growth in air transport, mainly driven by fossil based fuels and low uptake of sustainable fuels, led to an increase in emissions. In 2018, the air transport sector accounted for more than 13 % of all Union greenhouse gas emissions from transport and around 3,6 % of total Union greenhouse gas emissions. One of the most critical challenges that this sector faces is the need to significantly reduce its emissions and become more sustainable. This will be achived amongst other through regulatory action.

Amendment  2

 

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1a) In line with the Union’s climate commitments under the Paris Agreement, adopted under the United Nations Framework Convention on Climate Change1a (the ‘Paris Agreement’), the Union has established legal obligations through the Regulation (EU)2021/1119 of the European Parliament and of the Council1a (‘European Climate Law’) to achieve climate neutrality by 2050 at the latest and to achieve a reduction of net greenhouse gas emissions by at least 55 % compared to 1990 by 2030. Accordingly, various policy instruments are needed to contribute to the reduction of greenhouse gas emissions in all economic sectors, including the aviation sector. Currently aviation relies exclusively on fossil jet fuel to operate, and growing passenger numbers have rapidly increased net emissions from the sector. The total air passenger traffic in Europe has more than doubled since 1990. Without further EU level intervention, aviation is projected to remain almost entirely reliant on fossil jet fuel by 2050 and the EU CO2 emissions from the aviation sector are projected to increase by 17% by 2030 and slightly more than 20% by 2050, relative to 2015, far away from the Union’s targets.
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	1a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)(OJ L 243, 9.7.2021, p. 1).

Amendment  3

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security.	(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes fully to achieving the Union’s climate goals, in particular climate-neutrality by 2050 at the latest, with high levels of connectivity, safety and security.

Amendment  4

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) Reducing overall aviation fuel demand constitutes an effective means to reduce flying's climate impact. With the right mechanism design, it will permit sustainable aviation fuel to constitute a greater share of the overall fuel supply to the sector. Measures to achieve such a reduction in overall fuel demand should include fuel efficiency measures, cutting fuel waste and mandatory trainings for pilots, creating synergies with other trasnport modes to facilitate a modal shift to viable sustainable alternatives where they exist.

Amendment  5

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission	Amendment
	(2b) The overarching principle of energy efficiency first should be taken into account across all sectors, going beyond the energy system, including road transport, shipping and aviation. In particular, it should be considered in policy, planning and investment decisions related to the deployment of more energy efficient engines and sustainable alternative fuels and technologies, including regarding the speedy development of planes propelled by renewable electricity or green hydrogen.

Amendment  6

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The functioning of the Union air transport sector is determined by its cross-border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries.	(3) The functioning of the Union air transport sector is determined by its cross-border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy needs to take into account the processes established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. To create a global market for sustainable aviation fuels, the Union should take a global lead in the shift towards the use of sustainable fuels, engage in international negotiations to harmonize definitions and standards of sustainable air fuels. The Union should advocate, and start negotiations for a mandatory SAF quota in global aviation at the ICAO Global Assembly.

Amendment  7

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) The air transport market is subject to strong competition between economic actors across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.	(4) The air transport market is subject to strong competition between economic actors globally and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors, including the relevant parties involved in fuel supply, can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.

Amendment  8

 

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.	(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance, negatively impact competition on the market and reduce the attractiveness of the aviation sector to customers. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.

Amendment  9

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.	(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing both carbon and non-CO2 emissions from aircraft flying from Union airports and the development of effective economic instruments that ensure the true cost of emissions from the sector is fully internalised. Such measures should definitely contribute to meeting the Union’s climate objectives by 2030 and 2050 as well as protecting the environment and health. Reducing aromatic and sulphur content in conventional aviation fuels - or other measures like lowering flight altitude - would not only provide climate benefits by reducing contrail induced warming at altitude, but also improve air quality around airports. Reducing aromatics and sulphur will also improve the quality of the fuel and reduce costs. In fact, reducing aromatic content is a straightforward refinery process implementable today. Measures to reduce aromatic and sulphur should be based on a scientific impact assessment, taking into account its environmental benefits as well as its impact on flight operation and safety.

Amendment  10

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped.	(7) The Communication on a Sustainable and Smart Mobility Strategy adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. To achieve climate neutrality, the European Green Deal sets out the need to reduce transport emissions by 90 % by 2050 (compared to 1990-levels). The reduction of CO2 and non-CO2 emissions of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing aviation’s reliance on fossil energy as from the next decade, and new zero-emission aircraft technologies, such as electric- or hydrogen-powered aircraft can play an important role in commercial aviation in the medium and long term, sustainable aviation advanced biofuels or synthetic fuels could offer a promising solution for moderating emissions of all flight ranges, already in the short term. However, this potential is currently largely untapped.
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10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.	10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.

Amendment  11

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission	Amendment
	(7a) Given the unlikeliness of the aviation industry to become climate neutral in the short- to medium-term, it is necessary to ensure that the most sustainable transport mode is used for both passengers and freight where possible. In order to facilitate the modal shift to rail and other sustainable modes of transport, the first step would be to create the necessary transparency tool for people to make an informed choice on whether such sustainable transport modes do exist for each particular short-haul flight and whether they do compete in terms of travel time. For certain peripheral regions of the Union, there may not be any or indeed any sustainable alternatives available. The Commission should take this into consideration when preparing such list of short-haul flights.

Amendment  12

 

Proposal for a regulation

Recital 7 b (new)

Text proposed by the Commission	Amendment
	(7b) Research and innovation will play a substantial role in the development of sustainable and synthetic aviation fuels and the production capacity building. A respective investment priority should be clearly set within the relevant Union funding programmes identified by the Commission.

Amendment  13

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.	(8) Sustainable aviation fuels are liquid, gaseous, drop-in and non-drop-in fuels that can replace fossil aviation fuels. Currently, the most common already accessible sustainable aviation fuels are liquid, drop-in fuels fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable drop-in aviation fuels have been certified at global level for use in civil or military aviation. They are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium term. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively play a key role in the substitution of fossil kerosene for aviation, beginning with short-haul flights. Further, these drop-in and not drop-in sustainable aviation fuels will also contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions.

Amendment  14

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.	(10) At the global level, countries engage diplomatically on certification pathways and other sustainable aviation fuel requirements and objectives through ICAO. These include the Sustainability Criteria which the ICAO Council recently adopted (2021) for SAF to be eligible for consideration under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the Union or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels.

Amendment  15

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.	(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights, including business aviation and pleasure flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on Union territory. At the same time, in order to safeguard air connectivity for the benefits of Union citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at very small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation. For the same reason of safeguarding air connectivity, the aviation fuel suppliers situated in small islands or in outermost regions - as listed in Article 349 of the Treaty on the Functioning of the European Union - should be exempted from the SAF obligations. However, the scope of the Regulation should cover - by 2050 - at least 94% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on Union territory. Any Union airport or any aircraft operator operating from such airports could nevertheless opt at any time to be covered by this Regulation and be treated accordingly. In this context, Union support for the development of the necessary SAF infrastructure could be provided to those airports in islands and outermost regions that have opted for being covered by this Regulation.

Amendment  16

 

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term.	(16) Development and deployment of sustainable aviation fuels with commercial maturity and a high potential for innovation and growth to meet future needs should be promoted prioritising those with the highest potential for sustainability. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection.

Amendment  17

 

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16a) The development and production of sustainable aviation fuels has to be exponentially increased in the coming years. The Union and the Member States should invest in the research and production of sustainable aviation fuel projects as they present both an environmental and an industrial opportunity. The production of sustainable air fuels should be concentrated inside the Union, creating industrial, labour and research opportunities in all the Member States.

Amendment  18

 

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) A single, clear and robust sustainability framework is necessary to provide certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 .	(18) A single, clear, robust and lasting sustainability framework is necessary to provide legal certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112.
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12 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=fr	12 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018L2001&from=fr

Amendment  19

 

Proposal for a regulation

Recital 19

Text proposed by the Commission	Amendment
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.	(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports, including those located on islands in order to take into account the criticality of air routes connecting islands with the continent. This Regulation supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology.

Amendment  20

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.	(22) The relevant parties involved in fuel supply covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. This obligation should include providing electric recharging infrastructure capacity and hydrogen refuelling infrastructure capacity, commensurate with the uptake of electric aircraft and renewable hydrogen propelled aircraft. If necessary, the Agency should be able to require from the relevant parties involved in fuel supply at Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.

Amendment  21

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) Many Union airports are supplied with aviation fuel principally via pipelines from refineries or blending stations where SAF blending to meet safety and sustainability specifications needs to take place. Member States should take all necessary measures to allow the continued and uninterrupted access of aviation fuel suppliers to civil transport aviation fuels infrastructure to supply both conventional aviation fuels and aviation fuels containing shares of sustainable aviation fuels. Delivering SAF to Union airports in sufficient quantities to meet the provisions set out in Annex I by alternate means such as by road/ truck from refineries and blending stations is logistically, practically and from a cost and CO2 penalty perspective infeasible. It will be essential to use these pipelines in addition to pipelines owned by fuel suppliers - where they exist - as well as rail facilities already in place, in order to deliver the minimum SAF required under this Regulation.

Amendment  22

 

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission	Amendment
	(26a) This Regulation should promote greater transparency on the environmental footprint of aviation. Information should be available to users of aviation services on life-cycle emissions of airports, airports services and flights including on the use of sustainable alternative fuels, so that they can make informed decisions on their transport needs and the related environmental impacts.

Amendment  23

Proposal for a regulation

Recital 29

Text proposed by the Commission	Amendment
(29) The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;	(29) The revenues generated from the payment of penalties should be used to promote the distribution and use of sustainable aviation fuels and related new technologies in the aviation sector and help aviation operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the Innovation Fund referred to in Article 10a (8) of Directive 2003/87/EC. The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;

Amendment  24

 

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(31) A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.	deleted

Amendment  25

 

Proposal for a regulation

Recital 32 a (new)

Text proposed by the Commission	Amendment
	(32a) The gradual introduction of electric propelled planes and the increased use of electricity in the aviation sector could lead in the future to a production shortage of electricity from renewable sources for this sector. If, at the time of the review of this Regulation, the Commission assess such a shortage, it could suggest as part of this review to adapt the definition of synthetic aviation fuels accordingly.

Amendment  26

 

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels.	This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels, including through establishing obligations for aviation fuel suppliers to provide a share of sustainable aviation fuel, a refuelling obligation for aircraft operators, and obligations for Union airports to provide the necessary infrastructure.

Amendment  27

Proposal for a regulation

Article 3 – paragraph 1 – indent 1

Text proposed by the Commission	Amendment
— ‘Union airport’ means an airport as defined in Article 2(2) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union;	— ‘Union airport’ means a civil airport as defined in Article 2(1) of Directive 2009/12/EC of the European Parliament and of the Council13;
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13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges	13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges

Amendment  28

Proposal for a regulation

Article 3 – paragraph 1 – indent 2

Text proposed by the Commission	Amendment
— ‘aircraft operator’ means a person that operated at least 729 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;	— ‘aircraft operator’ means a person that operated at least 52 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;

Amendment  29

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 2 a (new)

Text proposed by the Commission	Amendment
	- ‘entity responsible for managing the functioning of the infrastructure’ means an Union airport, a fuel supplier or a supplier of groundhandling services as defined in Article 2(g) of Directive 96/67/EC in charge of the infrastructures necessary for the delivery, storage and uplifting of sustainable aviation fuels;

Amendment  30

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 3

Text proposed by the Commission	Amendment
— ‘commercial air transport flight’ means a flight operated for the purposes of transport of passengers, cargo or mail for remuneration or hire, or business aviation flights;	— ‘commercial air transport flight’ means a flight operated for the purposes of transport of passengers, cargo or mail for remuneration or hire, or business or pleasure aviation flights;

Amendment  31

Proposal for a regulation

Article 3 – paragraph 1 – indent 3 a (new)

Text proposed by the Commission	Amendment
	- ‘pleasure flight’ means the use of an aircraft for personal or recreational purposes not associated with a business or professional use;

Amendment  32

Proposal for a regulation

Article 3 – paragraph 1 – indent 3 b (new)

Text proposed by the Commission	Amendment
	- ‘short-haul flight’ means a direct or indirect flight, where the distance between the initial airport of departure and the final destination is less than 1 000 km as the crow flies;

Amendment  33

Proposal for a regulation

Article 3 – paragraph 1 – indent 3 c (new)

Text proposed by the Commission	Amendment
	- ‘Sustainable alternative to a short-haul flight’ means that passengers and goods can travel on a more sustainable scheduled collective transport mode to a destination that is served by a short-haul flight in a competitive travel time;

Amendment  34

Proposal for a regulation

Article 3 – paragraph 1 – indent 3 d (new)

Text proposed by the Commission	Amendment
	- 'business aviation’ means the operation or use of aircraft by companies or individuals for the carriage of passengers or goods as an aid to the conduct of their business, flown for purposes generally considered not for public hire and piloted by individuals having, at the minimum, a valid commercial pilot license with an instrument rating;

Amendment  35

 

Proposal for a regulation

Article 3 – paragraph 1 – indent 5

Text proposed by the Commission	Amendment
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;	— ‘sustainable aviation fuels’ (‘SAF’) means aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;

Amendment  36

Proposal for a regulation

Article 3 – paragraph 1 – indent 8

Text proposed by the Commission	Amendment
— ‘synthetic aviation fuels’ means fuels that are renewable fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, used in aviation;	— ‘synthetic aviation fuels’ means fuels that are renewable liquid or gaseous fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, or, without prejudice of Article 14, electricity from renewable sources as defined in Article 2, second paragraph, point 1 of Directive (EU) 2018/2001, used in aviation; for synthetic aviation fuels that need carbon to be produced, this carbon will preferably be sourced from direct air capture.

Amendment  37

Proposal for a regulation

Article 3 – indent 9 a (new)

Text proposed by the Commission	Amendment
	— ‘electricity from renewable energy sources’ or ‘renewable electricity’ means electricity produced from renewable energy sources as defined in Article2, second paragraph, point 1 of Directive (EU) 2018/2001;

Amendment  38

Proposal for a regulation

Article 3 – indent 9 b (new)

Text proposed by the Commission	Amendment
	—  ‘hydrogen from renewable energy sources’ or ‘renewable hydrogen’ means hydrogen produced from renewable electricity or from fuels that are renewable liquid or gaseous fuels of non-biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001;

Amendment  39

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.	1.  From 1 January 2025 to 31 December 2029, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at Union airport, covered by this Regulation, not situated in an outermost region as listed in Article 349 of the Treaty on the Functioning of the European Union,  where passenger traffic was higher than 700 000 passengers or where the freight traffic was higher than 20 000 tons in the reporting period, contain a minimum share of sustainable aviation fuel, in accordance with the values and dates of application set out in Annex I.

Amendment  40

Proposal for a regulation

Article 4 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a.  Without prejudice to the application of Article 14, from 1 January 2030 to 31 December 2049, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union where passenger traffic was higher than 500 000 passengers or where the freight traffic was higher than 20 000 tons in the reporting period, contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.

Amendment  41

 

Proposal for a regulation

Article 4 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	1b.  Without prejudice to the application of Article 14, from 1 January 2035 to 31 December 2049, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union where passenger traffic was higher than 50 000 passengers or where the freight traffic was higher than 10 000 tons in the reporting period, contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.

Amendment  42

 

Proposal for a regulation

Article 4 – paragraph 1 c (new)

Text proposed by the Commission	Amendment
	1c. An airport situated on Union territory, or an aircraft operator operating from Union airports, which do not fall within the scope of paragraphs 1 or 2 may request the Commission to be treated as an Union airport or aircraft operator, respectively, under this Regulation. That airport or that aircraft operator should inform accordingly the Agency and the competent authorities.

Amendment  43

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. By 1 January 2025, Member States shall take all necessary measures to allow the continued and uninterrupted access of aviation fuel suppliers to civil transport aviation fuels infrastructure to supply both conventional aviation fuels and aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I to all Union airports.

Amendment  44

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission	Amendment
	Article 4a
	Lowering non-CO2 impact of jet fuels
	1.  By 1 January 2024 and every three years thereafter, the Commission shall submit a report to the European Parliament and the Council assessing potential pathways and the progress made by aviation fuel suppliers towards the reduction and eventual elimination of aromatics and sulphur in conventional fuels.
	2.  The Commission shall, where appropriate, accompany its reports referred to in paragraph 1 by legislative proposals on the reduction and eventual elimination of the aromatics and sulphur content of aviation fuels. The reports shall be made public.

Amendment  45

 

Proposal for a regulation

Article 5 a (new)

Text proposed by the Commission	Amendment
	Article 5a
	Transparency for short-haul flights
	1. By 1 January 2023, the Commission shall submit a report to the European Parliament and the Council on comparative factors between short-haul flights, taking into account various shares of sustainable aviation fuels, and alternative collective transport modes. These factors shall at least cover environmental footprint, and particularly greenhouse gas emissions per passenger per kilometre travelled, noise, costs, life-cycle approach, competitive travel time, as well as connectivity and availability.
	2. The report referred to in paragraph 1 shall in particular include a list of all short-haul flights with a sustainable alternative that departed from each Union airport in the previous year. The Commission shall provide an estimate on the typical greenhouse gas emissions for each short-haul flight with a sustainable alternative as well as each sustainable alternative, and the average duration of the journey by each mode. This list shall take into consideration that air routes connecting island airports to continental airports are critical for island citizens' connectivity and islands' economies.
	3. The Commission shall ensure that both the report referred to in paragraph 1 and the list referred to in paragraph 2 are publicly available online.
	4. Aircraft operators shall provide their customers before the customers make their booking with information on the environmental footprint and on greenhouse gas emissions per passenger per kilometre travelled, of the flight as compared to the sustainable alternatives for that booking when provided by the Commission under paragraphs 1 and 2 and pursuant to Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89.

Amendment  46

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.	Union airports or any other entities responsible for managing the functioning of the infrastructure shall take necessary measures to facilitate the access of aircraft operators to sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels as well as for hydrogen and electric powering, recharging, refuelling of aircrafts, in accordance with [Article 13 of Regulation on the deployment of alternative fuels infrastructure].

Amendment  47

 

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	Union airports or any other entities responsible for managing the functioning of the infrastructure shall ensure that all aircraft operators covered by this Regulation, including small aircraft operators can cover their demand for sustainable aviation fuels.

Amendment  48

 

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the Union airport to provide the information necessary to prove compliance with paragraph 1. The Union airport concerned shall provide the information without undue delay.	Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency shall without undue delay request the Union airport or any other entity responsible for managing the functioning of the infrastructure to provide the information necessary to prove compliance with paragraph 1. The Union airport or the entity concerned shall provide the information without undue delay.

Amendment  49

 

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the Union airport does not fulfil its obligations. Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).	The Agency shall assess the information received and inform the Commission if such information allows to conclude that the entity responsible for managing the functioning of the infrastructure does not fulfil its obligations. In case of non-compliance the relevant Member State authority shall impose a fine on such an entity in accordance with Article 11.
	Union airports referred to in Article 4(1) shall take the necessary measures to identify and address the lack of adequate airport infrastructure within two years after the entry into force of the Regulation. Union airports referred to in Article 4(2) shall take the necessary measures to identify and address the lack of adequate airport infrastructure before 1 January 2028. Union airports referred to in Article 4(3) shall take the necessary measures to identify and address the lack of adequate airport infrastructure before 1 January 2033.

Amendment  50

Proposal for a regulation

Article 9 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) The percentage of each type of sustainable aviation fuel contained in each batch of conventional aviation fuel supplied at each Union airport;

Amendment  51

 

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission	Amendment
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports and fuel suppliers. Member States shall inform the Commission thereof.	(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports, fuel suppliers and any other entities responsible for managing the functioning of the infrastructure. Member States shall inform the Commission thereof.

Amendment  52

Proposal for a regulation

Article 11 – paragraph 7

Text proposed by the Commission	Amendment
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guarantee.	7. Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those fines as contribution to the Fund referred to in Article 11a.

Amendment  53

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission	Amendment
	Article 11a
	Allocation of penalties to support sustainable aviation fuels
	1.  The revenues generated from penalties referred to in Article11(1) shall be allocated to support projects aimed at the rapid deployment of sustainable aviation fuels in the aviation sector, to contribute to the reduction of greenhouse gas emissions and other pollutants in the aviation sector.
	2.  Projects financed by the revenues generated from penalties referred to in paragraph 1 shall be consistent with the aims of this Regulation and shall, in particular, support the development, testing and deployment of innovative aircraft technologies that have the potential to achieve significant emission reductions, including planes propelled by electricity or hydrogen, to support the development of the necessary SAF infrastructure at airports in islands and outermost regions which have chosen to be treated as a Union airport under this Regulation, and to support redeployment, re-skilling and up-skilling of workers, in quality social dialogue with social partners and with a special focus on women to promote their incorporation into the aeronautics industry and related sectors.
	3.  The revenues generated from penalties referred to in paragraph 1 shall be allocated to the Innovation Fund referred to in Article 10a (8) of Directive 2003/87/EC.
	4.  All information on the projects financed referred to in paragraph 2 and all other relevant information related to the orgin of the penalties shall be made available to the public in a timely manner in a separate section on the website of the Fund referred to in paragraph 3.

Amendment  54

 

Proposal for a regulation

Article 12 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) The status of compliance of airports regarding obligations set out in Article 6;	(d) The status of compliance of parties involved in fuel supply at Union airports regarding obligations set out in Article 6;

Amendment  55

 

Proposal for a regulation

Article 12 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports.	(f) The origin and the characteristics and the conversion technology of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports.

Amendment  56

Proposal for a regulation

Article 13

Text proposed by the Commission	Amendment
Article 13
Transitional period
By way of derogation from Article 4, from 1 January 2025 until 31 December 2029, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.	deleted

Amendment  57

Proposal for a regulation

Article 14

Text proposed by the Commission	Amendment
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.	1. By 1 January 2027 and every five years thereafter, the Commission shall submit a report on the evaluation of this Regulation to the European Parliament and the Council and shall, if appropriate, submit legislative proposals to amend this Regulation. The Commission shall accompany any further legislative proposal by an impact assessment, including on possible offsetting the costs of it. The report shall be made public.
	2. The report referred to in paragraph 1 shall focus on:
	(a) the evolution of the aviation technologies, and fuels market, in particular the evolution of SAF, and its impact on the aviation internal market of the Union including an assessment of the impact of this Regulation on the competitiveness of European air carriers and airports, of the potential carbon leakage, and on air routes connecting islands with the continent, the social impacts as well as the related employment and training needs;
	(b) the evolution of the aviation activities, including aviation fuels, in relation to their impact on the emissions of both greenhouse gas and non-CO2 on climate change and air quality around airports;
	(c) the possible revision of the definition of synthetic aviation fuels as regards the energy sources to produce electricity referred to in Article 3, eight point;
	(d) the possible revision of the size of the airports, exemptions and minimum shares in Article 4 second and third paragraphs, and Annex I based on the development of the fuel market, deployment of viable and commercial sustainable aviation fuels, research and technological development as well as condition of the aviation sector in order to facilitate green transition and reach climate goals;
	(e) the possible revision of the level of the fines referred to in Article 11.
	3. The report referred to in paragraph 1 shall also include information on:
	(a) the development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level;
	(b) the technological advancements in the area of research and innovation in the aviation industry which are relevant to this Regulation, including with regards to the development of electric- powered and or hydrogen-powered aircraft as well as to the reduction of the impact of the aviation sector on both CO2 and non-CO2 emissions including measures on fuel efficiency and on the overall fuel consumption, in line with the Paris Agreement;
	(c) the development of a potential Union labelling system for the environmental performance of the aviation sector, including commercial air transport;
	(d) Member States spending of the revenues generated from penalties referred to in Articles 11 and 11a.

Amendment  58

Proposal for a regulation

Annex I – title

Text proposed by the Commission	Amendment
Annex I (volume shares)	Annex I (energy shares)

Amendment  59

Proposal for a regulation

Annex I – point a

Text proposed by the Commission	Amendment
(a) From 1 January 2025, a minimum share of 2% of SAF;	(a) From 1 January 2025, a minimum share of 2% of SAF, constituing of:
	i) a minimum share of 0.04% of synthetic aviation fuels,
	ii) a maximum share of 0.6 Mtoe of advanced biofuels,
	iii) a maximum share of 0.33 Mtoe of biofuels produced from RED Annex IX, part B feedstock;

Amendment  60

Proposal for a regulation

Annex I – point b

Text proposed by the Commission	Amendment
(b) From 1 January 2030, a minimum share of 5% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;	(b) From 1 January 2030, a minimum share of 8% of SAF, constituing of:
	i) a minimum share of 2% of synthetic aviation fuels,
	ii) a maximum share of 2.5 Mtoe of advanced biofuels,
	iii) a maximum share of 0.33 Mtoe of biofuels produced from RED Annex IX, part B feedstock;

Amendment  61

Proposal for a regulation

Annex I – point c

Text proposed by the Commission	Amendment
(c) From 1 January 2035, a minimum share of 20% of SAF, of which a minimum share of 5% of synthetic aviation fuels;	(c) From 1 January 2035, a minimum share of 27% of SAF, constituing of:
	i) a minimum share of 16% of synthetic aviation fuels,
	ii) a maximum share of 4.9 Mtoe of advanced biofuels,
	iii) a maximum share of 0.33 Mtoe of biofuels produced from RED Annex IX, part B feedstock;

Amendment  62

Proposal for a regulation

Annex I – point d

Text proposed by the Commission	Amendment
(d) From 1 January 2040, a minimum share of 32% of SAF, of which a minimum share of 8% of synthetic aviation fuels;	(d) From 1 January 2040, a minimum share of 51% of SAF, constituing of:
	i) a minimum share of synthetic aviation fuels;
	ii) a maximum share of 5.7 Mtoe of advanced biofuels,
	iii) a maximum share of 0.33 Mtoe of biofuels produced from RED Annex IX, part B feedstock;

Amendment  63

Proposal for a regulation

Annex I – point e

Text proposed by the Commission	Amendment
(e) From 1 January 2045, a minimum volume share of 38% of SAF, of which a minimum share of 11% of synthetic aviation fuels.	(e) From 1 January 2045, a minimum volume share of 63% of SAF, constituting of:
	i) a minimum share of synthetic aviation fuels,
	ii) a maximum share of 5.8 Mtoe of advanced biofuels,
	iii) a maximum share of 0.33 Mtoe of biofuels produced from RED Annex IX, part B feedstock;

Amendment  64

Proposal for a regulation

Annex I – point f

Text proposed by the Commission	Amendment
(f) From 1 January 2050, a minimum volume share of 63% of SAF, of which a minimum share of 28% of synthetic aviation fuels	(f) From 1 January 2050, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport referred to in Article 4, paragraph 3, is composed of sustainable aviation fuel only.

Amendment  65

 

Proposal for a regulation

Annex I – point f a (new)

Text proposed by the Commission	Amendment
	(fa) The overall supply of this SAF shall be constituted of synthetic aviation fuels and of a maximum of 5.8 Mtoe of advanced biofuels, and a maximum of 0.33 Mtoe of biofuels produced from RED Annex IX, part B feedstock.

 

 

 

ANNEX: LIST OF ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

Entity in alphabetical order

ClonBio

easyjet

e-Pure

Ewaba

Safran

Shell

Transport & Environment

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Ensuring a level playing field for sustainable air transport
References	COM(2021)0561 – C9-0332/2021 – 2021/0205(COD)
Committee responsible  Date announced in plenary	TRAN 13.9.2021
Opinion by  Date announced in plenary	ITRE 13.9.2021
Associated committees - date announced in plenary	11.11.2021
Rapporteur for the opinion  Date appointed	Jutta Paulus 30.9.2021
Previous rapporteur for the opinion	François Alfonsi
Discussed in committee	2.2.2022
Date adopted	20.4.2022
Result of final vote	+: –: 0:	42 6 28
Members present for the final vote	Matteo Adinolfi, Nicola Beer, François-Xavier Bellamy, Hildegard Bentele, Vasile Blaga, Michael Bloss, Manuel Bompard, Paolo Borchia, Marc Botenga, Markus Buchheit, Cristian-Silviu Buşoi, Jerzy Buzek, Maria da Graça Carvalho, Ignazio Corrao, Ciarán Cuffe, Josianne Cutajar, Nicola Danti, Pilar del Castillo Vera, Christian Ehler, Niels Fuglsang, Lina Gálvez Muñoz, Claudia Gamon, Jens Geier, Bart Groothuis, Christophe Grudler, András Gyürk, Henrike Hahn, Robert Hajšel, Ivo Hristov, Ivars Ijabs, Eva Kaili, Seán Kelly, Izabela-Helena Kloc, Łukasz Kohut, Zdzisław Krasnodębski, Andrius Kubilius, Miapetra Kumpula-Natri, Thierry Mariani, Marisa Matias, Eva Maydell, Georg Mayer, Joëlle Mélin, Iskra Mihaylova, Dan Nica, Angelika Niebler, Niklas Nienaß, Ville Niinistö, Aldo Patriciello, Mauri Pekkarinen, Mikuláš Peksa, Tsvetelina Penkova, Morten Petersen, Pina Picierno, Markus Pieper, Clara Ponsatí Obiols, Manuela Ripa, Robert Roos, Sara Skyttedal, Maria Spyraki, Jessica Stegrud, Beata Szydło, Riho Terras, Grzegorz Tobiszowski, Patrizia Toia, Isabella Tovaglieri, Henna Virkkunen, Pernille Weiss, Carlos Zorrinho
Substitutes present for the final vote	Pascal Arimont, Cornelia Ernst, Klemen Grošelj, Alicia Homs Ginel, Nora Mebarek, Jutta Paulus, Ernő Schaller-Baross, Susana Solís Pérez

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

42	+
NI	Clara Ponsatí Obiols
PPE	Cristian-Silviu Buşoi
Renew	Nicola Beer, Nicola Danti, Claudia Gamon, Bart Groothuis, Klemen Grošelj, Christophe Grudler, Ivars Ijabs, Iskra Mihaylova, Mauri Pekkarinen, Morten Petersen, Susana Solís Pérez
S&D	Josianne Cutajar, Niels Fuglsang, Lina Gálvez Muñoz, Jens Geier, Robert Hajšel, Alicia Homs Ginel, Ivo Hristov, Eva Kaili, Łukasz Kohut, Miapetra Kumpula-Natri, Nora Mebarek, Dan Nica, Tsvetelina Penkova, Pina Picierno, Patrizia Toia, Carlos Zorrinho
The Left	Manuel Bompard, Marc Botenga, Cornelia Ernst, Marisa Matias
Verts/ALE	Michael Bloss, Ignazio Corrao, Ciarán Cuffe, Henrike Hahn, Niklas Nienaß, Ville Niinistö, Jutta Paulus, Mikuláš Peksa, Manuela Ripa

 

6	-
ECR	Robert Roos, Jessica Stegrud
ID	Markus Buchheit, Georg Mayer
NI	András Gyürk, Ernő Schaller-Baross

 

28	0
ECR	Izabela-Helena Kloc, Zdzisław Krasnodębski, Beata Szydło, Grzegorz Tobiszowski
ID	Matteo Adinolfi, Paolo Borchia, Thierry Mariani, Joëlle Mélin, Isabella Tovaglieri
PPE	Pascal Arimont, François-Xavier Bellamy, Hildegard Bentele, Vasile Blaga, Jerzy Buzek, Maria da Graça Carvalho, Pilar del Castillo Vera, Christian Ehler, Seán Kelly, Andrius Kubilius, Eva Maydell, Angelika Niebler, Aldo Patriciello, Markus Pieper, Sara Skyttedal, Maria Spyraki, Riho Terras, Henna Virkkunen, Pernille Weiss

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Ensuring a level playing field for sustainable air transport
References	COM(2021)0561 – C9-0332/2021 – 2021/0205(COD)
Date submitted to Parliament	15.7.2021
Committee responsible  Date announced in plenary	TRAN 13.9.2021
Committees asked for opinions  Date announced in plenary	ENVI 13.9.2021	ITRE 13.9.2021
Associated committees  Date announced in plenary	ENVI 11.11.2021	ITRE 11.11.2021
Rapporteurs  Date appointed	Søren Gade 29.10.2021
Discussed in committee	1.12.2021	3.3.2022	19.4.2022
Date adopted	27.6.2022
Result of final vote	+: –: 0:	25 6 3
Members present for the final vote	Izaskun Bilbao Barandica, Karolin Braunsberger-Reinhold, Ciarán Cuffe, Jakop G. Dalunde, Anna Deparnay-Grunenberg, Søren Gade, Elsi Katainen, Cláudia Monteiro de Aguiar, Caroline Nagtegaal, Jan-Christoph Oetjen, João Pimenta Lopes, Rovana Plumb, Massimiliano Salini, Vera Tax, Lucia Vuolo
Substitutes present for the final vote	Ignazio Corrao, Clare Daly, Andor Deli, Markus Ferber, Tomasz Frankowski, Ljudmila Novak, Andreas Schieder
Substitutes under Rule 209(7) present for the final vote	Matteo Adinolfi, Hildegard Bentele, Vlad-Marius Botoş, Paolo De Castro, Peter Kofod, Moritz Körner, Siegfried Mureşan, Tomasz Piotr Poręba, Sara Skyttedal, Isabella Tovaglieri, Angelika Winzig, Elena Yoncheva
Date tabled	28.6.2022

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

25	+
ID	Matteo Adinolfi, Peter Kofod, Isabella Tovaglieri
PPE	Hildegard Bentele, Karolin Braunsberger-Reinhold, Markus Ferber, Tomasz Frankowski, Cláudia Monteiro de Aguiar, Siegfried Mureşan, Ljudmila Novak, Massimiliano Salini, Sara Skyttedal, Lucia Vuolo, Angelika Winzig
RENEW	Izaskun Bilbao Barandica, Vlad-Marius Botoş, Søren Gade, Elsi Katainen, Moritz Körner, Caroline Nagtegaal, Jan-Christoph Oetjen
S&D	Paolo De Castro, Rovana Plumb, Andreas Schieder, Elena Yoncheva

 

6	-
THE LEFT	Clare Daly, João Pimenta Lopes
VERTS/ALE	Ignazio Corrao, Ciarán Cuffe, Jakop G. Dalunde, Anna Deparnay-Grunenberg

 

3	0
ECR	Tomasz Piotr Poręba
NI	Andor Deli
S&D	Vera Tax

 

Key to symbols:

+ : in favour

- : against

0 : abstention