EUROPEAN UNIONTHE EUROPEAN PARLIAMENT

THE COUNCIL
Brussels, 20 September 2023
(OR. en)2021/0205 (COD)

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TRANS 189
AVIATION 108
ENV 494
ENER 236
IND 243
COMPET 439
ECO 40
RECH 181
CLIMA 240
RELEX 605
CODEC 873
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL on ensuring a level playing field for sustainable air transport(ReFuelEU Aviation)

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TREE.2ENREGULATION (EU) 2023/…
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of …
on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation)(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure2,

1
2

OJ C 105, 4.3.2022, p. 134.
Position of the European Parliament of 13 September 2023 (not yet published in the Official
Journal) and decision of the Council of … .

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ENWhereas:(1)

Over the past decades, air transport has played a crucial role in the Union’s economy andin 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, andone of the main connectors between outermost regions and the mainland, particularly
within the Union air transport 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 andinsular regions, as well as with third countries, and has been a significant enabler of theUnion economy.

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(2)

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 precrisis levels. The International Civil Aviation Organisation (ICAO) estimates a growth inEurope of up to 3,1 % per year until 2050 for passenger traffic, and up to 2,4 % per year
for freight traffic according to its post-COVID-19 forecast in a high traffic scenario. At thesame time, emissions from air transport have been increasing since 1990 and the trend ofincreasing emissions could return as we overcome the pandemic. Therefore, it isimperative to prepare for the future and make the necessary adjustments ensuring awell-functioning air transport sector that contributes fully to achieving the Union’s climate
goals, with high levels of connectivity, affordability, safety and security. The Union has
established legal obligations under Regulation (EU) 2021/1119 of the European Parliamentand of the Council1 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, have to takerapid steps to decarbonise. For the air transport sector, this necessitates a strong ramp-up of
the production, supply and uptake of sustainable aviation fuels (SAF).

1

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).

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(3)

The functioning of the Union air transport sector is determined by its cross-border natureacross the Union, and by its global dimension. The aviation market is one of the mostintegrated sectors in the internal market, governed by uniform rules on market access andoperating conditions. The Union’s external air transport policy is governed by rules
established at global level at ICAO, and in comprehensive multilateral or bilateralagreements between the Union or its Member States, and third countries. It is therefore
important that the Union sustains the efforts made at international, multilateral andbilateral level to promote a high level of ambition and convergence in the uptake of SAF,
while providing for an international level playing field.

(4)

The air transport market is subject to strong competition between economic actors globallyand across the Union, for which a level playing field is indispensable. The stability andprosperity of the air transport market and its economic actors relies on a clear andharmonised 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 tojob opportunities. To a large extent intra-EU flights are part of global itineraries set in a
global air transport 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 of a disadvantage with internal or external competitors. In turn,this can result in a loss of competitiveness of the air transport industry, putting air transportbusinesses and jobs at risk, and a loss of air connectivity and transport choices for citizens
and businesses.

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(5)

In particular, it is essential to ensure a level playing field across the Union air transport
market regarding aviation fuel, which accounts for a substantial share of aircraft operators’
costs while fostering the decarbonisation of air transport by promoting SAF. Variations inaviation fuel prices can affect aircraft operators’ economic performance and negatively
impact competition on the market. Higher aviation fuel prices translating directly intohigher end-consumer fares would reduce the connectivity of regions, the mobility of
citizens and the competitiveness of the air transport sector and also mobility. Where
differences in aviation fuel prices exist between Union airports or between Union and nonUnion 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 the Union’s efforts towards environmental protection. Some aircraft operators
are able to use favourable aviation fuel prices at their home bases as a competitive
advantage towards other aircraft operators operating similar routes. This can havedetrimental effects on the competitiveness of the air transport sector, leading to market
distortions and harming air connectivity. This Regulation should set up measures toprevent such practices in order to avoid unnecessary environmental damage as well as torestore and preserve the conditions for fair competition on the Union air transport market.

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(6)

A key objective of the common transport policy is sustainable development. This requires
an integrated approach aimed at ensuring the effective functioning of Union transportsystems, taking into account social standards and environmental objectives. Sustainable
development of air transport requires the introduction of measures, including economic
instruments, aimed at reducing the carbon emissions from aircraft departing from
Union airports and developing a market for the production and supply of SAF. Suchmeasures should contribute to meeting the Union’s climate objectives by 2030 and 2050.

(7)

The Commission communication of 9 December 2020 entitled ʻSustainable and Smart
Mobility Strategy – putting European transport on track for the futureʼ sets a course ofaction for the Union transport system to achieve its green and digital transformation andbecome more resilient. The decarbonisation of the air transport sector is a necessary andchallenging process, especially in the short term. Technological advancements, and a clear
commitment from the aviation industry, pursued in European and national research andinnovation 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 aircraft, 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, SAF 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.

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(8)

The principle of energy efficiency first has been implemented in the air transport sector.
The deployment of more energy efficient engines contributes to decreasing theenvironmental footprint of flights and also more resource efficient use of SAF.

(9)

SAF are aviation fuels that comprise liquid, drop-in fuels, fully fungible with conventional
aviation fuels and compatible with existing aircraft engines. Several production pathwaysof SAF have been certified at global level for use in civil and military aviation. SAF aretechnologically 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
fuels mix in the medium and long term. Further, with the support of appropriate
international fuel standards, and support for the design of those standards, SAF might
contribute to lowering the aromatics content of the final aviation fuel used by an aircraft
operator, thus helping to reduce other non-CO2 emissions. Other aviation fuels such as
electricity or hydrogen are promising technologies and are expected to progressively
contribute to the decarbonisation of air transport, beginning with short-haul flights. This
Regulation has the potential to further accelerate scientific development and deployment ofthese technologies, as well as boost commercial innovation in respect of them, by allowing
economic operators to consider these technologies when they become mature andcommercially available. It will also increase market certainty and predictability and act as
an incentive for the investments in these new technologies that are necessary.

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(10)

The gradual introduction of SAF on the Union air transport market will represent anadditional fuel cost for airlines, as such fuel technologies are currently more expensive to
produce than conventional aviation fuels. This is expected to exacerbate the pre-existing
issues of level playing field on the Union air transport market as regards aviation fuels, andto cause further distortions among aircraft operators and airports, also in the context of theimplementation by the Union and its Member States of ICAO’s Carbon Offsetting andReduction Scheme for International Aviation (CORSIA) in accordance with Council
Decision (EU) 2020/9541 and EU Emissions Trading System (EU ETS) established by
Directive 2003/87/EC of the European Parliament and of the Council2 as amended by
Directive (EU) 2023/958 of the European Parliament and of the Council3. The availabilityof feedstock and the production capacity of SAF are limited. 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. This Regulation
should take measures to prevent that the introduction of SAF affects negatively thecompetitiveness of the aviation sector by defining harmonised requirements across theUnion.

1

2

3

Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf ofthe European Union within the International Civil Aviation Organization as regards thenotification of voluntary participation in the Carbon Offsetting and Reduction Scheme forInternational Aviation (CORSIA) from 1 January 2021 and the option selected for
calculating aeroplane operators’ offsetting requirements during the 2021-2023 period(OJ L 212, 3.7.2020, p. 14).
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003
establishing a system for greenhouse gas emission allowance trading within the Union andamending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Directive (EU) 2023/958 of the European Parliament and of the Council of 10 May 2023
amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s
economy-wide emission reduction target and the appropriate implementation of a global
market-based measure (OJ L 130, 16.5.2023, p. 115).

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(11)

At global level, SAF are regulated and defined by ICAO, where countries agree on.
detailed requirements on the sustainability, traceability and accounting of certified SAF
pathways for use on flights covered by CORSIA. While incentives are set in CORSIA andSAF are considered an integral pillar of the work on the feasibility of the long-term global
aspirational goal (LTAG) for international aviation of net-zero carbon emissions by 2050,
adopted at the 41st ICAO Assembly in October 2022, there is currently no mandatory
scheme on the use of SAF 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 theuse of SAF.

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(12)

In order to prevent distortions of competition in the global air transport market, that could
lead to the loss of traffic flows connecting through Union airports and to carbon leakage
and in order to create a global market of SAF, the Union should take a global lead in theshift towards the use of SAF, engage in international negotiations to harmonise definitions
and standards of SAF and promote international convergence on the rules concerning the
production, uptake and uplift of SAF. The Commission and Member States should sustain
efforts at ICAO for an ambitious global framework for the production and uptake of SAF.
Furthermore, the Commission should regularly assess whether the provisions of thisRegulation have an adverse effect on the functioning of the Union air transport market, thesector’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.

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(13)

At Union level, general rules on renewable energy for the transport sector are set out inDirective (EU) 2018/2001 of the European Parliament and of the Council1. In the past,
such horizontal cross-sectoral regulatory frameworks have not proven effective to operatea transition from fossil fuels to SAF in air transport. Directive (EU) 2018/2001 and its
predecessor set out overarching targets across all transport modes to be supplied withrenewable fuels. As aviation is a relatively small fuels market for which renewable fuels
are more costly to produce in comparison to other transport modes, and operates in ahighly competitive and integrated Union air transport market, the regulatory framework
should be complemented with aviation-specific measures to effectively boost the
deployment of SAF. Further, national law transposing Directive (EU) 2018/2001 risks
creating significant fragmentation in the Union air transport market, where national rules
on SAF would set out widely differing targets. This would be expected to further
exacerbate the issues of level playing field in air transport.

1

Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December
2018 on the promotion of the use of energy from renewable sources(OJ L 328, 21.12.2018, p. 82).

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(14)

Therefore, uniform rules need to be laid down for the Union air transport market tocomplement Directive (EU) 2018/2001 and to deliver on its overall objectives byaddressing the specific needs and requirements arising from the Union air transport market
and promoting SAF. In particular, the present Regulation aims to avoid a fragmentation of
the Union air transport market, prevent possible competitive distortions between economic
actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators,
while fostering the development of SAF in the Union. Targeted support and financing at
the Union and national levels, as well as public and private partnerships can further
complement this Regulation to improve SAF availability and affordability and to further
accelerate the supply and uptake of SAF. Moreover, this Regulation should be without
prejudice to the obligations laid down in Directive (EU) 2018/2001; Member States canclaim the use of relevant fuels covered by this Regulation for achieving the objectives andtargets laid down in that Directive subject to the conditions and within the limits of that
Directive.

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(15)

This Regulation aims in the first instance to set out a framework restoring and preserving alevel playing field on the Union 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 puttingsome Union airports at competitive disadvantage with others. In a second instance, it aims
to gear the Union air transport market with robust rules to ensure that gradually increasing
shares of SAF can be introduced at Union airports without detrimental effects on thecompetitiveness of the Union air transport market.

(16)

It is essential to set harmonised rules across the internal market, applying directly and in a
uniform way to air transport market actors on the one hand, and aviation fuels market
actors on the other hand. The overarching framework set out by Directive (EU) 2018/2001
should be complemented with a lex specialis applying to air transport. It should include
gradually increasing minimum shares for the supply of SAF. Such minimum shares should
be carefully defined, taking into account the objectives of a well-functioning Union airtransport market, the need to decarbonise the air transport sector and the current status of
the SAF industry.

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(17)

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 andflights used only for operations for humanitarian, repatriation and returns, whether
voluntary or enforced, including readmissions, search, rescue, disaster relief or medical
purposes, as well as for customs, police and fire-fighting operations. Indeed, flights
operated in such circumstances are of exceptional nature and as such cannot always beplanned in the same way as standard commercial air transport flights. Due to the nature of
their operations, they might not always be in a position to fulfil obligations under thisRegulation, as it might represent an unnecessary burden. In order to cater for a levelplaying field across the Union aviation market, this Regulation should cover the largest
possible share of commercial air traffic operated from airports located on Union territory.
At the same time and in order to safeguard air connectivity for the benefits of the citizens,businesses and regions of the Union, it is important to avoid imposing an undue burden on
air transport operations at small airports. A threshold of yearly passenger air traffic andfreight traffic should be defined, below which airports would not be covered by thisRegulation; however, the scope of this Regulation should cover at least 95 % of total traffic
departing from airports located on the Union territory. For the same reasons, a thresholdshould be defined to exclude from the scope aircraft operators accountable for a very low
number of departures from airports located on Union territory.

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ENHowever, in order to achieve a higher level of ambition, Member States should be able todecide that an airport located on its territory, which does not reach the thresholds laid downin this Regulation or which is located in an outermost region as defined in Article 349 of
the Treaty on the Functioning of the European Union (TFEU), is subject to this Regulation.
An airport located on the Union territory that does not reach the thresholds laid down inthis Regulation, or located in outermost regions, should be able to request the respective
competent authorities to be treated as a Union airport and be subject to this Regulation.
Moreover, a person operating commercial air transport flights that does not reach thethresholds laid down in this Regulation or a person operating flights other than commercial
air transport flights using aviation turbine fuels should be able to decide to be treated as anaircraft operator for the purposes of this Regulation and therefore to be subject to thisRegulation or that its non-commercial air transport flights be covered by this Regulation.

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(18)

International aviation fuel standards define which types of conventional aviation fuels canbe blended or mixed with SAF, which affects the applicability of this Regulation asconcerns aviation fuels. Moreover, the definition of aviation fuels is limited to drop-in
fuels and therefore includes neither hydrogen nor electricity used to power aircraft.
Therefore, obligations on aviation fuel suppliers, Union airport managing bodies andaircraft operators apply to drop-in fuels whenever aviation fuels are referred to, unlesshydrogen or electricity is concerned.

(19)

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 disproportionallyaffected by the obligations resulting from this Regulation and that access of these regions
to essential goods and services is ensured. In order to help to safeguard the air-connectivityof 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 andother areas of the Union.

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(20)

Development and deployment of SAF with a high potential for sustainability, commercial
maturity and innovation and growth to meet future needs should be promoted. This should
support the creation of an innovative and competitive market for SAF and ensure thesufficient supply of SAF for aviation in the short and long term to contribute to Union
transport decarbonisation ambitions, while strengthening the Union’s efforts towards ahigh level of environmental protection. Incentives on the use of renewable fuels of nonbiological origin in transport granted under other Union law will have a positive impact on
the uptake of such fuels in aviation. A single, clear and robust sustainability framework isnecessary to provide legal certainty and continuity for the aviation and fuels industries
actors, on the eligibility of SAF under this Regulation. For this purpose, all aviation
biofuels which comply with the sustainability and lifecycle emissions criteria laid down in
Directive (EU) 2018/2001 and are certified in accordance with that Directive, with the
exception of biofuels produced from ‘food and feed crops’ and certain feedstock listed in
Article 4(5) of this Regulation, synthetic aviation fuels and recycled carbon aviation fuels
complying with the lifecycle emissions savings threshold referred to in that Directive
should be eligible. In that respect, to ensure consistency with other related Union policies,
the eligibility of aviation biofuels, synthetic aviation fuels and recycled carbon aviation
fuels should be based on the sustainability criteria and thresholds established in
Directive (EU) 2018/2001.

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In particular, SAF produced from feedstock listed in Part B of Annex IX to
Directive (EU) 2018/2001 are essential, as currently the most commercially maturetechnology to decarbonise air transport in the short term. The renewable share of fuels
produced through co-processing should be eligible under the definition of SAF, as long as
the renewable share is produced from feedstock listed in Directive (EU) 2018/2001 withthe exception of biofuels produced from ‘food and feed crops’ as defined in that Directive,
and of certain feedstock listed in Article 4(5) of this Regulation, determined in line withthe methodology to be set out in a Commission delegated regulation adopted pursuant to
Directive (EU) 2018/2001. Renewable hydrogen for aviation and low-carbon aviation fuels
achieving at least same level of lifecycle emissions savings as synthetic aviation fuels canplay a role in substituting conventional aviation fuels and support aviation decarbonisationand therefore should also be included within the scope of this Regulation.

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(21)

Given the use of feedstock for cosmetics and animal feed, aviation biofuels other thanadvanced biofuels as defined in Directive (EU) 2018/2001 and other than biofuels
produced from the feedstock listed in Part B of Annex IX to that Directive supplied acrossUnion airports by each aviation fuel supplier should account for a maximum of 3 % ofaviation fuel supplied for the purposes of complying with the minimum shares of SAF tobe supplied at each Union airport under this Regulation.

(22)

A wide pool of eligible feedstock is essential to maximise the potential for scaling up the
production of SAF at affordable costs, while at the same time guaranteeing its
sustainability. This Regulation excludes certain types of feedstock unless such feedstock is
included in Annex IX of Directive (EU) 2018/2001, and meets all applicable conditions ifsuch conditions are set out in that Annex. The list of feedstock eligible under thisRegulation should therefore not be static but should evolve over time to include newsustainable feedstock in line with that Directive. Changes in the list of feedstock in
Annex IX of that Directive, fulfilling the relevant conditions of that Annex, should bedirectly reflected in the list of eligible fuels under this Regulation for the production of
SAF.

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(23)

For sustainability reasons, feed and food crop-based aviation biofuels, including highindirect land-use change risk biofuels, 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 thepressure on land and can lead to the extension of agricultural land into areas withhigh-carbon stock, such as forests, wetlands and peatland, causing additional greenhousegas emissions and loss of biodiversity concerns. Research has shown that the scale of theeffect depends on a variety of factors, including the type of feedstock used for fuelproduction, 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 fromfeedstock for which a significant expansion of the production area into land with highcarbon stock is observed. Therefore, feed and food crop-based fuels should not bepromoted. 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 roadand rail transport, considering their lower environmental benefits, lower performance interms of greenhouse gas emissions reduction potential and broader sustainability concerns.
In addition to the greenhouse gas emissions linked to indirect land-use change – which iscapable of negating some or all greenhouse gas emissions savings of individual biofuels –indirect land-use change also poses risks to biodiversity.

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Those risks are particularly serious in connection with a potentially large expansion of
production determined by a significant increase in demand. The air transport 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 for food and feed crops-based biofuels bypromoting 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 theaviation sector. It is essential to minimise such a shift, as road transport currently remains
by far the most pollutant transport sector.

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(24)

Accurate and correct information about the characteristics of SAF is of major importancefor the proper functioning of this Regulation. In order to promote consumer confidence andensure transparency and traceability, aviation fuel suppliers should be responsible toprovide the correct information with regards to the characteristics of the SAF supplied, itssustainability characteristics and the origin of the feedstock used in the production of SAF.
That information should be reported in the Union database established in accordance with
Directive (EU) 2018/2001. Aviation fuel suppliers that have been proven to have provided
misleading or inaccurate information regarding the characteristics or origin of the SAF
they supply should be subject to a penalty. Member States should ensure that aviation fuelsuppliers enter timely and accurate information in the Union database and that that
information is verified and audited. In order to combat possible fraud, including as
concerns feedstock needed for the production of SAF imported from outside the Union, it
is necessary for Member States, in cooperation with the relevant Union bodies, tostrengthen the control mechanisms for shipments, including on-site audits, in accordancewith relevant Union rules. In this respect, the Commission set out implementing rules onsustainability certification in line with Directive (EU) 2018/2001 in order to further
harmonise and strengthen the rules on reliability, transparency and independent auditing aswell as on cooperation of competent authorities of the Member States in audit supervision.

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(25)

The present Regulation should aim at ensuring that aircraft operators can compete on thebasis of equal opportunities as regards the access to SAF. To avoid any distortions on theUnion air transport market, all Union airports should be supplied with uniform minimum
shares of SAF. Whereas the market is free to supply and use larger quantities of SAF, thisRegulation should ensure that the mandatory minimum shares of SAF are identical acrossall Union airports. In order to ensure clarity and legal certainty and in doing so encourage
market development and deployment of the most sustainable and innovative aviation fueltechnologies with growth potential to meet future needs, this Regulation should set out
gradually increasing minimum shares of SAF, including of synthetic aviation fuels overtime. Setting out dedicated minimum shares on synthetic aviation fuels as part of theminimum shares of SAF is necessary in view of the significant decarbonisation potential ofsuch aviation 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 much as 100 % emissions savings compared to conventional
aviation fuel. They also have notable advantages compared to other types of SAF withregards to resource efficiency (in particular for water needs) of the production process.
However, synthetic aviation fuels’ production costs are currently estimated at three to six
times higher than the market price of conventional aviation fuel. Therefore, this Regulation
should establish dedicated minimum shares for this technology.

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(26)

While ensuring the achievement of these Union harmonised requirements on SAF supply,
Member States could pursue supportive policies and initiatives that aim to increase thelevel of SAF production and uptake, including synthetic aviation fuels. Those policies andinitiatives should be transparent, non-discriminatory, proportionate and of a general nature
open to all enterprises. This Regulation should not prevent Member States from
implementing dedicated measures outside its scope aiming to facilitate the use of SAF or todecarbonise the air transport sector.

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(27)

Lack of common methodology, criteria and indicators adequately certified, reported andmonitored allows aircraft operators to claim levels of emissions performance of theirflights that cannot be compared with each other. Passengers need to be able to trust the
information from aircraft operators regarding the sustainability of the aviation fuels whichaircraft operators use and the sustainability of their flights to make informed choices whencomparing between different flight options, both for direct and indirect flights, offered byaircraft operators. In order for consumers to be able to make an informed choice, morerobust, reliable, independent and harmonised information is needed on the environmental
impact of flights. Therefore, it is necessary to set up the criteria and indicators used tocommunicate the level of the emissions performance of their flights under a voluntarycommon environmental label (the ʻlabelʼ). It should be possible to update them easily tokeep up with technological changes and international and European standards. Since someof the data necessary to calculate the level and quality of the SAF used and other criteria tomeasure the sustainability performance of a flight might be commercially sensitive, it isequally necessary that an independent body centralises the reports from the aircraft
operators, monitors their data, certifies their accuracy and issues a label at the appropriate
level. Considering the dynamic nature of data provided by aircraft operators, the label
should be subject to periodic control and validation, such as at the end of each IATA
season. Whenever necessary, that data would be based on estimations such as the averageload factor for a given flight, route and season. Considering that the European Union
Aviation Safety Agency (the ‘Agency’) has monitoring and reporting obligations under
this Regulation, it is appropriate that the Agency be the Union body in charge of theimplementation of the label. It is therefore appropriate to provide the conditions for theissuance of the label to measure the environmental performance of aviation and, in order toensure compliance with those conditions, to require the Agency to review them
periodically.

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(28)

With the introduction and ramping-up of SAF at Union airports, practices of fuel tankering
could be exacerbated as a consequence of aviation fuel cost increases. Tankering practices
are unsustainable and should be avoided as they undermine the Union’s efforts to reduce
the environmental impact 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 levelplaying field in the Union between aircraft operators, and between airports. This
Regulation should therefore require aircraft operators to refuel prior to the departure from agiven Union airport. The amount of fuel uplifted prior to the departure from a given Union
airport should be commensurate with the amount of fuel necessary to operate the flights
departing from that airport. The requirement ensures that equal conditions apply to Unionand foreign aircraft operators across the Union, while ensuring a high level ofenvironmental protection. As the Regulation does not define maximum shares of SAF in
all aviation fuels, aircraft operators and aviation fuel suppliers may pursue more ambitious
environmental policies with higher SAF uptake and supply in their overall network ofoperations, while avoiding fuel tankering. Nevertheless, this Regulation should also take
into account the fact that fuel tankering at times occurs in order to comply with fuel safety
rules in line with Commission Regulation No 965/20121 and in such cases is justified bysafety reasons.

1

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technicalrequirements and administrative procedures related to air operations pursuant to Regulation(EC) No 216/2008 of the European Parliament and of the Council(OJ L 296, 25.10.2012, p. 1)

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This may include for example cases of fuel shortage or fuel contamination at thedestination airport confirmed by a Notice to Airmen or Notice to Air Missions (NOTAM).
Furthermore, fuel tankering can be the consequence of specific operational difficulties forsome aircraft operators at some airports, inter alia in terms of disproportionate longer
turnaround times for aircraft or reduced airport capacity at peak times. The Commission
with the Agency should therefore closely monitor, evaluate and analyse reported cases offuel tankering and their underlying reasons and, if appropriate, submit legislative proposals
to amend this Regulation. This is without prejudice of the Commission’s and the Member
States competition authorities’ power under Articles 101 and 102 TFEU to investigate andsanction anticompetitive behaviour by actors on the market to protect the proper
functioning of the market for SAF, in particular, where information contained in the Union
database and other data reported to the competent authorities reveal anticompetitive
practices.

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(29)

However, this Regulation should provide for the possibility to exempt for a limited period
aircraft operators from the obligation to refuel prior to departure on specific routes
departing from Union airports in case those aircraft operators can demonstrate serious andrecurrent operational difficulties in refuelling aircraft at a given Union airport preventing
them from performing turnaround flights within a reasonable time, which might have an
impact on connectivity especially of peripheral regions, or structural fuel supply
difficulties leading to significantly higher prices of fuels compared to prices applied on
average to similar types of fuels in other Union airports. The significantly higher prices at
the Union airport in question should not primarily be the result of the higher use of SAF atthat Union airport.

(30)

The further uptake of SAF, that typically have lower aromatics and sulphur content, willcontribute to reducing the non-CO2 climate impact. A further reduction of the aromatic andsulphur 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, boththrough high energy density and lower maintenance costs due to lower soot levels.
Furthermore, interdependencies between CO2 and non-CO2 emissions should beconsidered. However, reducing the aromatics content in aviation fuels needs to be done
while adhering to international fuel safety rules and while preserving an international levelplaying field. Therefore, aviation fuel suppliers should report to the Agency and therelevant competent authorities the aromatics, naphthalenes and sulphur content of theaviation fuels supplied. When reporting such information, aviation fuel suppliers could rely
on relevant certificates on fuel quality produced to meet the requirements of international
fuel quality standards provided by fuels producers and blenders.

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(31)

In addition to its climate change effects, conventional aviation fuels also negatively impact
air quality. Increased uptake of SAF can play a role in improving air quality.

(32)

It is important to ensure that Union airport managing bodies covered by this Regulation
take the necessary measures to facilitate the access of aircraft operators to aviation fuelsthat contain SAF, so as not to constitute an obstacle with respect to the uptake of SAF. If
necessary, the competent authorities of the Member State where the Union airport islocated should be able to require the Union airport managing body to provide necessary
information on compliance with this Regulation for the seamless distribution and refuellingof aircraft operators with SAF. The role of the competent authorities should allow theUnion airport managing bodies and aircraft operators to have a common focal point, in theevent that technical clarification is necessary regarding the availability of aviation fuelinfrastructure. When electric or hydrogen-powered aircraft become mature andcommercially available and where appropriate, it will be necessary that Union airport
managing bodies, aviation fuel suppliers and fuel handlers covered by this Regulation, takeall necessary measures to cooperate and facilitate access to the appropriate infrastructure
for hydrogen and electric recharging for aircraft, in accordance with the respective national
policy framework for alternative fuels infrastructure.

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(33)

Many Union airports are supplied with aviation fuels principally via pipelines fromrefineries or SAF blending stations. It is therefore essential that the parties in charge ofsuch pipelines cooperate and take all necessary measures to enable the continued anduninterrupted access of aviation fuel suppliers to civil transport aviation fuels infrastructure
to supply both conventional aviation fuels and aviation fuels containing shares of SAF.

(34)

Aircraft operators should be required to report yearly to their respective competentauthority or authorities and to the Agency on their purchases of SAF, and on their
attributes. Information should be provided on the characteristics and origin of thefeedstock, conversion process and lifecycle emissions for each purchase and type of SAF.

(35)

Aircraft operators should also be required to report yearly on their actual aviation fueluplift per Union airport, including their compliance with applicable fuel safety rules, so as
to prove that no unjustified fuel tankering was performed. Reports should be verified byindependent verifiers and transmitted to the competent authority or authorities and to the
Agency for the purpose of monitoring and assessment of compliance. Independent verifiers
should determine the accuracy of the yearly aviation fuel required reported by the aircraft
operators using a tool approved by the Commission.

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(36)

Without prejudice to the data recorded by aviation fuel suppliers in accordance with
Directive (EU) 2018/2001 and Commission Implementing Regulation (EU) 2022/9961,
aviation fuel suppliers should be required to report yearly in the Union database referred toin that Directive, on their supply of aviation fuel, including SAF and its attributes.
Information should be provided on the characteristics and origin of the feedstock,conversion processes and lifecycle emissions of supplied SAF. Information on
characteristics of SAF includes the type of product and raw materials used and othersustainability characteristics required for demonstrating compliance of SAF with thesustainability criteria under Directive (EU) 2018/2001.

(37)

Member States should designate a competent authority or authorities responsible for
enforcing the application of this Regulation upon aircraft operators, Union airports
managing bodies and aviation fuel suppliers. This Regulation should define the rules forthe attribution of aircraft operators, Union airport managing bodies and aviation fuelsuppliers to competent authorities. The Agency should send to the competent authorities
data aggregated for the aircraft operators and aviation fuel suppliers for which theseauthorities are competent. As far as possible, the level of aggregation should make itpossible for the competent authorities to compare that aggregated data with other data
sources.

1

Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify
sustainability and greenhouse gas emissions saving criteria and low indirect land-use
change-risk criteria (OJ L 168, 27.6.2022, p. 1).

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(38)

The Agency should publish a technical report on a yearly basis and forward it to theEuropean Parliament and to the Council. This is necessary in order to provide clear
visibility on the implementation of this Regulation, on the purchase and supply of SAF in
the Union and in the relevant third countries, on the state of market, including informationon the evolution of the price gap between SAF and fossil fuels, and on the composition ofaviation fuel.

(39)

Without additional procedures, it is not possible to determine accurately whether aircraft
operators have physically uplifted shares of SAF in their tanks at specific Union airports.
Therefore, aircraft operators should be allowed to report on their use of SAF based onpurchasing records. Aircraft operators should be entitled to receive from the aviation fuelsupplier the information that is necessary to report on the SAF purchase. The purpose ofusing the mass balance system referred to in Directive (EU) 2018/2001 is to ensure thetraceability of aviation fuels, and aviation fuel suppliers may demonstrate compliance withthis Regulation by using such a mass balance system, including when such a system isshared between two or more Member States.

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(40)

The introduction in the Union of a mandate on the uptake of SAF could lead to an undue
competitive disadvantage for Union airlines that operate direct long-haul flights from a
Union airport in comparison with their competitors that connect via an airport hub outside
the scope of this Regulation without equivalent SAF policies. In order to further promote
the uptake of SAF in the Union, for which prices are projected to have a substantial pricedifference compared to conventional aviation fuels in the foreseeable future, aircraft
operators should be able to claim allowances for the uplifting of SAF in accordance with
the EU ETS.

(41)

In order to promote the uptake of SAF that are projected to have a substantial pricedifference compared to conventional aviation fuels, it is essential that aircraft operators areable to claim the use of SAF under greenhouse gas schemes such as the EU ETS or
CORSIA, at their own discretion, without double claiming the reduction of emissions.
Aircraft operators should not claim benefits for the use of a batch of SAF under more than
one greenhouse gas scheme. Aviation fuel suppliers should be requested to provide free ofcharge to aircraft operators any information pertaining to the properties of the SAF sold tothat aircraft operator and that is relevant for reporting purposes by the aircraft operator
under this Regulation or greenhouse gas schemes.

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(42)

In order to ensure a level playing field of the aviation internal market and the adherence tothe climate ambitions of the Union, this Regulation should introduce effective,
proportionate and dissuasive penalties on aviation fuel suppliers and aircraft operators incase of non-compliance. The level of the penalties needs to be proportionate to theenvironmental damage and to the damage created on the level-playing field of the internalmarket inflicted by the non-compliance. When imposing fines and other penalties, theauthorities should take into account the evolution of the price of aviation fuel and SAF in
the reporting year and may also take into account the degree of non-compliance, forexample where there are repeated infringements.

(43)

The transition from fossil fuels to SAF will play a considerable role in facilitating
decarbonisation. However, considering the current underdevelopment of the Union market
for SAF, the high level of competition between aircraft operators and the important pricedifferential between conventional aviation fuels and SAF, this transition should be
supported through incentives that reflect the environmental benefit of SAF and make themmore competitive for aircraft operators. Using revenues generated from the fines, or theequivalent in the financial value of those revenues, to support research and innovation
projects in the field of SAF, the production of SAF or mechanisms allowing the pricedifferences between SAF and conventional aviation fuels to be bridged would contribute to
the achievement of that objective.

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(44)

The fines liable on the aviation fuel suppliers who fail to meet the minimum shares set out
in this Regulation should be complemented by the obligation to supply the market with thequantities of SAF, including synthetic aviation fuels, corresponding to the shortfall of
meeting the minimum shares set out in Article 4 and Annex I in the subsequent reporting
period. Nevertheless, aviation fuel suppliers should have flexibility in meeting theobligations with respect to the supply of synthetic aviation fuels and the related shortfall
obligation in a transitional period between 2030 and 2034, when this obligation enters into
force for the first time, in order to facilitate the transition and achievement of the targets.

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(45)

It is essential to ensure that the minimum shares of SAF can be successfully supplied to theaviation market without supply shortages. For this purpose, a flexibility mechanism should
be designed and applied to allow a lead-time of 10 years for the SAF industry to develop
production and supply capacity accordingly and to allow aviation fuel suppliers to meettheir obligations in the most cost-effective way, without reducing the overall
environmental ambitions of this Regulation, as well as to allow Union airports managing
bodies, aviation fuel suppliers and aircraft operators to make the necessary technologicaland logistical investments. The supply of SAF should start in 2025, with the flexibility
provided for in the flexibility mechanism. During the application of the flexibility
mechanism, aviation fuel suppliers may supply aviation fuel containing higher shares of
SAF in certain airports to compensate for aviation fuels with lower shares of SAF in otherairports or for the reduced availability of conventional aviation fuel at other airports.
Similarly, in order to provide legal certainty and predictability for the market and drive
investments durably towards SAF production capacity, this Regulation should remain
stable over time.

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(46)

The successful transition to SAF requires a comprehensive 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 andup-skilling of workers, as well as technological and operational measures, and thedeployment of SAF and of zero-emission technologies, including the necessary refuelling
and recharging infrastructure in Union airports, taking into account the energy efficiency
first principle. For this purpose, the revenues generated by the fines under this Regulation
should be allocated to SAF projects. Furthermore, the setting up of a European Industrial
Alliance through a voluntary collaboration of stakeholders in the value chain aims tofurther foster SAF supply and uptake in Europe.

(47)

Research and innovation have played a substantial role in the development of SAF andsynthetic aviation fuels and the production capacity building. The development andproduction of SAF should exponentially increase in the coming years. It is therefore
important to continue these efforts and facilitate investment in SAF. Investment into SAF
capacity projects present both an environmental and an industrial opportunity, withspillover effects in terms of job creation and innovation.

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(48)

In order to increase the environmental effectiveness of Union measures and to facilitate theability of aviation fuel suppliers to meet their SAF supply obligations and the uplifting of
SAF by aircraft operators in a cost-effective way and hence to strengthen thecompetitiveness of the Union aviation sector, the Commission should, after consulting all
relevant stakeholders, assess whether further measures should be taken to facilitate thecost-effective distribution and use of SAF in the Union air transport market by separating
the purchase of SAF from its physical delivery and use. This could be done, inter alia, byassessing the feasibility of setting-up a system of tradable SAF supply and purchasecertificates, with elements of a book and claim scheme, while guaranteeing a level playing
field and a high level of environmental integrity, ensuring consistency with other Union
law, including Directives 2003/87/EC and 2009/28/EC, as well as minimising the risk of
fraud, irregularities or double claiming. In its analysis, the Commission should take into
consideration all relevant global trends and initiatives, as well as the potential impact thatsuch a system could have on the functioning of the market, including with regards to any
market volatility, price evolution or trading behaviour of market participants.

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(49)

This Regulation should include provisions for periodic reports to the European Parliament
and to the Council on the evolution of the aviation and fuels markets, on theimplementation of this Regulation and its impact on the Union air transport market, on
connectivity for islands and remote territories and on the competitiveness of Union air
carriers and airport hubs in comparison with their competitors in neighbouring countries,
the effectiveness of key features of this Regulation such as the minimum shares of SAF,
the level of fines or policy developments on SAF uptake at international level. Suchelements are key to provide a clear state of play of the SAF market and should be taken
into account when considering a revision of this Regulation. The Commission’s reports
should also refer to the interaction of this Regulation with other relevant legislative acts,
identifying provisions that may be updated and simplified, as well as actions and measuresthat have been or could be taken to reduce the total cost pressure on the air transport sector.
In those reports, the Commission should consider options for amendments, whereappropriate, including mechanisms to support the production and uplifting of SAF as wellas mechanisms allowing the price differences between SAF and conventional aviation
fuels to be bridged in order to limit the adverse impact of this Regulation on air
connectivity and competition and to mitigate carbon leakage.

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(50)

The requirement laid down by this Regulation to ensure that minimum shares of SAF are
made available at each Union airport could incentivise aircraft operators operating
connecting flights departing from Union airports with a final destination outside the Union
to transit via non-EU airport hubs which are not subject to that requirement rather than via
EU airport hubs. This could lead to distortions of competition at the expense of Union
airports and operators using such airports and to a risk of carbon leakage. In the absence ofa mandatory scheme on the use of SAF for international flights at ICAO level or incomprehensive multilateral or bilateral air transport agreements between the Union and/or
its Member States and third countries with a similar level of ambition in comparison withthe requirements outlined in this Regulation and the objectives of the Paris Agreement1,
adopted under the United Nations Framework Convention on Climate Change, or ofmechanisms developed at international level to prevent the risk of carbon leakage and of
distortion of competition, the Commission should in particular consider the development oftargeted mechanisms aiming at preventing those effects.

1

OJ L 282, 19.10.2016, p. 4.

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(51)

In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission with respect to the
exemptions of the obligation to refuel prior departure that may be granted to aircraft
operators and to establish the detailed provisions and technical standards for thefunctioning of the labelling system. Those powers should be exercised in accordance with
Regulation (EU) No 182/2011 of the European Parliament and of the Council1.

(52)

The transition to SAF 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 forthis move is only accentuated by the current international political situation.

(53)

Since the objective of this Regulation, namely to maintain a level playing field on theUnion air transport market while increasing the use of SAF, cannot be sufficiently
achieved by the Member States due to the cross-border nature of aviation, but can rather,by reason of the characteristics of the market and effects of the action, be better achieved atUnion level, the Union may adopt measures, in accordance with the principle ofsubsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with theprinciple of proportionality, as set out in that Article, this Regulation does not go beyond
what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

1

Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning mechanisms forcontrol by Member States of the Commission’s exercise of implementing powers(OJ L 55, 28.2.2011, p. 13).

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Article 1
Subject matter
This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels(SAF).

Article 2
Scope
1.

This Regulation applies to aircraft operators, to Union airports and their respective Union
airport managing bodies, and to aviation fuel suppliers.
Without prejudice to paragraph 3, this Regulation shall apply only to commercial airtransport flights.

2.

A Member State may decide, after consulting the airport managing body, that an airport
not covered by Article 3, point (1), located on its territory, is to be treated as a Union
airport for the purposes of this Regulation, provided that the requirements laid down in
Article 6(1) are fulfilled at the time of the Member State decision.

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An airport managing body for an airport not covered by Article 3, point (1), located on the
territory of a Member State, may make a request for that airport to be treated as a Union
airport for the purposes of this Regulation, provided that it fulfils the requirements laid
down in Article 6(1) at the time of that request. That airport managing body shall notify theMember State whose authority or authorities are responsible for the airport under
Article 11(6) of that request. That notification shall be accompanied by a confirmation thatthe airport fulfils the requirements laid down in Article 6(1).
The Member State concerned shall notify the decision referred to in the first subparagraphof this paragraph to the Commission and the European Union Aviation Safety Agency(the ʻAgencyʼ) at least six months before the beginning of the reporting period from whichthat decision applies. The Member State decision shall be accompanied by a reasoned
opinion showing that it is based on proportionate and non-discriminatory criteria, among
airports sharing similar competitive characteristics.

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3.

A person operating commercial air transport flights who is not covered by Article 3,
point (3), may decide to be treated as an aircraft operator for the purposes of thisRegulation. A person operating flights other than commercial air transport flights within
the meaning of Article 3, point (4), may decide to be treated as an aircraft operator for the
purposes of this Regulation. A person covered by Article 3, point (3), may decide that its
non-commercial air transport flights are also to be covered by this Regulation. Any such
person shall notify its decision to the Member State whose competent authority or
authorities are responsible for that aircraft operator in accordance with Article 11(5). That
Member State shall notify that decision to the Commission and the Agency at least six
months before the beginning of the reporting period from which that decision applies.

4.

On the basis of the information received pursuant to paragraphs 2 and 3, the Commission
shall provide an updated and consolidated list of the Union airports and aircraft operatorsconcerned. That list shall be easily accessible.

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Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:(1)‘Union airport’ means an ‘airport’ as defined in Article 2, point (1), of Directive
2009/12/EC of the European Parliament and of the Council1 where passenger traffic washigher than 800 000 passengers or where the freight traffic was higher than 100 000 tonnes
in the previous reporting period, and which is not situated in an outermost region, as listed
in Article 349 TFEU;(2)‘Union airport managing body’ means, in respect of a Union airport, the ‘airport managing
body’ as defined in Article 2, point (2), of Directive 2009/12/EC or, where the Member
State concerned has reserved the management of the centralised infrastructures for fueldistribution systems for another body pursuant to Article 8(1) of
Council Directive 96/67/EC2, that other body;(3)‘aircraft operator’ means a person that operated at least 500 commercial passenger airtransport flights, or 52 commercial all-cargo air transport flights departing from Union
airports in the previous reporting period or, where it is not possible for that person to be
identified, the owner of the aircraft;

1
2

Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on
airport charges (OJ L 70, 14.3.2009, p. 11).
Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market atCommunity airports (OJ L 272, 25.10.1996, p. 36).

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(4)

‘commercial air transport flight’ means a flight operated for the purposes of transport ofpassengers, cargo or mail for remuneration or hire, including a business aviation flight
operated for commercial purposes;(5)‘route’ means a journey carried out on a flight, having regard to the places of departure anddestination of that flight;(6)‘aviation fuel’ means drop-in fuel manufactured for direct use by aircraft;(7)‘sustainable aviation fuels’ (‘SAF’) means aviation fuels that are either:

(8)

(a)

synthetic aviation fuels;(b)aviation biofuels; or(c)recycled carbon aviation fuels;‘aviation biofuels’ means aviation fuels that are either:(a)‘advanced biofuels’ as defined in Article 2, second paragraph, point (34), of
Directive (EU) 2018/2001;(b)‘biofuels’ as defined in Article 2, second paragraph, point (33), of
Directive (EU) 2018/2001, produced from the feedstock listed in Part B of Annex IX
to that Directive; or

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(c)

‘biofuels’ as defined in Article 2, second paragraph, point (33), of
Directive (EU) 2018/2001, with the exception of biofuels produced from ‘food andfeed crops’ as defined in Article 2, second paragraph, point (40), of that Directive,
and which comply with the sustainability and lifecycle emissions savings criteria laid
down in Article 29 of that Directive and are certified in compliance with Article 30of that Directive;(9)‘recycled carbon aviation fuels’ means aviation fuels that are ‘recycled carbon fuels’ as
defined in Article 2, second paragraph, point (35), of Directive (EU) 2018/2001, which
comply with the lifecycle emissions savings threshold referred to in Article 29a(2) of that
Directive and are certified in compliance with Article 30 of that Directive;(10)‘batch’ means a quantity of SAF that can be identified with a number and can be traced;(11)‘lifecycle emissions’ means carbon dioxide equivalent emissions of SAF that take into
account carbon dioxide equivalent emissions of energy production, transport, distribution
and use on-board, including during combustion, calculated in accordance with themethodologies adopted pursuant to Article 28(5) or Article 31(5) of Directive(EU) 2018/2001 or pursuant to relevant Union law;

(12)

‘synthetic aviation fuels’ means aviation fuels that are ‘renewable fuels of non-biologicalorigin’, as defined in Article 2, second paragraph, point (36), of Directive (EU) 2018/2001,
which comply with the lifecycle emissions savings threshold referred to in Article 29a(1)of that Directive and are certified in compliance with Article 30 of that Directive;

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(13)

‘synthetic low-carbon aviation fuels’ means aviation fuels that are of non-biological origin,
the energy content of which is derived from non-fossil low-carbon hydrogen, which meet
lifecycle emissions savings threshold of 70 % and the methodologies for assessing suchlifecycle emissions savings pursuant to relevant Union law;

(14)

‘conventional aviation fuels’ means aviation fuels produced from fossil non-renewablesources of hydrocarbon fuels;(15)‘low-carbon hydrogen for aviation’ means hydrogen for use in aircraft the energy content
of which is derived from non-fossil non-renewable sources, which meets a lifecycle
emissions savings threshold of 70 % and the methodologies for assessing such lifecycle
emissions savings pursuant to relevant Union law;(16)

‘renewable hydrogen for aviation’ means hydrogen for use in aircraft that qualifies as a‘renewable fuel of non-biological origin’, as defined in Article 2, second paragraph,point (36), of Directive (EU) 2018/2001, and which complies with the lifecycle emissions
savings threshold referred to in Article 29a(1) of that Directive and is certified incompliance with Article 30 of that Directive;(17)‘hydrogen for aviation’ means renewable hydrogen for aviation or low-carbon hydrogenfor aviation;(18)‘low-carbon aviation fuels’ means synthetic low-carbon aviation fuels or low-carbonhydrogen for aviation;

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(19)

‘aviation fuel supplier’ means a ‘fuel supplier’ as defined in Article 2, second paragraph,point (38), of Directive (EU) 2018/2001, supplying aviation fuel or hydrogen for aviation
at a Union airport;(20)‘fuel handler’ means a supplier of groundhandling services that organises and carries out
fuelling and defuelling operations, including the storage of fuel and the control of thequality and quantity of fuel deliveries, to aircraft operators at Union airports, as referred toin the Annex to Directive 96/67/EC;(21)‘principal place of business’ means the head office or registered office of an aviation fuelsupplier in the Member State within which the principal financial and operational controlof the aviation fuel supplier takes place;(22)‘reporting year’ means a period of one year, in which the reports referred to in Articles 8
and 10 are to be submitted, starting 1 January and ending 31 December;(23)‘reporting period’ means a period from 1 January until 31 December of the year preceding
the reporting year;(24)‘yearly aviation fuel required’ means the amount of aviation fuel referred to as ‘trip fuel’and ‘taxi fuel’ in Annex IV to Commission Regulation No 965/20121 that is necessary tooperate all the flights covered by this Regulation operated by an aircraft operator, departingfrom a given Union airport, over the course of a reporting period;

1

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technicalrequirements and administrative procedures related to air operations pursuant toRegulation (EC) No 216/2008 of the European Parliament and of the Council(OJ L 296, 25.10.2012, p. 1).

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(25)

‘yearly non-tanked quantity’ means the difference between the yearly aviation fuelrequired and the actual fuel uplifted by an aircraft operator prior to flights covered by thisRegulation departing from a given Union airport, over the course of a reporting period;(26)‘total yearly non-tanked quantity’ means the sum of the yearly non-tanked quantities by anaircraft operator at all Union airports over the course of a reporting period;(27)‘greenhouse gas scheme’ means a scheme granting benefits to aircraft operators for the useof SAF.

Article 4
Shares of SAF available at Union airports
1.

Subject to Article 15, aviation fuel suppliers shall ensure that all aviation fuel madeavailable to aircraft operators at each Union airport contains the minimum shares of SAF,
including the minimum shares of synthetic aviation fuel in accordance with the values anddates of application set out in Annex I. Without prejudice to those minimum shares,
aviation fuel suppliers shall also ensure that all aviation fuel made available to aircraft
operators at each Union airport over the periods from 1 January 2030 until
31 December 2031 and from 1 January 2032 until 31 December 2034 contains at least the
average shares of synthetic aviation fuels in accordance with the values set out in Annex I.

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ENThis obligation shall also be deemed to be met where the minimum shares mentioned in
the first subparagraph are reached using:

2.

(a)

renewable hydrogen for aviation;(b)

low-carbon aviation fuels.

For the purpose of the calculation of the minimum shares in Annex I, when hydrogen foraviation is made available to aircraft operators at Union airport:(a)the values regarding the energy content of all relevant fuels shall be those referred toin Article 27(2), points (f) and (g) of, and Annex III to, Directive (EU) 2018/2001 or
relevant international aviation standards regarding fuels not included in that Annex;
and

(b)

the energy content of hydrogen for aviation supplied shall be taken into account bothin the numerator and in the denominator.

3.

Where an aviation fuel supplier makes use of the possibility laid down in the second
subparagraph of paragraph 1 or where an aircraft operator uplift fuels referred to in thatsubparagraph, references to SAF in Article 3, points (10), (11) and (27), Articles 8, 9 and
10, Article 12(6) and (7), Article 13(1), points (a), (b) and (g), Article 14, Article 15(1) andAnnex II shall be construed as referring also to low-carbon aviation fuels and to renewablehydrogen for aviation.

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4.

For each reporting period, aviation biofuels other than advanced biofuels as defined in
Article 2, second paragraph, point (34), of Directive (EU) 2018/2001 and other thanbiofuels produced from the feedstock listed in Part B of Annex IX to that Directive,
supplied across Union airports by each aviation fuel supplier, shall account for a maximumof 3 % of aviation fuels supplied for the purposes of complying with the minimum sharesreferred to in paragraph 1 of this Article and Annex I to this Regulation.

5.

SAF produced from the following feedstocks shall be excluded from the calculation of theminimum shares of SAF set out in Annex I to this Regulation: ‘food and feed crops’ as
defined in Article 2, second paragraph, point (40), of Directive (EU) 2018/2001,
intermediate crops, palm fatty acid distillate and palm and soy-derived materials, and soap
stock and its derivatives.
However, that exclusion shall not apply to any feedstock that is included in Annex IX to
Directive (EU) 2018/2001, under the conditions set out in that Annex.

6.

Aviation fuel suppliers may demonstrate compliance with the obligation contained inparagraph 1 of this Article by using the mass balance system referred to in Article 30 of
Directive (EU) 2018/2001.

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7.

Without prejudice to the application of Article 12(4) and (5), where an aviation fuelsupplier 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. Exceptionally,
where an aviation fuel supplier fails to supply the average shares of synthetic aviation fuelover the period from 1 January 2030 until 31 December 2031, it shall at least complementthat shortfall before the end of the period from 1 January 2032 until 31 December 2034,
and where an aviation fuel supplier fails to supply the average shares of synthetic aviationfuel over the period from 1 January 2032 until 31 December 2034, it shall at least
complement that shortfall in the subsequent reporting period.

Article 5
Refuelling obligation for aircraft operators
1.

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.

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2.

An aircraft operator may fall below the threshold in paragraph 1 of this Article where
necessary for reasons of compliance with applicable fuel safety rules. In such cases, theaircraft operator concerned shall duly justify to the competent authority or authorities
referred to in Article 11(6) and the Agency falling below that threshold, including giving
an indication of the routes impacted. That information shall be included in the report under
Article 8. The associated fuel quantities shall be reported separately in accordance with
Article 8.

3.

Exceptionally, an aircraft operator may, when duly justified, request from the competentauthority or authorities referred to in Article 11(6) a temporary exemption from theobligation laid down in paragraph 1 of this Article for the flights on a specific existing or
new route of less than 850 kilometres, or 1 200 kilometres for routes connecting with
airports situated on islands without rail or road connections, departing from a Union
airport. That distance shall be measured by the great circle route method.
Such request shall be made at least three months before the envisaged date of applicationof the exemption, supported by a detailed and adequate justification. Such exemption
should be limited to the following situations:(a)serious and recurrent operational difficulties in refuelling aircraft at the given Union
airport preventing aircraft operators from performing turnarounds within areasonable time; or

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(b)

structural aviation fuel supply difficulties stemming from the geographic
characteristics of a given Union airport, leading to significantly higher prices ofaviation fuels compared to prices applied on average to similar types of aviation fuelsin other Union airports due in particular to specific fuel transport constraints or tolimited availability of fuels at that Union airport and placing the aircraft operator
concerned at a significant competitive disadvantage compared to market conditions
existing in other Union airports with similar competitive characteristics.

4.

The competent authority or authorities shall assess that request. In light of the justification
provided, it may ask for additional information.

5.

The competent authority or authorities shall take a decision on that request without undue
delay at the latest one month before the date of application of the envisaged exemption.
Where the competent authority or authorities ask for additional information pursuant toparagraph 4, the deadline for the competent authority or authorities to take a decision shallbe suspended until complete information is provided by the aircraft operator.
The exemption granted shall have a limited period of validity, not exceeding one year, after
which it shall be reviewed upon request of the aircraft operator.

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6.

The competent authority or authorities shall take a decision to accept or reject any first
request for exemption submitted pursuant to paragraph 3. Failure to adopt such a decision
within the time limit laid down in paragraph 5 shall not be considered to be a decisionauthorising the requested exemption. Failure to adopt a decision relating to a request for
the renewal of an existing exemption, provided that such request is supported by a detailed
and adequate justification, at the latest one month before the date of the envisaged renewal
shall be considered to be a decision of authorisation to continue applying the requested
exemption.

7.

The aircraft operator shall have the right to appeal a decision of the competent authority or
authorities that reject a request for exemption.

8.

The competent authority or authorities shall notify the list of authorised and rejected
exemptions to the Commission, giving the justification for its decision and the assessment
upon which it is based. The Commission shall publish the list of authorised exemptions
and update that list at least once a year.

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9.

Following a written complaint submitted by a Member State, an aircraft operator, themanaging body of the Union airport concerned, or an aviation fuel supplier, or on its own
initiative, the Commission may, after assessing the justification provided for the exemption
granted pursuant to paragraph 5 of this Article in the light of the criteria set out in ofparagraph 3 of this Article, adopt implementing acts requesting the competent authority or
authorities to adopt a decision repealing that exemption from the beginning of the nextscheduling period within the meaning of Article 2, point (d), of Council Regulation(EEC) No 95/931. When that scheduling period starts less than two months after the
publication of the decision, the decision repealing the exemption shall start applying fromthe beginning of the following scheduling period. Those implementing acts shall be
adopted in accordance with the advisory procedure referred to in Article 16(2).

10.

In order to be able to adopt the implementing acts referred to in paragraph 9, theCommission may request all necessary information from Member States and aircraft
operators. Member States and aircraft operators shall provide such information without
undue delay. Member States shall facilitate the provision of information by aircraft
operators.

11.

The Commission shall, by 1 September 2024, adopt guidelines on the application of the
exemptions referred to in this Article. Such guidelines shall include elements that anaircraft operator is to provide to justify those exemptions.

1

Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocationof slots at Community airports (OJ L 14, 22.1.1993, p. 1).

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Article 6
Obligations of Union airport managing body to facilitate the access to SAF
1.

Union airport managing bodies shall take all necessary measures to facilitate the access ofaircraft operators to aviation fuels containing minimum shares of SAF in accordance withthis Regulation.

2.

Where aircraft operators report to the competent authority or authorities difficulties inaccessing at a given Union airport aviation fuels containing minimum shares of SAF in
accordance with this Regulation, the competent authority or authorities shall request theUnion airport managing body to provide the information necessary to prove compliancewith paragraph 1. The Union airport managing body concerned shall provide theinformation to the competent authority without undue delay.

3.

The competent authority or authorities shall assess all the information received inaccordance with paragraph 2. Where the competent authority or authorities concludes that
the Union airport managing body fulfils its obligations under paragraph 1, it shall informthe Commission and the Agency thereof. In cases of non-compliance, the competentauthority or authorities shall request the Union airport managing body to identify and takethe necessary measures to address the lack of adequate access of aircraft operators toaviation fuels containing minimum shares of SAF without undue delay, and in any case nolater than three years after the request of the competent authority pursuant to paragraph 2.

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4.

For the purpose of paragraphs 2 and 3, where appropriate, aviation fuel suppliers, fuelhandlers, aircraft operators and any other party concerned by the reported difficulties, shallprovide, upon request and without undue delay, all the necessary information to the Union
airport managing body and cooperate with the Union airport managing body in identifying
and taking the necessary measures to address the reported difficulties.

5.

The competent authority or authorities shall transmit without undue delay all the relevant
information provided under paragraphs 2 and 3 of this Article to the Agency to enable it todraw up the technical report referred to in Article 13.

Article 7
Promoting hydrogen and electricity supply at the Union airports
1.

Union airport managing bodies, aviation fuel suppliers and fuel handlers shall, whereappropriate, cooperate with their respective Member State for the preparation of thenational policy frameworks for the deployment of alternative fuels infrastructure in airports
falling within the scope of Regulation (EU) …/… of the European Parliament and of theCouncil1+.

1+Regulation (EU) 2023/… of the European Parliament and of the Council of … on the
deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU(OJ L …).
OJ: please insert in text the serial number of the Regulation contained in document
PE-CONS 25/23 (2021/0223 (COD)) and insert in the corresponding footnote the serial
number, date and publication reference for that Regulation.

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2.

Union airport managing bodies, aviation fuel suppliers and fuel handlers shall, whereappropriate, in accordance with the national policy frameworks referred to in paragraph 1
when such a framework has been adopted, cooperate and undertake efforts to facilitate theaccess of aircraft operators to hydrogen or electricity used primarily for the propulsion ofan aircraft and to provide the infrastructure and services necessary for the delivery, storage
and uplifting of such hydrogen or electricity to refuel or recharge aircraft in line withnational policy frameworks for deployment of alternative fuel infrastructure where
relevant.

3.

By 31 March 2025, and every two years thereafter, Union airport managing bodies shallreport to the competent authorities and the Agency on the state of advancement of existing
projects, for their respective Union airport, that pursue any of the initiatives referred to inparagraph 2. That report shall include information, which is publicly available or which
can be made public, including, where appropriate, projections on the volumes and type ofhydrogen and electricity production and supply to aircraft operators at the Union airport aswell as deployment plans for recharging and refuelling infrastructure and services wheresuch plans are adopted.

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Article 8
Reporting obligations for aircraft operators
1.

By 31 March of each reporting year, and for the first time in 2025, aircraft operators shallreport the following information with respect to a given reporting period to the competentauthorities and the Agency:(a)the total amount of aviation fuel uplifted at each Union airport, expressed in tonnes;(b)

the yearly aviation fuel required, per Union airport, expressed in tonnes;(c)the yearly non-tanked quantity, per Union airport, which is to be reported as 0 (zero)
if the yearly non-tanked quantity is negative or if it is lower than or equal to 10 % of
the yearly aviation fuel required;(d)the yearly tanked quantity, per Union airport for reasons of compliance withapplicable fuel safety rules pursuant to Article 5(2), expressed in tonnes;(e)the total amount of SAF purchased from aviation fuel suppliers, for the purpose ofoperating their flights covered by this Regulation, departing from Union airports,
expressed in tonnes;

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(f)

for each purchase of SAF, the name of the aviation fuel supplier, the amountpurchased expressed in tonnes, the conversion process, the characteristics and originof the feedstock used for production, and the lifecycle emissions of the SAF, and,
where one purchase includes different types of SAF with differing characteristics,
providing that information for each type of SAF;

(g)

total flights operated covered by this Regulation departing from Union airports,
expressed in number of flights and in flight hours.

2.

The report shall be presented in accordance with the templates laid down in Annex II.

3.

The report shall be verified by an independent verifier in accordance with the requirements
set out in Articles 14 and 15 of Directive 2003/87/EC, and the implementing acts adopted
on the basis thereof.

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Article 9
Aircraft operator claiming of use of SAF
1.

Aircraft operators shall not claim benefits for the use of an identical batch of SAF undermore than one greenhouse gas scheme. The emission factor for the use of SAF under the
EU Emission Trading System (EU ETS) is established in Annex IV to
Directive 2003/87/EC or the implementing acts adopted pursuant to Article 14 of that
Directive. For the purpose of allocating allowances under the EU ETS,
Directive 2003/87/EC shall apply. For the purpose of allocating allowances reserved forthe uplifting of SAF under the EU ETS, Article 3c(6) of Directive 2003/87/EC shall apply.
Together with the report referred to in Article 8, aircraft operators shall provide theAgency with:(a)a declaration of the greenhouse gas schemes that they participate in and in which it ispossible for them to report SAF;(b)a declaration that they have not reported under more than one greenhouse gas scheme
identical batches of SAF; and(c)information on participation in Union, national or regional financial support schemesthat enables aircraft operators to be compensated for the costs of SAF purchased andinformation on whether the same batch of SAF has received support under more than
one financial support scheme.

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2.

For the purpose of reporting SAF use under Article 8 of this Regulation, or under agreenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with
relevant, accurate information relating to the reporting period, free of charge, as soon as
possible, and in any case not later than 14 February of each reporting year.

3.

The aircraft operator may request the aviation fuel supplier to provide it with theinformation referred to in paragraph 2 for other reporting obligations, including thoseunder national law. The aviation fuel supplier shall provide that information free of charge.
Where the request concerns information relating to a period that has already ended at thetime of the request, the aviation fuel supplier shall provide that information within 90 days
from the date of that request. Where the request concerns information relating to areporting period that has not yet ended at the time that the request was made, the aircraft
operator shall endeavour to submit its request at least 45 days before the end of that period.
The aviation fuel supplier shall provide that information within 45 days from the end ofthat period.

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Article 10
Reporting obligations for aviation fuel suppliers
By 14 February of each reporting year, and for the first time in 2025, aviation fuel suppliers shallreport in the Union database referred to in Article 31a of Directive (EU) 2018/2001, the following
information relating to the reporting period:(a)the amount of aviation fuel supplied at each Union airport, expressed in tonnes;(b)

the amount of SAF supplied at each Union airport, and for each type of SAF, as detailed inpoint (c), expressed in tonnes;(c)

the conversion process, the characteristics and origin of the feedstock used for production,and the lifecycle emissions of each type of SAF supplied at Union airports;(d)the content of aromatics and naphthalenes by percentage volume and of sulphur by
percentage mass in aviation fuel supplied per batch, per Union airport and at Union level,
indicating the total volume and mass of each batch and test method applied to measure thecontent of each substance at batch level;(e)the energy content for aviation fuel and SAF supplied at each Union airport, for each typeof fuel.

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Member States shall have the necessary legal and administrative framework in place at national
level to ensure that information entered by aviation fuel suppliers in that Union database is accurate,and has been verified and audited pursuant to Article 31a of Directive (EU) 2018/2001.
The Agency and the competent authorities shall have access to that Union database. The Agency
shall use the information contained in that Union database, once the information has been verified at
Member State level pursuant to Article 31a of Directive (EU) 2018/2001.

Article 11Competent authority
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, on the Union airport managing bodies, and on aviation fuel suppliers. Member
States shall inform the Commission and the Agency of the identity of the competentauthority or authorities that they have designated.

2.

Member States shall ensure that their competent authorities exercise their oversight andenforcement tasks impartially and transparently, and in a manner independent from aircraft
operators, aviation fuel suppliers and Union airport managing bodies. Member States shallalso ensure that their competent authorities have the necessary resources and capabilities tocarry out the tasks assigned to them under this Regulation in an efficient and timely
manner.

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3.

The Commission, the Agency and the competent authorities of the Member States shallcooperate and exchange all relevant information to ensure effective implementation andcompliance with this Regulation.

4.

The Agency shall send to the competent authorities data aggregated for the aircraft
operators, Union airports and their respective Union airport managing bodies and aviationfuel suppliers for which these authorities are competent pursuant to paragraphs 5, 6 and 7.

5.

The responsible Member State, whose competent authority or authorities, designated inaccordance with paragraph 1 of this Article, are responsible for a given aircraft operator,
shall be determined pursuant to Commission Regulation (EC) No 748/20091. For aircraft
operators not attributed to a Member State in that Regulation, the responsible Member
State shall be determined pursuant to the rules laid down in Article 18a of
Directive 2003/87/EC. The Commission may support the Member States in the attribution
process. To that end, the Commission may request the assistance of Eurocontrol and may
conclude any appropriate agreement with Eurocontrol to that effect.

6.

The responsible Member State, whose competent authority or authorities, designated inaccordance with in paragraph 1, are responsible for a given Union airport managing body,shall be determined on the basis of the respective territorial jurisdiction of the Union
airport.

1

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 on or after 1
January 2006 specifying the administering Member State for each aircraft operator(OJ L 219, 22.08.2009, p. 1).

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7.

The responsible Member State, whose competent authority or authorities, designated inaccordance with in paragraph 1, are responsible for a given aviation fuel supplier, shall be
the Member State in which the aviation fuel supplier has its principal place of business.

8.

For aviation fuel suppliers which do not have their principal place of business in a Member
State, the responsible Member State shall be the one in which the aviation fuel suppliersupplied the most aviation fuel in 2023 or in the first year of providing aviation fuel in theUnion market, whichever the latest.
Such aviation fuel supplier may present to its competent authority a reasoned request
asking to be reattributed to another Member State if it has supplied the highest shares of its
aviation fuel in that Member State over the two years preceding the request. The
reattribution decision shall be made within six months following the request by theaviation fuel supplier, shall be subject to the agreement of the competent authorities of theMember State of reattribution and shall be transmitted without undue delay to the Agency
and the Commission. It shall apply from the beginning of the reporting period following
the date of adoption of that decision.

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Article 12
Enforcement
1.

Member States shall lay down the rules on penalties applicable to infringements of thisRegulation and shall take all measures necessary to ensure that they are implemented. The
penalties provided for must be effective, proportionate and dissuasive taking into account,in particular, the nature, duration, recurrence and gravity of the infringement. Member
States shall, by 31 December 2024, notify the Commission of those rules and of thosemeasures and shall notify it without delay of any subsequent amendment affecting them.

2.

Member States shall ensure that any aircraft operator that fails to comply with the
obligations laid down in Article 5 is liable to a fine. That fine shall be proportionate anddissuasive and not less than twice as high as the amount resulting from the multiplicationof the yearly average price of aviation fuel per tonne by the total yearly non-tanked
quantity. An aircraft operator may be exempted from a fine if it can prove that its failure tocomply with the obligations laid down in Article 5 was caused by exceptional andunforeseeable circumstances, outside its control, the effects of which could not have been
avoided, even if all reasonable measures had been taken.

3.

Member States shall ensure that any Union airport managing body that fails to take thenecessary measures to address a lack of adequate access by aircraft operators to aviation
fuels containing minimum shares of SAF pursuant to Article 6(3) is liable to a fine.

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4.

Member States shall ensure that any aviation fuel supplier that fails to comply with the
obligations laid down in Article 4 relating to the minimum shares of SAF is liable to a fine.
That fine shall be proportionate and dissuasive and not less than twice as high as theamount resulting from the multiplication of the difference between the yearly average priceof conventional aviation fuel and SAF per tonne by the quantity of aviation fuels notcomplying with the minimum shares referred to in Article 4 and Annex I.

5.

Member States shall ensure that any aviation fuel supplier that fails to comply with the
obligations laid down in Article 4 relating to the minimum shares of synthetic aviation
fuels and, over the period from 1 January 2030 until 31 December 2034, the average sharesof synthetic aviation fuels, is liable to a fine. That fine shall be proportionate anddissuasive and not less than twice as high as the amount resulting from the multiplicationof the difference between the yearly average price of synthetic aviation fuel andconventional aviation fuel per tonne by the quantity of the aviation fuel not complying withthe minimum shares referred to in Article 4 and Annex I. When establishing the finerelating to the average shares of synthetic aviation fuels, Member States shall take into
account any fine, relating to the minimum shares of synthetic aviation fuels to which theaviation fuel supplier is already liable in respect of the respective period referred to in thisparagraph, in order to avoid a double penalty.

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6.

Member States shall ensure that any aviation fuel supplier that has been proven to haveprovided misleading or inaccurate information regarding the characteristics or origin of the
SAF that it supplied under Article 9(2) and Article 10 is liable to a fine. That fine shall be
proportionate and dissuasive and not less than twice as high as the amount resulting fromthe multiplication of the difference between the yearly average price of conventional
aviation fuel and SAF per tonne by the quantity of aviation fuels about which themisleading or inaccurate information was provided.

7.

In the decision imposing the fines referred to in paragraphs 2, 4, 5 and 6 of this Article, thecompetent authority or authorities shall explain the methodology applied for determining
the price of aviation fuel, of SAF and of synthetic aviation fuel on the Union aviation fuelmarket. That methodology shall be based on verifiable and objective criteria, includingfrom the latest available technical report referred to in Article 13.

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8.

Member States shall ensure that any aviation fuel supplier which has accumulated ashortfall from the obligation laid down in Article 4 relating to the minimum shares of SAF
or of synthetic aviation fuels in a given reporting period, shall supply the market in thesubsequent reporting period with a quantity of that respective fuel equal to that shortfall, in
addition to their reporting period obligation.
By way of derogation from the first subparagraph, the following rules shall apply tosynthetic aviation fuels for the periods from 1 January 2030 until 31 December 2031 andfrom 1 January 2032 until 31 December 2034:(a)

any aviation fuel supplier which has accumulated a shortfall from the obligation laid
down in Article 4 relating to the average shares of synthetic aviation fuels in the
period from 1 January 2030 until 31 December 2031, shall supply the market before
the end of the period from 1 January 2032 until 31 December 2034 with a quantity ofsynthetic aviation fuel equal to that shortfall, in addition to the obligations of that
period; and(b)

any aviation fuel supplier which has accumulated a shortfall from the obligation laid
down in Article 4 relating to the average shares of synthetic aviation fuels in the
period from 1 January 2032 until 31 December 2034, shall supply the market in thesubsequent reporting period with a quantity of synthetic aviation fuel equal to thatshortfall, additional to their reporting period obligation.

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Fulfilling the obligations referred to in the first and second subparagraphs of this paragraphshall not exonerate the aviation fuel supplier from the obligation to pay the fines laid downin paragraphs 4 and 5.
9.

Member States shall have the necessary legal and administrative framework in place atnational level to ensure the fulfilment of the obligations and the collection of the fines.

10.

Member States shall endeavour to ensure that revenues generated from fines, or theequivalent in financial value of those revenues, are used to support research and innovation
projects in the field of SAF, the production of SAF or mechanisms allowing the pricedifferences between SAF and conventional aviation fuels to be bridged.
Where such revenues are allocated to the general budget of a Member State, a Member
State shall be deemed to have complied with the first subparagraph, if it implements
financial support policies to support research and innovation projects in the field of SAF,
the production of SAF or policies that support mechanisms allowing the price differences
between SAF and conventional aviation fuels to be bridged, which have a value equivalentor higher to the revenues generated from fines.

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ENBy 25 September 2026, and every five years thereafter, Member States shall make public areport on the use made of the aggregated revenues generated from the fines, andinformation on the level of expenditure allocated to research and innovation projects in thefield of SAF, the production of SAF or policies that support mechanisms allowing the pricedifferences between SAF and conventional aviation fuels to be bridged.

Article 13
Data collection and publication
1.

The Agency shall publish every year a technical report on the basis of the reports referred
to in Articles 7, 8 and 10 and forward it to the European Parliament and to the Council.
That report shall contain at least the following information:(a)the aggregated amount of SAF purchased by aircraft operators at Union level, for use
on flights covered by this Regulation departing from a Union airport, and per Union
airport;(b)

the aggregated amount of SAF and of synthetic aviation fuels supplied at Unionlevel, per Member State and per Union airport. The report shall include the amountand type of feedstock used at Union level, per Member State and per Union airport
and an analysis on the ability of aviation fuel suppliers to comply with the minimum
shares defined in Annex I;

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(c)

as far as possible, the amount of SAF supplied, in the third countries with which an
agreement regulating the provision of air services has been concluded by the Union,or the Union and its Member States, and in other third countries where suchinformation is publicly available;(d)the state of the market, including price information, and trends in SAF production
and use in the Union and per Member State and, as far as possible, in the third
countries with which an agreement regulating the provision of air services has beenconcluded by the Union, or the Union and its Member States, and in other third
countries, including information on the evolution of the price gap between SAF andconventional aviation fuels;(e)the status of compliance of the Union airport managing body per airport, regarding
obligations set out in Article 6;(f)

the compliance status of each aircraft operator and aviation fuel supplier having an
obligation under this Regulation in the reporting period;(g)the origin and characteristics of all SAF and the sustainability characteristics ofhydrogen for aviation purchased by aircraft operators for use on flights covered bythis Regulation departing from Union airports;

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(h)

the average total content of aromatics and naphthalenes by percentage volume and ofsulphur by percentage mass in aviation fuel supplied by Union airport and at Unionlevel;(i)the state of advancement of projects at Union airports pursuing initiatives referred toin Article 7(3).

2.

The Agency may consult the experts of the Member States when drawing up that report.

Article 14
Environmental Labelling Scheme
1.

A voluntary environmental labelling scheme enabling the environmental performance offlights to be measured is hereby established.

2.

Labels issued pursuant to this Article shall apply to aircraft operators falling within thescope of this Regulation for flights covered by this Regulation departing from Union
airports. Where an aircraft operator requests the issuance of a label under this Article, it
shall request such a label for all its flights covered by this Regulation departing from
Union airports.

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Aircraft operators may request the issuance of labels under this Article also for their flights
covered by this Regulation arriving at Union airports. Where an aircraft operator requests
the issuance of a label under this subparagraph, it shall request such a label for all its
flights arriving at Union airports.
3.

Labels issued pursuant to this Article shall certify the level of environmental performanceof a flight on the basis of the information referred to in the second subparagraph of thisparagraph. The level of environmental performance of a flight shall be determined on thebasis of the average environmental performance of the flights carried out by a given
aircraft operator on a specific route for the previous corresponding scheduling period
within the meaning of Article 2, point (d), of Regulation (EEC) No 95/93.
Labels issued pursuant to this Article shall consist of the following information:(a)the expected carbon footprint per passenger, expressed in metrics such as in
kilograms of CO2 per passenger, for the period of validity of the label;(b)the expected CO2 efficiency per kilometre, expressed in metrics such as in grams of
CO2 per passenger per kilometre, for the period of validity of the label.

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4.

The expected carbon footprint per passenger and the expected CO2 efficiency per kilometreof a flight shall be determined by the Agency on the basis of a standardised andscience-based methodology and the information from the aircraft operators concerning allor some of the following factors:(a)the types of aircraft, average number of passengers and freight loads supplemented
when needed with estimations of those factors, such as the average load factors forthe specified route for a given time period; and(b)the performance of the fuel used on the flights carried out by the aircraft operator
based on the fuel uptake and using metrics such as the total amount of SAF uplifted,
the percentage over the total fuel uptake, the quality and origin, the composition andthe lifecycle emissions from fuel use calculated for the flight.

5.

Labels issued pursuant to this Article shall be valid for a limited period not exceeding one
year specified in the implementing acts referred to in paragraph 11, point (c). The period ofvalidity of the label shall be clearly displayed by the aircraft operator together with thelabel.

6.

The Agency shall issue labels at the request of an aircraft operator for each flight or set offlights operated under the same conditions, on the basis of the information referred to inparagraph 3 and the standardised and science-based methodology and factors referred to inparagraph 4.

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The Agency may require the aircraft operator to provide additional information necessary
for the issuance of the label.
Where the aircraft operator does not submit all the information necessary for the Agency toissue the requested label, the Agency shall reject the request.
An appeal may be brought by the aircraft operator against decisions of the Agency taken
pursuant to this paragraph and paragraph 7 of this Article. Such appeal shall be filed to theBoard of Appeal referred to in Article 105 of Regulation (EU) 2018/1139 of the European
Parliament and of the Council1 within 10 days of notification of the decision. Articles 106
and 107, Article 108(2) and (3), and Articles 111, 112, 113 and 114 of Regulation(EU) 2018/1139 shall apply. Any decision taken by the Agency pursuant to this paragraphshall be taken without undue delay.
7.

The Agency shall review periodically whether the factors on the basis of which a label wasissued for each flight or set of flights operated under the same conditions have changed. If
the Agency concludes that a label is no longer appropriate, it shall, after giving theoperator the opportunity to be heard revoke the existing label or issue a new label. The
Agency shall inform the aircraft operator of its decision.
The aircraft operator shall without any delay adjust the display of the label accordingly.

1Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018
on common rules in the field of civil aviation and establishing a European Union Aviation
Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU)No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of theEuropean Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and(EC) No 216/2008 of the European Parliament and of the Council and Council Regulation(EEC) No 3922/91 (OJ L 212 22.8.2018, p. 1).

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8.

Aircraft operators that have been granted a label pursuant to paragraph 6 shall display thelabel containing the information referred to in paragraph 3, second subparagraph. The label
shall be easily accessible and understandable. It shall be presented in a way that enables
customers to easily compare the environmental performance of flights operated bydifferent aircraft operators flying the same route. Where an aircraft operator displays thelabel at a point of sale or any other contact with the customers, they shall do so for all
flights within scope of this Regulation.

9.

In order to finance the costs of the service provided by the Agency, the issuing of a label at
the request of an aircraft operator shall be subject to the payment of a charge. The revenues
generated from such charges shall constitute other revenues within the meaning of
Article 120(1) of Regulation (EU) 2018/1139 and shall be treated as assigned revenues tobe allocated by the Agency to cover those costs. Article 126(2) and (3) of Regulation(EU) 2018/1139 shall apply. The amount of the charge shall be defined pursuant to
Article 126(4) of Regulation (EU) 2018/1139.

10.

As part of its tasks in the field of environmental protection as set out in Article 87(2) ofRegulation (EU) 2018/1139, the Agency shall contribute to raising awareness of theexistence of the labelling scheme set up by this Article.

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11.

In order to ensure the uniform implementation and compliance with the rules set out in this
Article, the Commission shall adopt by 1 January 2025 implementing acts laying down
detailed provisions concerning:(a)the standardised and science-based methodology referred to in paragraph 4, based on
the best available scientific data, in particular the data provided by the Agency andincluding the methodology for using estimations referred to in paragraph 4, point (a);(b)

the procedure through which aircraft operators are to provide the Agency with therelevant information for the issuance of a label, and the procedure for the Agency toissue that label, including the time-limit by which the Agency is to take a decision
pursuant to paragraph 6;(c)the duration of the validity of labels issued pursuant to this Article, not exceeding
one year;(d)the conditions under which the Agency is to carry out the review referred to inparagraph 7;(e)the procedure mentioned in paragraph 7 through which the Agency can either revoke
existing labels or issue a new label;

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(f)

the templates for displaying labels issued pursuant to this Article;(g)ensuring an easy access to all issued labels in machine-readable format;(h)the possibility and conditions under which aircraft operators may display, without
using a label under this Article, any environmental performance information similar
to the one referred to in paragraph 3 for flights departing from Union airports.

Those implementing acts shall be adopted in accordance with the examination procedurereferred to in Article 16(3).
12.

By 1 July 2027, the Commission shall identify and assess the developments on thefunctioning of the labelling scheme set up by this Article as well as possible improvements
or additional measures to such scheme, with a view in particular to establish a compulsory
environmental labelling scheme encompassing all aspects of the environmental
performance of flights or set of flights and the different decarbonisation measures thataircraft operators take, in full compliance with Union law. The Commission shall present areport with the main findings of the assessment carried out pursuant to this paragraph to
the European Parliament and to the Council. It may, where appropriate, accompany thatreport with a legislative proposal.

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Article 15
Flexibility mechanisms
1.

By way of derogation from Article 4(1), from 1 January 2025 until 31 December 2034, foreach reporting period, an aviation fuel supplier may supply the minimum shares of SAF
defined in Annex I as a weighted average over all the aviation fuel it supplied across Union
airports for that reporting period.

2.

By 1 July 2024, the Commission shall identify and assess the developments on SAF
production and supply on the Union aviation fuel market as well as assess possible
improvements or additional measures to the existing SAF flexibility mechanism referred toin paragraph 1, such as setting up or recognising a system of tradability of SAF to enable
fuel supply in the Union without it being physically connected to a supply site, with a view
to further facilitate the supply and uptake of SAF for aviation during the flexibility period.
Such a possible system, incorporating elements of a book and claim scheme, could enableaircraft operators or fuel suppliers, or both, to purchase SAF through contractual
arrangements with aviation fuel suppliers and to claim the use of SAF at Union airports.
The Commission shall present a report to the European Parliament and to the Council
setting out the main findings of the evaluation carried out pursuant to this paragraph andaccompanied, where appropriate, by a legislative proposal.

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Article 16
Committee procedure
1.

The Commission shall be assisted by the ReFuelEU Aviation Committee, hereinafterreferred to as ʻthe Committeeʼ. The Committee shall be a committee within the meaning ofRegulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shallapply.

3.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shallapply.

Article 17
Reports and review1.

By 1 January 2027, and every four years thereafter, the Commission shall present a reportto the European Parliament and to the Council, on the application of this Regulation.

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2.

The report shall contain a detailed assessment of the evolution of the aviation fuels market,
and the impact of that evolution on the functioning of the aviation internal market of theUnion including on the competitiveness and connectivity, in particular for islands andremote territories, and on the cost-effectiveness of lifecycle emissions reductions. The
report shall also assess the need for investments, employment and training, and researchand innovation in SAF. In addition, the report shall inform on technological advancementsin the area of research and innovation in the aviation industry which are relevant to SAF,
including with regards to the reduction of non-CO2 emissions or direct air capture
technologies.

3.

The report shall evaluate the possible need to revise the scope of this Regulation, the SAF
definition, the eligible fuels and the minimum shares in Article 4 and Annex I, and thelevel of fines. The report shall evaluate the possible widening of the scope of thisRegulation to include other energy sources and other types of synthetic fuels defined in
Directive (EU) 2018/2001, while taking due account of the principle of technologicalneutrality. The report shall also assess initiatives, improvements and additional measures tofurther facilitate and promote an increased supply and uptake of non-drop-in aviation fuels,
and related services, infrastructure and technologies consistent with the objective of
decarbonising air transport while preserving a level playing field.

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4.

The report shall consider the possible inclusion of mechanisms to support the production
and uplift of SAF, including the collection and use of funds, and to limit the adverse
impact of this Regulation on connectivity and competitiveness. The report shall consider
whether such mechanisms should include financial and other mechanisms to bridge theprice differences between SAF and conventional aviation fuels.

5.

The report shall assess the impact on the functioning of the aviation internal market of the
exemptions granted under Article 5.
As far as possible, the report shall include information on the policy developments inrelevant third countries, including in the context of their multilateral and bilateralagreements with the Union or with the Union and its Member States, as well as on thedevelopment of a potential policy framework for supply and uplift of SAF at ICAO level.

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The report shall assess the competitiveness of Union air carriers and airport hubs comparedwith their competitors in relevant third countries, as well as possible rerouting, notably
through a shift in traffic towards airport hubs in third countries, leading to carbon leakage.
In particular, in the absence of a mandatory scheme at international level on the use of SAF
for international flights with a similar level of ambition as the requirements laid down inthis Regulation or of mechanisms developed at international level enabling the risk ofcarbon leakage and the distortion of competition for international aviation to be avoided,
the Commission shall, by 31 December 2026, where appropriate, consider targetedmechanisms that aim to prevent those effects, including, if appropriate, the extension tointernational aviation of the carbon border adjustment mechanism established byRegulation (EU) 2023/956 of the European Parliament and of the Council1, as well as othertypes of measures taking into account the fact that the final destination of the flight islocated outside the territory of the Union.
6.

The report shall include detailed information on the enforcement of this Regulation. The
report shall consider whether this Regulation should be amended and, where appropriate,
which amendments should be considered, in line with a potential policy framework on
SAF uptake at ICAO level.
As part of the first report or earlier as a stand alone report presented to the European
Parliament and to the Council, the Commission shall assess possible measures to optimise
the fuel content of aviation fuels.

1

Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023
establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52).

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7.

The Commission may consult Member States when drawing up that report, at least six
months before its adoption.

Article 18
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
It shall apply from 1 January 2024.
However, Articles 4, 5, 6, 8 and 10 shall apply from 1 January 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,

For the European Parliament

For the Council

The President

The President

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Shares of SAF referred to in Article 4(a)

From 1 January 2025, each year a minimum share of 2 % of SAF;(b)

From 1 January 2030, each year a minimum share of 6 % of SAF, of which:(i)for the period from 1 January 2030 until 31 December 2031, an average share overthe period of 1,2 % of synthetic aviation fuels, of which each year a minimum shareof 0,7 % of synthetic aviation fuels;(ii)

for the period from 1 January 2032 until 31 December 2034, an average share overthe period of 2,0 % of synthetic aviation fuels, of which each year a minimum shareof 1,2 % from 1 January 2032 until 31 December 2033 and of which a minimum
share of 2,0 % from 1 January 2034 until 31 December 2034 of synthetic aviation
fuels;(c)

From 1 January 2035, each year a minimum share of 20 % of SAF, of which a minimum
share of 5 % of synthetic aviation fuels;(d)From 1 January 2040, each year a minimum share of 34 % of SAF, of which a minimum
share of 10 % of synthetic aviation fuels;

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(e)

From 1 January 2045, each year a minimum share of 42 % of SAF, of which a minimum
share of 15 % of synthetic aviation fuels;(f)

From 1 January 2050, each year a minimum share of 70 % of SAF, of which a minimum
share of 35 % of synthetic aviation fuels.

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Template for aircraft operator reporting
Template for aircraft operator reporting on uplift of SAF

Union
airportICAO codeof Union
airportYearlyaviationfuelrequired(tonnes)

Actualaviation fueluplifted(tonnes)Yearly nontanked
quantity(tonnes)

Total yearly
non-tanked
quantity(tonnes)Yearlytankedquantity forfuel safety
rules(tonnes)

Template for aircraft operator reporting on purchases of SAF
Total
number offlights
operated

Total
numberof flight
hours

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Fuel
supplier

Amountpurchased(tonnes)Conversion
process

Characteristics

Origin offeedstock

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Lifecycle
emissions

1EN