61 Amendments of Elissavet VOZEMBERG-VRIONIDI related to 2021/0205(COD)
Amendment 58 #
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, as well as one of the main connectors for and from outermost regions and the mainland, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and with third countries, and has been a significant enabler of the Union economy.
Amendment 64 #
Proposal for a regulation
Recital 2
Recital 2
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security., reducing at the minimum the impacts on changes to air fares and flight frequency;
Amendment 68 #
Proposal for a regulation
Recital 4
Recital 4
(4) The air transport market is subject to strong competition between economic actors globally and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports with the relavant parties involved in fuel supply and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses.
Amendment 70 #
Proposal for a regulation
Recital 5
Recital 5
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and negatively impact competition on the market, reduce the attractiveness of the aviation sector and therefore mobility, with high fuel prices translated directly into high end-consumer prices. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasonsin order to remain competitive. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. SOn the other hand, refuelling obligations are costly for aircraft operators as they prolongs the turn-around times and reduces the capacity of the airports, especially in pick hours. The tankering on short-haul flights has rather limited impact on fuel consumption and fuel burn. Nevertheless, some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector, leading to market distortions and be harmful to air connectivity. This Regulation should set up balanced measures to prevent suchall possible adverse practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market. Therefore, the Commission should deliver a report on fuel tankering cases.
Amendment 78 #
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements and a strong commitment from the industry to implement environmental policies, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped and needs support over time for the development and deployment of new sustainable aviations fuels and technological advancements on research for new aircraft engines and technologies. _________________ 10Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 87 #
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviationfuels which save at least 70 % of greenhouse gases as compared with fossil fuels and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. SAmong sustainable aviation fuels some are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
Amendment 107 #
Proposal for a regulation
Recital 16
Recital 16
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, all sustainable aviation fuels producvided from feedstock listed in Parts A and B of Annex IX ofor in Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technologynd complying with the sustainability and greenhouse gas emissions criteria laid down in that Directive and certified in accordance with Article 30 of that Directive are essential to decarbonise air transport already in the short term.
Amendment 111 #
(17) For sustainability reasonsGiven the safeguards provided for in Directive (EU) 2018/2001, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. ResProper enforcement of that Directive with an appropriate track and trace system in place combined with establishing market conditions with tailored incentives should lead to ramping up alternative fuels market in the Union. In addition, annex V of that Directive addresses the greenhouse gas savings of each crop for earch has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demandproduction way. Even if some feedstock does not reduce as much emissions as others, but is available in Europe, produces also protein for feedlivestock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular withor is intermediate crops to protect the soil during winter, it should be recommended to use the fuels where the feedstock is harvested under the sustainability criteria laid down in Article 29 and 29(a) of that Directive in particular during the green transition. Furthermore, Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential which cand broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demande extended to all modes of transport. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99 % of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non- eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sectoruse all types of sustainable aviation fuels in a cost effective manner to reach climate goals through effective decarbonisation.
Amendment 114 #
Proposal for a regulation
Recital 18
Recital 18
(18) A single, clear and robust sustainability framework is necessary to provide legal certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 . _________________ 12https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018 L2001&from=fr
Amendment 116 #
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessaryThe Commission should propose measures in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive are covered by this Regulation.
Amendment 126 #
Proposal for a regulation
Recital 22
Recital 22
(22) AirportsThe relevant parties in fuel supply covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require ato the relevant parties in fuel supply at Union airports to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 132 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Following the proposal of this Regulation, it is highly recommended to introduce tradability of sustainable aviation fuel use, so-called ‘book and claim’ system not covered by this Regulation. By setting it up within each airport covered by this Regulation airlines would be able to purchase SAF certificates. Such a system would play an important role in monitoring the SAF production and consumption, in attesting their environmental and technical performance and in associating the various types of SAF with adequate incentives. Therefore, by 1 January 2030, the Commission should propose establishing 'book and claim' system through a delegated act and revise Article 4, if appropriate.
Amendment 134 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) To further promote uptake of sustainable aviation fuels whose prices are predicted to remain higher than that of conventional fuel in the foreseeable future, aircraft operators covered by Directive 2003/87/EC should receive free allocations when using sustainable aviation fuels for activities covered by that Directive.
Amendment 140 #
Proposal for a regulation
Recital 29
Recital 29
(29) The penalties for the suppliers who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;, under the condition of availability of feedstock and provided that such an obligation does not constitute a dual penalty.
Amendment 143 #
Proposal for a regulation
Recital 31
Recital 31
(31) A transitional period of 5 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports. In addition, the Commission should conduct an impact assessment investigating the effect of all Fit for 55 proposals, including in- depth analysis on the Union's competitiveness, potential risk of mobility reduction and cost effectiveness of greenhouse gas emissions reductions.
Amendment 148 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions contained in other Regulations that generate compliance costs in the affected sectors.
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
— ‘Union airport’ means an airport as defined in Article 2(2) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100 000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union; where a Union airport meets the exemption requirements, it may still opt to be covered by this Regulation; the Member State on the territory of which the airport in question is located shall report that information to the Commission; _________________ 13Directive 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).
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 1 a (new)
Article 3 – paragraph 1 – indent 1 a (new)
- 'relevant parties in fuel supply' means a supplier of groundhandling services or an airport as defined in Article 2(g) of Directive 96/67/EC in charge of the infrastructures necessary for the delivery, storage and uplifting of sustainable aviation fuels;
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which complyfuels which save at least 70 % of greenhouse gases as compared with fossil fuels, in line with Directive (EU) 2018/2001, complying with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
Amendment 166 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
— ‘synthetic aviation fuels’ means fuels that are renewable fuels of non- biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, used in aviation;Deletion
Amendment 170 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 13
Article 3 – paragraph 1 – indent 13
— ‘yearly aviation fuel required’ means the amount of aviation fuel defined as trip fuel and taxi fuel in accordance with EASA Fuel Policy ,necessary to operate the totality of commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period. The amount includes operational restrictions and supply shortages;
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 14
Article 3 – paragraph 1 – indent 14
— ‘yearly non-tanked quantity’ means the difference between the yearly aviation fuel required and the actual fuel uplifted by an aircraft operator prior to flights departing from a given Union airport, over the course of a reporting period, as defined as trip fuel and taxi fuel in accordance with EASA Fuel Policy;
Amendment 172 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 15
Article 3 – paragraph 1 – indent 15
— ‘total yearly non-tanked quantity’ means the sum of the yearly non-tanked quantitiesdifference between the yearly aviation fuel required and the actual fuel uplifted by an aircraft operator at all Union airports over the course of a reporting period; the ratio between yearly aviation fuel required and the actual fuel uplifted shall not exceed the value of 105 %;
Amendment 176 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airports, contains a minimum share of sustainable aviation fuel, includvered by this Regulation, containg a minimum share of syntheticustainable aviation fuel, in accordance with the values and dates of application set out in Annex I.
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall at least complement that shortfall in the subsequent reporting periodreport the reasons for SAF shortage to the European Union Aviation Safety Agency. The Commission may request that the aviation fuel supplier complement that shortfall in the subsequent reporting period, if the causes are not related with aviation fuel unavailability.
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Without prejudice to the application of Article 4 paragraph 1, Member States may exclude airports where the costs are disproportionate to the environmental benefits, and at the same time ensuring the development of aviation fuels market in the Union, in accordance with this Article and Annex I. In such case Member States shall submit a reasonable explanation on their decision to the Commission.
Amendment 182 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
Article 4(new) By 1 January 2030, the Commission shall present a delegated act, introducing a system of tradability of sustainable aviation fuel use, so-called ‘book and claim’ system and revise Article 4, where appropriate. The system shall include each airport covered by this Regulation, allowing airlines to purchase SAF certificates. The system shall play an important role in monitoring the SAF production and consumption, in attesting their environmental and technical performance and in associating the various types of SAF with adequate incentives.
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 9070 % of the yearly aviation fuel required.
Amendment 189 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
The Commission shall monitor, evaluate and report cases of fuel tankering to the Parliament and the Council on an annual basis. Based on the analysis the Commission shall amend this article, where appropriate.
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 191 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations of Union airportsthe relevant parties in fuel supply to provide the infrastructure
Amendment 195 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Parties involved in fuel supply at Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure necessary for the delivery, storage and uplifting of such fuels.
Amendment 197 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Where aircraft operators report difficulties to the European Union Aviation Safety Agency (‘the Agency’) in accessing aviation fuels containing sustainable aviation fuels at a given Union airport for lack of adequate airport infrastructure, the Agency may request the parties involved in fuel supply at Union airports to provide the information necessary to prove compliance with paragraph 1. The Union airportparties concerned shall provide the information without undue delay.
Amendment 200 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
The Agency shall assess the information received and inform the Commission if such information allows to conclude that the parties involved in fuel supply at Union airports does not fulfil itstheir obligations. The parties involved in fuel supply at Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of the Regulation or after the year when they exceed one of the thresholds in Article 3(a).
Amendment 201 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
By 31 March of each reporting year, aircraft operators shall report the following information to the Agency, where such information is provided by the fuel supplier:
Amendment 204 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 205 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) For each purchase of sustainable aviation fuel, the name of the aviation fuel supplier, the total amount purchased expressed in tonnes, the conversion technology, the characteristics and origin of the feedstock used for production, and the lifecycle emissions of the sustainable aviation fuel. Where one purchase includes sustainable aviation fuels with differing characteristics, the report shall provide this information for each type of sustainable aviation fuel.
Amendment 208 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
For the purpose of reporting sustainable aviation fuels use under the provisions of Article 7 of this Regulation, or under a greenhouse gas scheme, aviation fuel suppliers shall provide aircraft operators with the relevant information free of charge, no later than 31 January.
Amendment 209 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
By 31 MarchJanuary of each reporting year, aviation fuel suppliers shall report in the Union Database referred to in Article 28 of Directive (EU) 2018/2001, the following information relative to the reporting period:
Amendment 211 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) The lifecycle emissions, of sustainable aviation fuel, the characteristics and origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports.
Amendment 216 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, Union airports and the relevant parties in fuel supply and fuel suppliers. Member States shall inform the Commission thereof.
Amendment 217 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/200916 . _________________ 16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC
Amendment 218 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
(4) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.
Amendment 219 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
(5) The competent authorities in y or authorities, depending on particular situation of a Member State, in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.
Amendment 221 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member StatesThe Commission shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and Member States shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notifyThe Commission shall deliver these provisions to the CommissionMember States by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 223 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) Member States shall ensure that aAny aircraft operator failing to comply with the obligations laid down in Article 5 is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the yearly average price of aviation fuel per tonne and of the total yearly non-tanked quantity;
Amendment 225 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
(3) Member States shall ensure that aAny aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of sustainable aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying with the minimum share referred to in Article 4 and Annex I;
Amendment 227 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 229 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
(5) In the decision imposing the administrative fines referred to in paragraphs 32 and 43 , the competent authority shall explain the methodology applied for the determination of the price of aviation fuel, and sustainable aviation fuel and synthetic aviation fuel on the Union market, based on verifiable and objective criteria;
Amendment 230 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
(6) Member States shall ensure that any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relative to the minimum share of sustainable aviation fuels or of synthetic fuels in a given reporting period, shall supply the marketundertake all possible efforts to supply the market, if the reasons for SAF shortage are not related with unavailability of the feedstock in the Union, in the subsequent reporting period with a quantity of that respective fuel equal to that shortfall, additional to their reporting period obligation. Fulfilling this obligation shall notmay exonerate the fuel supplier from the obligation to pay the penalties laid out in paragraphs 3 and 4 of this Article;
Amendment 239 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) The amount of sustainable aviation fuel purchased by aircraft operators at Union level in aggregate, for use on flights departing from a Union airport, and by Union airport covered by this Regulation;
Amendment 240 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) The amount of sustainable aviation fuel and of synthetic aviation fuelper type of fuel feedstock supplied at Union level in aggregate and by Union airport;
Amendment 241 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) The status of compliance of parties involved in fuel supply at Union airports regarding obligations set out in Article 6;
Amendment 242 #
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) The origin and the characteristics and the conversion technology of all sustainable aviation fuels purchased by aircraft operators for use on flights departing from Union airports.
Amendment 246 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 31 December 2025, the Commission shall conduct a comprehensive impact assessment investigating the effect of all Fit for 55 proposals, where this Regulation is an integral part of, including analysis on the Union's competitiveness, including hub transfer, risk of mobility reduction, cost effectiveness of greenhouse gas emissions reductions, total rise of costs and fares, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.Following its results, the Commission shall determine whether it is justified to revise this Regulation, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction and preserve a level playing field. By 1 January 20286 and every fivthree years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directivreflecting upon available policy options on other energy sources defined under the Renewable Energy Directive, taking into consideration the principle of technological neutrality and propose, where appropriate, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level. By 1 January 2029, the Commission shall reassess targets referred to in Article 4 and Annex I as of 1 January 2035 based on the development of the fuel market, deployment of viable and commercial sustainable aviation fuels, research and technological development as well as condition of the aviation sector in order to facilitate green transition and reach climate goals.
Amendment 257 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The Commission shall consider possible amendments to this Regulation with regards to regulatory simplification.The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens to a minimum. The Commission shall present, by [1 year before the entry into force of this Regulation], and in line with its communication on the application of the “one in, one out” principle, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the affected sectors.
Amendment 265 #
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) From 1 January 2030, a minimum share of 5% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;
Amendment 269 #
Proposal for a regulation
Annex I – point c
Annex I – point c
(c) From 1 January 2035, a minimum share of 20 % of SAF, of which a minimum share of 5% of synthetic aviation fuels;
Amendment 272 #
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) From 1 January 2040, a minimum share of 32 % of SAF, of which a minimum share of 8% of synthetic aviation fuels;
Amendment 275 #
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) From 1 January 2045, a minimum volume share of 38 % of SAF, of which a minimum share of 11% of synthetic aviation fuels.
Amendment 278 #
Proposal for a regulation
Annex I – point f
Annex I – point f
(f) From 1 January 2050, a minimum volume share of 63 % of SAF, of which a minimum share of 28% of synthetic aviation fuels.