52 Amendments of Elena LIZZI related to 2021/0205(COD)
Amendment 56 #
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, students and workers alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving the internal market, the attractiveness of businesses to markets outside the Union, connectivity within the Union and with third countries, and has been a significant enabler of the Union economy. What is more, air transport is essential to maintaining the connectivity of the EU's insular and outermost regions, particularly where they are difficult or impossible to reach by other means of transport.
Amendment 59 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In 2012, the Union set a target of producing two million tonnes of sustainable aviation fuels (SAF) in Europe by 2020. However, 8 years later, production is heavily behind schedule. In this context, there is a need for a specific EU industrial policy, based on technology neutrality, for the development and use of SAF through funding, and for a secure legal framework.
Amendment 62 #
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, itparticularly its expected that air traffic willstage of causing shocks to consumption and mobility, a gradually resume in the coming years and recover to its pre-crisis levels. At the same timecovery of air traffic is about to begin and traffic will recover to its pre-crisis levels. At the same time, given the year-on-year increase in long-haul mobility, 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 securityhile ensuring that the sector remains competitive, including in global markets, and that jobs throughout the industry are preserved. What is more, to achieve the ambitions and goals set in the Green Deal, focus on demand-driven solutions will be vital, putting the passenger at the forefront and not abandoning the social impact of climate policies.
Amendment 66 #
Proposal for a regulation
Recital 3
Recital 3
(3) The functioning of the Union air transport sector is determined by its cross- border nature across the Union, and by its global dimension, which is why policies that support medium- and long-haul mobility must be adopted. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries.
Amendment 67 #
Proposal for a regulation
Recital 4
Recital 4
(4) The air transport market is subject to strong competition between economic actors across the Union, for which a level playing field is indispensable, as is support for its recovery in the post-COVID period. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal opportunities and in a stable and predictable economic and industrial environment. 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. In view of the profound changes and innovations that SAF will entail for the entire civil aviation sector, the risk cannot be overlooked of competitive misalignment, which would be to the detriment of European carriers in comparison with carriers based in countries around the world where such approaches are not considered.
Amendment 71 #
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 and a clear impact on end consumers. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions. Fuel tankering by aircraft operators accordingly undermine, although performed as a form of defence against distorted market conditions and not with disregard for the environment, accordingly plays a part in the undermining of the results of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market, and to establish a legal and economic framework that provides enough certainty for the companies involved.
Amendment 73 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The establishment of a competitive single European market for aviation should remain a political priority for the Union. Ambitious climate targets pose a number of major challenges to air transport and SAF manufacturers: to achieve greater sustainability, we need to support initiatives and technological solutions that promote the investment capacities of the companies involved while preventing the imposition of excessive burdens.
Amendment 74 #
Proposal for a regulation
Recital 6
Recital 6
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requirescan benefit from the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports, acting so that the conditions required in global air traffic are aligned. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.
Amendment 77 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) To promote the introduction of SAF, climate policy choices need to be reviewed to ensure that national taxes, charges or bans do not prove ecologically and economically counterproductive. Imposing additional taxes and charges without reinvesting their proceeds in actual de-carbonisation projects does not help to truly reduce CO2 emissions, as all it does is hinder passenger connectivity and increase passenger costs. Additional charges, including taxes, if not geared towards supporting the technological change inherent in SAF, reduce the industry's ability to invest and innovate at a crucial time when research and development in low-carbon technologies should be supported. This regulation should therefore consider incentives for the production and deployment of innovative fuels rather than simply new and additional forms of taxation.
Amendment 79 #
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 and medium term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to importbeen helping to significantly reduce resource efficiency antd emission reductions in the pasrecent 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 onlya solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped. _________________ 10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020As the impact study points out, increasing SAF production today implies high-risk investments with considerable uncertainty for producers and investors.
Amendment 83 #
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term, without focus on research and development in the sector being lost, howeverm. They are expected to account for a major part of the aviation fuel mix in the medium and long term if properly supported and fostered. 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. As the impact study points out, however, it would take decades of work on the development of zero-emission aircraft technologies, such as electric or hydrogen-powered aircraft, before they could play a major role in commercial aviation.
Amendment 88 #
Proposal for a regulation
Recital 9
Recital 9
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union and always take a global approach that makes it possible to have conditions that are not excessively out of line with those of the EU's external competitors.
Amendment 89 #
Proposal for a regulation
Recital 10
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels. If this ambiguity is to be resolved, care must be taken not to place an undue and sudden burden on internal EU players in the sector so that they are not hamstrung by tough global competition.
Amendment 95 #
Proposal for a regulation
Recital 11
Recital 11
(11) At EU level, general rules on renewable energy for the transport sector are set out in Directive (EU) 2018/2001 of the European Parliament and of the Council11. In the past, given the specific nature of and tough global competition in the sector, such horizontal cross-sectoral regulatory frameworks have not proven effective to operate a transition from fossil fuels to sustainable aviation fuel in air transport. Directive (EU) 2018/2001 and its predecessor set out overarching targets across all transport modes to be supplied with renewable fuels. As aviation is a small fuels market for which renewable fuels are more costly to produce while a fully integrated European transport market, in comparison to other transport modes, such regulatory frameworks should be complemented with aviation-specific measures to effectively boostencourage the deployment of sustainable aviation fuels. Further, national transpositions of Directive (EU) 2018/2001 risks creating significant fragmentation in the air transport market, where national rules on sustainable aviation fuels would set out widely differing targets. This would be expected to further exacerbate the issues of level playing field in air transport. _________________ 11 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).
Amendment 97 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market. In particular, the present Regulation aims to obtain the conditions that make it possible to have a healthy and profitable market for EU operators, avoiding a fragmentation of the aviation market, preventing possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators.
Amendment 99 #
Proposal for a regulation
Recital 13
Recital 13
(13) This regulation aims in the first instance to set out a framework restoring and preserving a level playing field on the air transport market as regards the use of aviation fuels. Such a framework should prevent divergent requirements across the Union that would exacerbate refuelling practices distorting competition between aircraft operators or putting some airports at competitive disadvantage with others. In a second instance, it aims to gear the EU aviation market with robust rules to ensure that gradually increasing shares of sustainable aviation fuels can be introduced at EU airports without detrimental effects on the competitiveness of the EU aviation internal market. What is more, the regulation should aim to stimulate the SAF production chain and SMEs and provide legal and economic certainty to a key sector for future decarbonisation.
Amendment 100 #
Proposal for a regulation
Recital 14
Recital 14
(14) It is essential to set harmonised rules across the EU internal market, applying directly and in a uniform way to aviation 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 targets for the supply of sustainable aviation fuels. Such targets should be carefully defined, taking into account the objectives of a well- functioning air transport market, operators being supported in their recovery from the pandemic, a service that puts its passengers at the forefront, the need to decarbonise the aviation sector and the current status of the sustainable aviation fuels industry.
Amendment 103 #
Proposal for a regulation
Recital 15
Recital 15
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights under market conditions that are considered efficient and not in emergency global or regional situations. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation, with due regard for the above-mentioned conditions, should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. An appropriate threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, possible following an impact analysis of the values identified. For the same reasons and taking the same analytical approach, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory.
Amendment 108 #
Proposal for a regulation
Recital 16
Recital 16
(16) DResearch, 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 promotencouraged. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in shortthe medium and long term to contribute to Union transport decarbonisation ambitions and to the competitiveness of Union companies in the sector, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short term.
Amendment 112 #
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasons, if confirmed in more in-depth impact analyses, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research hais showning that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high- carbon stock is observed. Accordingly, feed and food crop- based fuels should not be promoted as a priority. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk iscould be particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. TIn 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, the subject is not a top priority because it has currently insignificant levels of demand ofor food and feed crops-based biofuels by promoting their use under this Regulation. The non- eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector, since over 99% of currently used aviation fuels are of fossil origin.
Amendment 113 #
(18) A single, clear and robust, robust and lasting sustainability framework is necessary to provide certainty for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112. _________________ 12https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018 L2001&from=fr
Amendment 118 #
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 allcan be proportional to the covered airports' volume of traffic. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology and specific incentives to provide economies of scale and relative restriction of costs. 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.
Amendment 120 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity, economic sustainability and mature market development accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025in the coming years, depending on the maturity and accessibility of the technology. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.
Amendment 123 #
Proposal for a regulation
Recital 21
Recital 21
(21) With the introduction and ramp-up of sustainable aviation fuels at Union airports, practices of fuel tankering may be exacerbated as a consequence of aviation fuel costs increases. Tankering practices are unstainable and should be avoided as they undermine the Union’s efforts to reduce environmental impacts from transport. Tanking practices should be discouraged not only through the imposition of additional obligations and burden but also by introducing policies that make them economically unattractive to operators. Those would be contrary to the aviation decarbonisation objectives as increased aircraft weight would increase fuel consumption and related emissions on a given flight. Tankering practices also put at risk the level playing field in the Union between aircraft operators, and also between airports. This Regulation should therefore require aircraft operators to refuel prior to departure from a given Union airport. The amount of fuel uplifted prior to departures from a given Union airport should be commensurate with the amount of fuel necessary to operate the flights departing from that airport, taking into account the necessary compliance with fuel safety rules. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, while ensuring high level of environmental protection. As the Regulation does not define a maximum share of sustainable aviation fuels in all aviation fuels, airlines and fuel suppliers may pursue more ambitious environmental policies with higher sustainable aviation fuels uptake and supply in their overall network of operations, while avoiding fuel tankering.
Amendment 124 #
Proposal for a regulation
Recital 22
Recital 22
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel but instead foster economies of scale. Structural investment costs must be paid by the operators who actually use the structure. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 127 #
Proposal for a regulation
Recital 23
Recital 23
(23) Aircraft operators should be required to report yearly to the Agency on their purchases of sustainable aviation fuel, as well as on the characteristics of this fuel. Information should be provided on the characteristics of the sustainable aviation fuels purchased such as inter alia nature and origin of the feedstock, conversion pathway and lifecycle emissions. Before proceeding with this step, the operators themselves should be involved in a process of designing the reporting needed to achieve the intended goal.
Amendment 128 #
Proposal for a regulation
Recital 24
Recital 24
(24) Aircraft operators should also be required to report yearly on their actual aviation fuel uplift per Union airport, so as to prove that no fuel tankering was performed. Reports should be verified by independent verifiers and transmitted to the Agency for monitoring and assessment of compliance. Verifiers should determine the accuracy of the yearly aviation fuel required reported by the operators using a tool approved by the Commission. It seems important for the proper functioning of the market and the competitiveness of EU operators to consider the efficiency of the process, by means of a thorough preliminary study, so that it does not overly burden operations in a sector with such strong global competition and at a very difficult time.
Amendment 129 #
Proposal for a regulation
Recital 25
Recital 25
(25) Aviation fuel suppliers should be required to report yearly, in keeping with a time line that makes it possible for companies to set long-term strategies, in the Union database referred to in Article 28 of Directive (EU) 2018/2001, on their supply of aviation fuel, including sustainable aviation fuels. The Agency should report on a yearly basis to the Commission on the fulfilment by aircraft operators and aviation fuel suppliers of their respective obligations under this Regulation. This is important for the Commission to have clear visibility on the level of compliance to the Regulation and to measure with increased objectivity the extent to which the Regulation is working.
Amendment 130 #
Proposal for a regulation
Recital 26
Recital 26
(26) It is not possible without additional procedures, which would be excessively burdensome and undermine the competitiveness of operators at a very difficult time, to determine accurately whether aircraft operators have actually physically uplifted shares of sustainable aviation fuels in their tanks at a specific Union airports. Therefore, aircraft operators should be allowed to report their use of sustainable aviation fuels based on purchasing records. Aircraft operators should be entitled to receive from the aviation fuel supplier the information that is necessary to report the sustainable aviation fuel purchase.
Amendment 133 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is essentialimportant that aircraft operators can claim the use of sustainable aviation fuels under greenhouse gas schemes such as the EU Emissions Trading System or CORSIA, depending on the route of their flights. However, iIt is essential to remember that this regulation should not lead to a double counting of emissions reductions. Aircraft operators should only be allowed to claim benefits for the use of an identical batch of sustainable aviation fuels once. Fuel suppliers should be requested to provide free of charge to aircraft operators any information pertaining to the properties of the sustainable aviation fuel sold to that aircraft operator and that is relevant for reporting purposes by the aircraft operator under this Regulation or greenhouse gas schemes.
Amendment 136 #
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure a level playing field of the aviation internal market and the adherence to the climate ambitions of the Union, this Regulation should introduce effective, proportionate and dissuasive penalties on aviation fuel suppliers and aircraft operators in case of non- compliance. The level of the penalties needs to be proportionate to the environmental damage and to the prejudice to the level-playing field of the internal market inflicted by the non-compliance. When imposing administrative fines, the authorities should take into account the evolution of the price of aviation fuel and sustainable aviation fuel in the reporting year, bearing in mind that in the first period of application of the Regulation, there will have to be as much clarity as possible on the rules introduced and it is conceivable that some doubt may arise as to how to apply a less than straightforward set of new rules perfectly;
Amendment 141 #
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 a significant percentage of the shortfall of meeting the quota in the subsequent year;
Amendment 142 #
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, any proposed incentives and their effectiveness, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level. Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation.
Amendment 144 #
Proposal for a regulation
Recital 31
Recital 31
(31) An appropriate transitional period of 5at least 10 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.
Amendment 145 #
Proposal for a regulation
Recital 32
Recital 32
(32) Since the objective of this Regulation, namely to maintain a level playing field on the Union air transport market while increasing the use of sustainable aviation fuels, and contributing to the pursuit of competitiveness for Union operators in the sector's global setting, 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 at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 147 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The international dimension of aviation is strategically important now. To achieve the results and ambitions of this Regulation and a real reduction in emissions from European and global aviation, action by the European Union vis-à-vis non-European countries is necessary. The action is needed to protect the competitiveness of the main market players based in the Member States and at the same time to disseminate practices similar to those included in this Regulation on a global scale. This Regulation will be all the more effective if the Union manages to be a reference in the sector at international level.
Amendment 165 #
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 and recycled fossil fuels, as defined in Article 2, second paragraph, point 35 and 36 of Directive (EU) 2018/2001, used in aviation either as final fuels or as intermediate products for the manufacture of aviation fuels (Article 25(1)(b) of that Directive);
Amendment 180 #
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 a significant share of that shortfall in the subsequent reporting period.
Amendment 186 #
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 90% of the yearly aviation fuel required. The mandatory minimum sustainable aviation fuel quotas must be proportional to the volume of traffic at the airports concerned.
Amendment 193 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
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 in line with the principle of technology neutrality. These infrastructure adaptations should have no economic impact other than for operators using those fuels.
Amendment 202 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
By 31 March0 June of each reporting year, aircraft operators shall report the following information to the Agency:
Amendment 203 #
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) The yearly non-tanked quantity, per Union airport and destination in the EU. If the yearly non-tanked quantity is negative or if it is lower than 10% of the yearly aviation fuel required, the reported yearly non-tanked quantity shall be reported as 0;
Amendment 207 #
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 information considered relevant information free of charg the specific scope free of charge and in a reasonable time frame.
Amendment 210 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
By 31 March0 June 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 213 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
The Agency shall have access to the Union database and shall use the information contained in the Union database, only once the information has been verified at Member State level pursuant to Article 28 of Directive (EU) 2018/2001 and the Member State has given formal authorisation.
Amendment 215 #
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 fuel suppliers. Member States shall inform the Commission thereof. Those authorities should be the same as those that assess the ETS and CORSIA.
Amendment 220 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and must take account of an initial learning period. Member States shall notify these provisions to the Commission by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 238 #
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
The Agency shall publish every year a technical report on the basis of the yearly reports referred to in Articles 7 and 9. That report shall contain at least four points from the following information:
Amendment 244 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
By way of derogation from Article 4, from 1 January 20235 until 31 December 20239, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.
Amendment 252 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 202830 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level.
Amendment 258 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
It shall apply from 1st January 20233.
Amendment 259 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
However, Article 4 and 5 shall apply from 1 January 20235 and Articles 7 and Article 9 shall apply from 1st April 20234 for the reporting period of the year 20233.