91 Amendments of Markus PIEPER 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 asnd 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 63 #
(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., avoiding a possible raise of air fares and a reduction of flight frequencies;
Amendment 70 #
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. 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. The Union external aviation policy should promote converge on the use of sustainable aviation fuels and if appropriate establish specific provisions on the use of sustainable aviation fuels within the comprehensive multilateral and bilateral air transport agreements between the Union or its Member States, and third countries.
Amendment 77 #
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 and the relevant 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 79 #
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 fares. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic 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 prolong the turn-around times and reduce operational capacity of the airports, especially in peak 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.
Amendment 91 #
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, 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 but also in the medium and long term. However, this potential is currently largely untapped. _________________ 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 and needs support over time for the development and deployment of mature and new sustainable aviation fuels and for research on new aircraft engines and technologies.
Amendment 100 #
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviationfuels which save 70% of greenhouse gases as compared with fossil fuels and are 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, which should also be supported and covered by this Regulation, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
Amendment 104 #
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., avoiding different blending mandates at national level;
Amendment 108 #
Proposal for a regulation
Recital 10
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAOnd defined at ICAO and the Union should follow a similar approach to align the Union aviation framework with those international standards with the aim of promoting sustainable aviation fuels at global level. 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.
Amendment 112 #
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, sustainableynthetic aviation fuels produced from feedstock listed in Parts A and B of Annex IXand biofuels which are not subject to high ILUC risk and comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) 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 termnd are certified in accordance with Article 30 of this Directive should be eligible. New production capacities need to be created while at the same time existing feedstock for biofuels and biogas should be used in production pathways with the highest environmental benefits in terms of GHG-emission reduction and GHG-intensity.
Amendment 119 #
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. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. A threshold of yearly passenger air traffic and freight traffic should be defined, below which airports would not be covered by this Regulation; however, the scope of the Regulation should cover at least 95% of total traffic departing from airports in the Union. For the same reasons, a threshold should be defined to exempt aircraft operators accountable for a very low number of departures from airports located on EU territory. However, airports that meet the exemption requirements can opt to be covered by this Regulation after the Member State reports to the Commission.
Amendment 138 #
Proposal for a regulation
Recital 18
Recital 18
(18) A single, clear and robust sustainability framework is necessary to provide legal certainty and continuity for the aviation and fuels industries actors, on the eligibility of sustainable aviation fuels under this Regulation. To ensure consistency with other related EU policies, the eligibility of sustainable aviation fuels should be determined according to compliance with the sustainability criteria established in Article 29 of Directive 2018/200112 . _________________ 12https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018 L2001&from=fr
Amendment 141 #
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 syntheticustainable aviation fuels over time. Setting out a dedicated sub-obligation on syntheticThe Commission should propose measures incentivising development and uptake of sustainable aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directiveare covered by the scope of this Regulation.
Amendment 145 #
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 accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.
Amendment 147 #
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. 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 and operation standards. The requirement ensures that equal conditions for operations in the Union applying equally to Union and foreign operators, at least for part of their flights, 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 tankeringFor a level playing field between intra-EU and extra-EU flights, the Commission should regularly monitor, evaluate and report on fuel tankering cases and present to the Parliament and the Council 3 years after the entry into force of this Regulation compensatory measures, if needed.
Amendment 150 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Following 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 a delegated act establishing a ‘book and claim’ system.
Amendment 153 #
Proposal for a regulation
Recital 22
Recital 22
(22) Airports and the relevant parties involved in fuel supply covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport and the relevant parties involved in fuel supply 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 162 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) European SAF criteria should follow international standards and regulations at ICAO level to ensure global implementation and maximum environmental benefits, whilst ensuring a level playing field for all the stakeholders. A similar approach at ICAO level and for globally harmonised sustainability criteria should be advocated by the Union.
Amendment 163 #
Proposal for a regulation
Recital 27 b (new)
Recital 27 b (new)
(27b) To further promote the uptake of sustainable aviation fuels whose prices are predicted to remain multiple times higher than that of conventional fuel in the foreseeable future, aircraft operators covered under Directive 2003/87/EC should receive free allocations when using sustainable aviation fuels for activities covered under this Directive.
Amendment 164 #
Proposal for a regulation
Recital 27 c (new)
Recital 27 c (new)
(27c) An Aviation Transition Fund (‘the Aviation Fund’) should be established to provide funds to the Member States to support their policies supporting air transport sector decarbonisation. This should be achieved notably through the development of innovative technologies for decarbonising the sector, production of sustainable alternative fuels as defined in this Regulation, including systems for collection of raw materials for alternative fuels, investments in research and development and first industrial application of technologies and designs reducing greenhouse gas emissions, research for new engines and technologies and airports infrastructure. The Commission should submit a legislative proposal for the creation of the Aviation Fund. The Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances and revenue generated from penalties raised in this Regulation. The Aviation Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
Amendment 165 #
Proposal for a regulation
Recital 27 d (new)
Recital 27 d (new)
(27d) The establishment of a European SAF Alliance by the Commission focuses on aligning the entire industrial value chain to boost production, distribution and use of the SAF. This platform formed by aircraft operators, Union airports with the relevant parties in fuel supply, aviation fuel suppliers and fuels producers, among others, has the aim of identifying policies, market developments and scale-up of SAF in Europe, taking into consideration the principle of technology neutrality.
Amendment 169 #
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 171 #
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, 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, and set new targets, where appropriate. In addition, the Commission should conduct a comprehensive impact assessment on the effect of the entire 'Fit for 55' legislative package, including in-depth analysis on Union competitiveness, carbon leakage, potential risk of mobility reduction and cost effectiveness of greenhouse gas emissions reductions.
Amendment 174 #
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 the relevant parties involved in fuel supply, 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 179 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) 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 in other Union Regulations that generate compliance costs in the affected sectors.
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to aircraft operators, Union airports, and the relevant parties in fuel supply and to aviation fuel suppliers.
Amendment 184 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Given that this Regulation will generate additional costs for affected sectors and therefore for passengers, compensatory actions need to be taken. The Commission should therefore be obliged to present respective proposals before entry into force of this Regulation. The proposals should support necessary investments and offset the new financial burdens. Addressing on the one hand measures at EU level, such as enforcing public private partnerships, a targeted investment strategy and a clear allocation of financial resources by establishing a dedicated innovation fund, and on the other hand measures at Member States level such as reduction of taxes, charges and levies as well as the costs and duration of certification processes.
Amendment 185 #
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 100000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union;. If any Union airport meets the exemption requirements, it may still opt to be covered by this Regulation. The Member State 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
Amendment 188 #
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) Research and innovation will play a substantial role in the development of sustainable and synthetic aviation fuels and the production capacity building. A respective investment priority should be clearly set within the relevant EU funding programmes identified by the Commission, i.e. Horizon Europe, Connecting Europe Facility, EU ETS Innovation Fund, InvestEU. A number of calls should be reserved to respective R&D activities.
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 1 a (new)
Article 3 – paragraph 1 – indent 1 a (new)
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
— ‘aircraft operator’ means a person that operated at least 729XX [lower the number of flights] commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;
Amendment 201 #
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, whichfuels which save 70% of greenhouse gases as compared with fossil fuels, in line with Directive (EU) 2018/2001 and 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 207 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
Amendment 214 #
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 hydrogen, synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from othe feedstock listed in Part B of Annex IX to that Directiver than high ILUC-risk feedstock, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive (EU)2018/2001 and are certified in accordance with Article 30 of this Directive;
Amendment 216 #
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, taking into account operational restrictions and supply shortages;
Amendment 217 #
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 as defined as trip fuel and taxi fuel in accordance with EASA Fuel Policy and the actual fuel uplifted by an aircraft operator prior to flights departing from a given Union airport, over the course of a reporting period;
Amendment 218 #
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 223 #
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 225 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
Without prejudice to the application of Article 4(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 Article 4 and Annex I. In such case Member States shall provide a reasonable explanation on their decision to the Commission.
Amendment 228 #
— ‘synthetic aviation fuels’ means liquid or gaseous fuels that are renewable fuels of non- biological origin and recycled carbon fuels, as defined in Article 2, second paragraph, point 35 and point 36 of Directive (EU) 2018/2001, or electricity used in aviation;
Amendment 230 #
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 leastreport the reasons for SAF shortage to the European Union Aviation Safety Agency. The Commission may request that the aviation fuel supplier complement that short fall in the subsequent reporting period, where possible, subject to availability of feedstock.
Amendment 235 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a By 1 January 2025, 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 of the SAF production and consumption, in attesting their environmental and technical performance and in associating the various types of SAF with adequate incentives.
Amendment 239 #
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 970% of the yearly aviation fuel required.
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission shall monitor, evaluate and report cases of fuel tankering to the Parliament and the Council on an annual basis. Following the analysis, the Commission shall amend this Article where appropriate, after three years of the entry into force of this Regulation.
Amendment 242 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
An aircraft operator performing activities covered under Directive 2003/87/EC shall receive free allocation proportional to the use of sustainable aviation fuels, including renewable fuels of non- biological origin ( RFNBO), covered under this Directive. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to paragraph 3 of this Article, in accordance with Article [XX - Article3c (6) (new)] of Directive 2003/87/EC. The amount of free allocation received by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (b) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (c) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive. An aircraft operator shall also receive free allocation proportional to the use of best available aircraft technology in the previous year. The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the Taxonomy Regulation. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. A European SAF Alliance shall be proposed by the Commission with the aim to identify policies for scaling-up of SAF in Europe, according to the principle of technology neutrality.
Amendment 247 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations of Union airports and the relevant parties involved in fuel supply to provide the infrastructure
Amendment 250 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Union airports and the relevant parties involved in fuel supply 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 252 #
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 Union airport and the relevant parties involved in fuel supply to provide the information necessary to prove compliance with paragraph 1. The Union airport concernedand the relevant parties involved in fuel supply shall provide the information without undue delay.
Amendment 258 #
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 Union airport does not fulfil its obligations. Union airportsand the relevant parties involved in fuel supply does not fulfil its obligations. Union airports and the relevant parties involved in fuel supply 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 259 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Article 6 a Aviation Transition Fund A dedicated Aviation Transition Fund (“the Aviation Fund”) shall be proposed by the Commission through a dedicated act in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in the Union aviation sector. The Aviation Fund shall constitute an integral part of the budget of the Union and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances and revenue generated from penalties raised in this Regulation. The Aviation Fund shall be managed centrally by the Commission. The Aviation Fund shall support the transition to an energy efficient and climate resilient Union aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in this Regulation, including systems for collection of raw materials and plants for SAFs, investments in research and development and first industrial application of technologies and designs reducing greenhouse gas emissions, research for new aircraft engines and technologies, aircraft operation and performance and airports infrastructure. The Aviation Fund shall aim at a geographical balanced support of the sectors covered, taking into account specific sectoral circumstances and investment needs.
Amendment 261 #
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, if provided by the fuel supplier:
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 263 #
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 272 #
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, not later than 31 January of each reporting year.
Amendment 275 #
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 278 #
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 281 #
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 involved in fuel supply, and fuel suppliers. Member States shall inform the Commission thereof.
Amendment 282 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) The competent authoritiesy or authorities, depending on the 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 283 #
(4) The competent authoritiesy or authorities, depending on the particular situation of a Member State, in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.
Amendment 284 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
(5) The competent authoritiesy or authorities, depending on the particular situation of a Member State, in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.
Amendment 286 #
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 290 #
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 296 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 300 #
(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 304 #
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 310 #
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transition Investment Facility, as a top-up to the EU guaranteeAviation Fund.
Amendment 312 #
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 312 #
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 313 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) The status of compliance of airports and the relevant parties involved in fuel supply regarding obligations set out in Article 6;
Amendment 313 #
Proposal for a regulation
Article 12 – paragraph 1 – point d
Article 12 – paragraph 1 – point d
(d) The status of compliance of airports and the relevant parties involved in fuel supply regarding obligations set out in Article 6;
Amendment 315 #
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., covered by this Regulation;
Amendment 315 #
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., covered by this Regulation;
Amendment 323 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 31 December 2025, the Commission shall conduct a comprehensive impact assessment on the effect of the entire 'Fit for 55' legislative package, where this Regulation is an integral part of, including analysis on Union competitiveness, including hub transfer, risk of mobility reduction, cost effectiveness of greenhouse gas emissions reductions, total rise of costs, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.Following its result, the Commission shall determine whether it is justified to revise this Directive, 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.
Amendment 323 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 31 December 2025, the Commission shall conduct a comprehensive impact assessment on the effect of the entire 'Fit for 55' legislative package, where this Regulation is an integral part of, including analysis on Union competitiveness, including hub transfer, risk of mobility reduction, cost effectiveness of greenhouse gas emissions reductions, total rise of costs, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.Following its result, the Commission shall determine whether it is justified to revise this Directive, 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.
Amendment 330 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
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, research and technological development as well as the condition of the aviation sector in order to facilitate green transition and reach climate goals.
Amendment 330 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
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, research and technological development as well as the condition of the aviation sector in order to facilitate green transition and reach climate goals.
Amendment 332 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Compensatory regulatory reduction 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. 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.
Amendment 332 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Compensatory regulatory reduction 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. 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.
Amendment 340 #
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) From 1 January 2030, a minimum share of 510% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;
Amendment 340 #
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) From 1 January 2030, a minimum share of 510% of SAF, of which a minimum share of 0.7% of synthetic aviation fuels;
Amendment 346 #
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 346 #
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 352 #
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 352 #
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 357 #
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 357 #
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 362 #
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
Amendment 362 #
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
Amendment 443 #
Proposal for a regulation
Annex I – point a
Annex I – point a
(a) From 1 January 2025, a minimum share of 2% of SAF of which a maximum of 0.325 Mtoe of biofuels produced from Part B, Annex IX of Directive (EU)2018/2001 and a minimum share of 0.04% of synthetic aviation fuels;
Amendment 449 #
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 maximum of 0.325 Mtoe of biofuels produced from Part B, Annex IX of the Directive (EU) 2018/2001 and a minimum share of 0.7% of synthetic aviation fuels;
Amendment 457 #
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 maximum of 0.325Mtoe of biofuels produced from Part B, Annex IX of Directive (EU)2018/2001 and a minimum share of 5% of synthetic aviation fuels;