82 Amendments of Pablo ARIAS ECHEVERRÍA related to 2021/0205(COD)
Amendment 41 #
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, as well as one of the main connector 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 47 #
Proposal for a regulation
Recital 2
Recital 2
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security., avoiding the possible raise of air fares and the reduction of flight frequencies;
Amendment 51 #
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 convergence on the use of sustainable aviation fuels and, if appropriate, should establish specific provisions on the use of sustainable aviation fuels within the comprehensive multilateral and bilateral air transport agreements between the EU or its Member States ;
Amendment 58 #
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 60 #
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 reduces 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 67 #
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 and needs support over time for the development and deployment of mature and new sustainable aviation fuels and on research for new aircraft engines and technologies. _________________ 10 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 78 #
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviationfuels which save 55% 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 81 #
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 87 #
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 similar approach to align 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 104 #
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 report to the Commission.
Amendment 109 #
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, 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 116 #
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, all sustainable aviation fuels produced from feedstock listed in Parts A and B of Annex IX ofvided by Directive (EU) 2018/2001, as well asincluding 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, complying with the sustainability and greenhouse gas emissions criteria laid down in Article 29 and certified in accordance with Article 30 of that Directive are essential to decarbonise air transport already in the short term.
Amendment 122 #
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasons, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non-eligibility of crop- based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector if they comply with the sustainability and greenhouse gas emissions criteria laid down in Directive (EU) 2018/2001.The indirect land-use change that occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes has already been addressed in that Directive.
Amendment 124 #
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasonsGiven safeguards provided by Articles 29 and 30 of Directive (EU) 2018/2001, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure oProper enforcement of this Directive with an appropriate track and trace system in pland and can lead to ce combined withe extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non- eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sectorstablishing market conditions with tailored incentives, should lead to ramping up the alternative fuels market in the Union. In addition, Annex V of this Directive addresses the GHG savings of each crop for each production pathway. While some feedstock indeed do not reduce as much emissions as others, they have on the other hand other advantages, such as the fact that they are available in Europe, that they produce also protein for livestock or that they are intermediate crops to protect the soil during winter. It is therefore recommended, in particular during the green transition, to allow the use of every fuel, where the feedstock is harvested under the sustainability criteria laid out in Article 29 of Directive (EU)2018/2001. Furthermore, Directive (EU) 2018/2001 limits and sets a cap on the use of biofuels in road and rail transport, which can be extended to all modes of transport. The aviation sector has currently insignificant levels of demand for food and feed crops-based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to use all types of sustainable aviation fuels in a cost effective manner to reach climate goals through effective measures.
Amendment 127 #
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 . _________________ 12 https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32018 L2001&from=fr
Amendment 132 #
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. The Commission should propose measures to incentivise the development and the uptake of sustainable aviation fuels necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directiveare covered by the scope of this Regulation.
Amendment 142 #
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 143 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) Member States should be able to choose the supply infrastructure that is more efficient to comply with the minimun shares of sustainable aviation fuels. A mass balance system ensures that the sustainable aviation fuels blended with conventional fuel are traceable along the pipeline infrastructure connecting airports, refineries and fuel storage sites. Such a system also ensures the physical supply of sustainable aviation fuels to all the airports connected to the infrastructure, avoiding CO2 emissions and pollution from lorries and heavy vehicles.
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 its 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 EU intra and extra flights, the Commission should regularly monitor, evaluate and report on fuel tankering cases and present to the European Parliament and the Council after the enter into force of this Regulation compensatory measures, if needed.
Amendment 152 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) The tradability of sustainable aviation fuel use, a so-called ‘book and claim’ system, should be introduced. By setting it up, within each airport covered by the 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 2025, the Commission should propose establishing ‘book and claim’ system through a delegated act.
Amendment 159 #
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 161 #
Proposal for a regulation
Recital 22
Recital 22
(22) AirportsOwners of fuel supply infrastructure covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. If necessary, the Agency should be able to require a Union airport to provide information on the infrastructure available allowing for seamless distribution and refuelling of aircraft operators with sustainable aviation fuels. The role of the Agency should allow airports and airlines to have a common focal point, in the event where technical clarification is necessary on the availability of fuel infrastructure.
Amendment 169 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) 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 harmonized sustainability criteria should be advocate by the Union.
Amendment 170 #
(27 b) To further promote 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 Regulation.
Amendment 171 #
Proposal for a regulation
Recital 27 c (new)
Recital 27 c (new)
(27 c) 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 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 GHG 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 172 #
Proposal for a regulation
Recital 27 d (new)
Recital 27 d (new)
(27 d) 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 176 #
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 178 #
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 assessing the effect of all Fit for 55 proposals, including an in-depth analysis of EU competitiveness, carbon leakage, potential risk of mobility reduction and cost effectiveness of GHG emissions reductions.
Amendment 182 #
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 185 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate compliance costs in the affected sectors.
Amendment 193 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation shall apply to aircraft operators, Union airports with the relevant parties in fuel supply, and to aviation fuel suppliers.
Amendment 194 #
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 concerned shall report that information to the European Commission; _________________ 13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges
Amendment 197 #
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(21) 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 year before 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; _________________ 13 Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges
Amendment 198 #
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 729 commercial air transport flights departing from Union airports in the year before the reporting period or, where that person may not be identified, the owner of the aircraft;
Amendment 200 #
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 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 210 #
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 Directiveor aviation biofuels, which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
Amendment 212 #
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 55% 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 233 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8 a (new)
Article 3 – paragraph 1 – indent 8 a (new)
- Low carbon fuels means liquid and gaseous fuels which save at least 70% greenhouse gas emissions in comparison to conventional liquid or gaseous fossil fuels;
Amendment 238 #
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 241 #
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 242 #
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 243 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
–‘Mass balance’ means a system that allows for the blending of sustainable aviation fuel with conventional aviation fuel to be registered at each transfer point in the logistic infrastructure and ensures the physical supply of sustainable aviation fuel to airports and its traceability along the supply chain.
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 16 a (new)
Article 3 – paragraph 1 – indent 16 a (new)
- The relevant parties in fuel supply: means a supplier of ground-handling services as define in Directive 96/67 /EC in charge of the infrastructures necessary for the delivery, storage and uplifting of sustainable aviation fuels;
Amendment 261 #
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 covered by this Regulation contains a minimum share of sustainable aviation fuel, including a minimum share of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I.
Amendment 268 #
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 shortfall in the subsequent reporting period, where possible, subject to availability of feedstock.
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Without prejudice to the application of Article 4 paragraph 1, Member States jointly with the Commission may exclude airports where the costs are disproportionate to the environmental benefits, whilst 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 275 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Aviation fuel suppliers may demonstrate compliance with the obligation of the first paragraph if they use a mass balance system that registers the share of sustainable and synthetic aviation fuels physically supplied to the airports connected to their logistic infrastructure.
Amendment 279 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 285 #
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 287 #
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 European Parliament and the Council on an annual basis. Following the analysis, the Commission shall amend this Article where appropriate, at the latest after three years of the entry into force of this Regulation.
Amendment 288 #
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 with the use of sustainable aviation fuels, including renewable fuels of non- biological origin ( RFNBO), covered under this Regulation. 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 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 with the use of best available aircraft technology in the previous year: (a) 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 EU taxonomy.Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. (b) An operator shall report its share of flights using best available aircraft technology, in relation to their total emissions in a given year to the competent authorities.They shall request that the reported data is substantiated and verify the data. (c) To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology.
Amendment 292 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a SAF Alliance Within one year after the entry into force of this Regulation, a European SAF Alliance shall be established. The European SAF Alliance shall be coordinated by the Commission with the aim to identify policies for scaling-up of SAF in Europe, inter alia by encouraging the production for the most innovate technologies, identifying policies and market developments, and addressing possible negative impacts of this Regulation. The participation in the European SAF Alliance shall be voluntary..
Amendment 297 #
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 302 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations of Union airports to provide the infrastructure
Amendment 309 #
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 310 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Owners of fuel supply infrastructure in Union airports shall take the 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 313 #
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 315 #
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 airportowner of the infrastructure to provide the information necessary to prove compliance with paragraph 1. The Union airportowner of the infrastructure concerned shall provide the information without undue delay.
Amendment 324 #
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 airportowner of the infrastructure does not fulfil its obligations. Union airportsOwners of infrastructure 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) first indent.
Amendment 326 #
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 331 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Aviation Transitional 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 EU aviation sector. The Aviation Fund shall constitute an integral part of the EU budget 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 dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU 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 GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance and airports infrastructure. The Fund shall aim at a geographical balanced support of the sectors covered, taking into account specific sectoral circumstances and investment needs.
Amendment 338 #
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 343 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 349 #
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 356 #
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 31January of each reporting year.
Amendment 359 #
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 363 #
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 373 #
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, the relevant parties involved in fuel supply and fuel suppliers. Member States shall inform the Commission thereof.
Amendment 375 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
(3) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of an aircraft operator shall be determined pursuant to Commission Regulation (EC) No 748/200916 . _________________ 16 Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC
Amendment 376 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
(4) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of Union airports shall be determined on the basis of the respective territorial jurisdiction.
Amendment 377 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
(5) The competent authoritiesy or authorities, depending on particular situation of a Member State, in respect of aviation fuel suppliers shall be determined pursuant to their Member State of establishment.
Amendment 378 #
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 391 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 396 #
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
(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 401 #
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 fuel per type of fuel feedstock supplied at Union level in aggregate and by Union airport;
Amendment 406 #
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 409 #
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 412 #
Proposal for a regulation
Article 12 – paragraph 1 – point f a (new)
Article 12 – paragraph 1 – point f a (new)
(f a) The state of play of the SAF life cycle development and deployment.
Amendment 422 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 31 December 2025, the Commission shall conduct a comprehensive impact assessment, assessing the effect of all Fit for 55 proposals, where this Regulation is an integral part of, including an analysis of EU competitiveness, including hub transfer, risk of mobility reduction, cost effectiveness of GHG 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 Regulation, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG 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 432 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
By 1 January 2029, the Commission shall reassess the 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 the green transition and reach the climate goals.
Amendment 435 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 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 EU 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 453 #
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;