29 Amendments of Cornelia ERNST related to 2021/0205(COD)
Amendment 55 #
Proposal for a regulation
Recital 1
Recital 1
Amendment 63 #
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 facilitating the modal shift to rail and other sustainable modes of transport and ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, creating synergies with other transport modes with high levels of connectivity, safety and security.
Amendment 75 #
Proposal for a regulation
Recital 6
Recital 6
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective funthe protectioning of Union transport systems and protection of the environmentthe environment and facilitating the modal shift to rail and other sustainable transport modes. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon and other non-carbon emissions from aircraft flying from Union airports to protect the environment and health. Such measures shouldall contribute to meeting the Union’s climate objectives by 2030 and 2050.
Amendment 81 #
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, 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 a modal shift to rail and other sustainable transport modes are necessary for a long-term reduction of emissions and overall fuel consumption from aviation, new technologies are expected to help reducing remaining short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped. _________________ 10Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 85 #
Proposal for a regulation
Recital 8
Recital 8
(8) Sustainable aviation fuels are liquid, drop-in fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines. Several production pathways of sustainable aviation fuels have been certified at global level for use in civil or military aviation. Sustainable aviation fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. They are expected to account for a major part of the aviation fuel mix in the medium and long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. Fuel efficiency and an overall reduction in fuel consumption can help to increase the share of sustainable aviation fuels in the short to medium term as a percentage of total fuel consumption.
Amendment 94 #
Proposal for a regulation
Recital 11
Recital 11
(11) At EU level, general rules on renewable energy for the transport sector are set out in Directive (EU) 2018/2001 of the European Parliament and of the Council11 . In the past, such horizontal cross-sectoral regulatory frameworks have not proven effective to operate a transition from fossil fuels to sustainable aviation fuel in air transport. Directive (EU) 2018/2001 and its predecessor set out overarching targets across all transport modes to be supplied with renewable fuels. As aviation is a small fuels market for which renewable fuels are more costly to produce while a fully integrated European transport market, in comparison to other transport modes, such regulatory frameworks should be complemented with aviation-specific measures to effectively boost the deployment of sustainable aviation fuels. Further, national transpositions of Directive (EU) 2018/2001 risks creating significant fragmentation in the air transport market, where national rules on sustainable aviation fuels would set out widely differing targets. This would be expected to further exacerbate the issues of level playing field in air transport. Lifting tax exemptions on conventional aviation fuel would provide additional incentives for the phase out of fossil fuels. _________________ 11 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 98 #
Proposal for a regulation
Recital 13
Recital 13
(13) This regulation aims in the first instance to set out a framework restoring and preserving a level playing field on the air transport market as regards the use of aviation fuels. Such a framework should prevent divergent requirements across the Union that would exacerbate refuelling practices distorting competition between aircraft operators or putting some airports at competitive disadvantage with others. In a second instance, it aims to gear the EU aviation market with robust rules to ensure that gradually increasing shares of sustainable aviation fuels can be introduced at EU airports without detrimental effects on the competitiveness of the EU aviation internal market.
Amendment 101 #
Proposal for a regulation
Recital 15
Recital 15
(15) The present Regulation should not 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 EUnion aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EUnion territory. At the same time, in order to safeguard air connectivity for the benefits of EUnion citizens, businesses and regions, it is important to avoid imposing undue burden onenable Union funding to 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, t in remote regions. The scope of the Regulation should cover at least 95100 % 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.
Amendment 115 #
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is 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 Directive.
Amendment 149 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) In order to increase the relative share of sustainable aviation fuels as a percentage of the total it is crucial to reduce overall fuel consumption in the aviation sector. Aircraft operators have to do their share to reduce fuel consumption by applying fuel efficiency measures, cutting fuel waste and by creating synergies with other transport operators to facilitate a modal shift to rail and other sustainable alternatives to short haul flights.
Amendment 150 #
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) The European aviation research and innovation capacity, such as Clean Aviation Joint Undertaking, shall promote disruptive aircraft technological innovations that are able to decrease net emissions of greenhouse gasses, includingnon-CO2 impacts, by no less than 30 % by 2030, compared to 2020 state-of-the-art technology while paving the ground towards climate-neutral aviation by 2050 and shall ensure that the technological and the potential industrial readiness of innovations can support the launch of disruptive new products and services by 2035, with the aim of replacing 75 % of the operating fleet by 2050 and developing an innovative, reliable, safe and cost-effective European aviation system that is able to meet the objective of climate neutrality by 2050 at the latest.
Amendment 152 #
Proposal for a regulation
Recital 32 c (new)
Recital 32 c (new)
(32 c) European aviation traffic has grown steadily before the Covid-19 pandemic. This makes it more challenging to reduce emissions, because the greater the fuel demand, the harder it is to decarbonise. Reducing passenger and fuel demand will be key in reducing aviation’s climate impact. This highlights the need to put in place demand management measures including kerosene taxation, reducing corporate travel, adequate emission pricing and cancelling planned airport expansion.
Amendment 155 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 1 a (new)
Article 3 – paragraph 1 – indent 1 a (new)
- ‘sustainable alternative to a short- haul flight’ means that passengers and goods can travel on an available more sustainable collective transport mode, e.g. train (including night trains), bus or ferry, to a destination that is served by a short-haul flight, and for which the travel time lasts no more than 8 hours or by night train taking less than 12 hours;
Amendment 157 #
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 reporting period or, where that person may not be identified, the owner of the aircraft;
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 3 a (new)
Article 3 – paragraph 1 – indent 3 a (new)
- 'police and customs flights' mean flights directly related to the conduct of customs or police activities and flights performed for this purpose by civil registered aircraft;
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 3 a (new)
Article 3 – paragraph 1 – indent 3 a (new)
- 'military flights' mean flights directly related to the conduct of military activities and military flights performed by civil registered aircraft;
Amendment 173 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
- 'private leisure-flying' means the use of an aircraft by its owner or the natural or legal person who enjoys its use either through hire or through any other means, for other than commercial purposes and in particular other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities;
Amendment 174 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
'short-haul flight' means a direct or indirect flight, where the distance between the initial airport of departure and the destination is less than 1 000 km;
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Union airports shall ensure that all aircraft operators including small aircraft operators can cover their demand for sustainable aviation fuels.
Amendment 184 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Fuel efficiency and obligation to take measures to reduce fuel consumption Aircraft operators are obliged to improve fuel efficiency and reduce their overall fuel consumption by applying fuel efficiency measures, cutting fuel waste and by facilitating a modal shift to sustainable alternatives to short haul flights. The Commission shall establish a timeframe and fuel consumption reduction targets for aircraft operators as well as reporting obligations for aircraft operators in a delegated act. Non- compliance shall be subject to fines imposed by relevant Member State authority in accordance with Article 11 of this Regulation.
Amendment 199 #
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. In case of non-compliance relevant Member State authority shall impose a fine in accordance with Article 11. Union airports shall take the necessary measures to identify and address the lack of adequate airport infrastructure in 5 years after the entry into force of theis Regulation or after the year when they exceed one of the thresholds in Article 3(a).
Amendment 206 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Measures taken under the obligation to reduce overall fuel consumption under Article 4a (new).
Amendment 212 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
The Agencypublic shall have access to the Union database andonce the information has been verified at Member State level pursuant to Article 28 of Directive (EU) 2018/2001. The Agency shall use the information contained in the Union database, once the information has been verified at Member State level pursuant to Article 28 of Directive (EU) 2018/2001.
Amendment 222 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member StatesThe Union shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall take all measures necessary to ensure that such penalties are implemented. Member States shall notify these provisions to the Commission by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 224 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) Member States shall ensure that any 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 averagepeak price of aviation fuel per tonne and of the total yearly non- tanked quantity;
Amendment 226 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
(3) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of sustainable aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly averagepeak price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying with the minimum share referred to in Article 4 and Annex I;
Amendment 228 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
(4) Member States shall ensure that any aviation fuel supplier failing to comply with the obligations laid down in Article 4 relative to the minimum share of synthetic aviation fuels is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly averagepeak price of synthetic aviation fuel and conventional aviation fuel per tonne and of the quantity of the aviation fuel not complying with the minimum share referred to in Article 4 and Annex I;
Amendment 233 #
(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 guaranteefines. The fines collected under Article 11 shall be allocated to financing a modal shift towards sustainable alternatives to short haul flights.
Amendment 248 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall contain an assessment of aircraft operators fuel consumption, their measures to improve fuel efficiency and progress towards decreasing overall fuel consumption. 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 shall identify short haul flights that can be replaced by sustainable alternatives to short haul flights and make recommendations that facilitate such a modal shift. 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. The report shall be made public.