34 Amendments of Niels FUGLSANG related to 2021/0205(COD)
Amendment 60 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) One of the most critical challenges that the transport sector, including air transport, faces is the need to significantly reduce its emissions and become more sustainable. In 2018, the air transport sector accounted for more than 13 % of all Union greenhouse gas emissions from transport and around 3,6 % of total Union greenhouse gas emissions.
Amendment 61 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) In line with the Union’s climate commitments under the Paris Agreement, adopted under the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’), the Union has established legal obligations through the Regulation (EU) 2021/11191a to achieve climate neutrality by 2050 at the latest and to achieve a reduction of net greenhouse gas emissions by at least 55 % compared to 1990 by 2030. Accordingly, various policy instruments are needed to contribute to the reduction of greenhouse gas emissions in all economic sectors, including the aviation sector. Currently, aviation relies exclusively on fossil jet fuel to operate, and growing passenger numbers have rapidly increased net emissions from the sector. The total air passenger traffic in Europe has more than doubled since 1990. CO2 emissions from aviation are projected to increase more than 20 % by 2050, compared to 2015. To reverse this trend and support the decarbonisation of the aviation sector, action is needed to ramp up the uptake and supply of sustainable aviation fuels. _________________ 1aRegulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)(OJ L 243, 9.7.2021, p. 1).
Amendment 65 #
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, in particular achieving climate-neutrality by 2050 at the latest, with high levels of connectivity, safety and security.
Amendment 72 #
Proposal for a regulation
Recital 5
Recital 5
(5) In particular, it is essential to ensure a level playing field across the Union air transport market regarding aviation fuel, which account for a substantial share of aircraft operators’ costs. Variations in fuel prices can affect significantly aircraft operators’ economic performance and, negatively impact competition on the market and disrupt air connectivity for citizens with the burden that this entails for the right of freedom of movement for citizens relying on air transport. Where differences in aviation fuel prices exist between Union airports or between Union and non-Union airports, this can lead aircraft operators to adapt their refuelling strategies for economic reasons. Fuel tankering increases aircraft’s fuel consumption and results in unnecessary greenhouse gas emissions, and it's also a risk of loss of competitiveness of Union airports vis-à-vis third country airports. Fuel tankering by aircraft operators accordingly undermines of the Union’s efforts towards environmental protection. Some aircraft operators are able to use favourable aviation fuel prices at their home base as a competitive advantage towards other airlines operating similar routes. This can have detrimental effects on the competitiveness of the sector and be harmful to air connectivity. This Regulation should set up measures to prevent such practices in order to avoid unnecessary environmental damage as well as to restore and preserve the conditions for fair competition on the air transport market.
Amendment 76 #
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbongreenhouse gas emissions from aircraft flying from Union airports, including addressing the non- CO2 climate impacts of aviation. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.
Amendment 80 #
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 new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, and new zero-emission aircraft technologies, such as electric- or hydrogen-powered aircraft can play an important role in commercial aviation in the medium and long term, sustainable aviation fuels offer the onlymain 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 82 #
Proposal for a regulation
Recital 8
Recital 8
(8) SThis Regulation aims at establishing a common definition of sustainable aviation fuels as fuels from renewable sources. Currently, the most common 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 fuelsThey 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 from renewable sources are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights. This Regulation should also take into account these energy carriers, promoting their acceleration and incentivising technological innovation. Sustainable aviation fuels are expected to account for a major part of the aviation fuel mix in the medium term and they should replace the conventional fossil aviation fuels in the long term.
Amendment 96 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market and promoting sustainable renewable fuels in aviation. In particular, the present Regulation aims to avoid a fragmentation of the aviation market, prevent possible competitive distortions between economic actors, or unfair practices of cost avoidance as regards the refuelling of aircraft operators. All this said, this Regulation should pay special attention to those air routes connecting islands with the continent. Affordable air transport is a condition for the right of freedom of movement within the Union for the citizens from insular regions.
Amendment 102 #
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, to business aviation and to pleasure 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 on air transport operations at small airports. However, air transport operations at airports not covered by this Regulation could be encouraged to comply with the obligations of this Regulation on a voluntary basis. 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 EUnion territory.
Amendment 104 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) It is essential that less-connected European regions with few alternative transport modes are not disproportionately affected by the obligations resulting from this Regulation and that the access of these regions to essential goods and services is ensured. Special attention must be paid to price disruptions in air routes that connect islands with the continent. The almost total reliance of insular regions' citizens on air transport to travel to continental regions means that price increases in these routes would suppose an obstacle for Union citizens to exercise their right of free movement within the Union, and would also effect islands' economies.
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, prioritising those with the highest potential for sustainability. 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 110 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The development and production of sustainable aviation fuels has to be exponentially increased in the coming years. The Union and the Member States should invest in the research and production of sustainable aviation fuel projects as they present both an environmental and an industrial opportunity. The production of sustainable air fuels should be concentrated inside the Union, creating industrial, labour and research opportunities in all the Member States.
Amendment 117 #
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. ItMoreover, in order to take into account the criticality of air routes connecting islands with the continent, the access to sustainable fuel should be prioritised for island airports in face of significant price disruptions. This Regulation 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 131 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) This Regulation should promote greater transparency on the environmental footprint of aviation. Information should be provided to users of aviation services on life-cycle emissions of flights including on the use of sustainable alternative fuels, so that they can make informed decisions on their transport needs and the related environmental impacts. To this end, a comprehensive Union labelling system for the environmental performance of aviation, providing users of aviation services clear and easily understandable information about the environmental performance of aviation, should be established. The creation of such a labelling system could draw on existing and ongoing work at Union level.
Amendment 138 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels, including through establishing obligations for aviation fuel suppliers to provide a share of sustainable aviation fuel, a refuelling obligation for aircraft operators, and obligations for Union airports to provide the necessary infrastructure.
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels as defined in Article 2, second paragraph, point 34 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, which 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 168 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
— ‘synthetic aviation fuels’ means liquid or gaseous fuels that are renewable fuels of non- biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, or electricity from renewable sources used in aviation;
Amendment 175 #
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 airport 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. To meet these minimum shares, the biofuels produced from the feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 shall not count more than 1,7 % of the total aviation fuel supplied.
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Fuel suppliers may demonstrate compliance with the obligation provided for in paragraph 1 by using the mass balance system referred to in Article 30 of Directive (EU) 2018/2001 when fuel suppliers can prove that mass balance schemes avoid duplication of logistics systems and greenhouse gas emissions.
Amendment 183 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Measures on short-haul flights By 1 July 2023, the Commission shall present a report to the European Parliament and to the Council evaluating the environmental and climate impacts and the technical and economic viability of establishing specific requirements for short-haul flights to reduce such impacts, including the setting of higher minimum shares of sustainable aviation fuels referred to in Article 4 for these types of flights, taking into account the alternative modes of collective transport available to cover such services in a competitive period of time. This report has to take into consideration that air routes connecting island airports to continental airports are critical for island citizens' connectivity and islands' economies, and this Regulation should not harm any of them.
Amendment 192 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Union airports shall take necessary measures to facilitate the access of aircraft operators to aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide the infrastructure and labour force necessary for the delivery, storage and uplifting of such fuels, as well as for hydrogen and electric recharging/refuelling of aircrafts, in accordance with [Article 13 of Regulation on the deployment of alternative fuels infrastructure].
Amendment 198 #
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 mshall without undue delay request the Union airport to provide the information necessary to prove compliance with paragraph 1. The Union airport concerned shall provide the information without undue delay.
Amendment 214 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9 a Union labelling system for the environmental performance of aviation 1. In order to incentivise emission reductions and increase the transparency of information, the Commission shall set up a comprehensive Union labelling system for the environmental performance of aviation which shall apply to commercial air transport flights. 2. By 1 January 2024, the Commission shall adopt a delegated act in accordance with Article 13b to supplement this Regulation by setting out the detailed provisions for the functioning of the Union labelling system for the environmental performance of flights as well as the technical standards which constitute its basis.
Amendment 232 #
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 guarantee.
Amendment 236 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Allocation of penalties to support sustainable aviation fuels 1. The amount collected through the administrative fines referred to in Article 11 shall be allocated to support common projects aimed at the rapid deployment of sustainable aviation fuels, to promote the reduction of greenhouse gas emissions in the aviation sector, including the development, testing and deployment of innovative aircraft technologies that have the potential to achieve significant emission reductions, and to support redeployment, re-skilling and up-skilling of workers, in quality social dialogue with social partners. 2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the innovation fund referred to in Article 10a(8) of Directive 2003/87/EC. These revenues shall constitute external assigned revenue and shall be implemented in accordance with the rules applicable to the innovation fund.
Amendment 249 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 20286 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the application of this Regulation, evolution of the aviation fuels market and itsthe impact of this Regulation 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 Directivethe impact on air routes connecting islands with the continent, the social impacts as well as the related employment and training needs, 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 leveland the development of technologies such as electric- powered or hydrogen-powered aircraft.
Amendment 253 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Commission shall accompany the reports referred to in this Article, where appropriate, with legislative proposals amending this Regulation in particular in relation to: (a) the minimum shares referred to in Article 4 and Annex I. (b) the aligment of this Regulation with a potential policy framework on sustainable aviation fuels uptake at ICAO level in a manner that is consistent with the aim of preserving the environmental integrity and effectiveness of Union climate action, in particular the Union economy-wide greenhouse gases emissions reduction target for 2030 and the climate-neutrality objective as defined in Regulation (EU)2021/1119. (c) any possible disruptions on air routes connecting islands with the continent, taking into account their citizens' reliance on air transport to move within the Union.
Amendment 262 #
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 minimum share of 0,03 % of synthetic aviation fuels;
Amendment 267 #
Proposal for a regulation
Annex I – point b
Annex I – point b
(b) From 1 January 2030, a minimum share of 58 % of SAF, of which a minimum share of 0.72 % of synthetic aviation fuels;
Amendment 271 #
Proposal for a regulation
Annex I – point c
Annex I – point c
(c) From 1 January 2035, a minimum share of 201 % of SAF, of which a minimum share of 56 % of synthetic aviation fuels;
Amendment 274 #
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) From 1 January 2040, a minimum share of 3245 % of SAF, of which a minimum share of 820 % of synthetic aviation fuels;
Amendment 276 #
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) From 1 January 2045, a minimum volume share of 3863 % of SAF, of which a minimum share of 1130 % of synthetic aviation fuels.
Amendment 279 #
Proposal for a regulation
Annex I – point f
Annex I – point f
(f) From 1 January 2050, a minimum volume share of 63100 % of SAF, of which a minimum share of 2865 % of synthetic aviation fuels