Activities of Ciarán CUFFE related to 2021/0205(COD)
Plenary speeches (2)
Sustainable aviation fuels (ReFuelEU Aviation Initiative) (debate)
Sustainable aviation fuels (ReFuelEU Aviation Initiative) (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport
Amendments (106)
Amendment 39 #
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 ofn important role in the Union's 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, 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. However, a consistent failure to seriously address the environmental impact of the sector has meant that this growth has created a concomitant increase in greenhouse gas emissions, in the impact of the non-CO2 effects of aviation, and in air and noise pollution. This has led to a near-total dependence on fossil fuels and means the sector will struggle to develop a zero-emissions future without determined, ambitious, and immediate regulatory action.
Amendment 43 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) To fulfil its commitments under the Paris Agreement, adopted under the United Nations Framework Convention on Climate Change (the ‘Paris Agreement’), in June 2021 the Union adopted Regulation (EU) 2021/1119 of the European Parliament and of the Council (‘European Climate Law’). This Regulation establishes a binding objective on the Union to achieve climate neutrality by 2050 at the latest anda target of reducing net domestic greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030. At the 26th UN Climate Change Conference in November2021, the Union signed the Glasgow Climate Pact, whereby Parties recognise that keeping the increase in the average global temperature to 1.5°C above pre-industrial levels would significantly reduce the risks and impacts of climate change, while also committing to strengthen their 2030 targets by the end of 2022 in order to close the ambition gap for the 1.5°C target. As a consequence, the Union should aim to overshoot its established greenhouse gas emissions reduction targets through sector-specific legislation in order to accelerate climate action in this critical decade.
Amendment 45 #
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 sightNevertheless, 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 quickly return as we overcome the pandemic. Under current trends and adopted policies - that is without further EU-level intervention - aviation is projected to remain almost entirely reliant on fossil jet fuel in 2050, while CO2 emissions from the air transport sector relative to 2015 levels are projected to increase by 17% by 2030 and slightly more than 20% by 2050. Allowing the air transport sector to expand without safeguards may also thus negate the climate-mitigating impact of this Regulation. Even accounting for the impact of Covid-19, the International Civil Aviation Organisation estimates per annum growth in Europe of up to 3% a year until 2050 for passenger traffic, and 2.4% for freight traffic, with higher rates of growth expected in many parts of the world where the aviation sector is less developed1a. This growth will undermine the Union’s targets of reducing its greenhouse gas emissions by at least 55% by 2030 and reaching net-zero greenhouse gas emissions by 2050 at the latest. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuringto put in place a well- functioning transport sector, including an air transport market that contributes fully to achieving the Union’s climate goals, with high levels of connectivity, safety and security. _________________ 1a Traffic Forecasts, International Civil Aviation Organisation, https://www.icao.int/sustainability/Docum ents/Post-COVID- 19%20forecasts%20scenarios%20tables.p df
Amendment 49 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The overarching principle of energy efficiency first should be implemented across all sectors, going beyond the energy system to include the transport sector, including aviation. In particular, it should be integral to policy, planning and investment decisions related to the deployment of more energy efficient engines and sustainable alternative fuels and technologies, including as regards the rapid development of planes propelled by renewable electricity or green hydrogen.
Amendment 50 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
Amendment 53 #
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 rulUnion's external air transport policy needs to take into account processes established at global level at the International Civil Aviation Organisation (ICAO), as well as bynd in comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. The climate crisis is equally global in nature and requires urgent action. The Union should therefore lead by example to reduce the cost of climate inaction and adaptation which will otherwise only increase over time.
Amendment 54 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) Reducing overall aviation fuel demand constitutes an effective means of reducing the environmental impact of aviation. With the right mechanism design, this will permit sustainable aviation fuel to constitute a greater share of the overall fuel supply to the sector. Measures to achieve such a reduction in overall fuel demand should include modal shift, the elimination of direct and indirect subsidies to the sector, a phase out of flights on routes where viable sustainable alternatives exist, and mandatory training for pilots.
Amendment 56 #
Proposal for a regulation
Recital 4
Recital 4
(4) The air transport market is subject to strong competition between economic actors across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal rules and 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. However, given the long timelines and high number of variables involved, the potential loss of competitiveness to the air transport industry remains very difficult and complex to quantify, and is far outweighed by the threat to the industry posed by climate change and the industry’s exclusive reliance on fossil jet fuel.
Amendment 62 #
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 affect aircraft operators’ economic performance and negatively impact competition on the market. 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 non-CO2 impacts. 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 64 #
Proposal for a regulation
Recital 6
Recital 6
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing bothe carbon and non- CO2 emissions from aircraft flying from Union airports and the development of effective economic instruments that ensure the true cost of emissions from the sector is fully internalised. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.
Amendment 68 #
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 ofreduction of CO2 and non- CO2 emissions from 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 importantHowever, the global growth of air traffic has outpaced the sector’s emissions reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reduand without safeguards this risks completely undermining the Union’s environmental objectionves. Whereas new technologies are expected to help reducinge short-haul aviation’s reliance on fossil energy infrom the next decades, sustainable advanced biofuel or synthetic aviation fuels offer the onlya promising solution for significant decarbonisationreducing the environmental impact ofn all flight ranges, already in the short term. However, this potential is currently largely untapped. To achieve climate neutrality, the European Green Deal sets out the need to reduce transport emissions by 90% by 2050 (compared to 1990-levels) and with such developments a 100% decarbonisation of the transport sector remains possible and necessary. _________________ 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 73 #
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 enginesFor the purpose of this Regulation, the definition of sustainable aviation fuels (SAF) should also extend to renewable liquid and gaseous fuels of non-biological origin, including renewable hydrogen, and to electricity from renewable sources. This will enable energy sources for new propulsion pathways such as renewable hydrogen and electricity to count towards the SAF mandate, thus creating incentives for technological and industrial innovation in the EU. Sustainable aviation fuels are therefore renewable alternative fuels for powering aircraft that can replace fossil aviation fuels, and are expected to entirely replace these fossil fuels by 2040 at the very latest. While renewable electricity or renewable hydrogen-powered aircraft are expected to become commercially available in the medium term, drop-in alternative fuels, fully fungible with conventional aviation fuel and compatible with existing aircraft engines are already available. Certain drop-in fuels, in particular those using the hydro processed esters and fatty acids (HEFA) processing technology, are completely mature and use waste lipid feedstocks with a more efficient use in the maritime sector. In order to avoid additional carbon emissions in the EU transport system as a whole and direct investment towards developing technologies using more abundant feedstocks, the contribution of SAF from HEFA should be limited across parts A and B of Annex IX of Directive (EU) 2018/2001 (“Renewable Energy Directive”).. Several production pathways of sustainable drop-in aviation fuels have been certified at global level for use in civil or military aviation. Sustainable drop-in 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 majorsignificant part of the aviation fuel mix in the medium and long term. Furthermore, with the support of appropriate international fuel standards, sustainable aviation fuels mightshould 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 flightsTo promote the market uptake of sustainable aviation fuels, ICAO and EASA should ensure there are no delays in the adaptation and development of fuel and engine certification, in particular for engines compatible with 100% sustainable aviation fuels, and for engines propelled by renewable hydrogen and electricity.
Amendment 85 #
Proposal for a regulation
Recital 10
Recital 10
(10) At the global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered bycountries engage diplomatically on certification pathways and other sustainable aviation fuel requirements and objectives through ICAO. These include the sustainability criteria which the ICAO Council adopted in 2021 for SAF to be eligible for consideration under 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,While for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels, the Commission should seek to update these agreements to seek equivalence in sustainable aviation fuel mandates, which would help the global air transport sector increase its sustainability and grow the market for SAFs.
Amendment 88 #
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 afor the 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. Furthermore, national transpositions of Directive (EU) 2018/2001 risks creating significant fragmentation in the air transport market, where national rules on sustainable aviation fuels would set out widely differing targets. This would be expected to further exacerbate the issues of level playing field in air transport. _________________ 11 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 95 #
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 a competitive disadvantage with others. In athe second instance, it aims to geaput in place robust rules for the EU’s 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 98 #
Proposal for a regulation
Recital 14
Recital 14
(14) It is essential to set harmonised rules across the EU internal market, applying directly and in a uniform way to aviation market actors on the one hand, and aviation fuels market actors on the other hand. The overarching framework set out by Directive (EU) 2018/2001 should be complemented with a lex specialis applying to air transport. It should include gradually increasing targets for the supply of sustainable aviation fuels. Such targets should be carefully defined, taking into account the objectives of a well- functioning air transport market, the need to decarbonisereduce the climate and environmental impact of the aviation sector and the current status of the sustainable aviation fuels industry.
Amendment 100 #
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, to non-commercial air transport flights including business aviation and private flights, as well as military air transport flights carrying troops or military equipment and supplies. It should not apply to 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 an 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 territoryNevertheless, a pathway away from fossil fuels for all types of flights will be necessary, and the Commission and Member States should plan accordingly. In order to create a level playing field across the EU aviation single market and to develop the necessary infrastructure for SAFs across the entire EU, this regulation should cover almost all traffic operated from airports located on EU territory. Too broad or lengthy an exemption for certain airports and aircraft operators would risk concentrating SAF production, blending, supply infrastructure and related financing only in certain parts of the Union, delaying the transition and thereby increasing the cost of inaction, while also representing a missed opportunity for economic development in these regions. 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 an 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; h during a transition period. However, the scope of the Regulation should cover at least 95% of totaeventually cover almost all 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 113 #
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. However, due to limited supply and sustainability concerns, their contribution to overall SAF supply should be limited.
Amendment 125 #
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.
Amendment 134 #
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 fuel technologies 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. Theyis regulation should therefore mandate that a minimum share of the carbon feedstock needed to produce synthetic aviation fuel is sourced from direct air capture, in order for this pathway to provide 100% of the carbon needed for synthetic aviation fuel production by 2050 or earlier. Synthetic fuels 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 144 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) To ensure that the most energy- efficient air transport technologies are incentivised and that greenhouse gas saving potential is maximised, the definition of targets and sub-obligations shall include multipliers based on the Energy Efficiency Ratio (EER) and on greenhouse gas savings potential of the different possible combinations of fuel and aircraft propulsion technology. These multipliers shall be introduced through a delegated act, and any modifications thereafter shall be evaluated at each subsequent revision of this Regulation.
Amendment 145 #
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
Amendment 150 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Given the difficulty for the aviation industry to become climate- neutral in the short- to medium-term, it is necessary to ensure that the most sustainable transport mode is used for both passengers and freight where possible so that the Union can meet its environmental objectives. In line with the Communication on a Sustainable and Smart Mobility Strategy, modal shift remains an objective of the Union, therefore where sustainable alternatives exist, short-haul flights should be subject to higher mandates of sustainable aviation fuels in order to further promote the uptake of these fuels on the routes best suited to them in the short term, and to promote a level playing field between transport modes. To assist with enforcement, the Commission should list all short-haul flights with a sustainable alternative departing from a Union airport every quarter on a publicly accessible website. This will also inform consumers about available travel options and the associated environmental footprint for certain journeys. It should detail typical greenhouse gas emissions (including the non-CO2 impact in the case of aviation), air and other pollutant emissions, and energy resource consumption per passenger per kilometre travelled using average load factors, and the average duration for the journey by each mode.
Amendment 153 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
Amendment 154 #
Proposal for a regulation
Recital 21 c (new)
Recital 21 c (new)
(21 c) Given the significant environmental impact of the air transport sector, and the need to ensure passengers make informed choices, all aircraft operators and system vendors should inform consumers of the comparative environmental impact of a particular flight and that of alternatives in a clearly visible, neutral, comprehensive, understandable and user-friendly manner. This information should contain an estimate of the greenhouse gas emissions, non-CO2 impact (for aviation), air and other pollutant emissions, and energy resource consumption, per passenger per kilometre travelled for the flight, and for the same journey were it covered by other transport modes. A methodology to be used by operators for calculating the comparative environmental impact should be developed by the Commission, the Agency and the European Environment Agency in line with Action 35 from the Communication on a Sustainable and Smart Mobility Strategy and Recital 16 of Regulation (EC) No 80/2009.
Amendment 155 #
Proposal for a regulation
Recital 22
Recital 22
(22) Airports covered by this Regulation should ensure that all the necessary infrastructure is provided for delivery, storage and refuelling of sustainable aviation fuel, so as not to constitute an obstacle with respect to the uptake of such sustainable aviation fuel. This obligation should include providing electric powering and recharging infrastructure capacity and hydrogen refuelling infrastructure capacity, commensurate with the uptake of electric aircraft and renewable hydrogen propelled aircraft. 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 163 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) Many Union airports are supplied with aviation fuel principally via pipelines from refineries or blending stations where SAF blending to meet safety and sustainability specifications needs to take place. Many of these pipelines are owned and controlled by Member States or by NATO forces and a long standing prohibition on their use to transport SAF remains in place across the EU. Delivering SAF from refineries and blending stations to Union airports in sufficient quantities to meet the provisions set out in Annex I by alternate means such as by road would make less sense from a cost, logistical and environmental point of view in cases where existing infrastructure could be used. Member States should therefore ensure that the use of such infrastructure, including military and fuel supplier pipelines, is permitted in order to allow for the delivery of the minimum SAF targets required under this Regulation. Where SAF must travel by alternate means, more sustainable transport modes such as rail should be prioritised.
Amendment 164 #
Proposal for a regulation
Recital 23
Recital 23
(23) Aircraft operators should be required to report yearly to the Agency on their purchases of sustainable aviation fuel, as well as on the characteristics of this fuel. Information should be provided on the characteristics of the sustainable aviation fuels purchased such as inter alia nature and origin of the feedstock, conversion pathway and lifecycle emissions. In the case of operators of non-commercial flights or of short-haul flights with a sustainable alternative, proof of compliance with the higher SAF percentages required for these operators under this Regulation should also be provided.
Amendment 167 #
Proposal for a regulation
Recital 25
Recital 25
(25) Aviation fuel suppliers should be required to report yearly in the Union database referred to in Article 28 of Directive (EU) 2018/2001, on their supply of aviation fuel, including sustainable aviation fuels. The Agency should report on a yearly basis to the Commission on the fulfilment by aircraft operators and aviation fuel suppliers of their respective obligations under this Regulation. This is important for the Commission to have clear visibility on the level of compliance to the Regulation. In order to combat fraud, promote consumer confidence and ensure transparency and traceability regarding SAFs, details on the country or countries of origin of raw materials used in the production of SAF, as well as the country or countries of manufacture of SAF, should be made available on a publicly accessible website in disaggregated and summary format.
Amendment 177 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) The revenues generated from the payment of penalties should be used to promote the distribution and use of sustainable aviation fuels and related new technologies in the aviation sector with a view to helping the sector meet its climate and environmental goals. In particular, funding should promote the production of additional renewable electricity; the rollout of synthetic fuels and direct air capture technology; SAF, renewable electric and renewable hydrogen storage facilities; the development and deployment of aircraft propelled by renewable electricity and renewable hydrogen; supporting modal shift for fuel transport; efforts to reduce the non-CO2 effects of aviation; efforts to reduce air and noise pollution at airports including through the greater use of electric ground-based vehicles and auxiliary electrical power units.
Amendment 179 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 183 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31 a) Given the difficulties associated with reducing the environmental impact of the air transport sector in the short-to medium-term, there is a risk that growth in the sector will undermine the Union’s targets of reducing its greenhouse gas emissions by at least 55% by 2030 and reaching net-zero greenhouse gas emissions by 2050 at the latest. With SAF not expected to constitute the majority of total EU aviation fuel’s supply in the short- to medium-term, the climate- mitigating impact of this Regulation’s provisions may thus be undermined by such growth, in which case the Commission should revisit the requirements of this Regulation as regards SAF uptake, and also consider demand management measures to reduce overall demand for fuel and promote greater levels of modal shift towards more sustainable transport modes.
Amendment 189 #
Proposal for a regulation
Article 1 – title
Article 1 – title
1 Subject matter and objective
Amendment 191 #
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 with the objective of significantly reducing the climate and environmental impact of the aviation sector as part of the overall Union’s climate efforts in line with Article 2 of the Paris Agreement and Regulation (EU) 2021/1119.
Amendment 195 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
— ‘Union airport’ means an civil or military 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 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 199 #
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 729ny commercial or non- 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 203 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 3 a (new)
Article 3 – paragraph 1 – indent 3 a (new)
- ‘non-commercial air transport flight’ means the use of an aircraft by its owner or the natural or legal person who enjoys its use, including through hire, for other than commercial purposes
Amendment 204 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 3 b (new)
Article 3 – paragraph 1 – indent 3 b (new)
- ‘business aviation’ means the operation or use of aircraft by companies or individuals for the carriage of passengers or goods as an aid to the conduct of their business, flown for purposes generally considered not for public hire and piloted by individuals having, at the minimum, a valid commercial pilot license with an instrument rating
Amendment 205 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 3 c (new)
Article 3 – paragraph 1 – indent 3 c (new)
- ‘short-haul flight’ means a flight departing a Union airport, where the distance between this airport and the airport of arrival is less than 1 500 km as the crow flies;
Amendment 206 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 3 d (new)
Article 3 – paragraph 1 – indent 3 d (new)
- ‘Sustainable alternative to a short- haul flight’ means that passengers and goods can travel on a more sustainable scheduled collective transport mode such as train (including night trains), bus or ferry options, to a destination that is served by a short-haul flight, and for which the scheduled travel time lasts no more than 7 hours, or no more than 12 hours if by night travel services;
Amendment 222 #
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 226 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
— ‘synthetic aviation fuels’ means fuels that are renewable liquid and gaseous transport fuels of non- biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001, or electricity from renewable sources as defined in Article 2, second paragraph, point 1 of Directive (EU)2018/2001, both used in aviation;
Amendment 232 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8 a (new)
Article 3 – paragraph 1 – indent 8 a (new)
- 'direct air capture' means the chemical process, powered by electricity from renewable sources, by which CO2 is captured directly from the ambient air and not from point sources;
Amendment 234 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8 b (new)
Article 3 – paragraph 1 – indent 8 b (new)
- ‘electricity from renewable energy sources’ or ‘renewable electricity’ means electricity produced from renewable energy sources as defined in Article 2, second paragraph, point1 of Directive (EU) 2018/2001;
Amendment 235 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 8 c (new)
Article 3 – paragraph 1 – indent 8 c (new)
- ‘hydrogen from renewable energy sources’ or ‘renewable hydrogen’ means hydrogen produced from renewable electricity or from fuels that are renewable liquid or gaseous of non- biological origin, as defined in Article 2, second paragraph, point 36 of Directive (EU) 2018/2001;
Amendment 236 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 10 a (new)
Article 3 – paragraph 1 – indent 10 a (new)
- ‘energy efficiency ratio’ (EER) means a measure of how efficiently an aircraft converts the energy input to make a fuel into revenue-passenger kilometres (RPK). It is measured in RPK per megajoule of primary energy (RPK/MJ)
Amendment 240 #
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 necessary to operate the totality of commercial and non-commercial air transport flights operated by an aircraft operator, departing from a given Union airport, over the course of a reporting period; it should be expressed in tonnes of kerosene equivalent;
Amendment 245 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 16 a (new)
Article 3 – paragraph 1 – indent 16 a (new)
- ‘system vendor’ means any entity and its affiliates which is or are responsible for the operation or marketing of a computerised reservation system as defined in Article 2, point 5 of Regulation (EC) 80/20091a; _________________ 1a Regulation (EC) No 80/2009 of the European Parliament and of the Council on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89
Amendment 249 #
Proposal for a regulation
Article 3 – paragraph 1 – indent 16 b (new)
Article 3 – paragraph 1 – indent 16 b (new)
- – ‘computerised reservation system’ or ‘CRS’ means a computerised system containing information about, inter alia, schedules, availability and fares, of more than one air carrier, with or without facilities to make reservations or issue tickets, to the extent that some or all of these services are made available to subscribers, as defined in point 4 of Regulation (EC) 80/2009;
Amendment 256 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 263 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 266 #
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
Where these synthetic aviation fuels are produced with a carbon feedstock, a minimum share of that carbon feedstock must be produced by direct air capture in accordance with the values and dates of application set out in Annex I.
Amendment 267 #
Proposal for a regulation
Article 4 – paragraph 1 c (new)
Article 4 – paragraph 1 c (new)
Without prejudice to the application of Article 11(3) and (4), where an aviation fuel supplier for a given reporting period exceeds the maximum shares for advanced biofuels and biofuels produced from RED Annex IX part B feedstock as set out in Annex I, it shall ensure that an equivalent share of these fuels is not supplied in the subsequent reporting period.
Amendment 271 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
The total annual volume of advanced biofuels and biofuels produced from RED Annex IX part B feedstock provided to airports in the Union shall not exceed the values set out in Annex Ia. If on the basis of the information provided by aviation fuel suppliers pursuant to Article 9, the Commission finds that the values in Annex Ia have been exceeded, it shall propose without undue delay measures to limit the volumes provided to Union airports in the subsequent reporting period.
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
By 1 January 2025, Member States shall take all necessary measures to allow the continued and uninterrupted access of aviation fuel suppliers to military and civil transport aviation fuels infrastructure to supply both conventional aviation fuels and aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I to all Union airports.
Amendment 280 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Lowering the non-CO2 impact of aviation fuel 1. From 1 June 2023, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains maximum levels of aromatics (8%) and sulphur (10 ppm). 2. By 1 January 2024 and every three years thereafter, the Commission shall submit a report on the implementation of paragraph 1 to the European Parliament and the Council. The reports shall be made public.
Amendment 291 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 293 #
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5 b Additional requirements for aircraft operators operating short-haul flights with a sustainable alternative 1. Aircraft operators operating a short- haul flight with a sustainable alternative shall comply with higher minimum shares of sustainable aviation fuels. In a given reporting period, aircraft operators of short-haul flights with a sustainable alternative shall meet the following minimum shares as a weighted average across all flights operated. - 12,5% in 2025 - 35% in 2030 - 75% in 2035. 2. By 31 January 2023, the Commission shall draw up a list of all short-haul flights with a sustainable alternative that departed from a Union airport in the previous year. The Commission shall provide an estimate on the typical greenhouse gas emissions(including non- CO2 effects) for each short-haul flight with a sustainable alternative as well as each sustainable alternative, and the average duration of the journey by each mode. The list shall be updated every three months thereafter. In collecting this information, the Commission may request information from relevant aircraft operators, other transport operators and the competent authorities referred to in Article 10of this Regulation, which shall assist the Commission as necessary. This list shall be made available on a publicly accessible website in all of the Union’s official languages.
Amendment 294 #
Proposal for a regulation
Article 5 c (new)
Article 5 c (new)
Article 5 c Additional requirements for non- commercial air transport operators 1. An aircraft operator operating a non- commercial flight shall comply with higher minimum minimum shares of sustainable aviation fuels. In a given reporting period, aircraft operators of non-commercial flights shall meet the following minimum shares as a weighted average across all flights operated: - 12.5% in 2025 - 35% in 2030 - 75% in 2035.
Amendment 295 #
Proposal for a regulation
Article 5 d (new)
Article 5 d (new)
Article 5 d Customer information requirements for aircraft operators and system vendors 1. From 1 June 2023, aircraft operators, computerised reservation systems and system vendors covered under the scope of this Regulation shall provide their customers via their own selling platforms or via computerised reservation systems as defined in Regulation 80/2009, with information on the comparative environmental footprint of different transport modes for a particular journey. This information shall be presented in a clearly visible, neutral, comprehensive, understandable and user-friendly manner to the customer before booking a ticket and on the ticket itself and shall be provided for all flights. It shall contain an estimate of the greenhouse gas emissions, non-CO2 impact (for aviation), air pollutant emissions and noise pollution, and energy resource consumption, using average load factors, per passenger per kilometre travelled, and for all transport modes. Aircraft operators may also indicate the percentage of SAF used, if applicable, and if so, shall indicate the type of SAF. Aircraft operators shall require the customer to confirm that they have read such information before proceeding with the booking. 2. The methodology for such information shall be developed by the Commission, the Agency and the European Environment Agency by 31 January 2024 at the latest.
Amendment 312 #
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 sustainable aviation fuels containing shares of sustainable aviation fuels in accordance with Annex I and, shall provide all the infrastructure necessary for the delivery, electric powering and recharging, renewable hydrogen refuelling, storage and uplifting of such fuels in accordance with Annex I.
Amendment 318 #
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 mayshall 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 322 #
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 it to conclude that the Union airport does not fulfil its obligations. Union airports shall take theall necessary measures to identify and address the lack of adequate airport infrastructure in 5without undue delay and at the latest 2 years after the entry into force of theis Regulation or after the year when they exceed one of the thresholds in Article 3(a), in order to ensure the requirements under this Regulation are complied with.
Amendment 340 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) The total amount of aviation fuel uplifted at each Union airport, expressed in tonnes of kerosene equivalent;
Amendment 341 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) The yearly aviation fuel required, per Union airport, expressed in tonnes of kerosene equivalent;
Amendment 346 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) The total amount of sustainable aviation fuel purchased from aviation fuel suppliers, for the purpose of operating their flights departing from Union airports, expressed in tonnes of kerosene equivalent.
Amendment 348 #
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 amount purchased expressed in tonnes of kerosene equivalent, 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 350 #
Proposal for a regulation
Article 7 – paragraph 1 – point e a (new)
Article 7 – paragraph 1 – point e a (new)
(e a) For each short-haul flight with a sustainable alternative, proof that the percentages referred to in Article 5b were complied with.
Amendment 351 #
(e b) For each non-commercial flight, proof that the percentages referred to in Article 5c were complied with.
Amendment 352 #
Proposal for a regulation
Article 7 – paragraph 1 – point e c (new)
Article 7 – paragraph 1 – point e c (new)
(e c) Proof of compliance with the power supply obligations set out in Article 5 a.
Amendment 353 #
Proposal for a regulation
Article 7 – paragraph 1 – point e d (new)
Article 7 – paragraph 1 – point e d (new)
(e d) In order to assist the Commission with Article 5b(2), a list of the short haul flights they operated and the departure and arrival airports concerned.
Amendment 355 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
The report shall be presented in accordance with the templates laid down in Annex II.
Amendment 357 #
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 without undue delay.
Amendment 360 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) The volumeamount of aviation fuel supplied at each Union airport expressed in tonnes of kerosene equivalent;
Amendment 361 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) The volumeamount of sustainable aviation fuel supplied at each Union airport expressed in tonnes of kerosene equivalent, and for each type of sustainable aviation fuel, as detailed in point c);
Amendment 362 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) The lifecycle emissions, origin of feedstock and conversion process of each sustainable aviation fuel type supplied at Union airports. When synthetic aviation fuel is being supplied, the origin of the carbon feedstock must also be reported, as well as the share of the carbon feedstock sourced from direct air carbon capture.
Amendment 364 #
Proposal for a regulation
Article 9 – paragraph 1 – point c a (new)
Article 9 – paragraph 1 – point c a (new)
(c a) The percentage of each type of sustainable aviation fuel contained in each batch of conventional aviation fuel supplied at each Union airport;
Amendment 365 #
Proposal for a regulation
Article 9 – paragraph 1 – point c b (new)
Article 9 – paragraph 1 – point c b (new)
(c b) The country or countries of origin of the feedstocks used in the manufacture of a batch of sustainable aviation fuel;
Amendment 366 #
Proposal for a regulation
Article 9 – paragraph 1 – point c c (new)
Article 9 – paragraph 1 – point c c (new)
Amendment 368 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1 (new)
Article 9 – paragraph 2 – subparagraph 1 (new)
The Commission shall ensure that the information contained in the Union database pursuant to this Article and as outlined in paragraph 1 shall be made available on a publicly accessible website no later than 31 June each year, in disaggregated and summary format.
Amendment 369 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2.From 1 January 2023 and every quarter thereafter, aviation fuel suppliers shall report to the Commission and the Agency the following information relative to the previous quarter: (a) The average aromatic, naphtalene and sulphur content of aviation fuel for each batch supplied at a Union airport;
Amendment 374 #
(2) The Agency shall send the data received pursuant to Articles 7, 8 and 9 to the competent authorities of the Member States. The Agency shall also send to the competent authorities data aggregated for the aircraft operators and aviation fuels suppliers for which the authorities are competent pursuant to paragraphs 3, 4, 5, 5b and 5c.
Amendment 381 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(2 a) Member States shall ensure that any aircraft operator failing to comply with the obligations laid down in Article 5d and Article 8 is liable to an administrative fine. This fine shall not exceed 1% of total turnover of the operator in the preceding business year and in fixing the amount, shall give regard to the gravity and the duration of the infringement. Particular attention shall be paid to the ability of non- commercial air transport flight operators to pay such fines.
Amendment 383 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
(2 b) Member States shall ensure that any Union airport failing to comply with the obligations laid down in Article 6 is liable to an administrative fine.
Amendment 384 #
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 or maximum share of sustainable aviation fuels and in Article 4a relative to the maximum share of aromatics and sulphur of conventional 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 average price of conventional aviation fuel and sustainable aviation fuel per tonne and of the quantity of aviation fuels not complying with the minimum or maximum share referred to in Article 4 and Annex I;
Amendment 387 #
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 and in Article 4a relative to the maximum share of aromatics and sulphur of conventional 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 average 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 395 #
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 397 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
(7 a) If an aircraft operator, aviation fuel supplier or Union airport is found to repeatedly and consistently infringe the requirements set out in this Regulation, Member States shall be entitled to increase the penalties referred to in this Article.
Amendment 399 #
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Allocation of penalties to support Sustainable Aviation Fuels in the aviation sector The penalties referred to in Article 11(1) shall be used to support the following activities: - testing, development and uptake of synthetic aviation fuels, direct air capture, and renewable electric and renewable hydrogen technologies in aviation; - increasing the production of renewable electricity used in the production of SAF; - the construction of appropriate SAF infrastructure, and renewable electric and renewable hydrogen storage facilities; - enabling an effective modal shift from road to rail in the transport of aviation fuel to airports; - testing, development and uptake of electric ground-based vehicles and auxiliary electrical power units; - efforts to reduce the non-CO2 impacts of aviation.
Amendment 413 #
Proposal for a regulation
Article 12 – paragraph 1 – point f a (new)
Article 12 – paragraph 1 – point f a (new)
(f a) The climate-mitigating impact of this Regulation’s provisions
Amendment 416 #
Proposal for a regulation
Article 13
Article 13
Amendment 423 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 20287 and every fiveour years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO levelaluation of this Regulation, and shall, if appropriate submit legislative proposals to amend this Regulation. The report shall be made public.
Amendment 428 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
For the purpose of this Article, the Commission shall report on (a) the evolution of the aviation technology and fuels market, in particular the evolution of sustainable aviation fuels, and its impact on the internal aviation market of the Union; (b) the evolution of aviation activities, including aviation fuels and power supply facilities at airports in relation to their impact on both greenhouse gas and non- CO2 emissions, as well as air quality and noise pollution in and around airports; (c) the possible upwards revision of the minimum shares referred to in Article 4 and Annex I, and the level of fines, as well as the minimum shares in Articles 5b and 5c; (d) the possible revision downwards of the maximum levels of aromatics and sulphur in Article 4a; (e) the possible revision downwards of the maximum shares referred to in Annex I, taking into consideration breaches of the total permitted volumes referred to in Annex Ia.
Amendment 433 #
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
The report referred to in this Article shall also include information on: (a) the development of a potential policy framework for the uptake of sustainable aviation fuels at ICAO level and work on updating existing aviation agreements to incorporate equivalence in sustainable aviation fuel mandates; (b) the technological developments in the aviation industry which are relevant to this Regulation, including with regards to the reduction of the impact of the aviation sector on both CO2 and non-CO2 emissions; (c) the nature of Member State spending of the revenues generated from the penalties referred to in Article 11(1) and pursuant to Article 11a; (d) Potential regulatory changes required to ensure adequate safety training for aircraft operator, aviation fuel supplier or Union airport staff brought about as a result of the increased uptake of sustainable aviation fuel; (d a) an assessment of multipliers based on the Energy Efficiency Ratio (EER) and greenhouse gas savings potential.
Amendment 434 #
Proposal for a regulation
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
The Commission shall be empowered, through delegated acts as from 1 January 2023, to establish multipliers for the accounting of the different types of sustainable aviation fuels, based on the Energy Efficiency Ratio and further scientific evidence on average greenhouse gas savings potential.
Amendment 436 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a Contribution towards EU environmental objectives 1. The Commission in cooperation with the Agency and the European Environment Agency shall report annually on the increase or decrease in total greenhouse gas emissions and the non-CO2 impacts of aviation due to air transport, as well as the lifecycle environmental impact of sustainable aviation fuel production 2. If growth in these aspects is found to be stronger than the climate-mitigating impact of the use of sustainable aviation fuels required under this Regulation, the Commission shall come forward with legislative proposals to increase the requirements on the use of sustainable aviation fuels and propose demand management measures in order to reduce overall fuel demand for aviation fuel.
Amendment 439 #
Proposal for a regulation
Annex I – title
Annex I – title
Annex I (shares in tonnes of kerosene equivalent)
Amendment 441 #
Proposal for a regulation
Annex I – point a
Annex I – point a
(a) From 1 January 2025, a minimum share of 2% of SAF, consisting of: i) a maximum of 0.75% of advanced biofuels, ii) a maximum of 1.20% of biofuels produced from RED Annex IX, part B feedstocks, iii) a minimum share of 0.1% of synthetic aviation fuels;
Amendment 447 #
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 whichconsisting of: i) a maximum of 5.50% of advanced biofuels, ii) a maximum of 1.20% of biofuels produced from RED Annex IX, part B feedstocks, iii) a minimum share of 0.72.5% of synthetic aviation fuels; where these are produced with a carbon feedstock, 30% of that carbon feedstock must be produced by direct air carbon capture;
Amendment 456 #
Proposal for a regulation
Annex I – point c
Annex I – point c
(c) From 1 January 2035, a minimum share of 2057% of SAF, of whichconsisting of: i) a maximum of 11% of advanced biofuels, ii) a maximum of 1.20% of biofuels produced from RED Annex IX, part B feedstocks, iii) a minimum share of 45% of synthetic aviation fuels; where these are produced with a carbon feedstock, 65% of that carbon feedstock must be produced by direct air carbon capture.
Amendment 461 #
Proposal for a regulation
Annex I – point d
Annex I – point d
(d) From 1 January 2040, a minimum share of 32100% of SAF, of whichconsisting of: i) a maximum of 13% of advanced biofuels, ii) a maximum of 1.20% of biofuels produced from RED Annex IX, part B feedstocks, iii) a minimum share of 86% of synthetic aviation fuels; where these are produced with a carbon feedstock, 100% of that carbon feedstock must be produced by direct air carbon capture;
Amendment 465 #
Proposal for a regulation
Annex I – point e
Annex I – point e
(e) From 1 January 2045, a minimum volume share of 38100% of SAF, of whichconsisting of: i) a maximum of 5% of advanced biofuels, ii) a maximum of 0.1% of biofuels produced from RED Annex IX, part B feedstocks, iii) a minimum share of 1195% of synthetic aviation fuels.; where these are produced with a carbon feedstock, 100% of that carbon feedstock must be produced by direct air carbon capture;
Amendment 467 #
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 minimumconsisting of: i) a share of 28100% of synthetic aviation fuels; where these are produced with a carbon feedstock, 100% of that carbon feedstock must be produced by direct air carbon capture;
Amendment 470 #
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Annex III – Template for aircraft operator reporting 1 tonne of H2 = 2.8 tke (tonnes of kerosene equivalent) 1 kWh = 8.4 x 10^-5 tke 1 tke = energy released when 1 tonne of kerosene is burned =42.8 GJ (gigajoules) = 42.8 x 10^9 J (joules)
Amendment 471 #
Proposal for a regulation
Annex Ia (new)
Annex Ia (new)
Annex Ia (new) - Total permitted annual volumes of advanced biofuels and biofuels for the purposes of Article 4 (in Mtoe) Total permitted annual volume of Total permitted annual volume of advanced biofuels as defined in biofuels produced from feedstock Article 2, second paragraph, point listed in part B of Annex IX to 34 of Directive (EU) 2018/2001 (in Directive (EU) 2018/2001 (in Mtoe) Mtoe) From 1 January 2025 to 31 0.14 0.65 December 2029 From 1 January 2030 to 31 1.8 0.65 December 2034 From 1 January 2035 to 31 4.5 0.65 December 2039 From 1 January 2040 to 31 5.8 0.65 December 2044 From 1 January 2045 to 31 5.8 0.65 December 2049
Amendment 472 #
Proposal for a regulation
Annex II
Annex II
Annex II – Template for aircraft operator reporting ICAO code Yearly Actual Yearly non- Total yearly Union of Union aviation fuel aviation fuel tanked non-tanked airportUnion airport required uplifted quantity quantity airport (tonnes of (tonnes) of (tonnes of (tonnes) of kerosene kerosene kerosene kerosene equivalent) equivalent) equivalent) equivalent) Template 2 Amount Lifecycle Fuel (tonnes) of (tonnes) Conversion Characteristic emissions Type of SAF supplier kerosene technology s and origin equivalent)