36 Amendments of César LUENA related to 2021/0205(COD)
Amendment 40 #
Proposal for a regulation
Recital 1
Recital 1
(1) Over the past decades, air transport has played a crucial role in the Union's economy and in the everyday lives of Union citizens, as one of the best performing and most dynamic sectors of the Union economy. It has been a strong driver for economic growth, jobs, trade and tourism, as well as for connectivity and mobility for businesses and citizens alike, particularly within the Union aviation internal market. Growth in air transport services has significantly contributed to improving connectivity within the Union and, fostering cohesion and reducing regional disparities within the Union, in particular for peripheral, outermost and insular regions, as well as with third countries, and has been a significant enabler of the Union economy.
Amendment 44 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) In line with the Union’s climate commitments under the Paris Agreement, the European Union has established legal obligations through the Regulation (EU) 2021/1119 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 transport sector. Taking into consideration that currently aviation relies exclusively on fossil jet fuel to operate, targeted financing and policy measures at EU and national level are needed to reverse this trend and to ramp up the uptake and supply of sustainable fuels, in order to advance in the decarbonisation of the sector.
Amendment 52 #
Proposal for a regulation
Recital 3
Recital 3
(3) The functioning of the Union air transport sector is determined by its cross- border nature across the Union, and by its global dimension. The aviation internal market is one of the most integrated sectors in the Union, governed by uniform rules on market access and operating conditions. The air transport external policy is governed by rules established at global level at the International Civil Aviation Organisation (ICAO), as well as by comprehensive multilateral or bilateral agreements between the Union or its Member States, and third countries. In consequence, it is important that the Union pushes forward changes at ICAO level regarding fiscal and regulatory frameworks in aviation, including in the uptake of SAF, with the same level of ambition as at EU level in order to ensure a fair international level playing field in the sector.
Amendment 69 #
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, including new zero-emission electric- or hydrogen- powered aircrafts, are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped. _________________ 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 74 #
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 fuels are technologically ready to play an important role in reducing emissions from air transport already in the very short term. TheyOther 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 and long term and they should replace the conventional fossil aviation fuels in the long term. Further, with the support of appropriate international fuel standards, sustainable aviation fuels might contribute to lowering the aromatic content of the final fuel used by an operator, thus helping to reduce other non-CO2 emissions. Other alternatives to power aircraft, such as electricity or liquid hydrogen are expected to progressively contribute to the decarbonisation of air transport, beginning with short-haul flights.
Amendment 80 #
Proposal for a regulation
Recital 9
Recital 9
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the EU aviation sector and its associated industries (e.g. manufacturing) by defining harmonised requirements across the Union.
Amendment 83 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) To create a global market of sustainable aviation fuels, the EU should engage in establishing and implementing a global policy framework at ICAO level. This should prevent distortions of competition in the international aviation market and the loss of traffic flows connecting through the EU airports and should prevent carbon leakage.
Amendment 84 #
Proposal for a regulation
Recital 10
Recital 10
(10) At 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 by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels. In order to ensure the long- term competitiveness of traffic flows connecting through EU airports, the Union should do its utmost to ensure the adoption of a global scheme on the use of sustainable aviation fuels, while safeguarding the Union's competence regarding this matter.
Amendment 90 #
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. Targeted support and financing is required from EU and national levels, as well as incentivising public and private partnerships to accelerate the uptake of sustainable aviation fuels.
Amendment 103 #
Proposal for a regulation
Recital 15
Recital 15
(15) The present Regulation should apply to aircraft engaged in civil aviation, carrying out commercial air transport flights. It should not apply to aircraft such as military aircraft and aircraft engaged in operations for humanitarian, search, rescue, disaster relief or medical purposes, as well as customs, police and fire-fighting operations. Indeed, flights operated in such circumstances are of exceptional nature and as such cannot always be planned in the same way as regular flights. Due to the nature of their operations, they may not always be in a position to fulfil obligations under this Regulation, as it may represent unnecessary burden. In order to cater for a level playing field across the EU aviation single market, this regulation should cover the largest possible share of commercial air traffic operated from airports located on EU territory. At the same time, in order to safeguard air connectivity for the benefits of EU citizens, businesses and regions, it is important to avoid imposing undue burden on air transport operations at small airports. 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 EU territory.
Amendment 108 #
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, but their potential is limited due to constraints on the availability of feedstock, and their supply chain and collection are not always well tracked. Directive (EU) 2018/2001 limits these feedstocks. Biofuels produced from the feedstocks listed in Annex IX part B to Directive (EU) 2018/2001 that are counted towards the present sustainable aviation fuels (SAF) obligation are subject to the cap established under that Directive for counting such biofuels towards the renewable energy target in transport. This Regulation should reflect the cap set out in Directive (EU)2018/2001.
Amendment 133 #
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, and also those derived from Direct Air Capture (DAC) 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 139 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time. The interim targets of this Regulation could be revised in the future where appropriate on the basis of the evolution of the aviation fuels markets, the EU's climate commitments as well as on the impact on the competitiveness on the EU aviation internal market.
Amendment 157 #
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. If necessary, the AgencyAirports should also take the necessary measures for the future deployment of alternative fuels infrastructure for hydrogen and electric recharging for aircrafts. If necessary, the European Union Aviation Safety Agency (‘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 168 #
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 should be established that can provide users of aviation services clear and easily understandable information about the environmental performance of aviation. The creation of such a labelling system could draw on existing and ongoing work at Union level.
Amendment 174 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
Amendment 186 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) To advance the decarbonisation efforts of the Union, the Commission and Member States should ensure that both existing and future comprehensive air transport agreements as well as air services agreements integrate comprehensive and binding provisions on a sustainable aviation fuels' blending mandate. Member States should equally strive to achieve this in their existing and future bilateral air service agreements.
Amendment 190 #
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 221 #
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 229 #
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 259 #
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 265 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 305 #
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 necessary for the delivery, storage and uplifting of such fuels, as well as for hydrogen and electric recharging and refuelling infrastructure for aircrafts, in accordance with [Article 13 of Regulation on the deployment of alternative fuels infrastructure].
Amendment 317 #
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 344 #
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 commercial air transport flights departing from Union airports, expressed in tonnes.
Amendment 372 #
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 382 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(2 a) 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. The Commission is empowered to adopt delegated acts in accordance with Article 13b to determine guidance for the calculation of the amount of the fine.
Amendment 394 #
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 398 #
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, 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 400 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) The amount of sustainable aviation fuel purchased by aircraft operators at Union level in aggregate, for use on commercial air transport flights departing from a Union airport, and by Union airport;
Amendment 402 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) The amount of sustainable aviation fuel and of synthetic aviation fuel supplied at Union level in aggregate, by Member State and by Union airport;
Amendment 405 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) The state of the market, including price information, and trends in sustainable aviation fuel production and use in the Union, and in each Member State;
Amendment 410 #
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) The origin and the characteristics of all sustainable aviation fuels purchased by aircraft operators for use on commercial air transport flights departing from Union airports.
Amendment 420 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Opt-in for airports and aircraft operators An airport situated on Union territory, or an aircraft operator operating from Union airports, which do not fall within the scope of the definitions set out in Article 3 may request to be treated as an Union airport or aircraft operator, respectively, under this Regulation if that airport or that aircraft operator informs accordingly the Commission, the Agency and the competent authorities.
Amendment 421 #
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13 b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 9a and 11 shall be conferred on the Commission for an indeterminate period of time from [the entry into force of this Regulation]. 3. The delegation of power referred to in Articles 9a and 11 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 9 a and 11 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 426 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 20285 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, the evolution of the aviation fuels market and itsthe impact on the competitiveness and the functioning of 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 socioeconomic 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, wh and the development of technologies such as electric- or hydrogen-powered appropriate, in lircraft, includineg with a potential policy framework on sustainable aviation fuels uptake at ICAO levelregards to the reduction of non-CO2 emissions.