BRIEFING

ReFuelEU Aviation initiative

Summary of the Commission proposal and the
Parliament's draft committee report
SUMMARY
On 14 July 2021, the European Commission presented the fit for 55 package – including a number
of proposals to help cut emissions from transport. The package includes a proposal to increase
production and use of sustainable aviation fuels (SAF), also known as the ReFuelEU Aviation
initiative. In this proposal, the Commission puts forward obligations on fuel suppliers to distribute
SAF when supplying fuel at EU airports, in order to enhance SAF uptake by airlines and so help
reduce emissions from aviation. The Commission also wants to ensure that jet fuel uptake does not
go beyond what is needed for safe operation of flights, to prevent additional emissions related to
extra weight of aeroplanes carrying excessive amounts of fuel. This, in conjunction with the SAF
supply obligation, is intended to ensure that all flights departing from larger EU airports carry a
minimum amount of SAF.
In the European Parliament, the Committee on Transport and Tourism (TRAN) is responsible for the
file. In his draft report, the rapporteur Søren Gade (Renew Europe, Denmark) has proposed several
changes to the Commission's approach.
The TRAN committee draft report aims, inter alia, to provide aircraft operators and fuel suppliers
with more flexibility to arrange SAF distribution, initially extending the transition period. Moreover,
it suggests widening the rules' scope to encompass more airports; wants to encourage investment
in electric and hydrogen propulsion technology; and calls for the development of an environmental
labelling scheme to further encourage SAF use.
The vote in the TRAN committee is tentatively scheduled for June 2022.

IN THIS BRIEFING
 Background
 Comparing the Commission proposal and
Parliament's TRAN committee draft report
 Next steps

EPRS | European Parliamentary Research Service

Author: Jaan Soone
Members' Research Service
PE 729.457 – May 2022 EN
 ReFuelEU Aviation initiative

Background
In line with the priorities set out in the European Green Deal, in June 2021, the European Climate
Law was adopted, setting into law the EU target for 2030 of reducing greenhouse gas (GHG)
emissions by at least 55 % compared with 1990 levels. This was followed by the July 2021
publication of the fit for 55 package, which consists of several legislative proposals to deliver on the
targets agreed in the European Climate Law. The package contains proposals to bring down
emissions from the aviation sector, including those intended to tighten up the EU emissions trading
scheme (ETS) and increase the use of alternative fuels in aviation, and a proposal to strengthen
deployment of alternative fuels infrastructure, in particular electric charging points for stationary
aeroplanes at EU airports.
To promote the uptake of production and use of such fuels in aviation, the Commission presented
the ReFuelEU Aviation sustainable air transport initiative, which would oblige fuel suppliers to
supply an increasing share of sustainable aviation fuels (SAF) at EU airports. The initiative also aims
to tackle fuel tankering practices (i.e. taking on more fuel than necessary for a given flight, because
it is cheaper at the departure airport than at the destination airport), which can lead to more
emissions owing to the heavier overall weight of aeroplanes. This should also ensure that all flights
leaving major EU airports are using a minimum share of SAF.
The file has been referred to the Parliament's Committee on Transport and Tourism (TRAN), which
appointed Søren Gade (Renew Europe, Denmark) as rapporteur. The first discussion on the file in the
TRAN committee took place on 1 December 2021. The draft report of 11 February 2022 was
presented in the TRAN meeting on 3 March 2022 (video recording). The rapporteur has proposed
several amendments to the Commission proposal. Overall, more than 400 amendments (39-470 and
471-472) have been tabled by Members, and discussed in TRAN on 19 April 2022 (video recording).

Comparing the Commission proposal and Parliament's TRAN

committee draft report
Fuel mandate
The Commission's draft regulation sets
minimum obligations for all fuel suppliers to Figure 1 – Minimum share of SAF to be
gradually increase the share of SAF in the fuel supplied according to the Commission
supplied to operators at EU airports, in proposal
accordance with a timetable set out in annex I
(article 4). According to this timetable, the
minimum share of SAF supplied at each EU
airport should be 2 % in 2025 and 5 % in 2030,
increasing to 20 % in 2035, 32 % in 2040, 38 % in
2045, and 63 % in 2050. Within the SAF
requirement, a sub-obligation is envisaged for
synthetic aviation fuels, 1 growing from 0.7 % in
2030 to 5 % in 2035, 8 % in 2040, 11 % in 2045,
and 28 % in 2050 (Figure 1).
A transition period until the end of 2029 is
envisaged, in which fuel suppliers may supply
the minimum share of SAF as an average over Source: Sustainable aviation fuels, EPRS, March
all the aviation fuel they supplied across EU 2022.
airports for that reporting period (article 13).
While maintaining the targets proposed by the Commission, the rapporteur proposes
harmonisation of target-setting for fuel supply across the EU. The aim is to avoid situations in

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which higher overall SAF supply obligations at national level are adopted in some Member States,
which could intensify the competition for feedstock with other sectors, and lead to shortages of
supply in other regions. For synthetic aviation fuels, the rapporteur proposes a 'symbolic'
additional sub-target for synthetic aviation fuels of 0.03 %, also for 2025.
Moreover, Parliament's rapporteur proposes a new flexibility mechanism to extend the transition
period for SAF supply proposed by the Commission from five to eight years. This should allow
aeroplane operators and aviation fuel suppliers to arrange SAF distribution and use at the EU
airports of their choice in a cost-effective way and proportionate to their needs.

SAF definition
The Commission proposal defines SAF as 'drop-in' aviation fuels (fuels substitutable for conventional
aviation fuel) that are:
 either synthetic aviation fuels,
 advanced biofuels produced from feedstock such as agricultural or forestry residues,
algae and bio-waste, 2 or
 biofuels produced from certain other feedstocks with 'high sustainability potential'
(e.g. used cooking oil, certain animal fats) 3 that meet the sustainability and GHG
emissions criteria 4 (Figure 2).
The Commission lists limited scalability potential and sustainability concerns as reasons for
excluding feed and food crop-based fuels.

Figure 2 – Types of SAF and feedstocks as proposed by the European Commission

Source: Sustainable aviation fuels, EPRS, March 2022.

Meanwhile, the rapporteur also proposes to consider electricity and hydrogen technologies in
relation to the mandate on SAF when those technologies become mature and commercially
available, to further encourage investments in these technologies.

Level playing field and fuel tankering

The draft regulation establishes the obligation for aeroplane operators to ensure that the yearly
quantity of aviation fuel uplifted at any given EU airport is at least 90 % of the yearly aviation fuel
required (article 5). Thus, the Commission wants operators to refuel each time with only the fuel
required for a given flight, and thereby prevent aeroplanes being filled with excessive amounts of
fuel. The rule aims to help cut additional emissions, which could otherwise result from aeroplanes
that are heavier because they are flying with excessive fuel. Together with the concurrent SAF
supply obligation at EU airports, this rule also aims to ensure that all flights departing from larger EU
airports have a minimum share of SAF, whether the airline is an EU airline or not.

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While supporting the principle of limiting tankering practices (citing the need to ensure aviation
safety further), the committee draft report adds a 'force majeure' clause on exemptions from fines
for non-compliance with obligations in place to prevent fuel tankering, if this was caused by
exceptional and unforeseeable circumstances, outside airline operators' control.

Scope
The draft report also widens the scope of the rules to include most EU airports, and lowers the
threshold to include more air carriers than covered by the Commission proposal. The Commission
proposed to include airports where passenger traffic was higher than 1 million passengers, or where
freight traffic was higher than 100 000 tonnes in a reporting period, and aeroplane operators having
at least 729 flights per reporting period. Conversely, Parliament's rapporteur proposes that
aeroplane operators with 52 flights or more per reporting period be included.

Penalties
The Commission proposal lays down financial penalties for fuel suppliers and operators failing to
comply with the obligations laid down in the regulation, and proposes that such fines be transferred
to the InvestEU Green Transition Investment Facility (article 11). Meanwhile, according to the draft
report, the revenue from the fines collected under the new rules should be allocated to a new
Sustainable Aviation Fund; the aim being to stimulate innovation and research specifically in
aviation, and invest in zero-emissions technologies and sustainable infrastructure.

Further incentives for SAF uptake

According to the TRAN committee draft report, the European Aviation Safety Agency would be
tasked with developing an environmental labelling scheme, in order to drive consumers' choices
and further encourage the use of SAF and other sustainability measures by aeroplane operators. The
rapporteur also suggests that part of the overall amount of ETS allowances should be allocated
free of charge to aeroplane operators for uplifting SAF.
More information on the background, the initiative, stakeholder views and the draft report can be
found in the EPRS 'legislation in progress' briefing Sustainable aviation fuels and the fit for 55
package.

Next steps
The draft report is tentatively scheduled to be voted in the TRAN committee in June. Once the full
house has endorsed the report as the Parliament's negotiating mandate, and the Council has also
agreed its position, interinstitutional negotiations can start, with a view to reaching an agreement
on the rules' final wording.

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MAIN REFERENCES
Soone J., ReFuelEU Aviation initiative: Sustainable aviation fuels and the fit for 55 package, EPRS,
European Parliament, March 2022.
Soone J., Sustainable Aviation Fuels, infographic, EPRS, European Parliament, March 2022.
Wilson A., Revision of the Renewable Energy Directive: Fit for 55 package, EPRS, European Parliament,
December 2021.

ENDNOTES
1
In the impact assessment accompanying the Commission proposal, synthetic aviation fuels are defined as renewable
liquid or gaseous fuels of non-biological origin. They are synthetic liquid fuels produced by (1) conversion of
renewable electricity through the electrolysis of water to produce green hydrogen, and (2) mixing hydrogen with CO2
captured directly from air, biogenic origin, or industrial processes to produce liquid hydrocarbons.
2
From feedstocks listed in Part A of Annex IX to RED II.
3
From feedstocks listed in Part B of Annex IX to RED II.
4
As defined in Article 29(2) to (7) RED II and certified as provided for in Article 30 RED II.

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© European Union, 2022.
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