ReFuelEU Aviation

Article 1 — Subject matter

This Regulation lays down harmonised rules on the uptake and supply of sustainable aviation fuels (SAF).

Article 2 — Scope

1. This Regulation applies to aircraft operators, to Union airports and their respective Union airport managing bodies, and to aviation fuel suppliers. Without prejudice to paragraph 3, this Regulation shall apply only to commercial air transport flights. 2. A Member State may decide, after consulting the airport managing body, that an airport not covered by Article 3, point (1), located on its territory, is to be treated as a Union airport for the purposes of this Regulation, provided that the requirements laid down in Article 6(1) are fulfilled at the time of the Member State decision. An airport managing body for an airport not covered by Article 3, point (1), located on the territory of a Member State, may make a request for that airport to be treated as a Union airport for the purposes of this Regulation, provided that it fulfils the requirements laid down in Article 6(1) at the time of that request. That airport managing body shall notify the Member State whose authority or authorities are responsible for the airport under Article 11(6) of that request. That notification shall be accompanied by a confirmation that the airport fulfils the requirements laid down in Article 6(1). The Member State concerned shall notify the decision referred to in the first subparagraph of this paragraph to the Commission and the European Union Aviation Safety Agency (the ‘Agency’) at least six months before the beginning of the reporting period from which that decision applies. The Member State decision shall be accompanied by a reasoned opinion showing that it is based on proportionate and non-discriminatory criteria, among airports sharing similar competitive characteristics. 3. A person operating commercial air transport flights who is not covered by Article 3, point (3), may decide to be treated as an aircraft operator for the purposes of this Regulation. A person operating flights other than commercial air transport flights within the meaning of Article 3, point (4), may decide to be treated as an aircraft operator for the purposes of this Regulation. A person covered by Article 3, point (3), may decide that its non-commercial air transport flights are also to be covered by this Regulation. Any such person shall notify its decision to the Member State whose competent authority or authorities are responsible for that aircraft operator in accordance with Article 11(5). That Member State shall notify that decision to the Commission and the Agency at least six months before the beginning of the reporting period from which that decision applies. 4. On the basis of the information received pursuant to paragraphs 2 and 3, the Commission shall provide an updated and consolidated list of the Union airports and aircraft operators concerned. That list shall be easily accessible.