The Council of the EU adopted its position (‘general approach’) on Thursday 2 June on two texts ‘FuelEU Maritime’ and ‘ReFuelEU Aviation’, which should respectively increase the use of renewable and low-carbon fuels in maritime transport (see EUROPE 12954/7) and increase the demand for and supply of sustainable aviation fuels (SAFs) (see EUROPE 12948/7).
For the aviation sector, the EU Council position maintains the Commission’s objectives in terms of obligations for suppliers to incorporate a minimum share of SAF from 2025 and a minimum share of synthetic fuels from 2030. Initially set at 5% of synthetic fuels by 2030, the EU Council has raised this target to 6%.
Similarly, the general approach maintains the 90% threshold for the annual quantity of aviation fuel taken on board at an EU airport in order to avoid ‘tankering’, i.e. taking tonnes of excess fuel to a third country airport, to take advantage of more flexible legislation on this issue.
However, exemptions have been introduced for certain flights subject to operational or structural fuel supply difficulties.
Furthermore, the EU Council has modified several points in comparison with the Commission proposal, notably by giving Member States the ability to enforce this regulation at airports where traffic is below the threshold set in the text.
The scope has also been revised. Certified biofuels meeting the sustainability and emission reduction criteria of the ‘RED II’ directive (see EUROPE 12936/23) up to a limit of 3% would be eligible. However, biofuels derived from food or feed crops would be excluded.
In addition, Member States could also increase their sub-targets for synthetic fuels under certain conditions and for a limited period.
Extending obligations to ships at anchor
On the ‘FuelEU Maritime’ dossier, the EU Council retained the Commission’s approach in terms of the size of ships covered by the text and geographical areas for greenhouse gas emission intensity reduction targets and also fuel certification.
However, the EU Council plans to give Member States the possibility of extending the obligations imposed to ships at anchor in ports, whereas the original text only referred to moored ships.
Several changes have also been made to strengthen the role of verifiers and public authorities in charge of controls, as well as for the calculation of greenhouse gas emission intensities and the resulting penalties and fines.
Several exemptions have been introduced for remote areas and islands, where resupply is more difficult. These exemptions, the EU Council says, would be time limited.
See the general approach for ReFuelEU Aviation: https://aeur.eu/f/1xf
See the general approach for FuelEU Maritime: https://aeur.eu/f/1xe (Original version in French by Thomas Mangin)