ReFuelEU Aviation

Since January 1, 2024, the European Union (EU) has implemented the ReFuelEU Aviation regulation as part of the Fit for 55 package. This initiative aims to decarbonize the air transport sector by promoting the use of Sustainable Aviation Fuel (SAF) while maintaining fair competition across the Union. The regulation is designed to increase the production, supply, and adoption of SAF, while also discouraging fuel tankering practices by aircraft operators.

The ReFuelEU Aviation regulation applies to commercial air transport flights carrying passengers, cargo, or mail departing from specific EU airports. Compliance is required from aircraft operators, EU airports, and aviation fuel suppliers.

It's important to note that compliance with ReFuelEU Aviation is in addition to other emission regulations, such as EU ETS, UK ETS, or CORSIA, unless you are exempted.

Who must participate?

The regulation applies to commercial aircraft operators, whether based in the EEA or outside of it, operating at least 500 commercial passenger flights, or 52 commercial all-cargo flights from Union airports within a calendar year.

An airport qualifies as a Union airport if it meets either of the following criteria:

• Passenger traffic exceeds 800,000 passengers, or
• Freight traffic exceeds 100,000 tonnes

Airports located in the EU’s outermost regions are excluded from this classification. Click here for a complete list of Union airports.

Aircraft operators must account for all flights under their responsibility, defined by the ICAO designator used as the call sign in box 7 of the flight plan for ATC purposes. If the operator cannot be identified, the aircraft owner is responsible for compliance.

Click here for a detailed list of aircraft operators identified as in-scope for the 2024 reporting period.

Competent Authority

Each Member State has a designated competent authority responsible for enforcing ReFuelEU Aviation compliance. Click here to find your competent authority.

The assigned Member State for an aircraft operator is determined as follows:

• If regulated under the EU ETS, the administering Member State will also be responsible for ReFuelEU Aviation.
• If not included in the EU ETS list, the administering Member State will be the country that issued the operator's Air Operator Certificate (AOC).

The European Union Aviation Safety Agency (EASA) has been tasked by the European Commission to create and host a dedicated reporting platform - the Sustainability Portal - for aircraft operators. Currently, access to the portal is limited to operators already identified as in-scope for the regulation.

Main Obligations

As an aircraft operator, you are required to uplift at least 90% of your annual aviation fuel needs, which include trip fuel and taxi fuel, at designated Union airports to avoid penalties. This regulation is intended to discourage fuel tankering, a practice that unnecessarily increases emissions. Compliance requires ensuring that the total fuel uplifted at the same Union airport throughout the year meets this threshold. There are only two situations in which reduced fuel uplift can be justified: lower safety fuel and operational fuel divergence (OFD).

Monitoring and Record-Keeping

Monitoring flight and fuel information diligently is critical for ensuring compliance, as these records play a vital role during the verification process. It is essential to track data not only for departures from Union airports but also for previous flights, including those departing from non-Union airports. This information is necessary for accurately calculating safety fuel differences and operational fuel divergence.

To ensure the accuracy and completeness of your data, it is important to implement a robust management system that includes well-defined procedures and control activities for data collection, processing, and storage. Such a system should ensure that your list of aircraft, flights and reportable flights are accurate and complete. Use EUROCONTROL data for cross-checks. Flight hours and fuel data must be recorded precisely, and the correct fuel density values should be consistently applied. Any data gaps should be systematically identified and documented, while evidence justifying tanked quantities for safety reasons must be retained for future reference.

Consolidating all flight and fuel information into a Master spreadsheet can significantly streamline internal control activities, simplify the preparation of your annual report, and facilitate tests and checks performed during the audit. It is recommended you link the data to primary source records to enhance traceability and accuracy. Lastly, you should retain all relevant data for at least four years, or as determined by your member state, to ensure compliance with record-keeping requirements.

Reporting and Verification

By March 31 of each year, you must submit an annual report along with a verification report from your verifier to the competent authority of your administering member state. This reporting obligation begins in 2025 and will cover data for the period from January 1 to December 31, 2024.

The verification process is mandatory and ensures that your reported data is free from material misstatements and non-conformities. Auditors accredited under the EU ETS are authorized to perform the verification of the ReFuelEU Aviation report. Once the verification is complete, the verifier will issue a verification report confirming whether your report is satisfactory. If the verifier identifies any non-conformities or provides recommendations, you will be required to submit an improvement report to your competent authority, addressing these issues.

Reporting Exemptions

The reporting obligation applies only to commercial air transport flights, which are defined as flights transporting passengers, cargo, or mail for remuneration or hire. This includes flights operated under public service obligations, as well as flights linked to such commercial flights, such as maintenance, repositioning, ferry flights, diverted flights, and flights following an unplanned landing.

Certain flights are exempt from the reporting requirement. These include military flights, humanitarian flights, repatriation and return flights, search and rescue flights, flights operated for disaster relief or medical purposes, customs, police, and firefighting flights, as well as training flights conducted for type certification. Circular flights, which depart and arrive at the same airport, and state flights performed on official missions are also exempt from reporting.

A Closer Look at What Information Needs to Be Reported

Your annual report must include detailed flight and fuel information, including information on Sustainable Aviation Fuel (SAF) used. Specifically, for each Union airport, the report must show the Union airport's name and ICAO code, the total number of flights departing from the Union airport, the total flight hours for these departures (measured block to block), and the total aviation fuel required for these departures, excluding quantities uplifted for safety reasons. The report must also include the total fuel uplifted at the airport and a calculation of the total non-tanked quantity, which is determined by subtracting the total fuel uplifted and a 10% allowance from the total aviation fuel required for departures.

You must also provide details of tanked quantities for safety fuel and operational fuel divergence, as these are justifiable and exempt from penalties. Non-tanked quantities resulting from fuel tankering, however, are subject to penalties if they exceed the 10% allowance. It is important to note that the first 10% of unjustified tanked fuel is not penalized, providing a small margin of tolerance.

Lower safety fuel is calculated as the difference in safety fuel between the arriving and departing flights, while operational fuel divergence accounts for the difference between the required fuel of an arriving flight and the actual fuel consumed during that same arriving flight. These justifiable tanked quantities should be clearly documented to avoid penalties and ensure full compliance with the reporting obligations.

Fines

Aircraft operators failing to meet the refueling obligation will face significant penalties. The fine will be no less than twice the annual average price of aviation fuel per tonne, multiplied by the total yearly non-tanked quantity.

However, operators may be exempt from fines if they can demonstrate that non-compliance was due to exceptional, unforeseeable circumstances beyond their control that could not have been avoided despite taking all reasonable measures.

Please note: The imposition of fines will begin in 2025.