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1. The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90 % of the yearly aviation fuel required.

2. An aircraft operator may fall below the threshold in paragraph 1 of this Article where necessary for reasons of compliance with applicable fuel safety rules. In such cases, the aircraft operator concerned shall duly justify to the competent authority or authorities referred to in Article 11(6) and the Agency falling below that threshold, including giving an indication of the routes impacted. That information shall be included in the report under Article 8. The associated fuel quantities shall be reported separately in accordance with Article 8.

3. Exceptionally, an aircraft operator may, when duly justified, request from the competent authority or authorities referred to in Article 11(6) a temporary exemption from the obligation laid down in paragraph 1 of this Article for the flights on a specific existing or new route of less than 850 kilometres, or 1 200 kilometres for routes connecting with airports situated on islands without rail or road connections, departing from a Union airport. That distance shall be measured by the great circle route method. Such request shall be made at least three months before the envisaged date of application of the exemption, supported by a detailed and adequate justification. Such exemption should be limited to the following situations:

(a) serious and recurrent operational difficulties in refuelling aircraft at the given Union airport preventing aircraft operators from performing turnarounds within a reasonable time; or

(b) structural aviation fuel supply difficulties stemming from the geographic characteristics of a given Union airport, leading to significantly higher prices of aviation fuels compared to prices applied on average to similar types of aviation fuels in other Union airports due in particular to specific fuel transport constraints or to limited availability of fuels at that Union airport and placing the aircraft operator concerned at a significant competitive disadvantage compared to market conditions existing in other Union airports with similar competitive characteristics.

4. The competent authority or authorities shall assess that request. In light of the justification provided, it may ask for additional information.

5. The competent authority or authorities shall take a decision on that request without undue delay at the latest one month before the date of application of the envisaged exemption. Where the competent authority or authorities ask for additional information pursuant to paragraph 4, the deadline for the competent authority or authorities to take a decision shall be suspended until complete information is provided by the aircraft operator.

The exemption granted shall have a limited period of validity, not exceeding one year, after which it shall be reviewed upon request of the aircraft operator.

6. The competent authority or authorities shall take a decision to accept or reject any first request for exemption submitted pursuant to paragraph 3. Failure to adopt such a decision within the time limit laid down in paragraph 5 shall not be considered to be a decision authorising the requested exemption. Failure to adopt a decision relating to a request for the renewal of an existing exemption, provided that such request is supported by a detailed and adequate justification, at the latest one month before the date of the envisaged renewal shall be considered to be a decision of authorisation to continue applying the requested exemption.

7. The aircraft operator shall have the right to appeal a decision of the competent authority or authorities that reject a request for exemption.

8. The competent authority or authorities shall notify the list of authorised and rejected exemptions to the Commission, giving the justification for its decision and the assessment upon which it is based. The Commission shall publish the list of authorised exemptions and update that list at least once a year.

9. Following a written complaint submitted by a Member State, an aircraft operator, the managing body of the Union airport concerned, or an aviation fuel supplier, or on its own initiative, the Commission may, after assessing the justification provided for the exemption granted pursuant to paragraph 5 of this Article in the light of the criteria set out in of paragraph 3 of this Article, adopt implementing acts requesting the competent authority or authorities to adopt a decision repealing that exemption from the beginning of the next scheduling period within the meaning of Article 2, point (d), of Council Regulation (EEC) No 95/93 (). When that scheduling period starts less than two months after the publication of the decision, the decision repealing the exemption shall start applying from the beginning of the following scheduling period. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16(2).

10. In order to be able to adopt the implementing acts referred to in paragraph 9, the Commission may request all necessary information from Member States and aircraft operators. Member States and aircraft operators shall provide such information without undue delay. Member States shall facilitate the provision of information by aircraft operators.

11. The Commission shall, by 1 September 2024, adopt guidelines on the application of the exemptions referred to in this Article. Such guidelines shall include elements that an aircraft operator is to provide to justify those exemptions.