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Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (Text with EEA relevance)

article  4

CELEX:  02023R2405-20231031

Shares of SAF available at Union airports
1. Subject to Article 15, aviation fuel suppliers shall ensure that all aviation fuel made available to aircraft operators at each Union airport contains the minimum shares of SAF, including the minimum shares of synthetic aviation fuel in accordance with the values and dates of application set out in Annex I. Without prejudice to those minimum shares, aviation fuel suppliers shall also ensure that all aviation fuel made available to aircraft operators at each Union airport over the periods from 1 January 2030 until 31 December 2031 and from 1 January 2032 until 31 December 2034 contains at least the average shares of synthetic aviation fuels in accordance with the values set out in Annex I. This obligation shall also be deemed to be met where the minimum shares mentioned in the first subparagraph are reached using:
(a) renewable hydrogen for aviation;
(b) low-carbon aviation fuels.
Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (Text with EEA relevance)

article  4

CELEX:  02023R2405-20231031

2. For the purpose of the calculation of the minimum shares in Annex I, when hydrogen for aviation is made available to aircraft operators at Union airport:
(a) the values regarding the energy content of all relevant fuels shall be those referred to in Article 27(2), points (g) and (h) of, and Annex III to, Directive (EU) 2018/2001 or relevant international aviation standards regarding fuels not included in that Annex; and (b) the energy content of hydrogen for aviation supplied shall be taken into account both in the numerator and in the denominator.
3. Where an aviation fuel supplier makes use of the possibility laid down in the second subparagraph of paragraph 1 or where an aircraft operator uplift fuels referred to in that subparagraph, references to SAF in Article 3, points (10), (11) and (27), Articles 8, 9 and 10, Article 12(6) and (7), Article 13(1), points (a), (b) and (g), Article 14, Article 15(1) and Annex II shall be construed as referring also to low-carbon aviation fuels and to renewable hydrogen for aviation.
Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (Text with EEA relevance)

article  4

CELEX:  02023R2405-20231031

4. For each reporting period, aviation biofuels other than advanced biofuels as defined in Article 2, second paragraph, point (34), of Directive (EU) 2018/2001 and other than biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, supplied across Union airports by each aviation fuel supplier, shall account for a maximum of 3 % of aviation fuels supplied for the purposes of complying with the minimum shares referred to in paragraph 1 of this Article and Annex I to this Regulation.
5. SAF produced from the following feedstocks shall be excluded from the calculation of the minimum shares of SAF set out in Annex I to this Regulation: ‘food and feed crops’ as defined in Article 2, second paragraph, point (40), of Directive (EU) 2018/2001, intermediate crops, palm fatty acid distillate and palm and soy-derived materials, and soap stock and its derivatives. However, that exclusion shall not apply to any feedstock that is included in Annex IX to Directive (EU) 2018/2001, under the conditions set out in that Annex.
Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on ensuring a level playing field for sustainable air transport (ReFuelEU Aviation) (Text with EEA relevance)

article  4

CELEX:  02023R2405-20231031

6. Aviation fuel suppliers may demonstrate compliance with the obligation contained in paragraph 1 of this Article by using the mass balance system referred to in Article 30 of Directive (EU) 2018/2001.
7. Without prejudice to the application of Article 12(4) and (5), where an aviation fuel supplier fails to supply the minimum shares set out in Annex I for a given reporting period, it shall at least complement that shortfall in the subsequent reporting period. Exceptionally, where an aviation fuel supplier fails to supply the average shares of synthetic aviation fuel over the period from 1 January 2030 until 31 December 2031, it shall at least complement that shortfall before the end of the period from 1 January 2032 until 31 December 2034, and where an aviation fuel supplier fails to supply the average shares of synthetic aviation fuel over the period from 1 January 2032 until 31 December 2034, it shall at least complement that shortfall in the subsequent reporting period.