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1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive taking into account, in particular, the nature, duration, recurrence and gravity of the infringement. Member States shall, by 31 December 2024, notify the Commission of those rules and of those measures and shall notify it without delay of any subsequent amendment affecting them.

2. Member States shall ensure that any aircraft operator that fails to comply with the obligations laid down in Article 5 is liable to a fine. That fine shall be proportionate and dissuasive and not less than twice as high as the amount resulting from the multiplication of the yearly average price of aviation fuel per tonne by the total yearly non-tanked quantity. An aircraft operator may be exempted from a fine if it can prove that its failure to comply with the obligations laid down in Article 5 was caused by exceptional and unforeseeable circumstances, outside its control, the effects of which could not have been avoided, even if all reasonable measures had been taken.

3. Member States shall ensure that any Union airport managing body that fails to take the necessary measures to address a lack of adequate access by aircraft operators to aviation fuels containing minimum shares of SAF pursuant to Article 6(3) is liable to a fine.

4. Member States shall ensure that any aviation fuel supplier that fails to comply with the obligations laid down in Article 4 relating to the minimum shares of SAF is liable to a fine. That fine shall be proportionate and dissuasive and not less than twice as high as the amount resulting from the multiplication of the difference between the yearly average price of conventional aviation fuel and SAF per tonne by the quantity of aviation fuels not complying with the minimum shares referred to in Article 4 and Annex I.

5. Member States shall ensure that any aviation fuel supplier that fails to comply with the obligations laid down in Article 4 relating to the minimum shares of synthetic aviation fuels and, over the period from 1 January 2030 until 31 December 2034, the average shares of synthetic aviation fuels, is liable to a fine. That fine shall be proportionate and dissuasive and not less than twice as high as the amount resulting from the multiplication of the difference between the yearly average price of synthetic aviation fuel and conventional aviation fuel per tonne by the quantity of the aviation fuel not complying with the minimum shares referred to in Article 4 and Annex I. When establishing the fine relating to the average shares of synthetic aviation fuels, Member States shall take into account any fine, relating to the minimum shares of synthetic aviation fuels to which the aviation fuel supplier is already liable in respect of the respective period referred to in this paragraph, in order to avoid a double penalty.

6. Member States shall ensure that any aviation fuel supplier that has been proven to have provided misleading or inaccurate information regarding the characteristics or origin of the SAF that it supplied under Article 9(2) and Article 10 is liable to a fine. That fine shall be proportionate and dissuasive and not less than twice as high as the amount resulting from the multiplication of the difference between the yearly average price of conventional aviation fuel and SAF per tonne by the quantity of aviation fuels about which the misleading or inaccurate information was provided.

7. In the decision imposing the fines referred to in paragraphs 2, 4, 5 and 6 of this Article, the competent authority or authorities shall explain the methodology applied for determining the price of aviation fuel, of SAF and of synthetic aviation fuel on the Union aviation fuel market. That methodology shall be based on verifiable and objective criteria, including from the latest available technical report referred to in Article 13.

8. Member States shall ensure that any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relating to the minimum shares of SAF or of synthetic aviation fuels in a given reporting period, shall supply the market in the subsequent reporting period with a quantity of that respective fuel equal to that shortfall, in addition to their reporting period obligation. By way of derogation from the first subparagraph, the following rules shall apply to synthetic aviation fuels for the periods from 1 January 2030 until 31 December 2031 and from 1 January 2032 until 31 December 2034:

(a) any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relating to the average shares of synthetic aviation fuels in the period from 1 January 2030 until 31 December 2031, shall supply the market before the end of the period from 1 January 2032 until 31 December 2034 with a quantity of synthetic aviation fuel equal to that shortfall, in addition to the obligations of that period; and

(b) any aviation fuel supplier which has accumulated a shortfall from the obligation laid down in Article 4 relating to the average shares of synthetic aviation fuels in the period from 1 January 2032 until 31 December 2034, shall supply the market in the subsequent reporting period with a quantity of synthetic aviation fuel equal to that shortfall, additional to their reporting period obligation. Fulfilling the obligations referred to in the first and second subparagraphs of this paragraph shall not exonerate the aviation fuel supplier from the obligation to pay the fines laid down in paragraphs 4 and 5.

9. Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the fines.

10. Member States shall endeavour to ensure that revenues generated from fines, or the equivalent in financial value of those revenues, are used to support research and innovation projects in the field of SAF, the production of SAF or mechanisms allowing the price differences between SAF and conventional aviation fuels to be bridged.

Where such revenues are allocated to the general budget of a Member State, a Member State shall be deemed to have complied with the first subparagraph, if it implements financial support policies to support research and innovation projects in the field of SAF, the production of SAF or policies that support mechanisms allowing the price differences between SAF and conventional aviation fuels to be bridged, which have a value equivalent or higher to the revenues generated from fines. By 25 September 2026, and every five years thereafter, Member States shall make public a report on the use made of the aggregated revenues generated from the fines, and information on the level of expenditure allocated to research and innovation projects in the field of SAF, the production of SAF or policies that support mechanisms allowing the price differences between SAF and conventional aviation fuels to be bridged.