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Compliance Essentials for ReFuelEU Aviation 2023/2405

Compliance Essentials for ReFuelEU Aviation 2023/2405

Introduction

ReFuelEU Aviation (RFEUA) brings along with it, many compliance requirements for aircraft operators, fuel suppliers and union airport managing bodies to follow.

The regulation introduces measures to prevent economic tankering, which harms the environment and distorts fair competition in the EU air transport market, by introducing a requirement to uplift fuel at union airports for Aircraft operators, and a requirement to provide fuel with the minimum shares of SAF to Aircraft operators.

Conclusion

The ReFuelEU Aviation Regulation is a critical element of the EU’s climate strategy to achieve significant emissions reductions by promoting the use of Sustainable Aviation Fuels (SAF) and preventing harmful practices like economic tankering. It establishes clear obligations for aircraft operators, fuel suppliers, and Union airports to ensure compliance, transparency, and accountability. Aircraft operators must meet specific fuel uplift targets and maintain robust monitoring systems to fulfil reporting requirements accurately.

Compliance of stakeholders under RFEUA

The implementation of ReFuelEU implies obligations on fuel suppliers, Union airports, and aircraft operators, which are discussed in the following subsections.

  1. Aircraft Operators: Aircraft operators must ensure that the annual quantity of aviation fuel uplifted at any given EU airport meets at least 90% of the yearly aviation fuel required (Trip Fuel and Taxi Fuel). This must be monitored using actual flight plans to prevent economic tankering practices, which could result in additional emissions due to the extra weight.
  2. Union Airports and their managing bodies: Managing bodies are also obligated under ReFuelEU Aviation to take necessary measures to ensure aircraft operators can access fuels containing SAF. If aircraft operators have difficulties accessing SAF in Union airports, they can report this to the competent authority, which will raise the matter with the concerned Union airport managing body.
  3. Fuel Suppliers: Aviation fuel suppliers must ensure that all fuel at Union airports meets the minimum SAF and synthetic fuel with flexibility mechanisms available until 2034. Suppliers are also required to provide the relevant information to the aircraft operators free of charge on or before 14th February of each reporting year.

Scope of the flights to be reported

Only flights under the aircraft operator’s responsibility should be reported, determined primarily by the ICAO designator used as the ATC call sign in item 7 of the flight plan. If unavailable, responsibility is based on the aircraft registration serving as the ATC call sign in item 7 of the flight plan.

REPORTABLE FLIGHTS NON-REPORTABLE FLIGHTS
Passenger and Cargo flights Non-EU State flights, Military flights, customs, and police flights
Maintenance flights Humanitarian, search and rescue flights
Diverted flights Scientific research flights
Repositioning flights Medical and Fire-fighting flights
Ferry flights Training flights of the flight crew for their type license certification, Circular flights
Flights performed in the framework of public service obligations. Flights performed in exempted routes during the temporary period under Article 5(3) of RFEUA
Repatriation flights, return flights, including readmission

 

How can aircraft operators monitor and report under RFEUA?

To perform accurate monitoring, the aircraft operator should implement a robust management system, with well-defined procedures and control activities to keep track of flights subject to RFEUA reporting requirements.

Key monitoring activities required by the aircraft operators:

  1. Record data for all flights departing and arriving at union airports.
  2. Keep track of planned trip and taxi fuel (as per the final version of OFP), actual fuel consumption (block off – block on fuel), and fuel uplift and other fuel categories mentioned in the ReFuelEU Aviation Manual for Aircraft Operators and Verification Bodies
  3. Ensure the completeness of flights, including flights departing and arriving at union airports.
  4. Monitor block time in hours per flight and fuel density factors.
  5. Record and log data gaps to address challenges during verification.
  6. Aircraft operators should ideally keep the justifying documents for a minimum of four years.
  7. Aircraft operators must have the RFEUA report verified by an independent verifier.
  8. The deadline to submit the verified RFEUA report to the competent authority is by 31st March of the reporting year.

Exemptions for specific routes

Aircraft operators can apply for temporary exemptions from the obligation to refuel prior to departure on specific routes departing from Union airports. These exemptions apply to certain routes, limited to a maximum distance of 850 km or routes departing from airports situated on islands without rail or road connections limited to a maximum distance of 1200 km, under the specific circumstances laid down in Article 5(3)(a) and (b) of the RFEUA.

Operators are required to submit applications via EASA’s sustainability portal to the competent authority of the respective Member State three months before the intended start date, including detailed justification and supporting evidence. The strength of the submitted documentation will determine the approval of exemptions.

Approved exemptions last up to 1 year, with renewals requested for 3 months before expiration.

Contact Normec Verifavia for ReFuelEU Aviation verification and finalize contracts as soon as possible to avoid last-minute hassle

References