(fra kommisjonsforordningen)

(1) Article 14(1) of Regulation (EU) 2023/2405 establishes a voluntary environmental labelling scheme enabling the environmental performance of flights to be measured, open to all aircraft operators falling within the scope of that Regulation.

(2) In order to enable consumers to make informed choices regarding flights and other alternative modes of transport, this Regulation should lay down a robust, reliable, transparent, and harmonised methodology for estimating flight emissions using primary data, and rules on communicating flight emissions to passengers. Since the result of the methodology is the estimation of flight emissions, this Regulation should use a term for this label that represents closely the methodology used. This is why the label should be called Flight Emissions Label.

(3) Aircraft operators seeking the issuance of labels for their flights should apply to the European Union Aviation Safety Agency (the ‘Agency’) with sufficient time ahead, so that both Agency and aircraft operator can prepare the reporting and relevant digital infrastructure.

(4) The methodology for the estimation of flight emissions laid down in this Regulation should ensure that the highest levels of transparency and traceability of the estimations and of the underlying assumptions which should remain at all times consistent with upcoming Union acts on the accounting of greenhouse gas emissions of transport services.

(5) Flight emissions should be estimated based on the average performance of past flights as a function of the average environmental performance of the aviation fuels used to operate each flight and of the average consumption of aviation fuels in the previous corresponding scheduling period. These two factors are the most reliable and robust to accurately estimate flight emissions. Because of possible technical limitations to arrive at such a level of detail on the exact batches of aviation fuels consumed to operate each flight, this Regulation should also lay down robust methods for reaching the closest and safest approximation of the consumption of aviation fuels and of the aviation fuels life cycle emissions while endeavouring to minimise the burden placed on the aircraft operators and on the Agency. For the purpose of estimating the flight emissions of a flight on a route for a given scheduling period, the latest available information of the previous corresponding scheduling period should be taken into account and this Regulation should lay down specific requirements for this purpose. Using the information of the preceding calendar year when estimating flight emissions should allow the Agency to use information already verified by independent verifiers while minimising the administrative burden and using the most recent performance information.

(6) Accurate estimations of the future consumption of aviation fuels of flights are essential for the calculation of flight emissions and these estimations should be based on the latest scientific evidence. These estimations of consumption of aviation fuels should also be based on primary data reported by aircraft operators of their most recent operations which should be those of the previous corresponding scheduling period. The use of secondary data, such as that data stemming from models and estimations not fully derived from primary data, should be limited to exceptional cases where primary data are not available or when estimations based on primary data cannot be made with sufficient accuracy. This could be the case, in particular, when an aircraft operator decides to operate on new routes or when flights operated on existing routes are scheduled to be operated under different conditions. This Regulation should ensure that the methodological requirements to estimate the consumption of aviation fuels continue to be in line with most recent scientific evidence and developments.

(7) The life cycle emissions of aviation fuels have the potential to be lower than those life cycle emissions of conventional aviation fuels, depending on numerous factors such as the choice of feedstock and production pathways for their production. Such aviation fuels life cycle emissions take into account the carbon dioxide equivalent (CO2eq) emissions of energy production, transport, distribution and use on-board, including during combustion, so as to remain consistent with Union law, notably Regulation (EU) 2023/2405, but also Directive (EU) 2018/2001 of the European Parliament and of the Council (2). Hence, the scope of gases considered in the estimation of the aviation fuels life cycle emissions should represent the sum of carbon dioxide (CO2), methane (CH4), and of nitrous oxide (N2O). The life cycle emissions of aviation fuels should be calculated in accordance with point C of Annex V to Directive (EU) 2018/2001 and, where applicable, other relevant Union law and international standards, and data and methodologies which reflect the latest scientific developments developed under the International Civil Aviation Organization (ICAO) framework.

(8) Recognising that information on the consumption and the aviation fuels life cycle emissions is very important for the accurate estimation of flight emissions, this Regulation should lay down the conditions for this information to be reported by aircraft operators to the Agency. The reporting burden should be minimised, especially for small and medium-sized aircraft operators, to avoid that aircraft operators are dissuaded from taking up the Flight Emissions Label. Therefore, aircraft operators should be able to report data to the Agency in a smooth and seamless manner, using digital reporting tools developed by the Agency, and, where applicable, making use of information reported already for other purposes. To be able to make robust estimates, the Agency should have access to all the necessary information on the volumes of aviation fuels uplifted by each aircraft operator at each airport, and the volumes supplied by aviation fuel suppliers to aircraft operators at each airport and their respective aviation fuels life cycle emissions.

(9) The methodology for the estimation of flight emissions laid down in this Regulation should keep up with developments in the relevant Union law and international standards, data, and methodologies and scientific developments, particularly as regards to the use of default values. For the purpose of this Regulation, the emissions intensity baseline for conventional aviation fuels should be 89 g CO2eq/MJ, which is the reference value for the aviation fuels developed under the ICAO framework until Union law defines an aviation-specific fossil fuel comparator. The weight attributed per passenger including passenger luggage should be 100 kg, and the energy content of aviation fuels should be in accordance with Directive (EU) 2018/2001 and applicable international standards and methodologies.

(10) For the purpose of this Regulation, environmental performance is limited to the greenhouse gas emissions of the aviation fuels used by aircraft operators, the operational performance of the flights and their fleet, and the impact of air traffic on the consumption of aviation fuels. This Regulation, therefore, does not cover other environmental impacts, such as noise and other air pollutant emissions such oxides of nitrogen (NOx) or particulate matter (PM).

(11) The methodology for the estimation of flight emissions is based on the average past consumption of aviation fuels and fleet renewal and optimised route planning can have a non-negligible impact on reducing the consumption of aviation fuels and, thereby, reducing flight emissions. Those two factors should be automatically reflected in the methodology for the estimation of flight emissions to facilitate the transition to more efficient aircraft and optimised route planning. Therefore, flight emissions estimated by the Agency using the methodology laid down in this Regulation should incentivise fleet renewal and optimised route planning. The methodology laid down in this Regulation should be robust enough to accommodate technological changes and operational advancements.

(12) Where the operating conditions of future scheduled flights coincide with the flights already operated on that route, estimations based in accordance with this Regulation on that same route are considerably more reliable estimation of environmental performance of those scheduled flights. For the purpose of this Regulation, operating conditions refer to the type of aircraft, the type of aviation fuels, the average number of passenger and the mass of freight transported. However, when the aircraft operator changes the operating conditions of a flight or it operates new flights, the estimated consumption of aviation fuels and the estimated environmental performance of the aviation fuels should be estimated using the latest available scientific methods and evidence. Such estimations should be accurate and based on an approach that responds to the precautionary principle. This Regulation should therefore lay down the methodology for the estimation of flight emissions for both cases, that is, for flights where all the necessary information on the past operations of the aircraft operator is available and is deemed a reliable source for estimations of those operations, and for those flights where that information is not available.

(13) The schedules of future flights should be shared with the Agency, with the necessary confidentiality considerations, so that the Agency compares operating conditions and estimate flight emissions in the most accurate manner. Furthermore, aircraft operators should endeavour to provide the Agency with any other information that might facilitate the most accurate estimation of flight emissions.

(14) Information reported to the Agency, especially regarding the consumption of aviation fuel per flight and the aviation fuels life cycle emissions uplifted per airport, should be verified by an independent verifier before they are reported to the Agency. This independent verification should be carried out based on the principles and guidance of the relevant Union law and applicable international standards and methodologies. The verification should also take into account of the ongoing international developments, particularly to ensure that flights arriving in the Union can also, where applicable, benefit from the provisions of this Regulation.

(15) This Regulation should lay down the rules on the validity period of labels issued by the Agency and the conditions for incorporating the validity period in their issuance to aircraft operators, as well as the conditions for aircraft operators to clearly display to customers information on this validity.

(16) This Regulation should lay down the conditions for the display of labels issued by the Agency. In times of digitalisation, especially for air transport, customers can access online a much wider set of information on the air transport services offered by competing aircraft operators. It is therefore essential to ensure that the labels issued by the Agency for an aircraft operator are displayed at all points of sale owned by that aircraft operator following the templates laid down in this Regulation. Aircraft operators should also ensure that all points of sale with which they have a contractual relationship display the labels issued by the Agency. Finally, aircraft operators should deploy reasonable efforts to ensure that points of sale with which they do not cooperate also display the labels issued by the Agency. Failure to do so would risk undermining the people’s trust in the Label and in the efforts undertaken by aircraft operators to use aviation fuels with lower aviation fuels life cycle emissions.

(17) This Regulation should lay down the conditions for aircraft operators to display labels issued by the Agency and ensuring that flight emissions are easily recognised. It should lay down the design specifications and the display templates for the flight emissions to be displayed in a harmonised and recognisable way by all aircraft operators.

(18) The design elements should include a logotype to demonstrate that the flight emissions have been estimated by the Agency on behalf of the European Union in accordance with this Regulation. This harmonised logotype should serve as a vehicle to ensure the recognition and build trust in the flight emissions estimation in accordance this Regulation. It should also serve to represent this Regulation in the world and avoid confusion with other Union legislation and existing initiatives in the field of sustainability, such as the labels issued pursuant to Regulation (EU) 2017/1369 of the European Parliament and of the Council (3) and to the delegated regulations adopted thereunder. With a view to improving communication and raising awareness, this Regulation should also lay down the specific terminology to refer clearly to each of the elements that make up the flight emissions label. This includes, for instance, the combination of the flight emissions, the logotype and the other aspects that should be the key elements making up a label. This Regulation should therefore lay down the design of a simple and clear label logotype that must always be displayed alongside the flight emissions, encompassing the Union flag. The conditions for the display of labels laid down in this Regulation should ensure that the labels are easily accessible and understandable, and the conditions for the display should enable customers to easily compare the environmental performance of flights operated by different aircraft operators flying the same route. This Regulation should ensure the consistent and accurate display data on of emissions to ensure comparability and fair competition in the internal market for transport, in particular when air transport services are part of multimodal transport chains or when the services are competing with other transport modes. To this aim, this Regulation should be consistent with applicable legislation on the accounting of greenhouse gas emissions of transport services.

(19) The conditions for the display of labels should be divided into a primary display and a secondary display. The display of labels has the potential to improve customers’ awareness of the estimated emissions of flights and of the efforts made by aircraft operators to reduce the environmental footprint of the air transport services they offer. The primary display, which should always include, in an easily understandable format, the key elements of a given flight throughout the whole flight search and purchase process, should not require any interaction from the customer. The primary display should also incorporate the necessary elements for the customer to be able to compare the performance of a given aircraft operator to other competing aircraft operators on the same route. The purpose of such comparison should be to make it easier for the customer to understand the relevant environmental information, and also to further incentivise efforts by aircraft operators to improve their environmental performance. A secondary display, which should require customer interaction for it to be visible, should contain a higher level of detail and background on the way in which flight emissions were estimated, including, for instance, the average environmental performance of the aviation fuels used by the aircraft operator.

(20) Ensuring that only valid labels are displayed by aircraft operators is essential to building trust among customers. This Regulation should lay down the conditions for the Agency to verify the correct implementation and display of the labels by aircraft operators in accordance with the relevant Union law and applicable international standards and methodologies. Revoked and expired labels should not be displayed by aircraft operators. It should also lay down the conditions for the Agency to review the accuracy and veracity of the information reported by aircraft operators in relation to their operations. It is therefore appropriate that this Regulation, together with the applicable enforcement rules and powers of the Agency, lays down the conditions for the review of labels, as well as the procedure for the Agency to revoke invalid labels or instruct aircraft operators to adjust their display accordingly.

(21) The Agency should create and maintain a flight emissions website, which allows for information on the scheme to be easily accessible both to aircraft operators and to the public. This is also necessary to make the scheme more attractive to aircraft operators.

(22) To facilitate the take-up of the Flight Emissions Label in the Union, from the date of entry into force of this Regulation until 1 January 2028 the Agency should issue labels for passenger air transport services or mixed passenger-freight flights only, excluding all-cargo air transport services. Passenger and freight air transport services are inherently different in the way their operations are organised, and in particular, in their relations with final customers. This Regulation prioritises issuance of labels to aircraft operators providing passenger air transport services to allow sufficient time for the market participants to get acquainted with the label. Labels should cover all types of air transport services only as from 1 January 2028.

(23) The measures provided for in this Regulation are in accordance with the opinion of the ReFuelEU Aviation Committee,