Commission Implementing Regulation (EU) 2020/2085Show full title

Article 3 is amended as follows:

in Article 12, paragraph 3 is deleted;

in Article 16(1), the second subparagraph is replaced by the following:

‘In case of doubt, the operator or aircraft operator shall use in parallel both the modified and the original monitoring plan to carry out all monitoring and reporting in accordance with both plans, and it shall keep records of both monitoring results.’;

in Article 18(2), the following third subparagraph is added:

‘For the purpose of this paragraph, Article 38(5) shall apply, provided that the relevant information on the sustainability and the greenhouse gas emissions saving criteria of biofuels, bioliquids and biomass fuels used for combustion is available to the operator.’;

in Article 19, the following paragraph 6 is added:

‘6.For the purpose of this Article, Article 38(5) shall apply.’;

Article 38 is amended as follows:

Article 39 is amended as follows:

in Article 43(4), the following subparagraph is added:

‘For the purpose of this paragraph, Article 38(5) shall apply.’;

in Article 47(2), the following subparagraph is added:

‘For the purpose of this paragraph, Article 38(5) shall apply.’;

Article 54 is replaced by the following:

‘Article 54Specific provisions for biofuels

1.For mixed fuels, the aircraft operator may either assume the absence of biofuel and apply a default fossil fraction of 100 %, or determine a biofuel fraction in accordance with paragraphs 2 or 3.

2.Where biofuels are physically mixed with fossil fuels and delivered to the aircraft in physically identifiable batches, the aircraft operator may carry out analyses in accordance with Articles 32 to 35 to determine the biomass fraction, on the basis of a relevant standard and the analytical methods set out in those Articles, provided that the use of that standard and those analytical methods is approved by the competent authority. Where the aircraft operator provides evidence to the competent authority that such analyses would incur unreasonable costs or are technically not feasible, the aircraft operator may base the estimation of the biofuel content on a mass balance of fossil fuels and biofuels purchased.

3.Where purchased biofuel batches are not physically delivered to a specific aircraft, the aircraft operator shall not use analyses to determine the biomass fraction of the fuels used.

The aircraft operator may determine the biomass fraction using purchase records of biofuel of equivalent energy content, provided that the aircraft operator provides evidence to the satisfaction of the competent authority that there is no double counting of the same biofuel quantity, in particular that the biofuel purchased is not claimed to be used by anyone else.

For the purpose of demonstrating compliance with the requirements referred to in the second subparagraph, the operator may use the data recorded in the Union database set up in accordance with Article 28(2) of Directive (EU) 2018/2001.

4.The emission factor of biofuel shall be zero.

For the purpose of this paragraph, Article 38(5) shall apply to combustion of biofuel by aircraft operators.’;

in Article 72(1), the first subparagraph is replaced by the following:

‘Total annual emissions of each of the greenhouse gases CO₂, N₂O and PFCs shall be reported as rounded tonnes of CO₂ or CO_2(e). The total annual emissions of the installation shall be calculated as the sum of the rounded values for CO₂, N₂O and PFCs.’;

Annexes I and X are amended in accordance with Annex I to this Regulation;

Annexes II, IV and VI are amended in accordance with Annex II to this Regulation.

the formula ‘C₂F₆ emissions [t] = CF₄ emissions × F_CF2F6’ is replaced by ‘C₂F₆ emissions [t] = CF₄ emissions × F_C2F6’;

the definition ‘F_CF2F6 = Weight fraction of C₂F₆ (t C₂F₆/t CF₄)’ is replaced by ‘F_C2F6 = Weight fraction of C₂F₆ (t C₂F₆/t CF₄)’.