ReFuelEU: does your operation fall within scope?

A business aircraft operator should first check whether it falls within ReFuelEU Aviation, Regulation (EU) 2023/2405. If it reaches neither 500 commercial passenger departures nor 52 commercial all-cargo departures from Union airports during the previous reporting period (the year before the period covered by the report, meaning 2025 for a report submitted in 2027), the Regulation's aircraft-operator obligations do not apply, unless it has notified a voluntary inclusion. Non-commercial flights are also outside scope unless voluntarily included under Article 2(3).

Check scope before building the file

Articles 2 and 3 include business aviation flights operated for commercial purposes. If the operating person cannot be identified, Article 3(3) identifies the aircraft owner as the operator. A business aircraft operator may remain below the thresholds: operating a business aircraft does not by itself bring it within scope.

The reporting period is the calendar year before the year in which the report is submitted. For a report submitted in 2027, the reporting period is 2026; the previous reporting period used for thresholds is 2025. A Union airport is an airport that exceeded 800,000 passengers or 100,000 tonnes of freight during that previous period, excluding outermost regions; departures from these airports count towards the thresholds. Voluntary inclusions also exist. Reconcile activity with the Commission's consolidated list under Article 2(4) and confirm scope with the competent authority designated under Article 11.

The first review of a year with a mandatory SAF share

In its 17 September 2026 release, the European Union Aviation Safety Agency (EASA) reports that sustainable aviation fuel, or SAF, accounted for 2.8% of fuel supplied in 2025, against a 2% minimum. This describes European supply, not an operator's compliance: minimum shares apply to suppliers, which may use a weighted average across Union airports until the end of 2034 under Article 15.

Track fuel uplift by airport

Article 5 requires an in-scope operator to uplift at each Union airport at least 90% of the annual fuel required for covered flights, meaning trip and taxi fuel. This aims to limit tankering: carrying extra fuel bought elsewhere, increasing weight and emissions. It is not a SAF blending quota for each flight.

Fictional example: if 100 tonnes are required at an airport during the year, uplifting 92 tonnes meets this threshold alone; 88 tonnes does not. Excess uplift at another airport does not offset the shortfall. Only a safety justification or an applicable exemption under the conditions of Article 5 can justify the deviation.

The fine for non-compliance with Article 5, provided for in Article 12(2), is at least twice the average annual fuel price per tonne multiplied by the total annual non-tanked quantity. It also allows possible exemption from a fine for exceptional, unforeseeable circumstances outside the operator's control that could not have been avoided through reasonable measures.

Substantiate an exception rather than assume one

Deviations needed to comply with fuel safety rules must be justified to the competent authority and EASA, with quantities reported separately. Temporary exemptions cover routes shorter than 850 km, or 1,200 km for islands without road or rail connections. A detailed application is required at least three months before application of the exemption; validity cannot exceed one year.

Grounds are limited: serious recurring refuelling difficulties, or structural supply difficulties linked to geography that cause the competitive disadvantage specified in the Regulation. A price difference alone is insufficient. An initial application is never approved by default; Article 5(6), however, allows continuation of an existing exemption where a properly substantiated renewal receives no decision at least one month before its intended date.

Prepare records and declarations

Article 8 and Annex II require a report to the competent authority and EASA by 31 March: 31 March 2027 for 2026 data. It must be verified by an independent verifier (an accredited body that checks the report) under Articles 14 and 15 of Directive 2003/87/EC and the acts adopted under them. Connect the following records:

• covered departures, required fuel, uplifted and non-tanked quantities by airport;
• delivery notes, invoices, safety justifications and applicable exemptions;
• SAF purchases, supplier, production pathway, feedstock, origin and lifecycle emissions;
• Article 9(1) declarations: emissions reduction schemes used, no claim for the same batch under multiple schemes, financial support received and any multiple support for the same batch.

Schemes may include the EU Emissions Trading System (EU ETS) or the international offsetting scheme CORSIA, listed in the EASA manual. Article 9 prohibits claiming benefits for the same SAF batch under multiple emissions reduction schemes. Suppliers must provide the relevant information free of charge by 14 February of the reporting year.

If your activity is in scope, start by reconciling one airport's records against the EASA template, then extend the method. A missing delivery is easier to trace during the year than just before verification.