10 January 2023: The third trilogue on the ReFuelEU Aviation file took place on 8 December 2022. There was no agreement on the file and the negotiations will continue in January 2023 under the Swedish presidency.

On 'book and claim', a compromise should be found for the Commission to present a report on a flexibility mechanism which could then include the 'book and claim' system.

Regarding the targets and eligible fuels, the co-legislators discussed a slight increase in the sub-target on synthetic fuels:

• 0 per cent in 2025;
• 1 per cent in 2030;
• 2 per cent in 2033;
• 5 per cent in 2035.

In addition, two options were suggested: the possibility at national level to increase the sub-target by up to 0.5 per cent before 2030 or the addition of a 0.04 per cent sub-target before 2028. There was no discussion on the overall targets after 2035.

The Czech Presidency called for the inclusion of low-carbon synthetic fuels, the inclusion of fuels produced from recycled carbon without limitation, the retention of the 3% cap on biofuels, and the inclusion of non-fossil hydrogen. The Parliament has proposed a multiplier for low-carbon fuels of less than 1, as well as a sunset clause.

The blocking points are centred on low-carbon e-fuel and low-carbon hydrogen (nuclear energy). The Czech Presidency had no mandate to change its position, nor did the European Parliament allow the rapporteur to give ground. The targets for e-fuel, as well as the blending mandates more generally, are still also open for discussion.

1 November 2022: The second ReFuelEU Aviation trilogue took place on 13 October. Key issues discussed during the trilogue included the 'book and claim' system in particular.

Following to MEP Soren Gade’s discharge to stand for national election in Denmark, MEP Bauza Diaz is the new rapporteur on the ReFuelEU Aviation proposal.

The main conclusion of the trilogue remains that there are still information gaps in both EU Institutions on the book and claim system, as no one has been able to propose a convincing system for making such system works.

The Council still does not endorse the Parliament's proposal and has proposed to widen the scope of the airports concerned to include airports with at least 800,000 passengers or 25,000 tonnes of cargo as a compromise for the Parliament to abandon the mechanism.

Views within the Parliament on such system are also very diverse. The EPP Group is the strongest supporter of the book and claim system. The S&D and the Renew Europe are divided, while the Greens are trying to get rid of it. ENVI and ITRE Committees opposed to the idea of such a system in their respective opinions. There is therefore a strong temptation for the rapporteur to drop the system.

Moreover, the controversial issues surrounding the definition of SAF have not yet been successfully addressed so far and it will take some time to find a compromise on this point. Several EP groups are considering the inclusion of intermediate crops (with the exception of the Greens), although they are not sure of the impact this would have. Once again, MEPs felt that there was a lack of information, on the availability of different feedstocks, geographical variations and the impacts of including particular feedstocks.

Delays in reaching a compromise mean that the dossier is now likely to come under the Swedish Presidency early next year, rather than being finalised in December. As a reminder, the Czech presidency indicated the file as one of its priorities and made clear that it is eager to conclude by December