Reporting of actual prices paid by commercial aircraft operators
Article 5
1. For eligible aviation fuels used from 1 January 2025, by 28 February of each year starting in 2026, a commercial aircraft operator may report to the Commission the actual prices paid for the fuel used in the previous calendar year. Where an operator chooses to report actual prices, the operator shall provide the following together with the report: (a) sufficient documentation, including contracts and invoices, linking the eligible aviation fuel to the commercial aircraft operator and indicating all the airports where the eligible aviation fuel was delivered and reported; (b) evidence that the full amount of the reported eligible aviation fuel is covered by the contracts and invoices provided, at all locations where the eligible aviation fuel concerned is uplifted. The Commission may conclude not to consider reported prices for determining the eligible aviation fuel price in accordance with Article 4(2) from a commercial aircraft operator where the submitted evidence is insufficient or lacks credibility. 2. The Commission shall ensure that the data and evidence submitted in accordance with paragraph 1 is treated in a confidential manner. 3. By way of derogation from paragraph 2, where only one or two commercial aircraft operators report the actual prices paid for an eligible aviation fuel, the Commission shall take the reported prices into account only if the commercial aircraft operators waive confidentiality requirements. The Commission shall inform the commercial aircraft operators concerned as soon as possible after the reporting deadline when only one or two commercial aircraft operators reported the actual prices paid for an eligible aviation fuel and shall request a written waiver of confidentiality. Where the concerned commercial aircraft operators do not provide the requested waiver within 15 working days from the request, the reported prices shall not be taken into account in the calculation of the price difference in accordance with Article 4. 4. By 30 April each year the Commission shall inform the Member States which commercial aircraft operators have submitted the reported prices. 5. The provisions in this Delegated Regulation shall be without prejudice to the application of Union competition law.