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S.I. No. 380/2026 - European Union (ReFuelEU Aviation) (Enforcement) Regulations 2026

S.I. No. 380/2026 - European Union (ReFuelEU Aviation) (Enforcement) Regulations 2026 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2026 S.I. No. 380/2026 - European Union (ReFuelEU Aviation) (Enforcement) Regulations 2026 S.I. No. 380/2026 - European Union (ReFuelEU Aviation) (Enforcement) Regulations 2026 AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 31st July, 2026. I, DARRAGH O’BRIEN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving full effect to Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 20231 , in respect of enforcement of the Regulation, hereby make the following regulations: Citation 1. These Regulations may be cited as the European Union (ReFuelEU Aviation) (Enforcement) Regulations 2026. Interpretation 2.

(1)In these Regulations – “carries on business” in relation to an airport operator or an aviation fuel supplier, means the principal place in the State where the operator or supplier carries on business; “EASA” means European Union Aviation Safety Agency; “IAA” means the company formed and registered in accordance with section 11 of the Irish Aviation Authority Act 1993 (No. 29 of 1993) and whose name under section 12
(1)of that Act is The Irish Aviation Authority; “Minister” means Minister for Transport; “NORA” means National Oil Reserves Agency; “ReFuelEU Aviation Regulation” means Regulation (EU) No. 2023/2405 of the European Parliament and of the Council of 18 October 20231 ; “airport” means Union airport in the State; “airport managing body” means Union airport managing body in the State; “competent authority” means the IAA or the NORA, as the case may be; “annual technical report” means the ReFuelEU Aviation technical report referred to in Article 13 which EASA shall publish each year including the EASA Aviation Fuels Reference Prices for ReFuelEU Aviation documents.
(2)A word or expression that is used in the ReFuelEU Aviation Regulation and in these Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the ReFuelEU Aviation Regulation.
(3)In these Regulations, a reference to – (
  1. a)an Article, which is not otherwise identified, is a reference to an Article of, or (
  2. b)an Annex, which is not otherwise identified, is a reference to an Annex to, the ReFuelEU Aviation Regulation. Administrative fines Shares of SAF at airport 3.
(1)Where the NORA determines that an aviation fuel supplier has failed to comply with Article 4
(1)in respect of the minimum shares of SAF, including the minimum or average shares of synthetic aviation fuel, contained in aviation fuel made available to aircraft operators at an airport in a reporting period, the NORA shall give a notification to the aviation fuel supplier stating – (a) the NORA has concluded that the aviation fuel supplier has not complied with Article 4
(1)in the reporting period, and is liable to a fine, (
  1. b)the quantity of aviation fuels not complying with the minimum or average shares referred to in Article 4 and Annex 1, (
  2. c)the supplier is liable to pay to the NORA the fine stated, and within the period specified, in the notification, according to the calculation of the NORA in respect of its non-compliance with Article 4
(1), in the case of an aviation fuel supplier that fails to comply with the obligations laid down in Article 4 relating to – (i) the minimum shares of SAF, in accordance with Article 12
(4), the fine stated shall be not less than twice, and no greater than four times, as high as the amount resulting from the multiplication of the difference between the yearly average price of conventional aviation fuel and SAF per tonne by the quantity of aviation fuels not complying with the minimum shares referred to in Article 4 and Annex I, or (ii) the minimum or average shares of synthetic aviation fuel, in accordance with Article 12
(5), the fine stated shall be not less than twice, and no greater than four times, as high as the amount resulting from the multiplication of the difference between the yearly average price of synthetic aviation fuel and conventional aviation fuel per tonne by the quantity of aviation fuels not complying with the minimum or average shares referred to in Article 4 and Annex I, or both, and (d) the supplier has an opportunity to make representations to the NORA within 21 days of the notification.
(2)Where the NORA determines that an aviation fuel supplier has provided misleading or inaccurate information under Article 9
(2)or Article 10 regarding the characteristics or origins of the SAF that it supplied, the NORA shall give a notification to the aviation fuel supplier stating – (
  1. a)the NORA has concluded that the aviation fuel supplier has provided such misleading or inaccurate information and is liable to a fine, (
  2. b)the quantity of aviation fuels about which the misleading or inaccurate information was provided, (
  3. c)the supplier is liable to pay to the NORA the fine stated, and within the period specified, in the notification, according to the calculation of the NORA in respect of the provision of misleading or inaccurate information, being not less than twice, and no greater than four times, as high as the amount resulting from the multiplication of the difference between the yearly average price of conventional aviation fuel and SAF per tonne by the quantity of aviation fuels about which the misleading or inaccurate information was provided, and (
  4. d)the supplier has an opportunity to make representations to the NORA within 21 days of the notification. Refuelling obligations for aircraft operators
(3)Where the IAA determines that an aircraft operator has failed to comply with Article 5
(1)in respect of the yearly quantity uplifted by the operator at the airport in a reporting period, the IAA shall give a notification to the aircraft operator stating – (a) the IAA has concluded that the aircraft operator has not complied with Article 5
(1)in the reporting period and is liable to a fine, (
  1. b)the quantity of aviation fuel not complying with its obligations under Article 5, (
  2. c)the aircraft operator is liable to pay to the IAA the fine stated, and within the period specified, in the notification, according to the calculation of the IAA in respect of non-compliance with Article 5
(1), being not less than twice, and no greater than four times, as high as the amount resulting from the multiplication of the yearly average price of aviation fuel per tonne by the total yearly non-tanked quantity, and (d) the operator has an opportunity to make representations to the IAA within 21 days of the notification in respect of the compliance including a representation for an exemption under Article 12
(2). Obligations of airport managing bodies
(4)Where the IAA determines that an airport managing body has failed to comply with the necessary measures direction by the date mentioned in Regulation 7
(1)(b), the IAA shall give a notification to the airport managing body stating – (a) that the IAA has concluded that the airport managing body has failed to take the necessary measures to address a lack of adequate access by aircraft operators to aviation fuels containing the minimum shares of SAF under Article 6
(3)and is liable to a fine, (
  1. b)the airport managing body is liable to pay the IAA the fine stated, and within the period specified, in the notification, being, where the airport has – (
  2. i)less than 3 million passengers a year, not more than €100,000, or (
  3. ii)3 million or more passengers a year, not more than €250,000, and (
  4. c)it has an opportunity to make representations to the IAA, within 21 days of the direction in respect of the compliance. Confirmation of notification decision
(5)The competent authority concerned in relation to a decision in a notification under this Regulation, where representations concerning the decision are made in accordance with this Regulation, may by notice, having considered any such representations in relation to it, confirm (with or without variation of the fine) the decision. The notice shall state the reasons for the decision. Monies received paid to Exchequer
(6)Any monies received in respect of fines required by a competent authority under this Regulation shall be paid into and disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. Appeal against confirmation decision 4.
(1)A person aggrieved by a notice under Regulation 3
(5)confirming a decision under Regulation 3, may, on notice to the competent authority concerned, appeal the decision of the competent authority concerned, within 14 days of the notice being given to the appropriate court.
(2)The appropriate court may, on the hearing of an appeal under this Regulation – (
  1. a)confirm the notice, (
  2. b)vary the amount of the fine stated in it or the notification to which it relates or the period within which it is to be paid, or (
  3. c)allow the appeal.
(3)A decision of the appropriate court under this Regulation is final, save that an appeal on a point of law lies in the case of a decision of – (
  1. a)the District Court or the Circuit Court, to the High Court, or (
  2. b)the High Court, to the Court of Appeal.
(4)A confirmation of a decision under Regulation 3
(5)does not take effect during the period of 14 days allowed to make an appeal under paragraph
(1)and, in the event of an appeal being made, until its withdrawal or determination.
(5)In this Regulation, “appropriate court” where a fine required to be paid to a competent authority, as confirmed (with or without variation) under a notice under Regulation 3
(5), means, where the fine – (
  1. a)does not exceed €15,000, the District Court, (
  2. b)does not exceed €75,000, the Circuit Court, or (
  3. c)exceeds €75,000, the High Court. Confirmation order 5.
(1)Where, in relation to a fine to be paid under Regulation 3 – (
  1. a)a notification is given under Regulation 3 and (
  2. i)no representations are made upon the expiration of the time given to make representations in the notification, or (
  3. ii)representations are so made, within the time specified in the notification and the decision in it is confirmed, with or without modification, by notice under Regulation 3
(5)and no appeal is made under Regulation 4
(1)within the period allowed to make the appeal, or (b) an appeal is made under Regulation 4
(1), and the court confirms the notice under Regulation 4
(2)(with or without variation of the amount of the fine or the period within which it is to be paid), but the fine is unpaid upon the expiration of the period specified for payment, the competent authority concerned may make an application by motion on notice to the High Court for an order confirming the fine and directing payment of the fine to the competent authority.
(2)The decision of the court under this Regulation is final, other than on a point of law which lies to the Court of Appeal. Calculation of amount of fine 6.
(1)In the calculation of a fine under Regulation 3 for a given reporting period, the competent authority concerned shall – (
  1. a)use the values published in respect of that reporting period in the EASA annual technical report for the yearly average price per tonne of – (
  2. i)aviation fuel, (
  3. ii)conventional aviation fuel, (iii) SAF, and (
  4. iv)synthetic aviation fuel, and inform the obligated party liable to the fine that these values have been used, and (
  5. b)in particular, take into account the nature, duration, recurrence and gravity of the infringement.
(2)In the calculation of a fine in regard to Regulation 3
(1)(c)(ii), relating to the average shares of synthetic aviation fuels, the competent authority shall take into account any fine, relating to the minimum shares of synthetic aviation fuels to which the aviation fuel supplier is already liable, in order to avoid a double penalty. Obligations of airport managing bodies - necessary measures direction 7.
(1)Where the IAA after receiving all information from an airport managing body under Article 6
(2), or based on information available to it where such information is not received, and having assessed the information concludes that the airport managing body is failing to take all necessary measures referred to in Article 6
(1), the IAA shall inform the airport managing body that – (a) the IAA has concluded that the airport managing body is not in compliance with Article 6
(1), (b) direct for the purposes of complying with Article 6
(3), the airport managing body shall identify and take all necessary measures mentioned in the direction to address the lack of adequate access of aircraft operators to aviation fuels containing the minimum shares of SAF (in these Regulations referred to as a “necessary measures direction”), without undue delay, and by a date specified in the direction by the IAA which shall be no later than 3 years after the date on which the IAA made the request for information under Article 6
(2), and (c) the airport managing body has an opportunity to make representations to the IAA within 21 days of the notification in respect of the direction.
(2)The competent authority concerned in relation to a necessary measures direction, where representations concerning the direction are made in accordance with paragraph
(1), may by notice, having considered any such representations in relation to it, confirm (with or without modification) the direction. The notice shall state the reasons for the confirmation of the direction.
(3)An airport managing body aggrieved by the confirmation of a necessary measures direction under paragraph
(2)may appeal the confirmation, within 14 days of the confirmation being given, to the High Court. The court may confirm the direction, vary it or allow the appeal. Its decision is final, other than on a point of law which lies to the Court of Appeal.
(4)The bringing of an appeal under paragraph
(3)does not have the effect of suspending the operation of the necessary measures direction, but the appellant may apply to the High Court to have the operation of it suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of it be suspended until the appeal is disposed of. The appellant shall at the same time notify the competent authority concerned of the appeal or application, and the grounds for the appeal or application.
(5)Where an airport managing body fails to comply with a necessary measures direction, the IAA may apply to the High Court for an order directing such compliance. The court may make such order as it sees fit. Its decision is final, other than on a point of law which lies to the Court of Appeal. Access to sustainable fuels at airport – directions 8.
(1)The IAA may direct an airport managing body to provide it, by a specified date, with the information necessary to prove compliance with the obligations laid down in Article 6
(1).
(2)An airport managing body who fails to comply with a direction of the IAA under paragraph
(1)commits an offence and is liable – (
  1. a)on summary conviction, to a class A fine, or (
  2. b)on conviction on indictment, to a fine not exceeding €250,000.
(3)Where the IAA is of the opinion that an airport managing body has failed to provide the information requested by it under Article 6, it may apply to the judge of the Circuit Court in whose Circuit the airport managing body is situated for an order directing such compliance. The court may make such order as it sees fit. Its decision is final, other than on a point of law which lies to the High Court.
(4)The IAA may direct an aviation fuel supplier, fuel handler, aircraft operator, or any other relevant party to provide all the necessary information to the airport managing body and to cooperate with the airport managing body in identifying and taking the necessary measures.
(5)An obligated party who fails to comply with a direction of the IAA under paragraph
(4)commits an offence and is liable – (
  1. a)on summary conviction, to a class A fine, or (
  2. b)on conviction on indictment, to a fine not exceeding €250,000. Aviation fuel supplier provision of information 9.
(1)The NORA may direct an aviation fuel supplier, to provide, by a date specified in the direction, information to an aircraft operator for the purposes of Article 9
(2)or
(3).
(2)An aviation fuel supplier who fails to comply with a direction of the NORA under paragraph
(1)commits an offence and is liable – (
  1. a)on summary conviction, to a class A fine, or (
  2. b)on conviction on indictment, to a fine not exceeding €250,000.
(3)Where the NORA is of the opinion that an aviation fuel supplier has failed to provide the information requested under paragraph
(1), it may apply to the judge of the Circuit Court in whose Circuit the supplier carries on business for an order directing such compliance. The court may make such order as it sees fit. Its decision is final, other than on a point of law which lies to the High Court. Provision of information relating to hydrogen and electric energy for aircraft propulsion 10.
(1)The IAA may give a direction to an airport managing body, aviation fuel supplier, or fuel handler for purposes of ensuring compliance with Article 7.
(2)Where an airport managing body, aviation fuel supplier, or fuel handler, fails to comply with a direction under paragraph
(1), the IAA may apply to the High Court for an order directing such compliance. The court may make such order as it sees fit. Its decision is final, other than on a point of law which lies to the Court of Appeal. Reporting by aircraft operator 11.
(1)An aircraft operator who fails – (
  1. a)to report to the IAA or EASA the information referred to in Article 8 with respect to a given reporting period in accordance with that Article, or (
  2. b)to provide EASA, together with the report referred to in Article 8, a declaration referred to in Article 9
(1)(
  1. a)or (
  2. b)or the information referred to in Article 9
(1)(c), commits an offence and is liable – (
  1. i)on summary conviction, to a class A fine, or (
  2. ii)on conviction on indictment, to a fine not exceeding €500,000.
(2)Where an aircraft operator has failed to submit a report referred to in, and in accordance with, Article 8 or 9, the IAA may apply by motion on notice to the judge of the Circuit Court in whose Circuit the aircraft operator carries on business for an order compelling the operator to submit the report.
(3)Where the IAA is of the opinion that a report has been submitted by an aircraft operator containing erroneous information or is incomplete it may apply by motion on notice to the judge of the Circuit Court in whose Circuit the airport operator carries on business for an order compelling the aircraft operator rectify any errors or omissions to the satisfaction of the IAA and to subsequently submit a valid report by a specified date.
(4)The court may make such order under paragraph
(3)as it sees fit. Its decision is final, other than on a point of law which lies to the High Court. Reporting by aviation fuel supplier 12.
(1)An aviation fuel supplier who fails to report in the Union database the information referred to in Article 10 relating to the reporting period, and to ensure that such information has been suitably verified and audited commits an offence and is liable – (a) on summary conviction, to a class A fine, or (b) on conviction on indictment, to a fine not exceeding €500,000.
(2)Where an aviation fuel supplier has failed to submit a valid report, the NORA may apply by motion on notice to the High Court for an order compelling the supplier to submit the report. The court may make such order under this paragraph as it sees fit. Its decision is final, other than on a point of law which lies to the Court of Appeal.
(3)Where the NORA is of the opinion that a report has been submitted by an aviation fuel supplier containing erroneous information or is incomplete it may apply by motion on notice to the judge of the Circuit Court in whose Circuit the supplier carries on business for an order compelling the aviation fuel supplier rectify any errors or omissions to the satisfaction of the NORA and to subsequently submit a valid report by a specified date.
(4)The court may make such order under paragraph
(3)as it sees fit. Its decision is final, other than on a point of law which lies to the High Court.
(5)In this Regulation “Union database” means the Union database set up under Article 31a of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 20182 or any other mechanism or means which the European Commission may decide to be used. Notifications, notices and directions of competent authority 13.
(1)Where a notification, notice or direction under these Regulations is given by a competent authority, it shall be in writing and be addressed to the aircraft operator, airport managing body, aviation fuel supplier, or fuel handler concerned and shall be given in one of the following ways: (
  1. a)by delivering it to the aircraft operator, airport managing body, aviation fuel supplier, or fuel handler concerned; (
  2. b)by leaving it at the address at which the aircraft operator, airport managing body, aviation fuel supplier or fuel handler concerned carries on business; (
  3. c)by sending it by post in a pre-paid registered letter addressed to the aircraft operator, airport managing body, aviation fuel supplier or fuel handler concerned at the address at which they carry on his or her business; (
  4. d)if an address for the service of a direction has been furnished by the aircraft operator, airport managing body, aviation fuel supplier or fuel handler concerned by leaving it at, or sending it by pre-paid registered post addressed to the aircraft operator, airport managing body, aviation fuel supplier or fuel handler concerned, to that address; (
  5. e)by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the aircraft operator, airport managing body, aviation fuel supplier or fuel handler concerned carries on business or, if an address for the service of a direction has been furnished by the aircraft operator, airport managing body or aviation fuel supplier concerned that address.
(2)In paragraph
(1), a party to a dispute which is a company or an existing company (within the meaning of the Companies Act 2014 ) is deemed to be ordinarily resident at its registered office and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.
(3)A notification, notice or direction given by a competent authority takes effect on the date of its issue or the date specified in it. Prosecution of summary offences 14. Proceedings for an offence may be brought summarily by the competent authority concerned. Procedures 15. A competent authority shall establish its own procedures for the purposes of these Regulations, subject to the ReFuelEU Aviation Regulation. Directions by Minister 16. (
  1. a)The Minister may give a direction to a competent authority for the purposes of these Regulations or the ReFuelEU Aviation Regulation. (
  2. b)A competent authority shall comply with any such direction given to it. However, the competent authority may request the Minister to modify the direction, if it can demonstrate mitigating circumstances. (
  3. c)The Minister, having considered any such request, may alter the direction or leave it unaltered and inform the competent authority of his or her decision. (
  4. d)Where a competent authority fails to comply with such a direction, the Minister shall by notice inform the authority, that unless it complies with the direction within the period stated in the notice, the Minister may apply to the High Court for an order directing compliance. The Minister may make such an application where the direction is not complied with within that period. The court may make such order as it sees fit. Its decision is final, other than on a point of law which lies to the Court of Appeal. Guidelines 17. The Minister may issue guidelines to competent authorities with regard to the imposition of fines in accordance with Regulation 3, giving directions under Regulation 7, 8, 9, or 10 or, in compliance with Article 11
(2), for the purpose of ensuring that they exercise their functions under these Regulations impartially and transparently and in an independent manner. A competent authority shall have regard to any such guidelines. GIVEN under my Official Seal, 29 July, 2026. DARRAGH O’BRIEN, Minister for Transport. EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations give effect to the ReFuelEU Aviation Regulation (EU) 2023/2405, for the purpose of Article 12, to provide for the imposition of administrative fines by the National Oil Reserves Agency (NORA) and the Irish Aviation Authority (IAA) for non-compliance with the ReFuelEU Aviation Regulation by aviation fuel suppliers, aircraft operators and airport managing bodies. They also provide for offences and penalties for other contraventions of the ReFuelEU Aviation Regulation and court orders, directions, compliance guidelines and appeals processes. 1 OJ L, 2023/2405, 31.10.2023 1 OJ L, 2023/2405, 31.10.2023 2 OJ No. L 328, 21.12.2018, p. 82 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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