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EU draft exempts private jets, cargo from jet fuel tax

  • Market: Emissions, Oil products
  • 06/07/21

The European Commission has proposed exempting private jets and cargo flights from the planned EU jet fuel tax. A draft indicates that the tax would be phased-in for passenger flights, including ones that carry cargo.

The draft, which the commission will on 14 July present with its proposed revisions to the bloc's 2003 energy-taxation directive, indicates there could be an exemption from taxation for energy products and electricity used for intra-EU air navigation of cargo-only flights. It proposes allowing EU states to only tax such flights either domestically or by virtue of bilateral or multilateral agreements with other member states.

The commission is worried that taxing fuel for cargo-only flights would adversely affect EU carriers. Third-country carriers, also with a significant share of the intra-EU cargo market, have to be exempted from taxation due to aviation services agreements, the commission argues.

Private jets will enjoy an exemption through classification of "business aviation" as the use of aircraft by firms for carriage of passengers or goods as an "aid to the conduct of their business", if generally considered not for public hire. A further exemption is given for "pleasure" flights whereby an aircraft is used for "personal or recreational" purposes not associated with a business or professional use.

Non-governmental organisation Transport & Environment (T&E) called the proposal "generally good".

"The downside, though, is the commission is considering exempting cargo carriers that are often US-run," said its aviation director Andrew Murphy, who noted "multiple" solutions for taxing jet fuel used by cargo carriers that "tend to use older, dirtier aircraft".

In May, Murphy co-authored a report indicating that private-jet CO2 emissions in Europe rose by 31pc between 2005 and 2019, with flights to popular destinations up markedly during summer holiday seasons. He has argued for a fuel tax for this "leisure-driven" private jet sector.

Airlines for Europe (A4E) fears that setting minimum tax rates for intra-EU flights could lead to distortion of competition. The industry association, which counts 16 airline groups as members including Ryanair, Air France/KLM, Lufthansa, IAG, easyJet and Cargolux, indicated that the commission's proposal could lead to aircraft deliberately carrying excess fuel bought outside the EU specifically to avoid the bloc's jet fuel tax.

Airlines should not pay extra under the revised energy taxation directive when they are already paying for CO2 under the EU's emissions trading sytem (ETS) and participating in the International Civil Aviation Organisation's Carbon Offsetting and Reduction Scheme for International Aviation (Corsia).

More generally, the commission sees collection of aviation fuel tax as not problematic, with fuel suppliers collecting it and transferring to relevant tax authorities. The commission estimates the administrative cost of this at 0.65pc of revenue.

The draft may change before 14 July, and does not contain the all-important annexes with tax rates. To enter into force it must be approved by all 27 EU member states, and it may change markedly over the coming months. A commission proposal made in April 2011 to update EU energy taxation rules failed after finance ministers could not agree by unanimity in 2014.

The commission wants to align energy taxation with EU climate goals, meaning that taxes should be based on the net calorific value of the energy products and electricity and that minimum levels of taxation across the EU would be set out according to environmental performance and expressed in €/GJ. These minimum levels should be aligned annually on the basis of the EU's harmonised index of consumer prices, excluding energy and unprocessed food.

Next week, the commission will propose changes to the EU's emissions trading system (ETS). A draft of these did not detail how aviation will be treated, but no free allocations are envisaged for maritime, road transport and buildings sectors. Officials will also present the commission's mandate for sustainable aviation fuels (SAF), whereby all firms could be expected to fill up with blended jet fuels at EU airports.


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31/12/24

Viewpoint: USGC gasoline oversupply unlikely to ease

Viewpoint: USGC gasoline oversupply unlikely to ease

Houston, 31 December (Argus) — Refinery closures and increased export opportunities in the US Gulf coast (USGC) will likely do little to alleviate an oversupply of regional gasoline in early 2025 as refining capacity in Mexico expands. LyondellBasell's 264,000 b/d Houston refinery tentatively plans to shut down during the first quarter of 2025 after previously delaying an end to production from the final quarter of 2023. Though some refiners welcome refinery shutdowns to provide a lift to falling margins , market participants have suggested that the upcoming closures will not considerably reduce the oversupply of product in the region. The Gulf coast's weekly average output totaled 2.2mn b/d in 2024, over one-fifth of the US's 9.7mn b/d weekly average. LyondellBasell's Houston refinery closure could cause total weekly production in the region to contract by as much as 12pc if it goes as planned. Product supplied, a proxy used by the US Energy Information Administration (EIA) for finished motor gasoline demand nationwide, has not recovered to pre-pandemic levels. Demand had fallen to fresh lows of 8.15mn b/d in 2020, when Covid-19 pandemic restrictions limited travel, but marginally regained strength after those measures were lifted. In the five years prior to the pandemic, gasoline product supplied ranged between a yearly average of 8.86mn-9.34mn b/d. In 2024, it averaged 8.85mn b/d, just below the pre-pandemic five-year average, but has grown for a second consecutive year after hitting a record low of 8.1mn b/d for 2022. In its energy outlook for 2025, the Louisiana State University's (LSU) Center for Energy Studies said it expected domestic demand to remain relatively flat, but that increased US net exports could shave off excess supply. Gulf coast gasoline stockpiles have exhibited steady growth since 2022, largely outpacing demand for the product, EIA data indicates. In the five years prior to the Covid-19 pandemic, weekly inventory averages ranged between 75mn-83mn bl. After hitting a record weekly average of 86.9mn bl in 2020, stockpiles have hovered above the pre-pandemic range for every year since, with 2024 weekly average inventory levels totaling 83.1mn bl. Gasoline prices peaked in 2022 due to rebounding gasoline demand since the pandemic. Though prices remain above the $2/USG mark since 2020, cash prices for 87 conventional finished gasoline in 2024 averaged 68¢/USG lower than in 2022 and 23¢/USG less than 2023's average, further depressing refining margins from a year earlier. Exports: a closing door Both exports to Latin America and domestic shipments to the US east coast have historically absorbed excess supplies of Gulf coast gasoline, but increased refining capacity and a potential trade war between the US and Mexico could choke off exports to Latin America. Market participants point to exports as a favorable outlet for excess gasoline supply with export data showing a strong correlation with the stock build in the Gulf coast since 2022. The US Gulf coast exported an average of 251,000 b/d in 2024 after four consecutive years of gains, according to trade analytics firm Kpler. Export levels out of the region are more than double the pre-pandemic four-year average of 121,750 b/d. However, Pemex's 400,000 b/d Dos Bocas refinery in Mexico is projected to come on line in late 2025 and will likely reduce the Gulf coast's share of the gasoline export market. Mexico imports nearly 90pc of its gasoline from the US , while roughly 82pc of Gulf coast exports land in Mexico, according to separate Kpler data. Mexican president Claudia Sheinbaum has continued expanding Mexico's energy independence, with 2024 marking the closest in nine years that gasoline production has approached import levels . Furthermore, US president-elect Donald Trump's potential 25pc tariff on imports from Canada and Mexico, including oil and gas, could spark retaliatory tariffs from Mexico, previously threatened by Sheinbaum. Should Trump go through with the tariffs when he takes office on 20 January, the tariffs between both countries would cut off gasoline exports and leave stockpile levels in the Gulf coast significantly higher. By Hannah Borai Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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Viewpoint: Power demand could bolster RGGI allowances


31/12/24
News
31/12/24

Viewpoint: Power demand could bolster RGGI allowances

Houston, 31 December (Argus) — Regional Greenhouse Gas Initiative (RGGI) CO2 allowances in 2025 could get a boost from a projected increase in electricity demand, despite uncertainty over the RGGI states' ongoing program review. Allowance prices hit record highs this past year, particularly during the summer as high temperatures raised expectations for emissions, increasing compliance demand. The first three auctions of 2024 cleared at record levels, draining the cost containment reserve (CCR) — a mechanism where additional allowances are released to temper rising prices — during the March auction . Prices followed suit in the secondary market, reaching multiple all-time highs before peaking on 20 August, with Argus assessing December 2024 and prompt-month allowances at $27.82/short ton (st) and $27.31/st, respectively. The increases have been fueled by anticipated growth in electricity demand as states work to implement policies promoting electrification in the transportation, industrial and heating sectors. In New England alone, peak power demand is forecast to double from 27,000MW to 55,000MW by 2050, according to an Acadia Center report . But the biggest source of this demand — and the steady climb in RGGI allowance prices since late-2023 — is the rapid expansion of data centers, according to University of Virginia professor William Shobe, who studies emissions market and auction design. New CO2-emitting sources such as natural gas-fired plants must factor rising allowance prices into the future cost of electricity in the long-run, Shobe said. As prices rise, other cleaner sources of energy, such as offshore wind and small modular reactors, will become more competitive, he said. Review the review The member states of RGGI launched a review of the program in February 2021. As power demand creates a potential for a bullish RGGI market, the review remains a source of uncertainty for participants and volatility in the secondary market. The program review includes considerations for a more ambitious emissions cap plan beyond 2030. But it has faced a number of delays and was originally scheduled to wrap up last year . Member states have provided few updates on the status and timeline of the review, leaving participants and environmental groups alike on tenterhooks over how a finalized program review — and with it, an updated emissions cap plan — will affect the future supply of allowances. Participants "are always thinking about future scarcity", said Shobe. "The more information we can give them about the future path of scarcity (of allowances) now, the more efficient their own behavior can be." The latest updates were released in September. They included an emissions cap plan that combined two previously floated proposals where the allowance budget starts at about 70mn st, declining at a rate consistent with a zero-by-2035 goal from 2027-2033 and a lower rate consistent with a zero-by-2040 goal from 2033-2037. Member states are also considering adding a second CCR and eliminating the emissions containment reserve (ECR), a market mechanism designed to respond to falling prices by withholding allowances. The review is planned to end in early 2025. A draft rule with additional modeling was to be released in the fall, but there have been no updates regarding another change in timeline. RGGI has not responded to requests for comment. States in limbo The status of Virginia — which left RGGI in 2023 — and Pennsylvania as potential members is another point of uncertainty as those states' participation are under legal scrutiny in their respective courts. Virginia's Floyd County Circuit Court in November ruled that regulation enabling the state's exit from RGGI was unlawful since it was enacted without legislative approval. Governor Glen Youngkin's (R) administration intends to appeal to the Supreme Court of Virginia sometime in 2025, but has declined to specify when. While it is unlikely Virginia will rejoin RGGI in the interim, its participation would increase demand for allowances and put an "upward pressure on price", Shobe said. Much of this demand would be fueled by data center expansion, as northern Virginia is the largest market for data centers in the world, with 25pc of all reported data center operational capacity in the Americas and 13pc globally, according to a report by a state legislative commission. The Supreme Court of Pennsylvania is also reviewing a lower-court decision striking down CO2 trading regulation allowing the state to participate in RGGI. Governor Josh Shapiro (D) has reluctantly defended Pennsylvania's membership in the program as an issue of preserving executive authority, and Republican state lawmakers have been attempting to revive legislation that would cement the state's exit from RGGI. The state's high court could issue a decision sometime in 2025. But Governor Shapiro also proposed a state-specific power plant CO2 cap-and-trade program earlier this year — another development participants should keep an eye on. By Ida Balakrishna Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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Viewpoint: US Supreme Court tees up more energy cases


31/12/24
News
31/12/24

Viewpoint: US Supreme Court tees up more energy cases

Washington, 31 December (Argus) — The US Supreme Court is on track for another term that could significantly affect the energy sector, with rulings anticipated in the new year that could narrow environmental reviews and challenge California's authority to set its own tailpipe standards. The Supreme Court earlier this month held arguments in Seven County Infrastructure Coalition v Eagle County, Colorado , a case in which the justices are being asked to decide whether federal rail regulators adequately studied the environmental effects of a proposed 88-mile railway that would transport 80,000 b/d of crude. A lower court last year found the review, prepared under the National Environmental Policy Act (NEPA), should have analyzed how building the project would affect drilling and refining. Business groups want the Supreme Court to issue an expansive ruling that would limit NEPA reviews only to "proximate" effects, such as how rail traffic could affect nearby wildlife, rather than reviewing distance effects. The court recently agreed to hear a separate case that could restrict California's unique authority under the Clean Air Act to issue its own greenhouse gas regulations for newly sold cars and pickup trucks that are more stringent than federal standards. Oil refiners and biofuel producers in that case, Diamond Alternative Energy v EPA , say they should have "standing" to advance a lawsuit challenging those standards — even though they could now show prevailing in the case would change fuel demand — based on the alleged "coercive and predictable effects of regulation on third parties". These two cases, likely to be decided by the end of June, follow on the heels of the court's blockbuster decision in June overturning the decades-old "Chevron deference", a foundation for administration law that had given federal agencies greater flexibility when writing regulations. Last term, the court also limited agency enforcement powers and halted a rule targeting cross-state air pollution sources. This term's cases are unlikely to have as far-reaching consequences for the energy sector as overturning Chevron. But industry officials hope the two pending cases will provide clarity on issues that have been problematic for developers, including the scope of federal environmental reviews and the ability of industry to win legal "standing" to bring lawsuits. Two other cases could have significant effects for the oil sector, if the court agrees to consider them at a conference set for 10 January. Utah has a pending complaint before the court designed to force the US to dispose of 18.5mn acres of "unappropriated" federal land in the state, including oil-producing acreage. Utah argues that indefinitely retaining the land — which covers about a third of Utah — is unconstitutional. In another pending case, Sunoco and other oil companies have asked for a ruling that could halt a series of lawsuits filed against them in state courts for alleged damages from greenhouse gas emissions. President-elect Donald Trump's re-election could create complications for cases pending before the Supreme Court, if the incoming administration adopts new legal positions. Trump plans to nominate John Sauer, who successfully represented Trump in his presidential immunity case, as his solicitor general before the Supreme Court. By Chris Knight Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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Viewpoint: Bearish year ahead for NOx markets


30/12/24
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30/12/24

Viewpoint: Bearish year ahead for NOx markets

Houston, 30 December (Argus) — The Cross-State Air Pollution Rule (CSAPR) NOx allowance markets will likely face a bearish year in 2025, as the incoming administration of president-elect Donald Trump creates uncertainty over the fate of the latest federal regulation to curb emissions. The US Supreme Court halted implementation of the US Environmental Protection Agency's (EPA) "good neighbor" plan in June with a nationwide stay. This left an already stunted regulation to cut NOx emissions, a precursor to harmful ground-level ozone, obsolete for the foreseeable future. EPA finalized a plan in March 2023 to help downwind states meet the 2015 national air quality standards by setting tighter ozone season NOx caps on power plants covered by CSPAR as well as new limits for industrial facilities in more than 20 upwind states. But by the time the justices issued the stay, the number of covered states had already shrunk by more than half because of lower-court orders pausing implementation in 12 states. Prices for seasonal NOx allowances have flatlined and the market has been illiquid over much of 2024 because of uncertainty over how numerous legal challenges against the good neighbor plan would play out. Argus has assessed Group 2 allowances at $775/short ton (st) and Group 3 allowances at a record low $1,250/st since January. This could change, albeit at a slow pace, because EPA finalized an interim rule in November to comply with the nationwide stay. Power plants that had been covered by the good neighbor plan are now under less-stringent NOx budgets tied to older air quality standards, and the 10 states that had been participating in the Group 3 market prior to the stay are now reshuffled into Group 2 and a separate 12-state "expanded" Group 2 market. All that remains is… uncertainty In the new year, the market will wait to see how the Trump administration will deal with the good neighbor plan and the associated legal challenges in the US Court of Appeals for the DC Circuit and the US Supreme Court. Because of the stay, there is no hurry for the new administration to address the legal woes, and it is unlikely the DC Circuit will soon rule on the legality of EPA's rejection of state ozone reduction plans. The Trump EPA, following precedent of prior administrations, will likely ask the court to pause litigation until it decides whether to continue defending the plan, according to Jeff Holmstead, assistant administrator at the agency under former president George W Bush. The agency will likely revoke the plan at some point and replace it with a rule that is more "modest" and would not significantly affect allowance prices, he said. The EPA under Trump could ultimately decide that upwind states do not significantly contribute to interstate pollution, reversing a determination that has underpinned the good neighbor plan. That could lead to downwind states asking the agency to address specific sources that contribute to their air quality problems, said Carrie Jenks, executive director of Harvard Law School's Environmental and Energy Law Program. The Supreme Court is also hearing a case to decide the proper court venue for Clean Air Act disputes, which involves the good neighbor plan. The Trump administration likely will agree with various states and industry groups that say EPA's rejections of individual state plans are not a "nationally applicable" action and must be litigated in the regional circuit courts, but the Supreme Court is likely to continue the venue case, Jenks said. Oral arguments will likely be held early next year. It is also unclear how Lee Zeldin, Trump's pick to lead EPA will affect the regulation. Zeldin is a moderate, given his history, and will likely "not want to impose significant new burdens on fossil fuel power plants", Holmstead said. Trump's plans to downsize the federal bureaucracy could also affect future rulemakings, according to Jenks. "Nobody really knows what's going to happen," she said. As a result, market activity is likely to remain limited in the coming months as participants await legal and regulatory clarity. In addition, markets are likely to be oversupplied now that power plants are under lighter NOx caps. Most states in the seasonal NOx markets were well below their limits for the 2024 ozone season, despite a 9.2pc increase in cumulative emissions in the expanded Group 2. EPA will also allow some power plants to convert vintage 2021-23 Group 3 allowances to Group 2 or expanded Group 2 allowances, adding to supply. With low demand and a potential oversupply, seasonal NOx allowances could see prices fall . By Ida Balakrishna Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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Viewpoint: Chancay port may increase Peru bunker demand


30/12/24
News
30/12/24

Viewpoint: Chancay port may increase Peru bunker demand

New York, 30 December (Argus) — The opening of Peru's Chancay port next year likely will boost the country's bunkering demand and drive-up competition on the Latin American Pacific coast. Able to accommodate larger ships and vessels equipped with marine exhaust scrubbers, the unveiling of the new facility — likely in the first quarter — could spur demand for very low-sulphur fuel oil (VLSFO) and high-sulphur fuel oil (HSFO). Chancay, which is owned by Chinese state-owned port operating company Cosco Shipping and Peruvian mining company Volcan, has a 17.8-meter depth, compared with a depth of 16 meters in El Callao part, which is south of Chancay near Lima, Peru. Chancay's depth allows it to receive container ships with a capacity of up to 18,000 twenty-foot equivalent units The larger vessels will likely take on around 3,000-5,000 metric tonnes of marine fuel in one port call, according to one source familiar with the Peruvian bunker market. "The port is gradually beginning to receive container vessels, RoRo, and bulk carriers," said Augusto Ganoza, who heads Chilean bunker supplier Agunsa's operations in Peru. "I anticipate an increase in bunkering demand at Chancay, particularly if vessels call at Callao first and then proceed to Chancay, which I believe will be the case for most." But bunker buying appetite in Chancay also will depend on marine fuel prices in China. El Callao VLSFO was assessed at a $85/t premium to Zhoushan, China, in November. That differential tightened from its peak earlier this year at $143/t in April. That differential could temper the expected increase in bunkering demand in Peru. Other market contacts from outside Peru said that any increase in demand stemming from Chancay's opening is unlikely to drag down activity in competing ports such as Panama, largely because of higher prices in Peru and better quality of bunker fuel available in Panama. The VLSFO November monthly average in El Callao was $656/t, which was an $89/t premium to Panama VLSFO. By Luis Gronda Send comments and request more information at feedback@argusmedia.com Copyright © 2024. Argus Media group . All rights reserved.

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