Article 12 2.

Member States shall ensure that any aircraft operator that fails to comply with the obligations laid down in Article 5 is liable to a fine. That fine shall be proportionate and dissuasive and not less than twice 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. An aircraft operator may be exempted from a fine if it can prove that its failure to comply with the obligations laid down in Article 5 was caused by exceptional and unforeseeable circumstances, outside its control, the effects of which could not have been avoided, even if all reasonable measures had been taken.