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Taxation and Customs Union

Excise Duties on Energy

EU legislation on excise duties for energy products

The EU sets harmonised minimum rates of excise duty for all energy products used for heating, transport and electricity. EU legislation on excise duties for energy covers: 

  • The rates and structure of excise duties for energy products 
  • Specific provisions for aircraft fuel 
  • Fiscal marking of gas oils and kerosene

Rates and structure

The Energy Taxation Directive establishes the minimum excise duty rates that EU countries must apply to energy products for fuel and transport, and electricity. 

EU legislation only sets harmonised minimum rates. Member States are free to apply excise duty rates above these minima, according to their own national needs. 

Aircraft fuel

Aircraft fuel, other than that used in private pleasure-flying, is exempt from excise duty. The exemption is included in the Energy Tax Directive 2003/96/EC (Article 14(1)(b)). 

However, EU countries can tax aviation fuel for domestic flights and, by means of bilateral agreements, also fuel used in intra-EU flights. In such cases, EU countries may apply a level of taxation below the minimum level set out in the Energy Tax Directive. 

Fiscal marking of gas oils and kerosene

Council Directive 95/60/EC provides a common marking system to identify gas oil and kerosene subject to a reduced excise rate. This includes for example mineral oils used as propellants. 

The aim of this marking is to prevent tax evasion and ensure the proper functioning of the internal market. The rules are without prejudice to national provisions on fiscal marking. 

Review of the Energy Taxation Directive (proposal)

In July 2021, the Commission put forward a proposal to revise the Energy Taxation Directive. The proposal aims to ensure more coherence with other EU policies and contribute to achieving the EU’s mid- and long-term energy and climate objectives. 

More about the proposal 

Legal texts