The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021

CHAPTER 2U.K.Monitoring of aeroplane operator annual CO₂ emissions

Monitoring of CO₂ emissions: Eligibility of monitoring methodsU.K.

22.—(1) An aeroplane operator must monitor and record its fuel use from international flights in accordance with an eligible monitoring method set out in paragraphs (3) to (6) for the 2019-2020 period and paragraphs (7) to (12) for the 2021-2035 period, and approved by the Regulator.

(2) Following approval and issue of its Emissions Monitoring Plan in accordance with article 24, an aeroplane operator must use the same eligible monitoring method for the entire compliance period(1).

2019-2020 period

(3) Where an aeroplane operator has, prior to this Order coming into force, accumulated any fuel use during the period of 2019-2020 pursuant to article 3 of Commission Implementing Regulation (EU) 2019/1603(2), that fuel use data must be used for the purpose of this Order.

(4) An aeroplane operator with annual CO₂ emissions from international flights greater than or equal to 500,000 tonnes must use a Fuel Use Monitoring Method set out in Schedule 2.

(5) An aeroplane operator with annual CO₂ emissions from international flights of less than 500,000 tonnes must use either a Fuel Use Monitoring Method or the CERT set out in Schedules 2 and 3, respectively.

(6) If the aeroplane operator’s annual CO₂ emissions from international flights increases above the threshold of 500,000 tonnes in 2019, the Regulator may permit the aeroplane operator to continue to apply the monitoring method chosen in accordance with paragraph (5) for this period.

2021-2035 period

(7) An aeroplane operator, with annual CO₂ emissions from international flights [F1subject to offsetting requirements under article 41A] of greater than or equal to 50,000 tonnes, must use a Fuel Use Monitoring Method as described in Schedule 2 for these flights. For other international flights, the aeroplane operator must use either a Fuel Use Monitoring Method, as described in Schedule 2, or the CERT, as described in Schedule 3.

(8) An aeroplane operator, with annual CO₂ emissions from international flights [F2subject to offsetting requirements under article 41A] of less than 50,000 tonnes, must use either a Fuel Use Monitoring Method or the CERT as described in Schedules 2 and 3, respectively.

(9) If an aeroplane operator’s annual CO₂ emissions from international flights [F3subject to offsetting requirements under article 41A], increases above the threshold of 50,000 tonnes in a given year (y), and also in year (y+1)(3), the aeroplane operator must—

(a)submit an updated Emissions Monitoring Plan by 30th September of year (y + 2)(4), and

(b)change to a Fuel Use Monitoring Method, as set out in Schedule 2, on 1st January of year (y + 3)(5).

(10) If an aeroplane operator’s annual CO₂ emissions from international flights [F4subject to offsetting requirements under article 41A] decreases below the threshold of 50,000 tonnes in a given year (y), and also in year (y + 1), the aeroplane operator may change monitoring method on 1st January of year (y + 3).

(11) Where an aeroplane operator chooses to change its monitoring method under paragraph (10)(6), it must submit an updated Emissions Monitoring Plan by 30th September of year (y + 2).

(12) Where the aeroplane operator has, prior to this Order coming into force, accumulated any fuel use during 2021 pursuant to article 3 of Commission Implementing Regulation (EU) 2019/1603 in conjunction with article 24 of the UK ETS Order, that fuel use data must be used for the purpose of this Order[F5.]

Emissions Monitoring PlanU.K.

23.—(1) An aeroplane operator must submit an Emissions Monitoring Plan to the Regulator for approval by the Regulator. The Emissions Monitoring Plan must contain the information set out in Schedule 4.

(2) Where an aeroplane operator has, prior to this Order coming into force, established an approved Emissions Monitoring Plan pursuant to article 3 of Commission Implementing Regulation (EU) 2019/1603(7), a Regulator must, before 30th June 2021, approve and issue an Emissions Monitoring Plan to that aeroplane operator in the same terms, subject to any variation required to comply with this Order.

(3) A new entrant aeroplane operator must submit an Emissions Monitoring Plan to the Regulator for approval and issue within 3 months of falling within the scope of applicability set out in article 21. The Emissions Monitoring Plan must contain the information specified in Schedule 4.

Issue of Emissions Monitoring PlansU.K.

24.—(1) If an aeroplane operator submits an Emissions Monitoring Plan for approval by the Regulator in accordance with article 23, a Regulator must approve and issue the Emissions Monitoring Plan [F6by notice to the aeroplane operator unless]—

(a)the Regulator is not satisfied that the application complies with the requirements of this Order[F7, ] and

(b)the aeroplane operator has not agreed to amendments of the application required to satisfy the Regulator that the application does so comply.

(2) An Emissions Monitoring Plan issued under paragraph (1) replaces any Emissions Monitoring Plan previously issued to the aeroplane operator.

(3) An [F8Emissions Monitoring Plan] may contain any conditions the Regulator considers necessary to give proper effect to the requirements of this Order.

(4) An aeroplane operator must comply with any condition included in its Emissions Monitoring Plan.

Refusal of application for Emissions Monitoring PlansU.K.

25.—(1) If a Regulator refuses an application for an Emissions Monitoring Plan, the Regulator must give notice to the applicant.

(2) A notice under paragraph (1) must state—

(a)the reasons for the decision[F9, ] and

(b)if amendments of the application are required in order for an Emissions Monitoring Plan to be issued, the nature of those amendments.

(3) An aeroplane operator [F10which] is given a notice under paragraph (1) must make a revised application to the Regulator before the end of the period of 31 days beginning with the day that the notice was given.

(4) Article 24 and this article apply to a revised application under paragraph (3) as they apply to the original application, but for the purposes of such a revised application, the references to the period of 2 months in article 19 are to be read as references to a period of 24 days.

Modification of the Emissions Monitoring PlanU.K.

26.—(1) An aeroplane operator must notify the Regulator of any proposals for modification of its Emissions Monitoring Plan.

(2) The aeroplane operator must resubmit the Emissions Monitoring Plan to the Regulator for approval if a material change is made to the information contained within the Emissions Monitoring Plan.

(3) A material change is a change to the information presented in the Emissions Monitoring Plan that would—

(a)affect the status or eligibility of the aeroplane operator for an option under the emissions monitoring requirements, or

(b)otherwise affect the decision by the Regulator with regard to whether the aeroplane operator’s approach to monitoring conforms with the requirements.

(4) The aeroplane operator must also resubmit the Emissions Monitoring Plan in the event of a change to the information presented in the plan that—

(a)arises from a change in the availability of data, due to the use of new types of measuring instrument, sampling methods or analysis methods, or for other reasons, which leads to higher accuracy in the determination of emissions,

(b)has been found to be incorrect under the data monitoring methodology applied previously,

(c)would improve the accuracy of the reported data, unless this is technically not feasible or incurs unreasonable costs, or

(d)is necessary to respond to the suggestions for improvement of the monitoring plan contained in a [F11Verification Report].

(5) An aeroplane operator must also inform the Regulator of changes that would affect the Regulator’s oversight, such as a change in corporate name or address, even if the changes do not fall within the definition of a material change(8).

[F12(6)  A Regulator may, by giving notice to an aeroplane operator, vary the aeroplane operator’s Emissions Monitoring Plan, including by the modification, addition or removal of a condition, if the Regulator considers it necessary to do so in order to give proper effect to this Order.]

Approval of modification of the Emissions Monitoring PlanU.K.

27.—[F13(1) A Regulator may allow an aeroplane operator to notify modifications of the Emissions Monitoring Plan that are not significant, without such modifications being the subject of the Regulator’s approval.]

(2) Any significant modification of the Emissions Monitoring Plan must be subject to approval [F14by notice] by a Regulator.

(3) Where the Regulator considers a modification not to be significant, it must inform the aeroplane operator without undue delay.

(4) Significant changes to the Emissions Monitoring Plan include—

(a)change of emission factor values laid down in the Emissions Monitoring Plan,

(b)a change between the calculation methods referred to in Schedule 2,

(c)the introduction of new source streams,

(d)changes in the status of the aeroplane operator with regard to one of the thresholds specified in article 5 or 22(7) to (12).

Calculation of CO₂ emissions from aeroplane fuel useU.K.

28.—(1) An aeroplane operator must apply a fuel density value to calculate fuel mass where the amount of fuel uplift is determined in units of volume.

(2) The aeroplane operator must record the fuel density, which may be an actual or a standard value of 0.8 kg per litre, that is used for operational and safety reasons such as in an operational, flight or technical log.

(3) The procedure for informing the use of actual or standard density must be detailed in the Emissions Monitoring Plan along with a reference to the relevant aeroplane operator documentation(9).

(4) An aeroplane operator using a Fuel Use Monitoring Method, as set out in Schedule 2, must determine the CO₂ emissions from international flights using the following equation—

(5) The fuel conversion factor referred to in paragraph (4) is equal to—

(a)3.16 (in kg CO₂/kg fuel) for Jet-A fuel,

(b)3.10 (in kg CO₂/kg fuel) for AvGas, or

(c)3.10 (in kg CO₂/kg fuel) for Jet-B fuel.

Monitoring of CORSIA eligible fuels claimsU.K.

29.—(1) An aeroplane operator that intends to claim for emissions reductions from the use of CORSIA eligible fuels must use a CORSIA eligible fuel that meets the CORSIA Sustainability Criteria as defined within the ICAO document entitled, “CORSIA Sustainability Criteria for Sustainable Aviation Fuels”(11).

(2) An aeroplane operator that intends to claim for emissions reductions from the use of CORSIA eligible fuels must only use CORSIA eligible fuels from fuel producers that are certified by an approved Sustainable Certification Scheme included in the ICAO document entitled, “CORSIA Approved Sustainability Certification Schemes”(12).

(3) If the aeroplane operator cannot demonstrate the compliance of the CORSIA eligible fuel with the CORSIA Sustainability Criteria, it must not be accounted for as a CORSIA eligible fuel.

Calculation of emissions from the use of CORSIA eligible fuelsU.K.

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