The position to be taken on behalf of the Union within ICAO as regards the notification of differences between Union law and the Second Edition of Annex 16, Volume IV, to the Chicago Convention: the International Standards and Recommended Practices on Environmental Protection – Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (the ‘Second Edition’) shall be the following: each Member State shall fill in the ICAO Electronic Filing of Differences System (EFOD) the differences in accordance with the conditions set out in Article 2 of this Decision.
1. The notification of differences set out in this Article is without prejudice to other notifications submitted pursuant to Article 38 of the Chicago Convention with regard to the provisions of Annex 16, Volume IV, to the Chicago Convention.
2. A difference relative to point 4.3.1 of Chapter 4 of the Second Edition ‘Emissions units’, with the following difference details:
‘[Member State] notifies ICAO that compliance with offsetting requirements deriving from emissions from flights operated by operators based in [Member State], within the European Economic Area (EEA) or from flights operated from the EEA to and from Switzerland or the United Kingdom is ensured, in accordance with Directive 2003/87/EC of the European Parliament and of the Council
( 1 )
, by the surrendering of allowances under EU ETS regional scheme which also apply to such flights.
Participation in the regional schemes obliges operators from [Member State] to address those emissions.
Compliance with offsetting requirements is thereby fulfilled at the unit cancellation phase, detailed in Chapter 4 of Annex 16, Volume IV, to the Chicago Convention. Operators administered by [Member State] are considered compliant with CORSIA offsetting requirements following the submission of a verified Emissions Unit Cancellation Report. That report shall demonstrate the cancellation of sufficient CORSIA units, with the exception of flights between EEA States and flights between EEA States and the United Kingdom or Switzerland.
( 1 )
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC ( OJ EU L 275, 25.10.2003, p. 32 , ELI: http://data.europa.eu/eli/dir/2003/87/oj ).
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That difference shall be labelled a Category A difference ‘More exacting or exceeds the ICAO standard or recommended practice’ and a ‘Significant Difference’ in the EFOD.
3. A difference relative to point 4.2.1 of Chapter 4 of the Second Edition ‘Emissions Units’, with the following difference details:
‘In accordance with Article 11a of Directive 2003/87/EC [Member State] notifies ICAO that, in addition to the criteria included in the ICAO document entitled “CORSIA Emissions Unit Eligibility Criteria”, the following conditions must be fulfilled for units to be considered eligible for compliance with CORSIA for operators administered by [Member State]:
(a)
units must originate from a State that is a Party to the Paris Agreement at the time of use;
(b)
units must originate from a State participating in CORSIA offsetting.’
That difference shall be labelled a Category A difference ‘More exacting or exceeds the ICAO standard or recommended practice’ and a ‘Significant Difference’ in the EFOD.
4. A difference relative to point 2.1.1 of Chapter 2 of the Second Edition ‘Monitoring, Reporting and Verification (MRV) of Aeroplane Operator Annual CO 2 emissions’, with the following difference details:
‘In accordance with Annex I to Directive 2003/87/EC, [Member State] notifies ICAO that, in addition to the exemptions set out in points 2.1.1 and 2.1.3 of Annex 16, Volume IV, to the Chicago Convention, the Standards and Recommended Practices in this Chapter will not apply to the following flights departing from or arriving in the EEA:
(a)
any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention;
(b)
flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based;
(c)
flights performed in the framework of public service obligations imposed in accordance with Regulation (EC) No 1008/2008 of the European Parliament and of the Council
( 2 ) .
( 2 )
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community ( OJ EU L 293, 31.10.2008, p. 3 , ELI: http://data.europa.eu/eli/reg/2008/1008/oj ).
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That difference shall be labelled a Category C difference ‘Partially implemented’ and not a ‘Significant Difference’ in the EFOD.
5. A difference relative to points 2.2.1.3.1, 2.2.1.3.2 and 2.2.1.3.6 of Chapter 2 of the Second Edition ‘Monitoring, Reporting and Verification (MRV) of Aeroplane Operator Annual CO 2 emissions’, with the following difference details:
‘In accordance with Article 55(1) of Commission Implementing Regulation (EU) 2018/2066
( 2 )
, aircraft operators operating fewer than 243 flights per period for three consecutive four-month periods and aircraft operators operating flights with total annual emissions lower than 25 000 tonnes of CO 2 per year shall be considered small emitters. [Member State] notifies ICAO that aircraft operators above the small emitters’ threshold shall use Method A or Method B as a Fuel Use Monitoring Method.
( 2 )
Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 ( OJ EU L 334, 31.12.2018, p. 1 , ELI: http://data.europa.eu/eli/reg_impl/2018/2066/oj .
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‘In accordance with Implementing Regulation (EU) 2018/2066, [Member State] notifies ICAO that aircraft operators shall use the selected Fuel Use Monitoring Method for all their reported flights, including for international flights not subject to offsetting requirements.’
‘In accordance with Directive 2003/87/EC, [Member State] notifies ICAO that aircraft operators that meet the requirements of points 2.1.1 and 2.1.3 of Annex 16, Volume IV, to the Chicago Convention, after 1 January 2021 for the first time without qualifying as a new entrant and that are not small emitters shall directly use a Fuel Use Monitoring Method.’
That difference shall be labelled a Category A difference ‘More exacting or exceeds the ICAO standard or recommended practice’ and not a ‘Significant Difference’ in the EFOD.
6. Each Member State shall file the differences in this Article no later than two months following the entry into force of this Decision and shall inform the Commission accordingly.
This Decision shall enter into force on the date of its adoption.
