The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022

• Citation: S.I. 2022/1050
• Sections: 37

Section 1 Citation and commencement

This Order may be cited as the Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 and comes into force on 9th November 2022.

Section 2 Extent

This Order extends to the whole of the United Kingdom.

Section 3 Amendment of the Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021

The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021 is amended as follows.

Section 4 General

In articles 4, 24, 25, 28, 37, 43, 47 to 50, 55, 57, 58, 60 to 62, 65 and 68 for “;” in each place it occurs, substitute “,” .

Section 5 Amendment of article 3

In article 3(1) (application) for “whom” substitute “which” .

Section 6 Amendment of article 4

(1) Article 4 (interpretation) is amended as follows.

(2) Omit the entries for “ACARS”, “Administrative partnership”, “AFBO” and “Pathway”.

(3) In the entries for “ISO 14064-3:2006”, “ISO 14065:2013”, “ISO 14066:2011” and “ISO/IEC 17011:2004” for each of the final full stops substitute commas.

(4) After the entry for “state pair”, insert—

“ Sustainability Certification Scheme ” means a scheme for the certification of sustainable fuels that has been approved by ICAO in ICAO document “CORSIA Approved Sustainability Certification Scheme” ,

(5) “For the entries for “Verification of report”, “Verification body”, “Verification team” and “Verification report” substitute—

“ Verification body ” means a person that performs the verification of an Emissions Report, as an accredited independent third party,

“ Verification of report ” means an independent, systematic and sufficiently documented evaluation process of an Emissions Report,

“ Verification Report ” means a document, drafted by the verification body, containing the verification statement and required supporting information set out in paragraph 3(22) to (26) of Schedule 6 and required supporting information, and

“ Verification team ” means a group of verifiers, or a single verifier that also qualifies as a team leader, belonging to a verification body conducting the verification of an Emissions Report, whether or not supported by technical experts.

Section 7 Amendment of article 9

In article 9(3)(b) (attribution of international flights to an aeroplane operator) for “air operator certificate” substitute “Air Operator Certificate” .

Section 8 Amendment of article 10

In article 10 (meaning of regulator) for “who”, in both places it occurs, substitute “which” .

Section 9 Amendment of article 16

(1) Article 16 (change in aeroplane operator’s attribution to a state) is amended as follows.

(2) In paragraph (1)(a) for “air operator certificate” substitute “Air Operator Certificate” .

(3) In paragraph (3) for “can” substitute “may” .

Section 10 Amendment of article 22

(1) Article 22 (monitoring of CO 2 emissions: eligibility of monitoring methods) is amended as follows.

(2) In paragraphs (7), (8), (9) and (10), for “between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs””, in each place it occurs, substitute “subject to offsetting requirements under article 41A” .

(3) At the end of paragraph (12) insert a full stop.

Section 11 Amendment of article 24

(1) Article 24 (issue of emissions monitoring plans) is amended as follows.

(2) In paragraph (1), for “unless” substitute “by notice to the aeroplane operator unless” .

(3) In paragraph (3) for “Emissions monitoring Plan” substitute “Emissions Monitoring Plan” .

Section 12 Amendment of article 25

In article 25(3) (refusal of application for emissions monitoring plans) for “who” substitute “which” .

Section 13 Amendment of article 26

(1) Article 26 (modification of the emissions monitoring plan) is amended as follows.

(2) In paragraph (4)(d) for “verification report” substitute “Verification Report” .

(3) After paragraph (5) add—

(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.

Section 14 Amendment of article 27

(1) Article 27 (approval of modification of the emissions monitoring plan) is amended as follows.

(2) For paragraph (1) substitute—

(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.

(3) In paragraph (2), after “approval” insert “by notice” .

Section 15 Amendment of article 30

Omit article 30 (calculation of emissions from the use of CORSIA eligible fuels).

Section 16 Amendment of article 31

(1) Article 31 is amended as follows.

(2) In paragraph (2) for “The Regulator must inform” substitute “The Regulator must notify the aeroplane operator of its decision and inform” .

(3) In paragraphs (6) and (7) insert “and notify the requester” at the end of each paragraph.

Section 17 Amendment of article 32

In article 32(5) (reporting of CORSIA eligible fuels), for “30” substitute “41C” .

Section 18 Amendment of article 33

(1) Article 33 (reporting to ICAO) is amended as follows.

(2) In paragraph (1) or “inform” substitute “notify”.

(3) In paragraph (2)—

(a) for “A Regulator” substitute “The Regulator” , and

(b) for “reported information deemed confidential” substitute “reported information determined to be confidential in accordance with article 31(6) or (8)” .

Section 19 Amendment of article 37

(1) Article 37 (data gaps) is amended as follows.

(2) In paragraph (4) for “between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs””, in each place it occurs, substitute “subject to offsetting requirements under article 41A” .

(3) In paragraph (6) insert “, and notify the aeroplane operator of its estimate” at the end.

(4) Omit paragraph (7).

Section 20 Amendment of article 39

In article 39(2) (reporting on improvement to the monitoring method) for “verification report”, in both places it occurs, substitute “Verification Report” .

Section 21 Amendment of article 41

In article 41(1) (electronic data exchange and use of automated systems) for “verification reports” substitute “Verification Reports” .

Section 22 Insertion of Part 3A

After article 41 (electronic data exchange and use of automated systems) insert—

CO 2 offsetting requirements from international flights and emissions reductions from the use of CORSIA eligible fuels

Offsetting

Applicability of CO 2 offsetting requirements

(41A)

(1) For the period of 1st January 2021 to 31st December 2021, the offsetting requirements of this Part apply to an aeroplane operator with international flights between States as defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs” .

(2) This Part does not apply to a new entrant aeroplane operator for three years starting in the year when it meets the requirements in articles 21(1), or until its annual CO 2 emissions exceed 0.1 per cent of total CO 2 emissions from international flights in 2020, whichever occurs earlier.

(3) The Regulator must calculate the aeroplane operator’s annual offsetting requirements based on the data reported in accordance with Part 3, the applicability requirements in this article, and the application of articles 41B and 41C.

CO 2 offsetting requirements

(41B)

(1) The Regulator must calculate, for each of the aeroplane operators administered by it, the amount of CO 2 emissions required to be offset for the period from 1st January 2021 to 31st December 2021 prior to consideration of the CORSIA eligible fuels, as follows—

where—

OR y = Aeroplane operator’s offsetting requirements in the given year y,

OE = Aeroplane operator’s CO 2 emissions calculated in accordance with article 41A(3) in the given year y, and

SGF y = Sector’s Growth Factor for the given year y.

(2) The Regulator must, upon calculating the offsetting requirements in a given year (OR y ) of each of the aeroplane operators administered by it for the purposes of this Order, inform the aeroplane operator of its offsetting requirements by notice according to the timeline set out in Schedule 1.

Emissions reductions from the use of CORSIA eligible fuels

(41C)

(1) An aeroplane operator that intends to claim for emissions reductions from the use of CORSIA eligible fuels in a given year must compute those emissions reductions as follows—

where—

ER y = Emissions reductions from the use of CORSIA eligible fuels in the given year y, in tonnes,

FCF = Fuel conversion factor,

MS f,y = Total mass of a neat CORSIA eligible fuel claimed in the given year y, in tonnes, as described in and required by Field 12(b) in Table 1 of Schedule 5,

LS f = Life cycle emissions value for a CORSIA eligible fuel, in gCO 2 e/MJ, and

LC = Baseline life cycle emissions values for aviation fuel, equal to 89 gCO 2 e/MJ for jet fuel and equal to 95 gCO 2 e/MJ for AvGas.

(2) The fuel conversion factor referred to in paragraph (1) is equal to—

(a) 3.16 (in kg CO 2 /kg fuel) for Jet-A fuel/Jet A1 fuel,

(b) 3.10 (in kg CO 2 /kg fuel) for AvGas, or

(c) 3.10 (in kg CO 2 /kg fuel) for Jet-B fuel.

(3) If a default life cycle emissions value is used, the aeroplane operator must use the ICAO document entitled “CORSIA Default Life Cycle Emissions Values for CORSIA Eligible Fuels” for the calculation in paragraph (1).

(4) If an actual life cycle emissions value is used an approved Sustainability Certification Scheme must ensure that the methodology set out in the ICAO document entitled “CORSIA Methodology for Calculating Actual Life Cycle Emissions Values” has been applied correctly.

Section 23 Amendment of article 42

In article 42(2)(c) (charges) for “emissions monitoring plan” substitute “Emissions Monitoring Plan” .

Section 24 Amendment of article 48

(1) Article 48 (warrants) is amended as follows.

(2) In paragraph (1) for “to designate” substitute “or” .

(3) In paragraph (4)(a), at the beginning, insert “in England and Wales,” .

Section 25 Amendment of article 52

In article 52(2)(b) (enforcement notices) for “emissions monitoring plan” substitute “Emissions Monitoring Plan” .

Section 26 Amendment of article 54

(1) Article 54 (penalty notices: supplementary) is amended as follows—

(2) In paragraph (2), omit “Subject to paragraph (3),”.

(3) Omit paragraph (3).

Section 27 Amendment of article 56

In article 56(1) (failure to comply with condition of emissions monitoring plan) for “aircraft operator”, in both places it occurs, substitute “aeroplane operator” .

Section 28 Amendment of article 65

(1) Article 65(2) (right of appeal) is amended as follows.

(2) In sub-paragraph (e), for “26(2)” substitute “26(6)” .

(3) After sub-paragraph (e), insert—

(ea) Article 27(2) (approval of modification of the Emissions Monitoring Plan),

(4) In sub-paragraphs (g) and (l) for “Articles” substitute “Article” .

(5) After sub-paragraph (i), insert—

(ia) Article 41B(2) (CO 2 offsetting requirements),

Section 29 Amendment of article 66

In article 66(2) (appeal body), for “Planning Appeals Commission” substitute “Planning Appeals Commissions (Northern Ireland)” .

Section 30 Amendment of article 67

For article 67(2)(c) (effect of appeals), substitute—

(c) a notice under—

(i) article 26(6) (modification of an Emissions Monitoring Plan),

(ii) article 27(2) (approval of modification of the Emissions Monitoring Plan), or

(iii) article 52(1) (enforcement notices).

Section 31 Amendment of Schedule 1

(1) Schedule 1 (administrative procedures) is amended as follows.

(2) In each of paragraph 1(2) to (6), in the introductory words before the table, for “and Regulators”, in each place it occurs, substitute “, Regulators and the Secretary of State” .

(3) In Table 1 (details of compliance timeline for 2021-2023 period), following the entry for “30th November 2022”, insert—

Section 32 Amendment of Schedule 2

(1) Schedule 2 (fuel use monitoring methods) is amended as follows.

(2) After paragraph 7(6) add—

(7) Average Fuel Burn Ratio (AFBR) based on all flights for a reporting year must be rounded to at least three decimal places.

Section 33 Amendment of Schedule 4

(1) Schedule 4 (emissions monitoring plans) is amended as follows.

(2) In paragraphs 2(b), in the two places it occurs, and in paragraph 3(b), for “air operator certificate” substitute “Air Operator Certificate” .

(3) In paragraph 2(d) for “is attributed” substitute “are attributed” .

(4) In paragraph 4—

(a) in sub-paragraph (3)(a)(v) for “.” Substitute “,”,

(b) in sub-paragraph (5) for “other than between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “which are not subject to offsetting requirements under article 41A” ,

(c) in sub-paragraph (6)(a) for “between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “which are subject to offsetting requirements under article 41A” , and

(d) in sub-paragraph (8) for “flights other than between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “not subject to offsetting requirements under article 41A” .

Section 34 Amendment of Schedule 5

(1) Schedule 5 (reporting) is amended as follows.

(2) In Table 1 (content of aeroplane operator emissions report)—

(a) in the entry for “Field 10”, in point (d) in the third column, after “AFBR” insert “(average fuel burn ratio)” ,

(b) in the entry for “Field 11”, in point (b) in the third column, for “, other than between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “not subject to offsetting requirements under article 41A” ,

(c) in the entry for “Field 12”, in point (d) in the third column, for “article 30” substitute “article 41C” , and

(d) in the entry for “Field 13”—

(i) in point (b) in the third column, for “between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “subject to offsetting requirements under article 41A” , and

(ii) in point (c) in the third column, for “flightsother than between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “flights that are not subject to offsetting requirements under article 41A” .

(3) In Table 5 (emissions report from the secretary of state to ICAO annually from and including 2021)—

(a) in the entry for “Field 1”—

(i) in point (a) in the third column, for “defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “subject to offsetting requirements, under article 41A,” , and

(ii) in point (b) in the third column, for “other than those defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”,” substitute “not subject to offsetting requirements under article 41A” ,

(b) in the entry for “Field 3” in the second column, for “defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “subject to offsetting requirements, under article 41A,” , and

(c) in the entry for “Field 4” in the second column, for “other than those defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”” substitute “not subject to offsetting requirements under article 41A” .

Section 35 Amendment of Schedule 6

(1) Schedule 6 (verification) is amended as follows.

(2) Paragraph 2 is amended as follows—

(a) in sub-paragraph (6) for “take over” substitute “take over responsibility for” ,

(b) in sub-paragraph (8) for “sub-paragraphs (11) to (16)” substitute “sub-paragraphs (10) to (13)” ,

(c) in sub-paragraph (9) for “sub-paragraph (11)” substitute “sub-paragraph (10)” ,

(d) in sub-paragraph (12)(j), at the beginning, insert “except when carrying out the verification of an Emissions Report,” , and

(e) after sub-paragraph (13) insert—

(13A) When conducting the verification of an Emissions Report, paragraphs ( 12)(a) to (i) apply.

(3) In paragraph 3(23), for “sub-paragraphs (5) to (7)” substitute “sub-paragraph (4)” .

Section 36 Amendment of Schedule 7

In Schedule 7 (appeals to Scottish Land Court), in paragraph 2(1), for “date of the decision” substitute “date of the relevant notice for appeal under article 65(1)(b) or date of deemed refusal” .

Section 37 Amendment of Schedule 8

Schedule 8 (appeals to planning appeals commissions (Northern Ireland)), in paragraph 2, for “date on which the decision of the Regulator takes effect” substitute “date of the relevant notice for appeal under article 65(1)(b) or date of deemed refusal” .