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

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.

This Order extends to the whole of the United Kingdom.

The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021^f1 is amended as follows.

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 “,”.

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

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

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

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

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

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

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

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

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

“PART 3A

CO₂ offsetting requirements from international flights and emissions reductions from the use of CORSIA eligible fuels

CHAPTER 1

Offsetting

Applicability of CO₂ 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”^f1.

(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 CO₂ emissions exceed 0.1 per cent of total CO₂ 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.

CO₂ offsetting requirements

41B.

(1)

The Regulator must calculate, for each of the aeroplane operators administered by it, the amount of CO₂ 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—

$${\mathrm{OR}}_y=\mathrm{OE}\times {\mathrm{SGF}}_y$$

where—

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

• OE = Aeroplane operator’s CO₂ emissions calculated in accordance with article 41A(3) in the given year y, and

• SGF_y = Sector’s Growth Factor^f2 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—

$${\mathrm{ER}}_y=\mathrm{FCF}\times \left[\sum _f{\mathrm{MS}}_{f,y}\times \left(1-\frac{{\mathrm{LS}}_f}{\mathrm{LC}}\right)\right]$$

^f3 

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 gCO₂e/MJ, and

• LC = Baseline life cycle emissions values for aviation fuel, equal to 89 gCO₂e/MJ for jet fuel and equal to 95 gCO₂e/MJ for AvGas.

(2)

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

(a)

3.16 (in kg CO₂/kg fuel) for Jet-A fuel/Jet A1 fuel,

(b)

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

(c)

3.10 (in kg CO₂/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”^f4 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”^f5 has been applied correctly.”.

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

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

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

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

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).”.

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”.

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”.

(This note is not part of the Order)