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

S.I. 2021/534 · Made 28 April 2021 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 20 December 2023.

Civil Aviation

Climate Change

Made 28th April 2021

Laid before Parliament 5th May 2021

Coming into force 26th May 2021

At the Court at Windsor Castle, the 28th day of April 2021

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made in exercise of the powers conferred by sections 60(2)(a), 60(3)(p) and 61 of, and Schedule 13 to, the Civil Aviation Act 1982f1.

This Order is made with the consent of the Treasury as is required under section 60(3)(p) of the Civil Aviation Act 1982.

Her Majesty, by and with the advice of Her Privy Council, orders as follows:

Annotations to the whole text

Footnotes

f1

1982 c. 16. Section 60 was amended by the Aviation and Maritime Security Act 1990 (c. 31), sections 47 and 53(2) and Schedule 4, the Airports (Northern Ireland) Order 1994 (S.I. 1994/426), article 71(4) and Schedule 10, the Statute Law (Repeals) Act 1995 (c. 44), section 1(1) and Schedule 1, Part V; the Airports Act 1986 (c. 31) section 83(5) and Schedule 6, Part II and the Civil Aviation Act 2006 (c. 34), section 8(1) and (5). Section 61 was amended by the Airports Act 1986 (c. 31), section 83(5) and Schedule 6, Part II and the Aviation (Offences) Act 2003 (c. 19), section 2. Section 102 was amended by the Air Travel Organisers’ Licensing Act 2017 (c. 33), section 2(3). Schedule 13 was amended by the Transport Act 2000 (c. 38), section 36 and Schedule 4, paragraphs 1 and 17.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Extent
  4. 3Application
  5. 4Interpretation
  6. 5Meaning of aeroplane operator
  7. 6Units
  8. Part 2: Administration
  9. Chapter 1: General
  10. 7Notification to ICAO of voluntary participation in CORSIA
  11. 8Attribution of an aeroplane operator to the United Kingdom
  12. 9Attribution of international flights to an aeroplane operator
  13. 10Meaning of Regulator
  14. 11Regulator tasks
  15. 12Record keeping
  16. 13Compliance periods and timeline
  17. 14Equivalent procedures
  18. 15The CAA
  19. Chapter 2: Aeroplane operator’s change in circumstances
  20. 16Change in aeroplane operator’s attribution to a State
  21. 17Change in aeroplane operator’s registered office within the United Kingdom
  22. Chapter 3: Applications, notices, etc.
  23. 18Submission of applications and notices to Regulators
  24. 19Determination of applications by Regulators
  25. 20Service of notices given by the Regulator
  26. Part 3: Monitoring, reporting and verification (“MRV”) of aeroplane operator annual CO2 emissions
  27. Chapter 1: General
  28. 21Applicability of MRV requirements
  29. Chapter 2: Monitoring of aeroplane operator annual CO2 emissions
  30. 22Monitoring of CO2 emissions: Eligibility of monitoring methods
  31. 23Emissions Monitoring Plan
  32. 24Issue of Emissions Monitoring Plans
  33. 25Refusal of application for Emissions Monitoring Plans
  34. 26Modification of the Emissions Monitoring Plan
  35. 27Approval of modification of the Emissions Monitoring Plan
  36. 28Calculation of CO2 emissions from aeroplane fuel use
  37. 29Monitoring of CORSIA eligible fuels claims
  38. 30Calculation of emissions from the use of CORSIA eligible fuels Repealed
  39. Chapter 3: Reporting of aeroplane operator annual CO2 emissions
  40. 31Aeroplane operator reporting
  41. 32Reporting of CORSIA eligible fuels
  42. 33Reporting to ICAO
  43. Chapter 4: Verification of CO2 emissions
  44. 34Verification body and national accreditation body
  45. 35Annual verification of an aeroplane operator’s Emissions Report
  46. 36Verification of sustainable aviation fuels
  47. Chapter 5: Data management and control
  48. 37Data gaps
  49. 38Error correction to Emissions Reports
  50. 39Reporting on improvements to the monitoring methodology
  51. 40Rounding of data
  52. 41Electronic data exchange and use of automated systems
  53. Part 3A: CO2 offsetting requirements from international flights and emissions reductions from the use of CORSIA eligible fuels
  54. Chapter 1: Offsetting
  55. 41AApplicability of CO2 offsetting requirements
  56. 41BCO2 offsetting requirements
  57. 41CEmissions reductions from the use of CORSIA eligible fuels
  58. Part 4: Charging
  59. 42Charges
  60. 43Approval, publication and revision of charges
  61. 44Remittance of charges
  62. Part 5: Compliance monitoring
  63. 45Authorised persons
  64. 46Inspections
  65. 47Powers of entry, etc.
  66. 48Warrants
  67. 49Admissible evidence
  68. 50Information notices
  69. 51Legal professional privilege
  70. Part 6: Enforcement
  71. 52Enforcement notices
  72. 53Penalty notices
  73. 54Penalty notices: supplementary
  74. 55Failure to apply or make revised application for approval of Emissions Monitoring Plan
  75. 56Failure to comply with condition of Emissions Monitoring Plan
  76. 57Failure to monitor emissions
  77. 58Failure to report emissions
  78. 59Failure to keep records
  79. 60Failure to comply with enforcement notice given by a Regulator
  80. 61Failure to comply with information notice
  81. 62Providing false or misleading information, etc.
  82. 63Inspection: refusal to allow access to premises
  83. Part 7: Appeals
  84. 64Interpretation
  85. 65Right of appeal
  86. 66Appeal body
  87. 67Effect of appeals
  88. 68Determination of appeals
  89. 69Procedure for appeals
  90. Part 8: Schedules and consequential amendments
  91. Chapter 1: Schedules
  92. 70Schedules
  93. Chapter 2: Consequential amendments
  94. 71Revocation of retained EU law
  95. Signature
  96. Schedule 1: Administrative procedures
  97. 1Compliance periods and timeline
  98. Schedule 2: Fuel use monitoring methods
  99. 1Introduction
  100. 2Fuel Use Monitoring Methods
  101. 3Method A
  102. 4Method B
  103. 5Block-off/Block-on
  104. 6Fuel Uplift
  105. 7Fuel Allocation with Block Hour
  106. Schedule 3: CO2 emissions estimation and reporting methods and tools
  107. 1Introduction to the ICAO CORSIA CO2 Estimation and Reporting Tool (CERT)
  108. 2Use of the CERT for complying with monitoring and reporting requirements
  109. Schedule 4: Emissions monitoring plans
  110. 1Content of Emissions Monitoring Plans
  111. 2Aeroplane operator identification
  112. 3Fleet and operations data
  113. 4Methods and means of calculating emissions from international flights
  114. 5Data management, data flow and control
  115. Schedule 5: Reporting
  116. 1Introduction
  117. 2Content of Emissions Report from aeroplane operator to the Regulator
  118. 3Content of reports from the Secretary of State to ICAO
  119. Schedule 6: Verification
  120. 1Introduction
  121. 2Verification body
  122. 3Verification of Emissions Report
  123. Schedule 7: Appeals to Scottish Land Court
  124. 1Paragraph 1
  125. 2Paragraph 2
  126. 3Paragraph 3
  127. 4Paragraph 4
  128. Schedule 8: Appeals to Planning Appeals Commission (Northern Ireland)
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. Explanatory note