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

Data gaps

37.—(1) An aeroplane operator using a Fuel Use Monitoring Method, as described in Schedule 2, must fill data gaps using the CERT, as described in Schedule 3, provided that the data gaps during a compliance period do not exceed the following thresholds—

(a) 2019-2020 period: 5 per cent of international flights;

(b) 2021-2035 period: 5 per cent of international flights between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs”(1).

(2) The aeroplane operator must correct issues identified with the data and information management system in a timely manner to mitigate ongoing data gaps and system weaknesses.

(3) If the aeroplane operator realises it has data gaps and system weaknesses that exceed the threshold in paragraph (1), it must engage with the Regulator to take remedial action to address this.

(4) When the threshold is exceeded, the aeroplane operator must state the percentage of international flights for the 2019-2020 period, or flights between State Pairs defined in the ICAO document entitled “CORSIA States for Chapter 3 State Pairs” for the 2021-2035 period, that had data gaps, and provide an explanation to the Regulator in its annual Emissions Report.

(5) The aeroplane operator must fill all data gaps and correct systematic errors and misstatements prior to the submission of the Emissions Report.

(6) If an aeroplane operator does not provide its annual Emissions Report in accordance with the timeline set out in Schedule 1, the Regulator must engage with the aeroplane operator to obtain the necessary information. If this proves unsuccessful, the Regulator must estimate the aeroplane operator’s annual emissions using the best available information and tools, such as the CERT as described in Schedule 3.

(7) If the Regulator does not provide its annual aggregated Emissions Report for the purposes of reporting to ICAO in accordance with the timeline set out in Schedule 1, the data provided by ICAO must be used to fill these gaps and calculate the total sectoral CO₂ emissions in a given year and the Sectoral Growth Factor.

(1)

“CORSIA States for Chapter 3 State Pairs” is available from the ICAO website at www.icao.int. For a hard copy contact the ICAO E-Commerce and Publications Sales Unit at International Civil Aviation Organisation (ICAO), 999 Robert-Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada (telephone [phone] and e-mail [e-mail]).