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

CHAPTER 5 U.K. Data management and control

Data gaps U.K.

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[F1 ,]

(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 [F2 subject to offsetting requirements under article 41A] 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 [F3 , and notify the aeroplane operator of its estimate].

F4 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 37: comma substituted for semicolon (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 4

F2 Words in art. 37(4) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 19(2)

F3 Words in art. 37(6) inserted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 19(3)

F4 Art. 37(7) omitted (9.11.2022) by virtue of The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 19(4)

Commencement Information

I1 Art. 37 in force at 26.5.2021, see art. 1

Error correction to Emissions Reports U.K.

38.—(1) If an error in an aeroplane operator’s reported emissions is identified by the Regulator, the verification body or the aeroplane operator after the reported CO₂ emissions have been submitted to ICAO in accordance with the timeline set out in Schedule 1, the Regulator must update the reported CO₂ emissions to address the error.

(2) The Regulator must assess any implications with respect to the aeroplane operator’s offsetting requirements in previous years and, if necessary, make an adjustment to compensate for the error during the compliance period in which the error has been identified.

(3) A Regulator must report to the Secretary of State any error in an aeroplane operator’s CO₂ emissions and the follow-up result of the related adjustment.

(4) The Secretary of State must report an error in an aeroplane operator’s CO₂ emissions and the follow-up result of the related adjustment to ICAO.

Commencement Information

I2 Art. 38 in force at 26.5.2021, see art. 1

Reporting on improvements to the monitoring methodology U.K.

39.—(1) An aeroplane operator must regularly check whether the monitoring methodology applied can be improved.

(2) Where the [F5 Verification Report] states outstanding non-conformities, the aeroplane operator must submit to the Regulator for approval a report on improvements by 30th June of the year in which that [F5 Verification Report] is issued by the verification body. That report on improvements must describe how and when the aeroplane operator has rectified, or plans to rectify, the non-conformities identified by the verification body and to implement recommended improvements.

(3) The Regulator may set an alternative date for submission of the report on improvements as referred to in paragraph (2), but no later date than 30th September in the same year. Where applicable, such report on improvements may be combined with the report referred to in paragraph (2).

(4) Where recommended improvements would not lead to an improvement of the monitoring methodology, the aeroplane operator must provide a justification for why that is the case. Where the recommended improvements would incur unreasonable costs, the aeroplane operator must provide evidence of the unreasonable nature of the costs.

(5) Paragraphs (2) to (4) do not apply where an aeroplane operator has already resolved all non-conformities and recommendations for improvement and has submitted related modifications of the Emissions Monitoring Plan to the Regulator for approval in accordance with article 26 before the date set in paragraph (2), subject to the alternative date set in paragraph (3).

Textual Amendments

F5 Words in art. 39(2) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 20

Commencement Information

I3 Art. 39 in force at 26.5.2021, see art. 1

Rounding of data U.K.

40.—(1) Total annual emissions must be reported as tonnes of CO₂ rounded to the nearest whole number.

(2) Unless otherwise provided in this Order, all variables used to calculate the emissions must be rounded to the nearest whole number for the purpose of calculating and reporting emissions.

Commencement Information

I4 Art. 40 in force at 26.5.2021, see art. 1

Electronic data exchange and use of automated systems U.K.

41.—(1) The Regulator may require verification bodies to use electronic templates or specific file formats for [F6 Verification Reports].

(2) Standardised electronic templates or file format specifications may be made available for further types of communication between the aeroplane operator, Regulator, verification bodies and national accreditation body.

Textual Amendments

F6 Words in art. 41(1) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 21

Commencement Information

I5 Art. 41 in force at 26.5.2021, see art. 1

(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]).