ANAC publishes resolution regulating the monitoring and offsetting of carbon dioxide emissions under CORSIA

The new rule deals with the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), a program of the International Civil Aviation Organization (ICAO) that promotes the reduction and offsetting of CO₂ emissions from international flights.The respective regulation establishes the duty to monitor CO₂ emissions, when there are emissions of exceeding 10,000 (ten thousand) tons of CO₂ , calculated over a calendar year, for flights using fixed-wing aircraft with a maximum take-off weight of 5,700kg. This monitoring will begin on January 1st of the following year in which the operator exceeded the established amount of emissions.

In addition, monitoring must be carried out in accordance with the Emissions Monitoring Plan drawn up by the air operator and approved by ANAC.

In order to account for CO₂ emissions, three-compliance-year cycles have been established between 2024 and 2035, within which the quantities of CO₂ will be calculated and consolidated for compensation purposes.

Those subject to monitoring must submit an Emissions Report accompanied by a Verification Report to ANAC every year by April 30 of the year immediately following the monitoring.

The resolution also provides for the imposition of fines ranging from R$25,000.00 to R$120,000.00, and R$50.00 per ton of CO₂  not offset in the case of “failing to cancel all of the final offsetting obligations for a compliance period in accordance with the standards established in this Resolution“. It should be noted that the imposition of a fine does not exempt compliance with offsetting obligations, nor does it extinguish the obligation that has not been complied with.

Finally, previous Resolutions No. 496/2018 and No. 558/2020 dealing with the issue were repealed.