Air Navigation (Carbon Emissions and Reporting) Regulations 2022

No. S 997

Air Navigation Act 1966

Air Navigation
(Carbon Emissions and Reporting)
Regulations 2022

In exercise of the powers conferred by section 9 of the Air Navigation Act 1966, the Civil Aviation Authority of Singapore, with the approval of the Minister for Transport, makes the following Regulations:

PART 1

PRELIMINARY

Citation and commencement

1.  These Regulations are the Air Navigation (Carbon Emissions and Reporting) Regulations 2022 and come into operation on 1 January 2023.

Definitions

2.  Any term in these Regulations that is defined in the First Schedule to the Air Navigation (91 — General Operating Rules) Regulations 2018 (G.N. No. S 441/2018) has the meaning given to that term in that Schedule unless the term is otherwise defined in the First Schedule to these Regulations.

Application of these Regulations

3.  These Regulations apply to every Singapore operator.

PART 2

REGISTRATION OF SINGAPORE OPERATORS

Obligation to apply to register Singapore operator

4.—(1)  Subject to paragraph (2), a Singapore operator must apply to the Director‑General of Civil Aviation to be registered as a registered Singapore operator if the Singapore operator operates, on or after 1 January 2019, at least one defined aeroplane for any international flight —

(a) attributed to the Singapore operator; and

(b) for the purpose of commercial air transport, aerial work or complex general aviation, as the case may be (called in these Regulations a defined international flight).

(2)  However, the following international flights must not be counted for the purposes of paragraph (1):

(a) an international flight conducted —

(i) to combat the effects of any emergency;

(ii) to provide emergency medical assistance for casualties or survivors;

(iii) to provide a life critical medical emergency evacuation; and

(iv) to fight a fire;

(b) an international flight preceding or following any international flight conducted for any purpose specified in sub‑paragraph (a)(i), (ii), (iii) or (iv) if —

(i) the flight was conducted with the same aeroplane as the second‑mentioned flight; and

(ii) the flight was required to accomplish the same purposes as the second‑mentioned flight or to reposition thereafter the aeroplane for its next activity;

(c) an international flight that is engaged in a diplomatic or consular mission.

Applications for registration

5.—(1)  An application under regulation 4 to be registered as a registered Singapore operator must —

(a) be made within 7 days after the first operation, on or after the date of commencement of these Regulations, of any defined aeroplane for any defined international flight attributable to the applicant; and

(b) be accompanied by the following information:

(i) the name and address of the applicant and the applicant’s representative, if any;

(ii) the aircraft types operated by the applicant for the purpose of commercial air transport, aerial work or complex general aviation, as the case may be;

(iii) details of the relationship between the applicant and any other Singapore operators in terms of equity interests and voting control, regardless of registration or otherwise of the other Singapore operators as a registered Singapore operator;

(iv) details of the defined international flights mentioned in sub‑paragraph (a) that were operated or to be operated by the applicant per aerodrome pair for the purpose of commercial air transport, aerial work or complex general aviation, as the case may be;

(v) any other information that the Director‑General of Civil Aviation may require to assess the application.

(2)  Upon receiving a complete application made in accordance with this regulation, the Director‑General of Civil Aviation must register the Singapore operator as a registered Singapore operator to which the application relates.

(3)  A registration of a Singapore operator under this regulation is in force starting on the date of registration, until deregistration under regulation 7 of the Singapore operator.

Application to deregister as registered Singapore operator

6.—(1)  A registered Singapore operator may apply to the Director‑General of Civil Aviation to be deregistered as such.

(2)  An application to deregister must be accompanied by the following information:

(a) the name and address of the applicant and the applicant’s representative, if any;

(b) a signed statement from the chief executive or equivalent of the applicant, stating that —

(i) the applicant no longer operates any defined aeroplane for any defined international flight attributable to the applicant; and

(ii) the applicant has discharged all obligations and liabilities under these Regulations (whether under Part 3 or 4) that the applicant acquired or incurred, or accrued to the applicant, as a registered Singapore operator;

(c) any other information that the Director‑General of Civil Aviation may require to assess the application.

(3)  The Director‑General of Civil Aviation may refuse to accept any application to deregister that is incomplete or not made in accordance with paragraph (2).

Deregistration

7.—(1)  Upon receiving a complete application made in accordance with regulation 6, the Director-General of Civil Aviation may deregister a registered Singapore operator if he or she is satisfied that the registered Singapore operator —

(a) no longer operates any defined aeroplane for any defined international flight attributable to that Singapore operator; and

(b) has discharged all obligations and liabilities under these Regulations (whether under Part 3 or 4) that the Singapore operator acquired or incurred, or accrued to the Singapore operator, as a registered Singapore operator.

(2)  The operation by a registered Singapore operator of any defined aeroplane for any international flight mentioned in regulation 4(2) must be disregarded for the purposes of paragraph (1)(a).

PART 3

REPORTING BY PRIMARY REGISTERED SINGAPORE OPERATORS

Division 1 — Preliminary

Reporting period for primary registered Singapore operator

8.  In this Part, “reporting period”, for a primary registered Singapore operator, means each of the following periods:

(a) the whole year of the year in which the registered Singapore operator first becomes a primary registered Singapore operator;

(b) each whole year subsequent to the year in paragraph (a) but before the year in paragraph (c);

(c) where the primary registered Singapore operator is deregistered as a registered Singapore operator, from 1 January of that year in which the deregistration takes place up to and including the day immediately before the deregistration takes effect.

Primary registered Singapore operator

9.—(1)  For the purposes of these Regulations, a registered Singapore operator becomes a primary registered Singapore operator immediately when in any year, the total CO₂ emissions produced by the registered Singapore operator from the operation of any defined aeroplane for any defined international flight attributable to the Singapore operator exceeds 10,000 tonnes.

(2)  For the purposes of these Regulations, where in any year the total CO₂ emissions produced by a primary registered Singapore operator from the operation of any defined aeroplane for any defined international flight attributable to the Singapore operator is 10,000 tonnes or lower, the registered Singapore operator —

(a) ceases to be a primary registered Singapore operator; and

(b) becomes a secondary registered Singapore operator,

immediately after the end of that year.

(3)  To avoid doubt, any registered Singapore operator that ceases to be a primary registered Singapore operator under paragraph (2) may become a primary registered Singapore operator again under paragraph (1).

Division 2 — Emissions reporting and verification

Enhanced emissions reports

10.—(1)  A primary registered Singapore operator must prepare and submit, within the time delimited in paragraph (3), to the Director‑General of Civil Aviation, an enhanced emissions report for each reporting period relating to the total CO₂ emissions from the operation by the primary registered Singapore operator of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator.

(2)  For the purposes of paragraph (1), the first reporting period is —

(a) where the primary registered Singapore operator is a new entrant — the year immediately after the year in which the Singapore operator first becomes a primary registered Singapore operator; and

(b) in any other case — the year in which the Singapore operator first becomes a primary registered Singapore operator.

(3)  Every enhanced emissions report must be submitted to the Director‑General of Civil Aviation no later than 30 April (or any later date as the Director‑General of Civil Aviation may in any particular case allow) of the year immediately following the end of the reporting period to which the enhanced emissions report relates.

(4)  An enhanced emissions report must —

(a) contain all information specified in the Third Schedule; and

(b) if the primary registered Singapore operator is a single Singapore operator mentioned in regulation 30(1) — set out a breakdown of the CO₂ emissions of the parent primary Singapore operator and each wholly‑owned subsidiary.

Enhanced emissions report must be verified, etc.

11.—(1)  Every enhanced emissions report submitted under regulation 10 to the Director-General of Civil Aviation must be —

(a) verified by a verification body appointed by the primary registered Singapore operator; and

(b) accompanied by a report by the verification body of its verification.

(2)  A primary registered Singapore operator must not appoint a person as a verification body unless that person meets the requirements specified by the Director‑General of Civil Aviation in the Aviation Specifications 3 — Verification Body.

(3)  For the purposes of paragraph (1)(a), the verification body must —

(a) conduct the verification in accordance with the requirements specified by the Director-General of Civil Aviation in the Aviation Specifications 3 — Verification Body; and

(b) issue a verification report on the verification.

(4)  The verification body must separately submit a copy of the verification report, and the verified enhanced emissions report, to the Director‑General of Civil Aviation no later than 30 April (or any later date as the Director‑General of Civil Aviation may in any particular case allow) of the year immediately following the end of the reporting period to which the verified enhanced emissions report relates.

Accuracy of enhanced emissions report

12.—(1)  Where a primary registered Singapore operator discovers any error or omission in a record of fuel use mentioned in regulation 15(1), or in its information management system containing the record of fuel use, the primary registered Singapore operator must take steps to rectify the error or omission discovered in a timely manner.

(2)  Subject to paragraph (3), a primary registered Singapore operator using a fuel use monitoring method specified by the Director‑General of Civil Aviation in Part 1 of the Aviation Specifications 4 — Fuel Use Monitoring Methods for the purposes of regulation 15(1) must use the ICAO CORSIA CERT specified in Part 2 of the Aviation Specifications 4 — Fuel Use Monitoring Methods to rectify any error or omission in a record of fuel use mentioned in that regulation.

(3)  If the errors or omissions in a record of fuel use mentioned in regulation 15(1) represent the fuel use of more than 5% of all defined international flights attributable to the primary registered Singapore operator mentioned in paragraph (2) and operated, in a reporting period, by the primary registered Singapore operator using any defined aeroplane, then —

(a) paragraph (2) does not apply to the primary registered Singapore operator; and

(b) the primary registered Singapore operator must —

(i) in the enhanced emissions report submitted under regulation 10 to the Director‑General of Civil Aviation —

(A) inform the Director‑General of Civil Aviation of the extent of those errors or omissions; and

(B) provide an explanation for those errors and omissions; and

(ii) in consultation with the Director‑General of Civil Aviation, take remedial action to improve on the accuracy and completeness of the record of fuel use as soon as practicable.

Division 3 — Emissions monitoring

Emissions monitoring plan

13.—(1)  A primary registered Singapore operator must prepare and submit, within the time delimited in paragraph (2), to the Director‑General of Civil Aviation, an emissions monitoring plan setting out the basis on which the primary registered Singapore operator ensures the quality of the data required for the computations necessary for its enhanced emissions report under regulation 10.

(2)  A primary registered Singapore operator must submit the emissions monitoring plan mentioned in paragraph (1) to the Director‑General of Civil Aviation for the Director‑General of Civil Aviation’s approval by the following applicable times:

(a) where the submission is of an emissions monitoring plan that has not been revised under regulation 14 —

(i) in the case of a primary registered Singapore operator who is a new entrant — within 2 months (or any longer period as the Director‑General of Civil Aviation may in any particular case allow) after the end of the month in which the Singapore operator becomes a primary registered Singapore operator; and

(ii) in any other case — within 1 month (or any longer period as the Director‑General of Civil Aviation may in any particular case allow) after the end of the month in which the Singapore operator becomes a primary registered Singapore operator;

(b) where the submission is of an emissions monitoring plan that is being revised under regulation 14 for a material change — within 1 month (or any longer period as the Director‑General of Civil Aviation may in any particular case allow) after the change occurred.

(3)  An emissions monitoring plan must contain all information specified in the Second Schedule.

(4)  After reviewing the emissions monitoring plan mentioned in paragraph (1), the Director‑General of Civil Aviation may —

(a) approve the emissions monitoring plan subject to any conditions that the Director-General of Civil Aviation may impose; or

(b) in respect of any incomplete or inaccurate emissions monitoring plan — direct the primary registered Singapore operator in writing to resubmit the emissions monitoring plan within the time period specified in the direction or such longer time as the Director‑General of Civil Aviation may allow in any particular case.

Revision of approved emissions monitoring plan, etc.

14.—(1)  A primary registered Singapore operator must revise its approved emissions monitoring plan if there is any material change in any of the matters set out in the approved emissions monitoring plan.

(2)  A primary registered Singapore operator must notify the Director‑General of Civil Aviation of any change in any of the matters in Part 1 of the Second Schedule as set out in its approved emissions monitoring plan, whether or not the change is a material change.

(3)  In this regulation, “material change”, relating to any matter set out in an approved emissions monitoring plan, means any of the following:

(a) any change that may affect the status of the primary registered Singapore operator as such;

(b) any change that may result in the primary registered Singapore operator being ineligible to use the applicable monitoring method, or otherwise affect the decision by the Director‑General of Civil Aviation on whether the primary registered Singapore operator’s approach to emissions monitoring or fuel use monitoring complies with these Regulations.

Monitoring of fuel use by primary registered Singapore operators

15.—(1)  Subject to paragraph (3), a primary registered Singapore operator must monitor and record its fuel use from the operation, during each reporting period, of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator, the monitoring and recording for which must be in accordance with the applicable monitoring method specified in its approved emissions monitoring plan.

(2)  A primary registered Singapore operator without an approved emissions monitoring plan before the start of a reporting period may first monitor and record its fuel use from the operation, during the reporting period, of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator, in the following manner until it obtains the approval of the Director‑General of Civil Authority under regulation 13(4) for its emissions monitoring plan:

(a) if the primary registered Singapore operator has submitted an emissions monitoring plan under that regulation (called in this sub‑paragraph a draft emissions monitoring plan) but has not obtained an approved emissions monitoring plan — in accordance with the applicable monitoring method specified in the draft emissions monitoring plan;

(b) if the primary registered Singapore operator has not submitted an emissions monitoring plan under that regulation — in accordance with an applicable monitoring method that the primary registered Singapore operator has chosen.

(3)  For the purposes of paragraph (1), unless the Director‑General of Civil Aviation otherwise requires, the applicable monitoring method is —

(a) for a primary registered Singapore operator whose total CO₂ emissions produced from the operation, in a reporting period, of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator, is 50,000 tonnes or more — a fuel use monitoring method specified by the Director‑General of Civil Aviation in Part 1 of the Aviation Specifications 4 — Fuel Use Monitoring Methods; or

(b) for a primary registered Singapore operator whose total CO₂ emissions produced from the operation, in a reporting period, of any defined aeroplane for a defined international flight attributable to the primary registered Singapore operator is less than 50,000 tonnes — either of the following monitoring methods:

(i) a fuel use monitoring method specified in Part 1 of the Aviation Specifications 4 — Fuel Use Monitoring Methods;

(ii) the ICAO CORSIA CERT specified in Part 2 of the Aviation Specifications 4 — Fuel Use Monitoring Methods.

(4)  Despite paragraph (3)(a), if the total CO₂ emissions of the primary registered Singapore operator mentioned in that paragraph decreases below 50,000 tonnes for each of 2 consecutive years, the primary registered Singapore operator —

(a) may use the ICAO CORSIA CERT to monitor and record its fuel use from the operation, during the second reporting period immediately following (called in this paragraph the relevant year), of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator; but

(b) must submit a revised emissions monitoring plan no later than 30 September in the year immediately before the relevant year if the Singapore operator does so.

(5)  Despite paragraph (3)(b), if the total CO₂ emissions of the primary registered Singapore operator mentioned in that paragraph increases to 50,000 tonnes or more in each of 2 consecutive years, and the primary registered Singapore operator has been monitoring its fuel use from the operation, during those years, of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator, using the ICAO CORSIA CERT, the primary registered Singapore operator must —

(a) submit a revised emissions monitoring plan no later than 30 September in the year immediately following (called in this paragraph the relevant year) specifying the use of a fuel use monitoring method specified by the Director‑General of Civil Aviation in Part 1 of the Aviation Specifications 4 — Fuel Use Monitoring Methods; and

(b) use that fuel use monitoring method to monitor and record its fuel use from the operation, during the reporting period immediately following the relevant year, of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator.

Monitoring of fuel density

16.—(1)  Where the amount of fuel uplift is determined in units of volume, the primary registered Singapore operator must apply a fuel density value to calculate fuel mass.

(2)  The primary registered Singapore operator must keep and maintain a record of the fuel density mentioned in paragraph (1) in a technical log.

(3)  The fuel density mentioned in paragraph (1) may be an actual value or a standard value of 0.8 kg per litre.

Method to determine emissions

17.  A primary registered Singapore operator using a fuel use monitoring method specified by the Director‑General of Civil Aviation in Part 1 of the Aviation Specifications 4 — Fuel Use Monitoring Methods for the purpose of regulation 15(1) must calculate its CO₂ emissions produced from the operation by the primary registered Singapore operator, during each reporting period, of any defined aeroplane for any defined international flight attributable to the primary registered Singapore operator, based on its fuel use recorded under regulation 15(1) in accordance with the formula specified in the Aviation Specifications 4 — Fuel Use Monitoring Methods.

Division 4 — Miscellaneous

Records to be kept

18.—(1)  A primary registered Singapore operator must keep and maintain complete and accurate records of all enhanced emissions reports, and their supporting documents, submitted to the Director‑General of Civil Aviation.

(2)  The records mentioned in paragraph (1) must be kept for at least 10 years after —

(a) where the record relates to a document in paragraph (1) —

(i) the date of the document; or

(ii) where the document is not dated, the date on which the document containing the information in question was received by the primary registered Singapore operator; or

(b) the date on which the record is made by the primary registered Singapore operator.

(3)  The primary registered Singapore operator may keep and maintain the records mentioned in paragraph (1) in electronic form.

 

Made on 14 December 2022.

EDMUND CHENG WAI WING

Chairperson,
Civil Aviation Authority of Singapore.

[LE/LGN/A1.8; AG/LEGIS/SL/6/2015/15 Vol. 3]

(To be presented to Parliament under section 9(9) of the Air Navigation Act 1966).