Commission Implementing Regulation (EU) 2024/2493 of 23 September 2024 amending Implementing Regulation (EU) 2018/2066 as regards updating the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council

1. When using a measurement-based methodology for determining the quantity of CO2 transferred from one installation or CO2 transport infrastructure to another, the operator shall apply the highest tier as defined in Section 1 of Annex VIII to this Regulation.

However, the operator may apply the next lower tier provided that it establishes that applying the highest tier as defined in Section 1 of Annex VIII to this Regulation is technically not feasible or incurs unreasonable costs.’

;

• (c) paragraphs 6 and 7 are inserted:

‘6.   In the case of the transfer of CO2 to a capture installation resulting from materials or fuels containing a fraction of zero-rated carbon, the transferring installation shall only subtract from its reported emissions in accordance with paragraph 1 of this Article the quantity of CO2 proportional to the fraction of carbon that does not originate from zero-rated carbon.

An operator of a CO2 transport infrastructure or a storage site shall monitor emissions from leakage events, fugitive emissions and vented emissions from any CO2 mentioned in the first sub-paragraph, including from CO2 stemming from entities not carrying out activities listed in Annex I to Directive 2003/87/EC, and report emissions as if the CO2 were fossil.

1. The operator of a CO2 transport infrastructure may include in the emissions reported in a given reporting period, any CO2 in transit that has been transferred to another installation or CO2 transport infrastructure no later than 31 January of the following year. The operator shall compile annually an inventory of the CO2 entering and leaving the CO2 transport infrastructure and report separately any CO2 in transit.’

;

• (26) the following Article 49a is inserted:

‘Article 49a

Emissions permanently chemically bound in a product

1. The operator shall subtract from the emissions of the installation any amount of CO2 originating from non-zero-rated carbon in activities covered by Annex I to Directive 2003/87/EC that is not emitted from the installation, but permanently chemically bound in a product listed in the Delegated Regulation adopted pursuant to Article 12(3b) of Directive 2003/87/EC.

In the case of CO2 resulting from materials or fuels containing a fraction of zero-rated carbon, the operator shall only subtract from the emissions of the installation the quantity of CO2 permanently chemically bound in a product listed in the Delegated Regulation adopted pursuant to Article 12(3b) of Directive 2003/87/EC proportional to the fraction of carbon that does not originate from zero-rated carbon.

1. For the determination of the quantity of CO2 bound in a product meeting the specifications set out in paragraph 1, the operator shall either apply the standard methodology in accordance with Sections 2 and 4 of Annex II to this Regulation, or apply a mass balance in accordance with Article 25 of this Regulation using the fuels and materials entering and leaving the process in which the CO2 is chemically bound as the relevant source streams for this calculation, while taking into account any combustion emissions related to the process. To this end, the highest tier as defined in Annex II to this Regulation shall be applied as specified in the same Annex for the activity the CO2 arises from. However, the operator may apply the next lower tier provided that the operator demonstrates to the satisfaction of the competent authority that applying the highest tier as defined in Annex II to this Regulation is technically not feasible or incurs unreasonable costs.’

;

• (27) the title to Chapter IV is replaced by the following:

‘ MONITORING OF EMISSIONS AND NON-CO2 EFFECTS FROM AVIATION ’;

• (28) Article 51 is amended as follows:

• (a) in paragraph 1, the first subparagraph is replaced by the following:

‘1.   Each aircraft operator shall monitor and report emissions and non-CO2 aviation effects from aviation activities for all flights included in Annex I to Directive 2003/87/EC that are performed by that aircraft operator during the reporting period and for which the aircraft operator is responsible.’

;

• (b) Paragraph 3 is replaced by the following:

‘3.   For the purpose of identifying the unique aircraft operator referred to in point (o) of Article 3 of Directive 2003/87/EC that is responsible for a flight, the call sign used for air traffic control purposes as laid down in item 7 of the flight plan, shall be used. The call sign shall determine the aircraft operator as follows:

• (a) where the item 7 contains the ICAO designator for the aircraft operating agency, the unique aircraft operator shall be the aircraft operating agency that has been assigned that ICAO designator;

• (b) where the item 7 contains the nationality or common mark, and registration mark of the aircraft that is explicitly listed in an air operator certificate (or equivalent) or in a document issued by a State and identifying the operator of the aircraft, then the unique aircraft operator shall be the legal or natural person that holds that air operator certificate (or equivalent) or that is stated in the document.’

;

• (c) the following paragraph 3a is inserted:

‘3a.   Where the unique aircraft operator cannot be identified using the call sign as referred to in paragraph 3, the unique aircraft operator referred to in point (o) of Article 3 of Directive 2003/87/EC that is responsible for a flight, is the legal or natural person that has an employment or other contractual relationship with the captain of the flight.’

;

• (29) In Article 52(1), the first two subparagraphs are replaced by the following:

‘1.   At the latest four months before an aircraft operator commences aviation activities covered by Annex I to Directive 2003/87/EC, it shall submit to the competent authority a monitoring plan for the monitoring and reporting of emissions and non-CO2 aviation effects in accordance with Article 12 of this Regulation.

By way of derogation from the first subparagraph, an aircraft operator that performs an aviation activity covered by Annex I to Directive 2003/87/EC, or monitors and reports non-CO2 aviation effects, for the first time that could not be foreseen four months in advance of the activity shall submit a monitoring plan to the competent authority without undue delay, but no later than six weeks after performance of that activity. The aircraft operator shall provide adequate justification to the competent authority why a monitoring plan could not be submitted four months in advance of the activity.’

;

• (30) Article 53 is amended as follows:

• (a) paragraph 1 is replaced by the following:

‘1.   Each aircraft operator shall determine the annual CO2 emissions from aviation activities by multiplying the annual consumption of each neat fuel (expressed in tonnes) by the respective emission factor.

For mixed aviation fuels, the aircraft operator shall determine the theoretical amount of each neat fuel from the total amount of that mixed aviation fuel and relevant composition data by applying the following:

• (i) where a fuel contains biomass, the aircraft operator shall determine the biomass fraction in accordance with Article 54;

• (ii) where a fuel contains an RFNBO, RCF or synthetic low-carbon fuel, the aircraft operator shall determine the RFNBO or RCF fraction or the synthetic low-carbon fraction in accordance with Article 54b;

• (iii) where the RFNBO or RCF fraction or synthetic low-carbon fraction is not zero and where the aircraft operator wants to make use of zero-rating, the aircraft operator shall determine the zero-rated RFNBO or RCF fraction or the zero-rated synthetic low-carbon fraction in accordance with Article 54c;

• (iv) where the zero-rated biomass fraction, the zero-rated RFNBO or RCF fraction or the zero-rated synthetic low-carbon fraction are not zero, the aircraft operator shall calculate the zero-rated fraction as the sum of zero-rated biomass fraction, zero-rated RFNBO or RCF fraction and zero-rated synthetic low-carbon fraction. The fossil fraction is the sum of all non-zero-rated fractions.

• (v) the aircraft operator shall calculate the amount of each neat fuel as total amount of the mixed aviation fuel multiplied by the relevant fraction.

For the purpose of point (iv) of this paragraph, where the aircraft operator does not calculate the zero-rated fraction, the fossil fraction shall be 100 %.’

;

• (b) the following paragraphs 1a and 1b are inserted:

‘1a.   By way of derogation from paragraph 1, for the purpose of assessing emissions thresholds set out in Articles 55(1) and 55(2) of this Regulation, in Article 28a(4) of Directive 2003/87/EC and in the entry ‘Aviation’ of the table in Annex I to Directive 2003/87/EC, the aircraft operator shall determine the CO2 emissions by multiplying the annual consumption of each fuel by its preliminary emissions factor.

1b.   For the purpose of reporting pursuant to Article 3 of Commission Delegated Regulation (EU) 2019/1603¹, the aircraft operator shall determine and report the emissions which result from multiplying the annual consumption of each fuel by its preliminary emission factor.

• (c) in paragraph 6, the last subparagraph is replaced by:

‘For alternative aviation fuels other than biofuels, RFNBO, RCF or synthetic low-carbon fuels, the aircraft operator shall determine the emission factor in accordance with Article 32 of this Regulation. For such fuels, the net calorific value shall be determined and reported as a memo-item.’

• (31) the following Article 53a is inserted:

‘Article 53a

Reporting rules for the use of alternative aviation fuels

1. The aircraft operator shall monitor the amount of alternative aviation fuels used and report that amount as attributed to each flight or aerodrome pair.

1. Where the alternative aviation fuels are delivered to the aircraft in physically identifiable batches, the aircraft operator shall provide evidence to the satisfaction of the competent authority that the alternative aviation fuel is attributed to the flight immediately following the fuel uplift of that flight.

Where several subsequent flights are carried out without fuel uplift between these flights, the aircraft operator shall split the amount of the alternative fuel and assign it to these flights proportionally to the emissions from those flights calculated using the preliminary emission factor.

1. Where alternative aviation fuels cannot be physically attributed at an aerodrome to a specific flight, the aircraft operator shall attribute the fuel to its flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC proportionally to the emissions from those flights departing from that aerodrome calculated using the preliminary emission factor.

In this regard, the aircraft operator must provide evidence to the satisfaction of the competent authority that the alternative aviation fuel was delivered to the fuelling system of the departure aerodrome in the reporting period, or 3 months before the start, or 3 months after the end, of that reporting period.

1. For the purpose of paragraphs 2 and 3, the aircraft operator shall provide evidence to the satisfaction of the competent authority that:

• (i) the total amount of alternative aviation fuel claimed does not exceed the total fuel usage of that aircraft operator for flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC, originating from the aerodrome at which the alternative aviation fuel is supplied;

• (ii) the amount of alternative aviation fuel for flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC does not exceed the total quantity of alternative aviation fuel purchased from which the total quantity of alternative aviation fuels sold to third parties is subtracted;

• (iii) the ratio between alternative aviation fuels and fossil fuels attributed to flights aggregated per aerodrome pair does not exceed the maximum blending limit for that fuel type as certified according to a recognised international standard;

• (iv) there is no double counting of the same quantity of alternative aviation fuel, in particular that the alternative aviation fuel purchased is not claimed to be used in an earlier report or by another aircraft operator, or in another carbon pricing system.

For the purpose of points (i) to (iii), any fuel remaining in tanks after a flight and before an uplift is assumed to be 100 % fossil fuel.

For the purpose of demonstrating compliance with the requirements referred to under point (iv), the aircraft operator may use the data recorded in the Union database set up in accordance with Article 31a of Directive (EU) 2018/2001 or a national database set up by the Member State in accordance with Article 31a(5) of that Directive.’

;

• (32) Articles 54 and 54a are replaced by the following:

‘Article 54

Determining the biomass fraction for biofuels

1. The aircraft operator shall determine the biomass fraction of mixed aviation fuels containing biofuels. The aircraft operator may either assume the absence of biofuel and apply a default fossil fraction of 100 % or determine a biofuel fraction in accordance with paragraphs 2 or 3. The aircraft operator shall use a default value of 100 % biomass fraction for neat biofuels.

By way of derogation from the first subparagraph, the aircraft operator using mixed aviation fuels containing biofuels may choose to monitor the biofuel content and fossil aviation fuel content as separate source streams if the evidence provided by the fuel suppliers allows such approach.

1. Where biofuels are physically mixed with fossil fuels and delivered to the aircraft in physically identifiable batches, the aircraft operator may carry out analyses in accordance with Articles 32 to 35 to determine the biomass fraction, on the basis of a relevant standard and the analytical methods set out in those Articles, provided that the use of that standard and those analytical methods is approved by the competent authority. Where the aircraft operator provides evidence to the competent authority that such analyses would incur unreasonable costs or are technically not feasible, the aircraft operator may base the estimation of the biofuel content on a material balance of blending fossil fuels and biofuels purchased. If the biomass fraction was determined using the mass balance pursuant to Article 30(1) of Directive (EU) 2018/2001, no evidence for unreasonable costs or technical feasibility shall be required.

1. Where purchased biofuel batches are not physically delivered to a specific aircraft, the aircraft operator shall not use analyses to determine the biomass fraction of the fuels used. The aircraft operator may determine the biomass fraction using purchase records of biofuel of equivalent energy content.

Article 54a

Specific provisions for eligible aviation fuels

1. For the purpose of Article 3c(6) of Directive 2003/87/EC, the commercial aircraft operator shall establish, document, implement and maintain a written procedure in order to monitor any amounts of neat eligible aviation fuel (in tonnes) used for subsonic flights, and shall report the amounts of eligible aviation fuels claimed as a separate memo-item in its annual emission report.

1. For the purpose of paragraph 1, the aircraft operator shall ensure that any amount of eligible aviation fuel claimed is certified in accordance with Article 30 of Directive (EU) 2018/2001 or another certification accepted under Regulation 2023/2405. The competent authority may allow the aircraft operator to use the data recorded in the Union database set up in accordance with Article 31a of Directive (EU) 2018/2001 or a national database set up by the Member State in accordance with Article 31a(5) of that Directive. In case of subsequent non-compliance regarding the proof of sustainability of the quantities cancelled in the aforementioned databases, the Competent Authority shall correct the verified amounts of neat eligible aviation fuels accordingly.

1. For mixed aviation fuels, the aircraft operator may either assume the absence of eligible aviation fuel and apply a default fossil fraction of 100 % or determine the amount of neat eligible aviation fuel in accordance with paragraph 3a.

3a.   The aircraft operator shall determine the amount of neat eligible aviation fuel as a sum of neat alternative fuels eligible under Article 3c(6) of Directive 2003/87/EC as determined in accordance with Article 53(1) of this Regulation. The neat eligible fuels shall be attributed to each flight or aerodrome pair in accordance with paragraphs 4 or 5.

1. Where eligible aviation fuels are delivered to the aircraft in physically identifiable batches, the aircraft operator shall provide evidence to the satisfaction of the competent authority that the eligible aviation fuel is attributed to the flight immediately following the fuel uplift of that flight.

Where several subsequent flights are carried out without fuel uplift between these flights, the aircraft operator shall split the amount of the eligible aviation fuels and assign it to these flights proportionally to the emissions from those flights calculated using the preliminary emission factor.

1. Where eligible aviation fuels cannot be physically attributed at an aerodrome to a specific flight, the aircraft operator shall attribute the fuel to its flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC and to its flights covered by Article 3c(8) of that Directive proportionally to the emissions from those flights departing from that aerodrome calculated using the preliminary emission factor.

For that purpose, the aircraft operator must provide evidence to the satisfaction of the competent authority that the eligible aviation fuel was delivered to the fuelling system of the departure aerodrome in the reporting period, or 3 months before the start, or 3 months after the end, of that reporting period.

1. For the purpose of paragraphs 4 and 5, the aircraft operator shall provide evidence to the satisfaction of the competent authority that:

• (a) the total amount of eligible aviation fuel claimed does not exceed the total fuel usage of that aircraft operator for flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC and for flights covered by Article 3c(8) of that Directive, originating from the aerodrome at which the eligible aviation fuel is supplied;

• (b) the amount of eligible aviation fuel for flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC and from flights covered by Article 3c(8) of that Directive does not exceed the total quantity of eligible aviation fuel purchased from which the total quantity of eligible aviation fuels sold to third parties is subtracted;

• (c) the ratio between eligible aviation fuels and fossil fuels attributed to flights aggregated per aerodrome pair does not exceed the maximum blending limit for that fuel type as certified according to a recognised international standard;

• (d) there is no double counting of the same quantity of eligible aviation fuel, in particular that the eligible aviation fuel purchased is not claimed to be used in an earlier report or by another aircraft operator, or in another carbon pricing system.

For the purpose of points (a), (b) and (c), any fuel remaining in tanks after a flight and before an uplift is assumed to be 100 % not eligible fuel.

For the purpose of demonstrating compliance with the requirements referred to under point (d), the aircraft operator may use the data recorded in the Union database set up in accordance with Article 31a of Directive (EU) 2018/2001 or a national database set up by the Member State in accordance with Article 31a(5) of that Directive.’

;

• (33) the following Articles 54b and 54c are inserted:

‘Article 54b

Determining the RFNBO, RCF or synthetic low-carbon fraction

1. The aircraft operator shall determine the RFNBO or RCF fraction or synthetic low-carbon fraction of mixed aviation fuels containing RFNBO, RCF or synthetic low-carbon fuel. The aircraft operator may either assume the absence of RFNBO, RCF or synthetic low-carbon fuel and apply a default fossil fraction of 100 %, or determine a RFNBO or RCF fraction or synthetic low-carbon fraction in accordance with paragraphs 2 or 3. The aircraft operator shall use a default value of 100 % RFNBO or RCF fraction, or 100 % synthetic low-carbon fraction, as applicable, for neat RFNBO or RCF or neat synthetic low-carbon fuel.

By way of derogation from the first subparagraph, the aircraft operator using mixed aviation fuels containing RFNBO, RCF or synthetic low-carbon fuel, may choose to monitor the RFNBO or RCF content or synthetic low-carbon content and other fossil aviation fuel content, as separate source streams if the evidence provided by the fuel suppliers allows such approach.

1. Where RFNBO, RCF or synthetic low-carbon fuel are physically mixed with fossil fuels and delivered to the aircraft in physically identifiable batches, the aircraft operator shall base the estimation of the RFNBO or RCF content or synthetic low-carbon content on a mass balance pursuant to Article 30(1) of Directive (EU) 2018/2001, reflecting the blending of fossil fuels and RFNBO, RCF or synthetic low-carbon fuel purchased.

1. Where purchased RFNBO, RCF or synthetic low-carbon fuel batches are not physically delivered to a specific aircraft, the aircraft operator may determine the RFNBO or RCF fraction or synthetic low-carbon fraction using purchase records of RFNBO, RCF or synthetic low-carbon fuel of equivalent energy content.

Article 54c

Conditions for zero-rating biofuels, RFNBO, RCF and synthetic low-carbon fuels by aircraft operators

1. The aircraft operator may count the biomass fraction of a mixed aviation fuel towards the zero-rated biomass fraction only to the extent that the biofuel content complies with the criteria set out in Article 38(5).

1. The aircraft operator may count the RFNBO or RCF fraction of a mixed aviation fuel towards the zero-rated RFNBO or RCF fraction only to the extent that the RFNBO or RCF content complies with the criteria set out in Article 39a(3).

1. The aircraft operator may count the synthetic low-carbon fraction of a mixed aviation fuel towards the zero–rated synthetic low-carbon fraction only to the extent that the synthetic low-carbon content complies with the criteria set out in Article 39a(4).

1. The aircraft operator may claim zero-rated biofuels, zero-rated RFNBO or RCF and zero-rated synthetic low-carbon fuels only to the extent these zero-rated fuels comply with the maximum amount of fuel use determined in accordance with Article 53a of this Regulation, for flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC.’

;

• (34) in Article 55(2), the first subparagraph is replaced by the following:

‘2.   By way of derogation from Article 53, small emitters and aircraft operators having total annual emissions lower than 3 000 tonnes of CO2 from flights other than those referred to in Article 28a(1), point (a), and Article 3c(8) of Directive 2003/87/EC may estimate the fuel consumption based on distance per aerodrome pair using tools implemented by Eurocontrol or another relevant organisation, which can process all relevant air traffic information and avoid any underestimations of emissions.’

;

• (35) the following Articles 56a and 56b are inserted:

‘Article 56a

Calculation of CO2 equivalent for non-CO2 aviation effects

1. Each aircraft operator shall monitor the non-CO2 aviation effects from its activities performed by aeroplanes equipped with jet engines in CO2 equivalent (CO2(e)) per flight.

1. The aircraft operator shall calculate the CO2(e) per flight using the GWP metric, in particular GWP20, GWP50 and GWP100, resulting in CO2(e) values for three-time horizons (20, 50, and 100 years) for each of the monitored flights.

1. The aircraft operator shall use efficacy as defined in this Regulation and in NEATS, to refine the GWP as referred to in paragraph 2 for calculating the CO2(e) per flight unless the aircraft operator provides evidence to the competent authority that it is not possible to use efficacy.

1. To calculate CO2(e) per flight each aircraft operator shall apply a CO2(e) calculation approach covering the following elements:

• (a) the fuel-burn module and emissions-estimation module, as described in Annex IIIa, Section 3;

• (b) Method C consisting of a weather-based approach and Method D consisting of a location-based simplified approach, as referred to in Annex IIIa, Section 4;

• (c) a default values approach, used in case of data gaps, described in Annex IIIa, Section 5 and Annex IIIb.

Method C and method D shall be based on input data from the modules referred to in point (a) of this paragraph, data from the aircraft operator and relevant weather data from the aircraft operator or third party-sources.

1. Each aircraft operator shall use Method C to calculate CO2(e) per flight.

1. By way of derogation from paragraph 5, small emitters, as defined in Article 55(1), may use Method D.

1. To apply the CO2(e) calculation models to their flights, aircraft operators shall meet all the following conditions, either using NEATS, pursuant to Annex IIIa, Section 2, own and third-party IT tools, or a combination of NEATS and these tools:

• (a) these tools comply with the requirements laid down in Annex IIIa, with regard to emission-estimation module in Section 3, 4 and 5 of that Annex;

• (b) where enhanced weather data is needed as defined in Annex IIIa, these tools use the same common reference Numerical Weather Prediction (NWP) model and weather data, as the one provided through NEATS;

• (c) these tools allow for and facilitate, for the purpose of verification, access to the monitored data in accordance with Annex IIIa, Section 4;

• (d) these tools ensure the data monitored is securely stored for at least 2 years, with backup and recovery functions;

• (e) these tools comply with the principles established by Article 75(1).

1. Where an aircraft operator plans to use tools referred to in paragraph 7, other than the fuel burn module, the aircraft operator shall first submit the technical specifications of the tools to the Commission. The Commission shall assess the specifications of the tools and, where these tools comply with the requirements in this Regulation, shall approve the tools. Once approved, the tools technical specifications and workflow shall be further described by the aircraft operator in the monitoring plan.

Article 56b

Data monitoring

1. The aircraft operator shall monitor the data mentioned in Annex IIIa, Section 4.

1. The data monitored as referred to in paragraph 1 shall be sourced by the aircraft operator, including from flight data recorder equipment of the aircraft, where available.

1. By way of derogation from paragraph 2, the aircraft operator can choose to rely for the monitoring of some or all of the data, on the following:

• (a) independent third-party sources such as Eurocontrol;

• (b) NEATS, as described in Annex IIIa, Section 2.

1. Where data is missing and the aircraft operator has demonstrated that it is not capable of retrieving that data via NEATS or other methods, the aircraft operator shall use default values as provided in Annex IIIa, Section 5 and Annex IIIb.

1. The aircraft operators shall provide the verifier with access to all data that is necessary for the verification, including confidential data. Upon request of the aircraft operator the competent authority shall treat information provided by the aircraft operator as confidential.

1. Where it is not possible to use NEATS due to its unavailability, the aircraft operator shall monitor at a minimum the flight information and aircraft properties per flight. In such case the CO2(e) calculation per flight shall be performed at a later stage by the aircraft operator, at the latest, once NEATS is made available by the Commission.

1. Where it is not possible to use a common reference NWP model due to its unavailability in NEATS, the aircraft operator, shall, by way of derogation from Article 56a(5), use Method D. Once the common reference NWP model is made available, the aircraft operator shall use the appropriate method in line with Article 56a(5) and (6).

1. NEATS shall be updated as appropriate’

;

• (36) Article 58 is amended as follows:

• (a) paragraph 1 is replaced by the following:

‘1.   The operator or aircraft operator shall establish, document, implement and maintain written procedures for data flow activities for the monitoring and reporting of greenhouse gas emissions and non-CO2 aviation effects and ensure that the annual emissions report resulting from data flow activities does not contain misstatements and is in conformance with the monitoring plan, those written procedures and this Regulation.’

;

• (b) in paragraph 2, point (c) is replaced by the following:

• ‘(c) each step in the data flow from primary data to annual emissions and non-CO2 aviation effects which shall reflect the sequence and interaction between the data flow activities, including relevant formulas and data aggregation steps applied’;

• (37) Article 66 is amended as follows:

• (a) the title is replaced by the following:

‘ Treatment of data gaps for emissions reporting ’;

• (b) in paragraph 2, the last subparagraph is replaced by:

‘Where the number of flights with data gaps referred to in the first two sub-paragraphs exceed 5 % of the annual flights that are reported, the aircraft operator shall inform the competent authority thereof without undue delay and shall take remedial action for improving the monitoring methodology.’;

• (38) in Article 68, the following paragraphs 5 and 6 are inserted:

‘5.   The aircraft operator shall submit to the competent authority under the same conditions as referred to in paragraph 1, a separate report as attachment to the annual emissions report, that covers the annual non-CO2 aviation effects.

1. The separate report referred to in paragraph 5 shall contain at least the information listed in Annex X, Section 2a.’

;

• (39) in Article 69(1), the first subparagraph is replaced by the following:

‘1.   Each operator shall regularly check whether the monitoring methodology applied can be improved.’

;

• (40) Article 70 is amended as follows:

• (a) in paragraph 1, the first subparagraph is replaced by the following:

‘1.   The competent authority shall make a conservative estimate of the emissions of an installation or aircraft operator and, where relevant, the non-CO2 aviation effects of an aircraft operator in any of the following situations:’

;

• (b) paragraph 2 is replaced by the following:

‘2.   Where a verifier has stated, in the verification report pursuant to Implementing Regulation (EU) 2018/2067, the existence of non-material misstatements which have not been corrected by the operator or aircraft operator before issuing the verification report, the competent authority shall assess those misstatements, and make a conservative estimate of the emissions and non-CO2 aviation effects of the installation or aircraft operator where appropriate. The competent authority shall inform the operator or aircraft operator whether and which corrections are required to the annual emissions report. The operator or aircraft operator shall make that information available to the verifier.’

;

• (41) Article 72(1) is replaced by the following:

‘1.   Total annual emissions of each of the greenhouse gases CO2, N2O and PFCs, as well as non-CO2 aviation effects shall be reported as rounded tonnes of CO2 or CO2(e). The total annual emissions of the installation shall be calculated as the sum of the rounded values for CO2, N2O and PFCs.’

;

• (42) Article 75d(3) is amended as follows:

• (a) in the second subparagraph, the term ‘biomass’ is replaced by ‘zero-rated fuels’;

• (b) the third subparagraph is replaced by the following:

‘For the purpose of this paragraph, Article 38(5) and 39a(3) shall apply, provided that the relevant information on the sustainability and the greenhouse gas emissions saving criteria of zero-rated fuels used for combustion is available to the regulated entity.’;

• (43) Article 75e is amended as follows:

• (a) in paragraph 2, points (a) and (b) are replaced by the following:

• (a) ‘a category A entity, where from 2027 to 2030 the average verified annual emissions in the 2 years preceding the reporting period before the application of the scope factor, with the exclusion of CO2 stemming from zero-rated fuels, are equal to or less than 50 000 tonnes of CO2(e);

• (b) a category B entity, where from 2027 to 2030 the average verified annual emissions in the 2 years preceding the reporting period before the application of the scope factor, with the exclusion of CO2 stemming from zero-rated fuels, are more than 50 000 tonnes of CO2(e).’;

• (b) in paragraph 3, point (a) is replaced by the following:

• ‘(a) de minimis fuel streams, where the fuel streams selected by the regulated entity jointly account for less than 1 000 tonnes of fossil CO2 per year before the application of the scope factor;’;

• (c) paragraph 4 is replaced by the following:

‘4.   Where the average annual verified emissions used to determine category of the regulated entity as referred to in paragraph 2 are not available or no longer representative for the purpose of paragraph 2, the regulated entity shall use a conservative estimate of annual average emissions calculated before the application of the scope factor, with the exclusion of CO2 stemming from zero-rated fuels, to determine the category of the regulated entity.’

;

• (d) the following paragraph 4a is inserted:

‘4a.   By way of derogation from paragraphs 2, 3 and 4, before 2027, the competent authority may allow the regulated entity to classify itself and each fuel stream based on the emissions after the application of the scope factor, with the exclusion of CO2 stemming from zero-rated fuels, where the regulated entity can demonstrate to the satisfaction of the competent authority that the scope factor applied for the classification will remain to be representative in the future years.’

;

• (e) paragraph 5 is deleted.

• (44) The title of subsection 4 is replaced by the following:

‘ Treatment of biomass synthetic low-carbon fuels, RFNBO and RCF ’;

• (45) Article 75m is amended as follows:

• (a) the title and first paragraph, introductory sentence, are replaced by the following:

‘Article 75m

Release of fuel streams containing biomass, synthetic low-carbon fuels, RFNBO and RCF

1. Article 38, Article 39, paragraphs 1, 3 and 4, and Article 39a shall apply. For that purpose:’

;

• (b) in paragraph 3, the term ‘biomass fraction’ is replaced by ‘zero-rated carbon fraction’.

• (46) Article 75n is amended as follows:

• (a) paragraph 1 is replaced by the following:

‘1.   The competent authority may consider a regulated entity to be a regulated entity with low emissions where at least one of the following conditions is met:

• (a) from 2027 to 2030, the average verified annual emissions in the 2 years preceding the reporting period before the application of the scope factor, with the exclusion of CO2 stemming from zero-rated fuels, were less than 1 000 tonnes of CO2 per year;

• (b) from 2031, the average annual emissions of that regulated entity reported in the verified emissions reports during the trading period immediately preceding the current trading period, calculated before the application of the scope factor and with the exclusion of CO2 stemming from zero-rated fuels, were less than 1 000 tonnes of CO2 per year;

• (c) where the average annual emissions referred to in point (a) are not available or no longer representative for the purpose of point (a), but the annual emissions of that regulated entity for the next 5 years, calculated before the application of the scope factor and with the exclusion of CO2 stemming from zero-rated fuels, will be, based on a conservative estimation method, less than 1 000 tonnes of CO2(e) per year.’

;

• (b) the following paragraph 1a is inserted:

‘1a.   By way of derogation from paragraph 1, before 2027, the competent authority may consider a regulated entity to be a regulated entity with low emissions based on the emissions after the application of the scope factor, with the exclusion of CO2 stemming from zero-rated fuels, where the regulated entity can demonstrate to the satisfaction of the competent authority that the scope factor applied for the classification will remain to be representative in the future years.’

;

• (47) Annex I is amended as follows:

• (a) Section 1 is amended as follows:

• (i) in point (4), point (g), the term ‘biomass’ is replaced by ‘zero-rated fuels’;

• (ii) in point (7), point (f) is replaced by the following:

• ‘(f) where applicable, a description of the conservative estimation method used for determining the zero-rated fraction and zero-rated RFNBO or RCF fraction of inherent or transferred CO2 in accordance with Articles 48, 49 or 49a;’;

• (iii) point (8) is replaced by the following:

• ‘(8) a detailed description of the monitoring methodology where CO2 is chemically bound in accordance with Article 49a, where appropriate in the form of a description of the written procedures applied, including the following:

• (a) the procedures for determining whether or not a product in which the CO2 is permanently chemically bound in accordance with Article 49a(1) of this Regulation, meets the requirements set out in the delegated Regulation pursuant to Article 12(3b) of Directive 2003/87/EC and the types of uses of those products;

• (b) a description of the calculation methodology for determining the CO2 amounts permanently chemically bound in accordance with Article 49a(2).’

• (iv) the following points (9) and (9a) are inserted:

• ‘(9) where applicable, a description of the procedure used to assess if zero-rated source streams comply with Article 38(5) or 39a(3) or 39a(4);

• (9a) where applicable, a description of the procedure used to determine zero-rated biogas quantities based on purchase records in accordance with Article 39(4), or zero-rated RFNBO or RCF quantities in accordance with Article 39a(5);’;

• (b) Section 2 is amended as follows:

• (i) point (1) is amended as follows:

• — point (c) is replaced by the following:

• ‘(c) a description of procedures, systems and responsibilities used to update the completeness of the list of emission sources over the monitoring year for the purpose of ensuring the completeness of monitoring and reporting of the emissions and non-CO2 aviation effects of owned aircraft as well as leased-in aircraft;’;

• — points (k), (l) and (m) are replaced by the following:

• ‘(k) confirmation if the aircraft operator intends to use any of the tools referred to in Article 55(2) of this Regulation and whether the aircraft operator intends to use the simplification pursuant to Article 28a(4) of Directive 2003/87/EC;

• (l) where applicable, a description of the procedure used to assess if zero-rated biofuel, RFNBO, RCF, or synthetic low-carbon fuel comply with Article 54c of this Regulation;

• (m) where applicable, a description of the procedure used to determine quantities of alternative aviation fuels in accordance with Article 53(1) and to ensure the reported neat fuels comply with the conditions set out in Article 53a of this Regulation;’;

• — point (o), is replaced by the following:

• ‘(o) where applicable a description of the procedure used to determine eligible aviation fuel quantities in accordance with Article 54a(3) and to ensure the reported fuels comply with the conditions set out in Article 54a(4) and 54a(5) of this Regulation;’;

• — the following points (p) and (q) are inserted:

• ‘(p) a confirmation on whether the aircraft operator operates any flights under Article 56a(1);

• (q) a confirmation on whether the aircraft operator intends to use only NEATS to determine the non-CO2 aviation effects, or if it intends to use, for all or part of the monitored data, own or third party IT tools as described in Article 56a(7);’;

• (ii) in point (2), the introductory sentence is replaced by:

• ‘2. For the purpose of monitoring emissions, the monitoring plan shall contain the following information for aircraft operators which are not small emitters in accordance with Article 55(1) or which do not intend to use a small emitter tool in accordance with Article 55(2):’;

• (iii) the following point (3), is inserted:

• ‘3. For the purpose of monitoring non-CO2 aviation effects, the monitoring plan shall contain, as relevant, the following information for aircraft operators not using only NEATS to determine the non-CO2 aviation effects:

• (a) description of the fuel burn and emission estimation module, the CO2(e) calculation model and associated IT tools that the aircraft operators intends to use;

• (b) a description and a flowchart of the monitoring process of data relative to the CO2(e) calculation model as described in Annex IIIa, Section 4 to this Regulation;

• (c) a description of the written procedure for ensuring that appropriate data is used to input into the CO2(e) calculation models in accordance with Annex IIIa to this Regulation and that climate effects of all non-CO2 agents on a per flight basis are taken into account;

• (d) a description of the written procedure for identifying and assessing data gaps and applying the default values described in Annex IIIa, Section 5 and Annex IIIb to this Regulation, to complete the data gaps.’;

• (c) in Section 4, point (3), is replaced by the following:

• ‘3. Where applicable, a description of the procedure used to assess if zero-rated fuel streams comply with Article 38(5), or 39a(3), or 39a(4) and, where relevant, Article 75m(2) of this Regulation;’;

• (48) Annex II is amended as follows:

• (a) Section 1 is amended as follows:

• (i) paragraph 2 is replaced by the following:

‘Where Table 1 does not include activities listed in Annex I to Directive 2003/87/EC and the mass balance set out in Article 25 of this Regulation is not applied, the operator shall use the tiers listed in Table 1 under ‘Combustion of fuels and fuels used as process input’ for those activities.’;

• (ii) Table 1 is amended as follows:

• — the eleventh row, heading ‘ Refining of mineral oil ’, is replaced by the following:

‘ Refining of oil ’;

• — the fifty-first row, heading ‘ Primary aluminium production ’, is replaced by the following:

‘ Primary aluminium or alumina production ’;

• — the following rows are added at the end of the Table:

‘CO2 capture, transfer and geological storage in storage site permitted under Directive 2009/31/EC	‘CO2 capture, transfer and geological storage in storage site permitted under Directive 2009/31/EC	‘CO2 capture, transfer and geological storage in storage site permitted under Directive 2009/31/EC	‘CO2 capture, transfer and geological storage in storage site permitted under Directive 2009/31/EC	‘CO2 capture, transfer and geological storage in storage site permitted under Directive 2009/31/EC	‘CO2 capture, transfer and geological storage in storage site permitted under Directive 2009/31/EC
Mass balance of CO2 transferred	CO2 transferred into or out from an installation, transport infrastructure or storage site, vented, leaked or fugitive emissions [t]	± 7,5 %	± 5 %	± 2,5 %	± 1,5 %
CO2 venting, leakage, and fugitive emissions	CO2 vented, leaked or from fugitive emissions [t]	± 17,5 %	± 12,5 %	± 7,5 %’

• (b) in Section 2.1, the first paragraph is replaced by the following:

‘Where a biomass fraction, or RFNBO or RCF fraction or synthetic low-carbon fraction is determined for a mixed fuel or material, the tiers defined shall relate to the preliminary emission factor. For fossil fuels and materials, the tiers shall relate to the emission factor.’;

• (c) Section 2.4, is replaced by the following:

‘2.4   Tiers for biomass fraction

Tier 1: The operator shall apply an applicable value published by the competent authority or the Commission, or values in accordance with Article 31(1).

Tier 2: The operator shall apply an estimation method approved in accordance with the second subparagraph of Article 39(2).

Tier 3a: The operator shall apply analyses in accordance with the first sub-paragraph of Article 39(2), and in accordance with Articles 32 to 35.

Tier 3b: For fuels originating from a production process with defined and traceable input streams, the operator may base the estimation on a material balance of fossil and biomass carbon entering and leaving the process, such as the mass balance system in accordance with Article 30(1) of Directive (EU) 2018/2001.

Where an operator assumes a fossil fraction of 100 % in accordance with Article 39(1) of this Regulation, no tier shall be assigned for the biomass fraction.’;

• (d) the following Section 2.5 is inserted:

‘2.5   Tiers for RFNBO or RCF fraction or synthetic low-carbon fraction

Tier 1: The operator shall determine the RFNBO or RCF fraction or synthetic low-carbon fraction based on the mass balance system in accordance with Article 30(1) of Directive (EU) 2018/2001.

Where an operator assumes a fossil fraction of 100% in accordance with Article 39a(1) of this Regulation, no tier shall be assigned for the RFNBO or RCF fraction or synthetic low-carbon fraction.’;

• (e) Section 3.1 is amended as follows:

• (i) the third paragraph is replaced by the following:

‘Where a biomass fraction or RFNBO or RCF fraction or synthetic low-carbon fraction is determined for a mixed fuel or material, the tiers defined shall relate to the total carbon content. The biomass fraction of the carbon shall be determined using the tiers defined in Section 2.4 of this Annex. The RFNBO or RCF fraction or synthetic low-carbon fraction of the carbon shall be determined using the tiers defined in Section 2.5 of this Annex.’;

• (ii) in the subheading Tier 2b, the first sentence is replaced by the following:

‘ Tier 2b: The operator shall derive the carbon content from emission factors for the fuel based on one of the following established proxies in combination with an empirical correlation as determined at least once per year in accordance with Articles 32 to 35 of this Regulation:’;

• (f) the following Section 3.4 is added:

‘3.4   Tiers for RFNBO or RCF fraction or synthetic low-carbon fraction

The tiers defined in Section 2.5 of this Annex shall be used.’;

• (g) in Section 4, before Section 4.1, the following paragraph is inserted:

‘By way of derogation from the provisions in this section and the following sub-sections, operators may rate process emissions from materials as zero, provided those materials meet all the following conditions:

• (i) do not meet the definitions of RFNBOs or RCFs or synthetic low-carbon fuels;

• (ii) were produced in another installation covered by Directive 2003/87/EC;

• (iii) CO2 was chemically bound to produce the materials;

• (iv) the installation that emitted the CO2 in point (iii), included this CO2 in its annual emissions report;

• (v) do not meet the specification of a product that is listed in the delegated Regulation adopted pursuant to Article 12(3b) of Directive 2003/87/EC.’;

• (h) the following Section 4.7 is added:

‘4.7   Tiers for the RFNBO or RCF fraction or synthetic low-carbon fraction

The tiers defined in Section 2.5 of this Annex shall be used.’;

• (49) Annex IIa is amended as follows:

• (a) in Section 2.1, a second subparagraph is inserted after the first subparagraph:

‘Where a RFNBO or RCF fraction or synthetic low-carbon fraction is determined for a mixed fuel, the tiers defined shall relate to the preliminary emission factor’;

• (b) the following Section 2.3a is inserted:

‘2.3a   Tiers for RFNBO or RCF fraction or synthetic low-carbon fraction

Tier 1: The operator shall determine RFNBO or RCF fraction or synthetic low-carbon fraction based on the mass balance system in accordance with Article 30(1) of Directive (EU) 2018/2001.

Where an operator assumes a fossil fraction of 100 % in accordance with Article 39a(1) of this Regulation, no tier shall be assigned for the RFNBO or RCF fraction or synthetic low-carbon fraction.’;

• (50) in Annex III, the title is replaced by the following:

‘ Monitoring methodologies for emissions from aviation (Article 53) ’;

• (51) the following Annexes IIIa and IIIb are inserted:

‘ANNEX IIIa

Monitoring methodologies for non-CO2 aviation effects (Article 56a)

1. DEFINITIONS RELATED TO NON-CO2 AVIATION EFFECTS

• 1. ‘flight information’ means at the minimum the call sign as provided in Article 51 of this Regulation, the day and time of departure and arrival of the flight, expressed in Coordinated Universal Time (UTC) and the ICAO codes and/or the International Air Transport Association's (IATA) location identifiers for origin and destination airports allowing for unique identification of the given flight;

• 1. ‘flight phase information’ means the split of data (e.g. aircraft 4D position, fuel flow) according to operational flight phases (take-off, climb, cruise, etc.);

• 1. ‘operation flight envelope’ means the boundaries of altitude, aircraft speed, and load factor for each flight phase;

• 1. ‘true airspeed’ means the speed of the aircraft relative to the air mass through which it is flying, in meters per second (m/s);

• 1. ‘aircraft 4D position’ means the four-dimensional position of an aircraft defined by its latitude, in decimal degree; longitude, in decimal degree; and altitude, in pressure altitude, at any given moment of time between beginning and end of the flight;

• 1. ‘time stamp’ means a snapshot of data (e.g. aircraft 4D position, fuel flow) that corresponds to any given moment of time, in seconds, during flight and that is to be considered together with time interval;

• 1. ‘time interval’ means the time, in seconds, between two-time stamps during the flight, not exceeding 60 seconds;

• 1. ‘latest flight plan’ means the latest flight plan available and acknowledged by relevant air navigation service for a given flight, before it takes place. The latest flight plan can be the Eurocontrol’s Regulated Tactical Flight Model (RTFM), or alternatively, the Eurocontrol’s Filed Tactical Flight Model (FTFM) or equivalent in terms of data accuracy;

• 1. ‘flown flight trajectory’ means the trajectory followed by the aircraft from its point of origin (departure) to its destination (arrival), constituted by all the time stamps, recorded during the flight. The flown flight trajectory can be sourced from the flight data recorder equipment or third-party. Its accuracy should be equivalent, where possible, to Eurocontrol’s Current Tactical Flight Model (CTFM);

• 1. ‘flight data recorder equipment’ a specialized electronic device installed on the aircraft for the purpose of recording various parameters and events during flight operations. These parameters may include but are not limited to flight control inputs, aircraft performance information, engine data, navigation information.

• 1. ‘three-dimensional radiative variables’ means number of variables such as radiative flux density, radiative heating rates, that describe how radiation varies across space, including the Earth’s surface and atmosphere, and how it changes over time;

• 1. ‘pressure’ means the force, in Pascals (Pa), exerted by the weight of the air in the atmosphere above a given point where the aircraft is situated at any given moment of time during flight taking into account three-dimensional radiative variables;

• 1. ‘air ambient temperature’ means the temperature of the air, in Kelvin (K), surrounding an aircraft at any given moment of time during the flight and given for three-dimensional radiative variables;

• 1. ‘specific humidity’ means the ratio of water vapor per kilogram of total air mass (kg/kg) surrounding an aircraft at any given moment of time during flight and given for three-dimensional radiative variables;

• 1. ‘International Standard Atmosphere (ISA)’ means a standard against which to compare the actual atmosphere at any point and time, based on the specific values of pressure, density, and temperature at mean sea level, each of which decreases with increase in height;

• 1. ‘basic weather data’ means the category of information encompassing for each flight, at least the pressure, the air ambient temperature and the specific humidity, used in the fuel burn and emission estimation modules. Here, these values can be estimated, at the minimum, through standardised, altitude-dependent correction and/or be based on third party post-operational observations;

• 1. ‘relative humidity over ice’ means the concentration of water vapour, in percentage, present in the air compared to its concentration at the saturation point of ice;

• 1. ‘eastward and northward wind’ means the horizontal speed of air moving towards the East or North, in meters per second, at any given moment of time during flight and given for three-dimensional radiative variables;

• 1. ‘vertical velocity’ means the speed of air motion in the upward or downward direction (in Pa/s), where negative values of vertical velocity indicate upward motion. It is necessary to calculate, e.g., advection and wind shear;

• 1. ‘specific cloud ice water content’ means the mass of cloud ice particles per kilogram of the total mass of moist air (kg/kg) surrounding an aircraft at any given moment of time during flight and given for three-dimensional radiative variables;

• 1. ‘geopotential’ means the gravitational field strength experienced by an aircraft at different altitudes, at any given moment of time during flight, in square meters per squared second (m²/s²) and given for three-dimensional radiative variables;

• 1. ‘outgoing longwave radiation’ means the total radiation emitted to the space by earth atmosphere system, in W/m², at any given moment of time during flight and given for three-dimensional radiative variables;

• 1. ‘reflected solar radiation’ means the portion of sunlight that is reflected back into space by the Earth’s surface, clouds, aerosols, and other atmospheric particles, in W/m², at any given moment of time during flight and given for three-dimensional radiative variables;

• 1. ‘solar direct radiation’ means the portion of sunlight that reaches the Earth’s surface directly from the Sun without being scattered or reflected by the atmosphere or clouds, in W/m², at any given moment of time during flight and given for three-dimensional radiative variables;

• 1. ‘common reference Numerical Weather Prediction (NWP) model’ refers to a computational system utilised in meteorology, comprising algorithms and mathematical formulations implemented in software, designed to simulate, and forecast atmospheric conditions over a defined spatial and temporal domain (spatial grid). In the case of the enhanced weather data, a common reference NWP model is provided by the Commission through NEATS;

• 1. ‘enhanced weather data’ means the category of information encompassing for each flight, the pressure, the air ambient temperature, the specific humidity, the relative humidity over ice, the eastward and northward wind, the vertical velocity, the specific cloud ice water content, the geopotential, the outgoing longwave, reflected solar and solar direct radiation, taken as input from a common reference NWP model, provided by the Commission through NEATS;

• 1. ‘engine identifier’ means the aircraft engine unique identifier number as contained in the ICAO engine emissions databank, or equivalent, allowing to unequivocally identify the engines attached to the aircraft, through internationally recognized standardised lists;

• 1. ‘aircraft mass’ means the mass in kilogrammes of the aircraft along the trajectory, which equals to subtracting from the take-off mass the fuel burn during flight at any given moment of time. If the aircraft mass is not available, it can be approximated based on either the take-off mass or the load factor, and either the given fuel flow or the fuel flow as calculated by an aircraft performance simulation using the fuel burn module;

• 1. ‘take-off mass’ means the aircraft mass at beginning of the take-off run, including everything and everyone carried at that moment, in kilograms. It is used to approximate the aircraft mass if the latter is not provided. If the take-off mass is not available, it can be approximated based on the load factor;

• 1. ‘maximum take-off mass’ is the maximum mass, in kilograms, at which the pilot of an aircraft is allowed to take off, as specified by the aircraft manufacturer;

• 1. ‘maximum payload mass’ is the maximum mass of passengers and related baggage, mass of cargo, including mail and hand luggage, that can be transported by an aircraft. Values for maximum payload can be retrieved by the applied fuel burn module;

• 1. ‘load factor’ means the weight of passengers, cargo and baggage, including mail and hand luggage, expressed as fraction of the maximum payload mass. The load factor is used to approximate the take-off mass if the latter is not provided. If the load factor is not available, a conservative default value shall be used, in accordance with Annex IIIa, Section 5;

• 1. ‘fuel flow’ means the mass of fuel in kilograms that passes through the aircraft fuel system and into the aircraft’s engines per second during the flight. It can be modeled during flight planning, measured in-flight, or estimated through fuel burn module;

• 1. ‘aircraft engine efficiency’ means the percentage of useful thrust generated by an aircraft engine relative to the energy input from fuel;

• 1. ‘aircraft performance’ means the category of information encompassing fuel flow and aircraft engine efficiency by all-time stamps;

• 1. ‘hydrogen per carbon (H/C) ratio of fuel per flight’ means the number of hydrogen atoms (H) per carbon atom (C) per molecule of the fuel used per flight;

• 1. ‘aromatic content of the fuel per flight’ means the percentage of aromatic hydrocarbons present in the fuel used per flight;

• 1. ‘flight fuel properties’ means the category of information encompassing for each flight the hydrogen per carbon ratio, aromatic content, and the net calorific value of the fuel on board;

1. NON-CO2 AVIATION EFFECTS TRACKING SYSTEM (NEATS)

NEATS is provided by the Commission to aircraft operators, to accredited verifiers and to competent authorities for the purpose of facilitating and, to the extent possible, automating monitoring, reporting and verification of non-CO2 aviation effects, in order to minimise any administrative burden.

NEATS is aligned with the principles established in Article 75(1) of this Regulation and provides a dedicated and secured user interface per aircraft operator, verifier and competent authority.

Monitoring:

NEATS streamlines the monitoring process as it incorporates directly, or gives access to, available third-party collected flight trajectories and weather data allowing to minimise monitoring by aircraft operators to aircraft properties, as well as to fuel properties, where needed, as defined in Annex IIIa, Section 1 or to render it fully automatic depending on use of default values.

NEATS incorporates the CO2(e) calculation approaches as listed in paragraph 4 of Article 56a of this Regulation and provides a common reference NWP model, where enhanced weather data is needed (Method C). This results into the calculation of CO2(e) per flight as part of the monitored data.

Reporting:

NEATS streamlines the reporting exercise referred to in Article 68(5) of this Regulation. The tool generates automatically the XML table referred to in Annex X, Section 2a(9) to this Regulation at the end of each reporting year, minimising administrative burden associated with reporting.

Verification:

NEATS streamlines the verification and cross-checks done respectively by the verifier and the competent authority. It provides the means to verify a CO2(e) per flight, while protecting confidential data.

Data storage:

NEATS allows to store all the data (from aircraft operators and from third parties), securely encoding and protecting from release confidential data, where such data is uploaded by the aircraft operator on NEATS, as long as it is identified as confidential by the aircraft operator.

Transparency:

NEATS relies on state-of-art models to calculate the CO2(e) for non-CO2 effects. Aircraft operators may develop their own or use third-party tools, provided they comply with the requirements laid down in this Annex.

NEATS shall feed into a public website summarising the non-confidential data and CO2(e) per flight and per aircraft operator.

1. FUEL BURN AND EMISSION ESTIMATION MODULES FOR NON-CO2 AVIATION EFFECTS

Fuel burn module:

The fuel burn module is based on a kinetic approach to aircraft performance modelling, which enables to accurately predict aircraft trajectories and the associated fuel consumption over the entire operation flight envelope and in all phases of a flight. The model processes the theoretical fundamentals to compute aircraft performance parameters, including information on drag, lift, weight, thrust, fuel consumption, as well as the speeds for the climb, cruise, and descent phases of an aircraft, assuming normal aircraft operations. In addition, aircraft-specific coefficients are key data inputs for the computation of the flight trajectory planning of specific aircraft types.

Emission-estimation module:

The emission-estimation module enables to compute aircraft engine emissions of NOx, HC, and CO by means of correlation equations without proprietary airplane and engine performance models along with proprietary engine emissions characterisations. This module applies exhaust emission indices (EIs) from the ICAO engine type certification under predefined reference conditions on the ground and estimates the corresponding EIs during flight conditions assuming international standard atmosphere (ISA) conditions using correction factors for differences in the ISA conditions of temperature, pressure and humidity.

1. CO2(e) CALCULATION MODELS FOR NON-CO2 AVIATION EFFECTS

General criteria:

In the CO2(e) calculation models, the aircraft operator shall consider the climate effects of all non-CO2 agents on a per flight basis including flight trajectories (flight plan and flown flight trajectories), as well as aircraft and flight fuel properties. The emissions from each flight shall be accounted for as pulse emissions. When applying the CO2(e) calculation models, flight trajectory-dependent aircraft emission data shall be used to calculate all the following elements:

• (a) composition changes;

• (b) temporal evolution of radiative forcing caused by composition changes;

• (c) near surface temperature changes caused by flight trajectory-dependent aircraft emissions.

Administrative and computational efforts shall be kept low to ensure feasibility for all stakeholders. The model(s) shall be transparent and suitable for operational use.

Depending on the model, there are two types of requirement lists:

Method C:

For the weather-based approach, detailed climate effects of all aircraft non-CO2 emissions at a specific location and time shall be considered taking into account current weather information to calculate climate-optimised four-dimensional trajectories for individual flight planning. To allow detailed accounting of the climate effects with regards to current atmospheric conditions, different aircraft, propulsion types, as well as fuel properties shall explicitly be considered in the models. Estimates for the formation, life cycle and contrail climate effects for single flights as well as the residence times for the emitted H2O and NOx and their impact on the atmospheric composition shall be included. For being able to output advanced information for use in daily flight planning, the model(s) shall be computationally efficient.

Each aircraft operators shall monitor the following data per flight:

• (a) flight information;

• (b) flight trajectory, defined at the minimum, as the latest flight plan;

• (c) enhanced weather data;

• (d) aircraft properties;

• (e) (optional) aircraft performance information. Planned fuel flow is to be used preferentially, in order to align with the latest flight plan data available;

• (f) flight fuel properties.

Method D:

For the location-based simplified approach, the aircraft operator shall use climate response model(s) to estimate the impact of all non-CO2 effects per flight on a climatological basis. The tool(s) shall be used to assess the climate benefit of general routing options, while accounting for general differences in aircraft, propulsion types and fuel properties through their physical parameterisations. The CO2(e) calculated with the location-based simplified approach shall average out any large deviations for individual flights over a longer period of time. The model(s) should ensure reduced efforts in data need, computation, and handling, as compared to the model(s) for the weather-based approach.

By way of derogation of Method C, small emitters, as defined in Article 55(1) of this Regulation, may monitor the following data per flight:

• (a) flight information;

• (b) flight trajectory, defined by the flown flight trajectory;

• (c) basic weather data;

• (d) aircraft properties;

• (e) (optional) aircraft performance information along the flight;

• (f) (optional) flight fuel properties.

1. USE OF DEFAULT VALUES FOR NON-CO2 AVIATION EFFECTS

Subject to further scrutiny by the competent authority and the Commission, the use of default values shall always result in higher CO2(e) per flight compared to what can be obtained with monitored data.

• 1. Flight trajectory:

• (a) For the purpose of applying Method C, the latest flight plan shall be provided. If the RTFM, or equivalent, is not available, the FTFM, or equivalent shall be used as default. In such case, where data by time stamp is not available, it can be calculated by linear interpolation of measured data stemming from the two measurement times closest before and after the time stamp under consideration, within the same flight phase, provided it results in homogenous flight trajectory for the given flight phase, especially the cruise phase.

• (b) For the purpose of applying Method D:

• (i) the flown flight trajectory shall always be provided. If the CTFM, or equivalent, is not available, the RTFM or FTFM can be used.

• (ii) where data by time stamp is not available, it can be calculated by linear interpolation of measured data stemming from the two measurement times closest before and after the time stamp under consideration, within the same flight phase, provided it results in homogenous flight trajectory for the given flight phase, especially the cruise phase.

• 1. Aircraft properties:

• (a) Engine identifier: where no engine identifier or equivalent, is provided, conservative default values per aircraft type, as defined in Annex IIIb to this Regulation, shall be used.

• (b) Aircraft mass: if the aircraft mass is not provided, the aircraft operator can simulate the aircraft mass by using the take-off mass. If neither the aircraft mass, nor the take-off mass are available, the load factor can be used to approximate the take-off mass. If no load factor is provided, a default value of 1 is used.

• 1. Aircraft performance:

Fuel flow: if the fuel flow is not provided from the flight data recorder equipment, the aircraft operator can use other means to derive the fuel flow, in line with Annex IIIa, Section 1 to this Regulation defining fuel flow, taking into account the thrust which depends on the aircraft’s mass and true airspeed.

• 1. Flight fuel properties:

If no flight fuel properties are provided, the upper limits of Jet A-1 fuel according to the ASTM Standard Specification for Aviation Turbine Fuels, are assumed:

• (a) Aromatic content: 25 % volume;

• (b) Sulphur: 0,3 % mass;

• (c) Naphthalene: 3,0 % volume.

ANNEX IIIb

Conservative default engine identifiers per aircraft type