Thông tư 22/2020/TT-BGTVT

CIRCULAR

MANAGEMENT OF FUEL USE AND CO₂ EMISSION OF AIRCRAFTS IN CIVIL AVIATION OPERATION

Pursuant to Law on Vietnam Civil Aviation dated June 29, 2006 and Law on amendments to a number of Articles of Law on Vietnam Civil Aviation dated November 21, 2014;

Pursuant tithe Law on Environmental Protection dated June 23, 2014;

Pursuant to Decree No. 12/2017/ND-CP dated February 10, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Transport;

Pursuant to Decree No. 66/2015/ND-CP dated August 12, 2015 of Government on Aviation Authorities;

Pursuant to the First Edition of Volume IV of Annex 16 of the Chicago Convention on International Civil Aviation dated October 2018;

At request of Director General of Department of Environment and Director of Civil Aviation Authority of Vietnam;

Minister of Transport promulgates Circular on management of fuel use and co2 emission of aircrafts in civil aviation operation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes management of fuel use and CO₂ emission of aircrafts in civil aviation operation of Vietnam.

Article 2. Regulated entities

1. This Circular applies to organizations and individuals involved in collecting and reporting about fuel use and CO₂ emission from aircrafts in civil aviation operation of Vietnam.

2. This Circular does not apply to aircrafts for public affairs, including special aircrafts used separately, military aircrafts and specialized aircrafts of customs and police authorities; excluding flights for humanitarian, medical or fire fighting purposes and flights conducted immediately before or after these flights and related to implementation of these flights.

Article 3. Term interpretation

1. “flight” refers to utilization of an aircraft from takeoff at one airport to landing at another airport.

2. “international flight” refers to a flight whose either point of departure or arrival is located outside of Vietnam territory; Two or multiple consecutive flights with the same flight number shall be considered as separate flights.

3. “domestic flight” refers to a flight whose point of departure and point arrival are both located within Vietnam territory.

4. “air traffic service flight plan” (ATS flight plan) refers to news provided to aviation authorities regarding flights expected to be conducted or parts of the flights.

5. “airport pair” refers to a group of 2 airports, 1 for departure and 1 for arrival.

6. “country-pair” refers to a group of 2 countries, 1 country of departure and 1 country of arrival.

7. “fuel use monitoring method” refers to any of the 5 monitoring methods under Volume IV of Annex 16 of the Chicago Convention on International Civil Aviation (hereinafter collectively referred to as “Volume IV of Annex 16”).

8. “fuel use and CO2 emission monitoring plans of aircraft operator” (hereinafter collectively referred to as “fuel monitoring plans”) shall be developed based on the guidelines under Volume IV of Annex 16.

9. “report on fuel use and CO2 emission from aircrafts” (hereinafter referred to as “Emission report”) shall be developed based on the guidelines under Volume IV of Annex 16.

10. “verification report” refers to document provided by a verifying organization after assessing and verifying information related to results and process of fuel use and CO₂ emission monitor of aircraft operators developed based on Volume IV of Annex 16.

11. “verifying organization satisfying requirements of Volume IV of Annex 16” refers to an organization accredited by an accreditation body in terms of ISO 14065:2013 standards.

12. “accreditation body” according to Volume IV of Annex 16 refers to a juridical person operating in a manner that conforms to ISO/IEC 17011:2017 standards with range of accreditation includes ISO 14065:2013 standards and internationally accredited according to multilateral agreements of International Accreditation Forum (IAF) or similar.

13. “fuel use monitoring period” refers to the period starting from January 1 to December 31 inclusively of the reporting year.

Article 4. Determining flights of aircraft operators

Aircraft operators shall identify their flights by any of the following means:

1. By identification number of International Civil Aviation Organization (ICAO).

2. By aircraft registration number.

a) In case a flight cannot be identified by ICAO identification number or aircraft registration number, that flight shall be considered to belong to aircraft owner who is considered to be the aircraft operator.  Aircraft owners must provide all necessary information for identifying flights of aircraft operators at request.

b) In case an entire aircraft and flight crew are for hire, if a flight is utilized by ICAO identification number of the hiring party, obligations related to amount of fuel use and CO₂ emission of the flight shall be credited to the hiring party.

c) In case of a code-share flight, emission of different airlines shall be distributed among aircraft operators whose ICAO identification is included in ATS flight plans.

3. Identifying an aircraft operator of a country

a) An aircraft operator of a country must be identified via ICAO identification number, Aircraft Operator Certificate (AOC) and location of legal registration.

b) If an aircraft operator changes ICAO identification number, AOC or location of legal registration to a new country without forming a new company or subsidiary, this country shall become presiding country of the aircraft operator for the following period.

c) 2 aircraft operators shall be considered to be a single body if any of the aircraft operators is a subsidiary fully owned by the other and both aircraft operators are legally registered in the same country which is their presiding country.

d) If multiple aircraft operators are fully owned by a parent company which is not an aircraft operator, they shall not be considered to be a single body.

dd) If 2 aircraft operators are considered to be a single body, the amount of CO₂ emission of the aircraft operators shall be totaled for calculation of compensation requirements of this body. Verifying information and documents must be fully provided in fuel monitoring plans of aircraft operators to prove that the subsidiary is fully owned by the parent company.

Chapter II

COLLECTION, MONITOR AND REPORT OF FUEL USE AND CO2 EMISSION OF AIRCRAFTS

Section 1. Collection, monitor and report of fuel use and CO₂ emission of international flights

Article 5. Collection and monitor of fuel use and CO2 emission of international flights

1. Choose fuel use monitoring method.

a) An aircraft operator with annual CO₂ emission greater than 50,000 tonne shall choose one of 5 fuel use monitoring methods to monitor and record annual fuel use of international flights according to chosen method.

b) An aircraft operator with annual CO₂ emission less than 50,000 tonne or aircraft with up to 5,700 kg of maximum take-off weight may choose fuel use monitoring methods or Carbon Emissions Reporting Tool (CERT) of ICAO to monitor fuel use according to the guidelines under Volume IV of Annex 16.

c) An aircraft operator with up to 50,000 tonne of CO₂ emission within 2 consecutive years, adopt fuel use monitoring methods from January 1 of the third year.

d) An aircraft operator with less than 50,000 tonne of CO₂ emission for 2 consecutive years may continue to use CERT of ICAO from January 1 of the third year.

2. Fuel use monitoring plan

a) An aircraft operator with more than 10,000 tonne of annual CO₂ emission generated from aircrafts with more than 5,700 kg of maximum take-off weight shall develop fuel use monitoring methods and monitor fuel use according to Volume IV of Annex 16.

b) An aircraft operator with aircrafts of more than 5,700 kg of maximum take-off weight and 10,000 tonne of emission must develop fuel monitoring plans within 3 months from the date on which international flights are initiated.

Article 6. Emission reports for international flights

1. On a yearly basis, aircraft operators shall consolidate total fuel use of aircrafts participating in international flights in the year and produce emission reports.

a) An aircraft operator with more than 10,000 tonne of annual CO₂ emission generated from aircrafts with more than 5,700 kg of maximum take-off weight shall produce emission reports according to Section 1.1 under Annex attached to this Circular.

b) Aircraft operators except for those specified under Point a Clause 1 of this Article shall produce emission report according to Section 1.2 of Annex attached to this Circular.

c) Aircraft operators shall adopt fuel ratio to calculate amount of fuel supplied to aircrafts and record actual fuel ratio or standard fuel ratio for operation and for safety purposes. Whether actual or standard fuel ratio is used must be specified in fuel monitoring plans and compared with appropriate documents of aircraft operators.

2. Amount of CO₂ emission generated by aircrafts shall be calculated based on the guidelines under Volume IV of Annex 16. CO2 emission coefficient must be adopted based on the guidelines of ICAO.

Section 2. Monitor and report of fuel use and CO₂ emission of domestic flights

Article 7. Fuel use monitoring methods for domestic flights

Aircraft operators shall choose any of the 5 fuel use monitoring methods specified under Clause 1 Article 5 of this Circular or the CERT to monitor fuel use and submit to Civil Aviation Authority of Vietnam.

Article 8. Fuel use reports for domestic flights

1. Aircraft operators except for those specified under Clause 2 of this Article shall monitor annual fuel use of domestic flights by chosen monitoring methods, consolidate and produce emission reports according to Section 2 under Annex attached to this Circular.

2. Helicopter operators shall consolidate and produce emission reports according to Section 2 under Annex attached to this Circular.

Section 3. Management of database on fuel use and CO₂ emission

Article 9. Requirements for emission reports

1. Emission reports of aircraft operators shall be submitted to Civil Aviation Authority of Vietnam before March 1 each year to consolidate database on fuel use and CO₂ emission in Vietnam civil aviation.  The figure conclusion date: from January 1 to December 31 each year.

2. Emission reports for international flights of aircraft operators with more than 10,000 tonne of annual CO₂ emission generated from aircrafts with more than 5,700 kg of maximum take-off weight must be verified according to the guidelines of Volume IV of Annex 16 and submitted to Civil Aviation Authority of Vietnam before May 31 each year. The figure conclusion date: from January 1 to December 31 each year.

3. Civil Aviation Authority of Vietnam is responsible for reviewing emission reports and verification reports according to the guidelines of Volume IV of Annex 16.

Article 10. Requirements for database

1. Database on fuel use and CO₂ emission shall be developed based on reports of aircraft operators submitted to Civil Aviation Authority of Vietnam, processed, stored and displayed in appropriate interface suitable for data extraction over the internet and capable of exporting data.

2. Database stored in digital form must be correct, truthful, unedited, safe, secured and stored for at least 10 years.

Article 11. Extraction and use of database

1. Database on fuel use of aircrafts must be extracted to serve management of fuel use and CO₂ emission of aircrafts, obligations of member state of ICAO and state management of Ministry of Transport.

2. Organizations and individuals requesting to use database on fuel use as specified under Clause 1 of this Article shall be granted with accounts to access the database by the Civil Aviation Authority of Vietnam.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 12. Responsibilities of Civil Aviation Authority of Vietnam

Civil Aviation Authority of Vietnam shall exercise functions and tasks of aviation authorities according to Decree No. 66/2015/ND-CP of the Government and be responsible for organizing implementation and implementing following details:

1. Inform and update list of verifying body for emission reports in Vietnam for ICAO CORSIA Central Registry; monitor CO₂ emission coefficient publicized by the ICAO and update on website of the Civil Aviation Authority of Vietnam to enable aircraft operators to look up and apply.

2. Consolidate and report to Ministry of Transport data on fuel use and CO₂ emission of international flights and domestic flights according to Circular No. 48/2017/TT-BGTVT dated December 13, 2017 of Ministry of Transport on statistical indicator system and statistical reports of transportation sector

3. Consolidate and inform ICAO about information of Vietnamese aircraft operators having international flights; report emission data by country-pair and total CO2 emission generated by international flights before August 31 each year.

4. Develop, manage, extract and use database on fuel use and CO₂ emission generated by Vietnamese aircrafts to meet requirements for management, extraction, use and report of database serving state management regarding civil aviation.

5. Review fuel monitoring plans of aircraft operators according to guidelines of Volume IV of Annex 16.

6. Review whether information is publicized or classified at request of aircraft operators and inform ICAO about data requiring security.

Article 13. Responsibilities of aircraft operators

1. Submitting fuel monitoring plans and emission reports to Civil Aviation Authority of Vietnam and updating fuel monitoring plans in case of and changes related to aircraft operators according to guidelines under Volume IV of Annex 16.

2. Implementing measures for preventing and dealing with missing data during fuel use monitoring period according to guidelines under Volume IV and Annex 16.

3. Storing data and documents related to fuel use for at least 10 years.

4. In case aircraft operators fail to report or store data of fuel use and CO₂ emission, Civil Aviation Authority of Vietnam shall following guidelines of ICAO under Volume IV and Annex 16.

Chapter IV

IMPLEMENTATION

Article 14. Entry into force

This Circular comes into force from January 1, 2021.

Article 15. Implementation

Chief of the Ministry Office, ministerial Chief Inspectors, directors, directors general of Civil Aviation Authority of Vietnam, heads of agencies, relevant organizations and individuals are responsible for the implementation of this Circular./.

ANNEX. EMISSION REPORTS

(Attached to Circular No. 22/2020/TT-BGTVT dated September 28, 2020 of Minister of Transport on management of fuel consumption and CO₂ emission of aircrafts in civil aviation operation)

1. Emission reports of international flights

1.1. Emission reports of aircraft operators according to Point a Clause 1 Article 6 of this Circular.

1.2. Emission reports of aircraft operators according to Point b Clause 1 Article 6 of this Circular.

Emission reports of international flights that do not require verification

2. Emission reports of domestic flights