S.L. 643.3 Art. 24CUse of offsetting units.

(1) An aircraft operator that fulfils the conditions set out in paragraph (aa) of regulation 3, performing aviation activities listed in Schedule 1A, shall be able to use the following units to comply with their obligations to cancel units in respect of the quantity notified in accordance with regulation 24B:

(a) credits authorised by parties participating in the mechanism established under Article 6(4) of the Paris Agreement;

(b) credits authorised by the parties participating in crediting programmes which have been considered eligible by the ICAO or its relevant decision making bodies, as identified in relevant decisions and regulations adopted by the Commission in accordance with Directive 2003/87/EC;

(c) credits from projects or other emission reducing activities subject to agreements concluded with third countries in accordance with Article 11a of Directive 2003/87/EC;

(d) credits issued in respect of Union level projects in accordance with Article 24a of Directive 2003/87/EC.

(2) Units referred to in paragraphs (a) and (b) of sub-regulation (1), may be used if the following conditions have been met:

(a) they originate from a State that is a party to the Paris Agreement at the time of use;

(b) they originate from a State that is listed in relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC as participating in ICAO’s CORSIA. This condition shall not apply in respect of emissions released before the year 2027, nor shall it apply in respect of least developed countries or small island developing States, as defined by the United Nations, other than those identified in the relevant decisions and regulations adopted by the Commission in accordance with pursuant to Article 25a(3) of Directive 2003/87/EC.

(3) Units referred to in paragraphs (a), (b) and (c) of sub-regulation (1), may be used if arrangements are in place for authorization by the participating parties, timely adjustments are made to the reporting of anthropogenic emissions by sources and removals by sinks covered by nationally determined contributions of the participating parties, and double counting and a net increase in global emissions are avoided, and taking into account any relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC.