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Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State

Analysis of Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State (Cabinet Resolution, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State
  • Law Type: Cabinet Resolution
  • Law Number: No. (27) of 2023
  • Issued Date: 27 Mar 2023
  • Effective Date: 01 Apr 2023
  • Official Gazette: No. 748
  • Sector: Environment and Natural Resources
  • Status: Active
  • Number of Articles: 12
  • Chapters/Parts: 0
  • Amendments: 0

Summary

This Cabinet Resolution mandates airlines registered in the UAE to implement the requirements of Annex XVI of Volume IV of the Chicago Agreement, which relates to the carbon offsetting and reduction plan for international aviation (known as CORSICA). The resolution aims to ensure the UAE's aviation sector complies with global efforts to mitigate carbon emissions from international flights. It empowers the General Civil Aviation Authority to supervise implementation, issue necessary procedures, and take corrective action against non-compliant operators. This legislation is a key part of the UAE's broader environmental sustainability agenda for the aviation industry. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 1-6)

What is the scope and purpose of this law?

The purpose of this Cabinet Resolution is to mandate all airlines registered in the UAE to implement the requirements of Annex XVI of Volume IV of the Chicago Agreement, which outlines the carbon offsetting and reduction plan for international aviation (CORSICA). The resolution applies to all airlines holding an Aviation Operator Certificate issued by the UAE's General Civil Aviation Authority. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 1-2)

What are the key definitions under this law?

The resolution provides the following key definitions:

  • State: United Arab Emirates
  • ICAO: International Civil Aviation Organization
  • Competent Authority: General Civil Aviation Authority
  • Concerned Authority: Local authority concerned with civil aviation affairs in the concerned emirate
  • Aviation Operator Certificate: Certificate granted to airlines in accordance with the procedures followed by the Competent Authority
  • Annex XVI of Volume VI: The reference document, issued by the ICAO that includes the carbon offsetting and reduction plan for international aviation
  • Operators: All airlines registered in the State and holders of Operation Certificates issued by the Competent Authority, and in compliance with clause (2.1.1) of Annex XVI of Volume IV
  • Chicago Agreement: International Civil Aviation Agreement signed in Chicago on 07 December 1944 and its amendments and annexes

(Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 1)

What are the main obligations and requirements?

The key obligations under this resolution are: 1. All airlines registered in the UAE and holding an Aviation Operator Certificate must commit to implementing all the requirements of Annex XVI of Volume IV of the Chicago Agreement, which relates to the carbon offsetting and reduction plan for international aviation (CORSICA). (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 2) 2. The General Civil Aviation Authority, in coordination with the relevant local authorities, must ensure the effective implementation of the requirements in Annex XVI of Volume IV by all operators in the UAE. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 3) 3. The General Civil Aviation Authority must issue and approve the necessary conditions, procedures, and frameworks to ensure the effective implementation of the Annex XVI requirements by all operators. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 4)

Which authorities or bodies are responsible for enforcement?

The key authorities responsible for enforcing this resolution are: 1. The General Civil Aviation Authority (the Competent Authority): This authority is responsible for ensuring the effective implementation of the Annex XVI requirements by all operators in the UAE, in coordination with the relevant local authorities. It is also tasked with issuing and approving the necessary conditions, procedures, and frameworks for implementation. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 3-4) 2. The Concerned Authority: This refers to the local authority in each emirate that is responsible for civil aviation affairs. The General Civil Aviation Authority must coordinate with these local authorities to ensure compliance. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 3)

What are the penalties for non-compliance?

The legislation does not specify any penalties for non-compliance with the requirements of this Cabinet Resolution. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023)

When did this law come into effect?

This Cabinet Resolution came into effect on 1 April 2023, the day following its publication in the Official Gazette No. 748. (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Art. 6)

How does this law interact with other UAE legislation?

This Cabinet Resolution is issued under the authority of the following UAE laws: - Federal Law (1) of 1972, Concerning the Competences of Ministries and Capacities of Ministers, and its amendments - Federal Law No. (20) of 1991, Promulgating the Civil Aviation Law - Federal Law No. (4) of 1996, Concerning the General Civil Aviation Authority, and its amendments The resolution also references the International Civil Aviation Agreement signed in Chicago in 1944 (the Chicago Agreement) and its annexes, including Annex XVI of Volume IV which outlines the carbon offsetting and reduction plan for international aviation (CORSICA). (Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State, 2023, Preamble)

Source Documents

This article analyses Cabinet Resolution Implementing the Carbon Offsetting and Reduction Plan for International Aviation (Corsica) in the State for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.

Written by Sushant Shukla

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