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Brazil: ANAC publishes resolution regulating the monitoring and offsetting of carbon dioxide emissions under CORSIA

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In brief

The National Civil Aviation Agency (ANAC) published Resolution No. 743 of 15 May 2024, which regulates the monitoring and offsetting of carbon dioxide emissions (CO2) on international flights under the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). The resolution comes into force on 1 January 2025. 

More details 

The new rule deals with the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), a program of the International Civil Aviation Organization (ICAO) that promotes the reduction and offsetting of CO2 emissions from international flights.

The respective regulation establishes the duty to monitor CO2 emissions, when there are emissions of exceeding 10,000 (ten thousand) tons of CO2 , calculated over a calendar year, for flights using fixed-wing aircraft with a maximum take-off weight of 5,700 kg. This monitoring will begin on 1st January of the following year in which the operator exceeded the established amount of emissions.

In addition, monitoring must be carried out in accordance with the Emissions Monitoring Plan drawn up by the air operator and approved by ANAC.

In order to account for CO2 emissions, three-compliance-year cycles have been established between 2024 and 2035, within which the quantities of CO2 will be calculated and consolidated for compensation purposes.

Those subject to monitoring must submit an Emissions Report accompanied by a Verification Report to ANAC every year by April 30 of the year immediately following the monitoring.

The resolution also provides for the imposition of fines ranging from BRL 25,000.00 to BRL 120,000.00, and BRL 50.00 per ton of CO2 not offset in the case of “failing to cancel all of the final offsetting obligations for a compliance period in accordance with the standards established in this Resolution”. It should be noted that the imposition of a fine does not exempt compliance with offsetting obligations, nor does it extinguish the obligation that has not been complied with.

Finally, previous Resolutions No. 496/2018 and No. 558/2020 dealing with the issue were repealed.

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Renata Campetti Amaral joined the firm in 2002 and became a partner in 2013. She is the head of the firm’s Climate Change, Environmental Law and Sustainability group in Brazil, and the leader of Ablfs McKfnzif’s global climate change group in Latin America. Is also the coordinator of the sustainability initiatives conducted by the office’s B-Green Committee. Renata assists the major players in the Brazilian market in Nature-bases Solution (NbS) projects, transaction of carbon credits, implementation of decarbonization strategies and carbon-related advocacy and regulatory matters. Renata leads several of the largest environmental and regularization cases in the country. She has extensive experience in sustainability matters, as well as in managing crises and negotiating with stakeholders. Advises on negotiating with authorities; judicial and administrative litigation; reviewing environmental aspects of institutions and financial operations; drafting environmental provisions in contracts and other commercial operations. Renata has extensive experience in dealing with environmental management, legal auditing and other organizational practices; regulatory and institutional analysis and environmental control; negotiation and implementation of environmental remediation plans; environmental licensing; legal aspects of biodiversity protection; environmental crisis management; development of preventive policies and strategies for companies; negotiation and drafting of contracts for the purchase and sale of carbon credits and acting in transactions related to various aspects of the energy transition.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Alexandre Salomão Jabra joined the firm in 2010. He integrates the environmental, consumer and sustainability practice group, with focus on consultancies, administrative procedures lawsuits and negotiations. In the environmental area, Alexandre has a wide breadth of experience in cases involving contamination, environmental and urbanistic licensing procedures, environmental liability, management of solid wastes and take-back requirements, effluents, electromagnet pollution, air emissions, forestry matters, protected areas and minorities, biodiversity, controlled chemicals products, socio and environmental liability of financial institutions, climate change, carbon markets and urbanistic regularization. In the consumer area, Alexandre has experience with consultations, administrative and judicial procedures related to Consumer Law issues with federal, state and municipal agencies, such as DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, offers, data protection, misleading and abusive advertising, privacy, e-commerce, abusive clauses, commercial practices, terms and conditions and violations to the Brazilian Consumer Defense Code. Alexandre represents several clients in the oil&gas, automotive, chemicals, technology, food, communications, mining, finance and services sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Daniela Geib joined the Firm in 2023.She integrates the environmental practice group. Daniela has a wide breadth of experience in the due diligence projects, consultancy issues, judicial and administrative proceedings in themes such as environmental licensing, climate risks, environmental regulation, management of solid waste and reverse logistics, contaminated areas, among other subjects.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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