In brief
On 5 August 2024, Ministerial Resolution No. 435-2024-MTC/01.02 was published, approving the new Regulations on Aeronautical Infractions and Sanctions (“Regulations“). The Regulations establish the classification of infractions related to Law No. 27,261, the Peruvian Civil Aeronautics Law.
The Regulations incorporate Subchapter XV of the Peruvian Aeronautical Regulation (RAP 316) on violations of environmental protection, aircraft noise reduction and the Carbon Offset and Reduction Scheme for International Aviation (CORSIA).
The environmental infractions established in these Regulations are as follows:
| Infringement | Ranking | Fine1 |
|---|---|---|
| Failing to renew or modify aircraft providing commercial aviation services in accordance with the regulations or restrictions on environmental and noise protection adopted by the General Directorate of Civil Aeronautics (DGAC) | Very serious | (A) 30 to 950 Peruvian tax units (UIT) (B) 10 to 300 UIT |
| Failing to comply with the certification standards for aircraft/engine noise (acoustic approval standards) | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Affecting the normal development of the life of the community and the protection of the environment, established in the law, its regulations, the technical annex “Environmental Protection” and/or the provisions issued by the DGAC | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Failing to comply with the established noise abatement restrictions and/or failing to comply with the noise abatement operational procedures outlined in the airport and route manuals, as well as in the corresponding AIPs (aeronautical information publications) | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Not disposing of harmful substances and/or foreign objects on the surface of the aerodrome; allowing hazardous materials and/or flammable liquids to be handled and/or stored, disposed of, and treated on the aerodrome; and not complying with the procedures and/or the manual of the respective aerodrome | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Failing to submit the CO2 emissions monitoring plan in the form established by the DGAC and RAP 316 and/or the rule that replaces it, and failing to report any substantial change to it | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Failing to submit the emissions report to the DGAC for approval or submitting an incomplete report without following the conditions established in RAP 316 | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Failing to report the number of international flights and CO2 emissions per airfield pair (origin-destination) as established in RAP 316 | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Failing to monitor and record fuel usage on international flights and/or failing to apply an acceptable monitoring method | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Allowing the third party to whom the aircraft operator delegates the administrative requirements of RAP 316 to be the same party that provides the verification services | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Claiming emission reductions for the use of CORSIA-eligible fuels, when such fuels do not meet the sustainability criteria and/or lack the sustainability certifications established under the CORSIA | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Granting humanitarian, medical or firefighting flight status to international flights that lack such conditions and/or lack the evidence to justify such status | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Including fuel marketed or sold to a third party as eligible fuel under CORSIA | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Claiming emission reductions for the use of a CORSIA-eligible fuel, when such a claim has also been made under another greenhouse gas reduction scheme | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Claiming emission reductions for the use of a CORSIA-eligible fuel when lacking complete information issued by the fuel producer and/or blender, as required by RAP 316 | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Lacking a verification body for the verification of the emissions report in accordance with ISO 14064 3:2006 and the requirements of RAP 316 | Very serious | (A) 30 to 950 UIT (B) 10 to 300 UIT |
| Failing to correct the errors observed by the DGAC in the surveillance plan by the established deadlines | Serious | (A) 10 to 30 UIT (B) 04 to 10 UIT |
| Failing to submit to the DGAC the copy of the verified emissions report and/or the related verification report, according to the terms and conditions established in RAP 316 and/or as indicated by the DGAC | Serious | (A) 10 to 30 UIT (B) 04 to 10 UIT |
| Lacking the right to audit the records of fuels purchased and considered eligible under CORSIA | Serious | (A) 10 to 30 UIT (B) 04 to 10 UIT |
| Failing to use the surveillance method approved by the DGAC and/or failing to use the CO2 Estimation and Reporting Tool (CERT) | Serious | (A) 10 to 30 UIT (B) 04 to 10 UIT |
| Failing to comply with the procedure for calculating CO2 emissions from the use of aviation fuel, as established in RAP 316 | Serious | (A) 10 to 30 UIT (B) 04 to 10 UIT |
| Conducting air operations without carrying the noise approval certificate on board the aircraft when required | Slight | (A) 0.25 to 10 UIT (B) 0.25 to 04 UIT |
| Failing to address the insufficiency of data through CORSIA’s CERT by the deadlines and under the conditions outlined in RAP 316 | Slight | (A) 0.25 to 10 UIT (B) 0.25 to 04 UIT |
| Failing to submit an updated emissions monitoring plan | Slight | (A) 0.25 to 10 UIT (B) 0.25 to 04 UIT |
| Failing to submit, under the conditions and by the deadlines set out in RAP 316, a copy of the emissions report to the DGAC; and the verification body’s failure to submit the verification report to the DGAC | Slight | (A) 0.25 to 10 UIT (B) 0.25 to 04 UIT |
In addition to the fine, the revocation or suspension of operating permits, flight permits, or technical and/or administrative authorizations granted for performing civil aeronautical activities in general may be ordered.
We hope this information is relevant to you and your company. Please do not hesitate contact us if you require any advice in this regard.
1 Sanctions will be imposed under two scales.
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