LegalizeCommission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance.)
The national accreditation body may include technical experts in the assessment team to provide detailed knowledge and expertise on a specific subject matter needed to support the lead assessor or assessor in carrying out assessment activities.
A technical expert shall have the competence required to support the lead assessor and assessor effectively on the subject matter for which knowledge and expertise of such expert is requested. In addition, the technical expert shall:
- (a) have knowledge of Directive 2003/87/EC, Implementing Regulation (EU) 2018/2066, Delegated Regulation (EU) 2019/331 and Implementing Regulation (EU) 2019/1842 where the technical expert assesses the verifier’s competence and performance for scope no 98 referred to in Annex I of this Regulation, Implementing Regulation (EU)2023/2441 where the technical expert assesses a verifier carrying out verification of a climate-neutrality report, this Regulation, relevant standards, and other relevant legislation as well as applicable guidelines;
- (b) have a sufficient understanding of verification activities.
A technical expert shall undertake specified tasks under the direction and full responsibility of the lead assessor of the assessment team concerned.
Article 61
Procedures
The national accreditation body shall comply with the requirements established pursuant to Article 8 of Regulation (EC) No 765/2008.
Article 62
Complaints
Where the national accreditation body has received a complaint concerning the verifier from the competent authority, the operator, aircraft operator, regulated entity or other interested parties, the national accreditation body shall, within a reasonable time but no later than three months from the date of its receipt:
- (a) decide on the validity of the complaint;
- (b) ensure that the verifier concerned is given the opportunity to submit its observations;
- (c) take appropriate actions to address the complaint;
- (d) record the complaint and action taken; and
- (e) respond to the complainant.
Article 63
Records and documentation
The national accreditation body shall keep records on each person involved in the accreditation process. Those records shall include records related to relevant qualifications, training, experience, impartiality and competence necessary to demonstrate compliance with this Regulation.
The national accreditation body shall keep records of the verifier in line with the harmonised standard pursuant to Regulation (EC) No 765/2008 referred to in Annex III.
Article 64
Access to information and confidentiality
The national accreditation body shall, on a regular basis, make publicly available and update information about the national accreditation body and its accreditation activities.
The national accreditation body shall make, in accordance with point 4 of Article 8 of Regulation (EC) No 765/2008, adequate arrangements to safeguard, as appropriate, the confidentiality of information obtained.
Article 65
Peer evaluation
National accreditation bodies shall subject themselves to a regular peer evaluation.
The peer evaluation shall be organised by the body recognised under Article 14 of Regulation (EC) No 765/2008.
The body recognised under Article 14 of Regulation (EC) No 765/2008 shall implement appropriate peer evaluation criteria and an effective and independent peer evaluation process in order to assess whether:
- (a) the national accreditation body that is subject to the peer evaluation has carried out the accreditation activities in accordance with Chapter IV;
- (b) the national accreditation body that is subject to the peer evaluation has met the requirements laid down in this Chapter.
The criteria shall include competence requirements for peer evaluators and peer evaluation teams that are specific to the system for greenhouse gas emission allowances trading established by Directive 2003/87/EC.
The body recognised under Article 14 of Regulation (EC) No 765/2008 shall publish and communicate the outcome of the peer evaluation of a national accreditation body to the Commission, the national authorities responsible for the national accreditation bodies in the Member States, and the competent authority of Member States or the focal point referred to in Article 70(2).
Without prejudice to paragraph 1, where a national accreditation body has successfully undergone a peer evaluation organised by the body recognised under Article 14 of Regulation (EC) No 765/2008 prior to the entry into force of this Regulation, the national accreditation body shall be exempted from undergoing a new peer evaluation following the entry into force of this Regulation if it can demonstrate conformity with this Regulation.
To that end, the national accreditation body concerned shall submit a request and the necessary documentation to the body recognised under Article 14 of Regulation (EC) No 765/2008.
The body recognised under Article 14 of Regulation (EC) No 765/2008 shall decide whether the conditions for granting an exemption have been met.
The exemption shall apply for a period not exceeding three years from the date of notification of the decision to the national accreditation body.
The national authority entrusted, pursuant to Article 55(2), with the tasks related to the certification of verifiers that are natural persons, pursuant to this Regulation shall meet a level of credibility equivalent to national accreditation bodies that have successfully undergone peer evaluation.
To that end, the Member State concerned shall, immediately following its decisions authorising the national authority to perform certification, provide the Commission and the other Member States with all relevant documentary evidence. No national authority shall certify verifiers for the purposes of this Regulation before the Member State concerned provides that documentary evidence.
The Member State concerned shall periodically review the functioning of the national authority to ensure that it continues to meet the aforementioned level of credibility and shall inform the Commission thereof.
Article 66
Corrective action
Member States shall monitor their national accreditation bodies at regular intervals in order to ensure that they fulfil the requirements of this Regulation on a continuing basis, taking into account the results of the peer evaluation carried out in accordance with Article 65.
Where a national accreditation body does not meet the requirements or fails to fulfil its obligations as laid down in this Regulation, the Member State concerned shall take appropriate corrective action or ensure that such corrective action is taken, and shall inform the Commission thereof.
Article 67
Mutual recognition of verifiers
Member States shall recognise the equivalence of the services delivered by those national accreditation bodies that have successfully undergone a peer evaluation. Member States shall accept the accreditation certificates of verifiers accredited by those national accreditation bodies and respect the right of the verifiers to carry out verification for their scope of accreditation.
Where a national accreditation body has not undergone the complete peer evaluation process, Member States shall accept the accreditation certificates of verifiers accredited by that national accreditation body provided the body recognised under Article 14 of Regulation (EC) No 765/2008 has started a peer evaluation for that national accreditation body and it has not identified any non-compliance of the national accreditation body with this Regulation.
Where the certification of verifiers is carried out by a national authority referred to in Article 55(2), Member States shall accept the certificate issued by such authority and respect the right of certified verifiers to carry out verification for their scope of certification.
Article 68
Monitoring of services delivered
Where a Member State has established, in the course of an inspection carried out in accordance with Article 31(4) of Directive 2006/123/EC, that a verifier is not complying with this Regulation, the competent authority or national accreditation body of that Member State shall inform the national accreditation body that has accredited the verifier.
The national accreditation body that has accredited the verifier shall consider the communication of that information as a complaint within the meaning of Article 62 and shall take appropriate action and respond to the competent authority or the national accreditation body in accordance with the second subparagraph of Article 73(2).
Article 69
Electronic data exchange and use of automated systems
Member States may require verifiers to use electronic templates or specific file formats for verification reports in accordance with Article 74(1) or Article 75u of Implementing Regulation (EU) 2018/2066, in accordance with Article 13 of Delegated Regulation (EU) 2019/331, or in accordance with Article 3(3) of Implementing Regulation (EU) 2019/1842.
Standardised electronic templates or file format specifications may be made available for further types of communication between the operator, aircraft operator, regulated entity, verifier, competent authority and national accreditation body in accordance with Article 74(2) or Article 75u of Implementing Regulation (EU) 2018/2066.
CHAPTER VI INFORMATION EXCHANGE
Article 70
Information exchange and focal points
The Member State shall establish an effective exchange of appropriate information and effective cooperation between their national accreditation body, or where applicable, the national authority entrusted with the certification of verifiers, and the competent authority.
Where more than one competent authority is designated pursuant to Article 18 of Directive 2003/87/EC in a Member State, the Member State shall authorise one of those competent authorities to be the focal point for the exchange of information, for coordinating the cooperation referred to in paragraph 1, and for the activities referred to in this Chapter.
Article 71
Accreditation work programme and management report
By 31 December of each year, the national accreditation body shall make available an accreditation work programme to the competent authority of each Member State containing the list of verifiers accredited by that national accreditation body and which have notified it pursuant to Article 77 that they intend to carry out verifications in those Member States. The accreditation work programme shall at least contain the following information in relation to each verifier:
- (a) the anticipated time and place of the verification, including whether a physical or virtual site visit will be carried out;
- (b) information on activities that the national accreditation body has planned for that verifier, in particular surveillance and reassessment activities;
- (c) dates of anticipated witnessing audits to be performed by the national accreditation body to assess the verifier, including the address and contact details of operators or aircraft operators that will be visited during the witness audit;
- (d) information on whether the national accreditation body has requested the national accreditation body from the Member State in which the verifier is performing the verification to carry out surveillance activities.
Where changes occur in the information referred to in the first subparagraph, the national accreditation body shall submit to the competent authority an updated work programme by 31 January of each year.
Following the submission of the accreditation work programme in accordance with paragraph 1, the competent authority shall provide the national accreditation body with any relevant information, including any relevant national legislation or guidelines.
By 1 June of each year, the national accreditation body shall make available a management report to the competent authority. The management report shall at least contain the following information in relation to each verifier that has been accredited by that national accreditation body:
- (a) accreditation details of verifiers that were newly accredited by that national accreditation body, including the scope of accreditation for these verifiers
- (b) any changes to the scope of accreditation for these verifiers;
- (c) summarised results of surveillance and reassessment activities carried out by the national accreditation body;
- (d) summarised results of extraordinary assessments that have taken place, including reasons for initiating such extraordinary assessments;
- (e) any complaints filed against the verifier since the last management report and the actions taken by the national accreditation body;
- (f) details of action taken by the national accreditation body in response to the information that is shared by the competent authority, unless the national accreditation body has considered the information as a complaint within the meaning of Article 62.
Article 72
Information exchange on administrative measures
If the national accreditation body has imposed administrative measures on the verifier pursuant to Article 54 or if a suspension of the accreditation has been terminated or a decision on appeal has reversed the decision of a national accreditation body to impose administrative measures referred to in Article 54, the national accreditation body shall inform the following parties:
- (a) the competent authority of the Member State where the verifier is accredited;
- (b) the competent authority and the national accreditation body of each Member State where the verifier is carrying out verifications.
Article 73
Information exchange by the competent authority
The competent authority of the Member State where the verifier is carrying out the verification shall annually communicate to the national accreditation body which has accredited that verifier at least the following:
- (a) relevant results from checking the operator’s or aircraft operator’s report or regulated entity’s report and the corresponding verification reports, in particular of any identified non-compliance of that verifier with this Regulation;
- (b) results from the inspection of the operator, aircraft operator or regulated entity where those results are relevant for the national accreditation body concerning the verifier’s accreditation and surveillance or where those results include any identified non-compliance of that verifier with this Regulation;
- (c) results from the evaluation of the internal verification documentation of that verifier where the competent authority has evaluated the internal verification documentation pursuant to Article 26(3);
- (d) complaints received by the competent authority concerning that verifier.
Where the information referred to in paragraph 1 provides evidence that the competent authority has identified non-compliance of the verifier with this Regulation, the national accreditation body shall consider the communication of that information as a complaint by the competent authority concerning that verifier within the meaning of Article 62.
The national accreditation body shall take appropriate action to address such information and respond to the competent authority within a reasonable time, but no later than three months from the date of its receipt. The national accreditation body shall inform the competent authority in its response of the action taken by it and, where relevant, the administrative measures imposed on the verifier.
Article 74
Information exchange on surveillance
Where the national accreditation body of the Member State in which a verifier is performing a verification has been requested, pursuant to Article 50(5), to carry out surveillance activities, that national accreditation body shall report its findings to the national accreditation body that has accredited the verifier, unless otherwise agreed between both national accreditation bodies.
The national accreditation body that has accredited the verifier shall take the findings referred to in paragraph 1 into account when assessing whether the verifier meets the requirements of this Regulation.
Where the findings referred to in paragraph 1 show evidence that the verifier is not complying with this Regulation, the national accreditation body that has accredited the verifier shall take appropriate action pursuant to this Regulation and shall inform the national accreditation body that has carried out surveillance activities on:
- (a) what action has been taken by the national accreditation body that has accredited the verifier;
- (b) where appropriate, how the findings were resolved by the verifier;
- (c) where relevant, what administrative measures have been imposed on the verifier.
Article 75
Information exchange with a Member State where the verifier is established
Where a verifier has been granted accreditation by a national accreditation body in a Member State other than the Member State in which the verifier is established, the accreditation work programme and the management report referred to in Article 71, as well as the information referred to in Article 72, shall also be provided to the competent authority of the Member State in which the verifier is established.
Article 76
Databases of accredited verifiers
National accreditation bodies, or where applicable national authorities referred to in Article 55(2), shall set up and manage a database and allow access to that database to other national accreditation bodies, national authorities, verifiers, operators, aircraft operators, regulated entities and competent authorities.
The body recognised under Article 14 of Regulation (EC) No 765/2008 shall facilitate and harmonise access to the databases to enable efficient and cost-effective communication between national accreditation bodies, national authorities, verifiers, operators, aircraft operators, regulated entities and competent authorities, and may reconcile those databases into a single and centralised database.
The database referred to in paragraph 1 shall contain at least the following information:
- (a) the name and address of each verifier accredited by that national accreditation body;
- (b) the Member States in which the verifier is carrying out verification;
- (c) each verifier's scope of accreditation;
- (d) the date on which the accreditation was granted and the expiry date of the accreditation;
- (e) any information on administrative measures that have been imposed on the verifier.
The information shall be publicly available.
Article 77
Notification by verifiers
For the purposes of enabling the national accreditation body to draft the accreditation work programme and the management report referred to in Article 71, a verifier shall by 15 November of each year send the following information to the national accreditation body that has accredited that verifier:
- (a) the planned time and place of the verifications that the verifier is scheduled to perform, including whether a physical or virtual site visit will be carried out;
- (b) the address and contact details of the operators or aircraft operators whose emission reports, non-CO2 aviation effects reports, baseline data reports, new entrant data reports, annual activity level reports or climate-neutrality reports are subject to its verification;
- (ba) the address and contact details of the regulated entities whose emission reports are subject to verification;
- (c) the names of the members of the verification team and the scope of the accreditation under which the operator’s, aircraft operator’s or regulated entity’s activity falls.
Where changes occur in the information referred to in paragraph 1, the verifier shall notify those changes to the accreditation body within a timeframe agreed with that national accreditation body.
CHAPTER VII FINAL PROVISIONS
Article 78
Repeal of Regulation (EU) No 600/2012 and transitional provisions
Regulation (EU) No 600/2012 is repealed with effect from 1 January 2019 or the date of entry into force of this Regulation, whichever is the later.
References to the repealed Regulation shall be construed as references to this Regulation and read in accordance with the correlation table in Annex IV.
The provisions of Regulation (EU) No 600/2012 shall continue to apply to verification of emissions and, where applicable, activity data occurring prior to 1 January 2019.
Article 79
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2019 or the date of entry into force of this Regulation, whichever is the later.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Scope of accreditation for verifiers
The scope of accreditation of verifiers shall be indicated in the accreditation certificate using the following groups of activities pursuant to Annexes I and Chapter IVa of Directive 2003/87/EC and other activities pursuant to Articles 10a, 10b and 24 of Directive 2003/87/EC. Those provisions shall equally apply to verifiers certified by a national authority in accordance with Article 55(2) of this Regulation.
| Activity Group No. | Scopes of Accreditation |
|---|---|
| 1a | Combustion of fuels in installations, where only commercial standard fuels as defined in Commission Implementing Regulation (EU) 2018/2066 are used, or where natural gas is used in category A or B installations. |
| 1b | Combustion of fuels in installations, without restrictions |
| 1c | Verification of emissions covered by Chapter IVa of Directive 2003/87/EC |
| 2 | Refining of oil |
| 3 | — Production of coke — Metal ore (including sulphide ore) roasting or sintering, including pelletisation — Production of iron or steel (primary or secondary fusion) including continuous casting |
| 4 | — Production or processing of ferrous metals (including ferro-alloys) — Production of secondary aluminium — Production or processing of non-ferrous metals, including production of alloys |
| 5 | Production of primary aluminium or alumina (CO2 and PFC emissions) |
| 6 | — Production of cement clinker — Production of lime or calcination of dolomite or magnesite — Manufacture of glass including glass fibre — Manufacture of ceramic products by firing — Manufacture of mineral wool insulation material — Drying or calcination of gypsum or production of plaster boards and other gypsum products |
| 7 | — Production of pulp from timber or other fibrous materials — Production of paper or cardboard |
| 8 | — Production of carbon black — Production of ammonia — Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes — Production of hydrogen (H2) and synthesis gas — Production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3) |
| 9 | — Production of nitric acid (CO2 and N2O emissions) — Production of adipic acid (CO2 and N2O emissions) — Production of glyoxal and glyoxylic acid (CO2 and N2O emissions) |
| 10 | — Capture of greenhouse gases from installations covered by Directive 2003/87/EC for the purpose of transport and geological storage in a storage site permitted under Directive 2009/31/EC — Transport of greenhouse gases for geological storage in a storage site permitted under Directive 2009/31/EC, with the exclusion of those emissions covered by another activity listed in Annex I to Directive 2003/87/EC |
| 11 | Geological storage of greenhouse gases in a storage site permitted under Directive 2009/31/EC |
| 12a | Aviation activities (emissions data) |
| 12b | Aviation activities (non-CO2 aviation effects) |
| 98 | Other activities pursuant to Article 10a and 10b(4), third and fourth subparagraph, of Directive 2003/87/EC |
| 99 | Other activities, included by a Member State pursuant to Article 24 of Directive 2003/87/EC, to be specified in detail in the accreditation certificate |
ANNEX II
Requirements on verifiers
With respect to the requirements on verifiers, the harmonised standard pursuant to Regulation (EC) No 765/2008 concerning requirements for greenhouse gas validation and verification bodies for use in accreditation or other forms of recognition, shall apply. In addition, the following procedures, processes and arrangements referred to in Article 41(1), shall apply:
- (a) a process and policy for communication with the operator, aircraft operator or regulated entity and other relevant parties;
- (b) adequate arrangements to safeguard the confidentiality of information obtained;
- (c) a process for dealing with appeals;
- (d) a process for dealing with complaints (including indicative timescale);
- (e) a process for issuing a revised verification report where an error in the verification report, operator’s or aircraft operator’s report or regulated entity’s report has been identified after the verifier has submitted the verification report to the operator, aircraft operator or regulated entity for onwards submission to the competent authority;
- (f) a procedure or process for outsourcing verification activities to other organisations;
- (g) a procedure or process to ensure that the verifier takes full responsibility for verification activities performed by contracted individuals;
- (h) processes ensuring the proper functioning of the management system as referred to in Article 41(2), including:
- i. processes for the review of management system at least once a year, not exceeding 15 months between management reviews;
- ii. processes for conducting internal audits at least once a year, not exceeding 15 months between internal audits;
- iii. processes for identifying and managing non-conformities in the verifier’s activities and taking corrective action to address those non-conformities;
- iv. processes for identifying risks and opportunities in verifier’s activities and taking preventive actions to mitigate those risks;
- v. processes for the control of documented information.
ANNEX III
Minimum requirements of the accreditation process and requirements on accreditation bodies
With respect to the minimum requirements for accreditation, and the requirements for accreditation bodies, the harmonised standard pursuant to Regulation (EC) No 765/2008 concerning general requirements for accreditation bodies accrediting conformity assessment bodies shall apply.
ANNEX IV
Correlation table
| Commission Regulation (EU) No 600/2012 | This Regulation |
|---|---|
| Article 1 to 31 | Article 1 to 31 |
| — | Article 32 |
| Article 32 to 78 | Article 33 to 79 |
| Annex I to III | Annex I to III |
| — | Annex IV |
[^E0001]: Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes (OJ, L 282, 4.11.2019, p. 20).
[^E0002]: Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8, ELI: http://data.europa.eu/eli/reg_del/2019/331/oj).
[^E0003]: Commission Implementing Regulation (EU) 2023/2441 of 31 October 2023 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards the content and format of climate-neutrality plans needed for granting free allocation of emission allowances (OJ L, 2023/2441, 3.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2441/oj).
[^E0004]: Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry (OJ L 177, 2.7.2019, p. 3, ELI: http://data.europa.eu/eli/reg_del/2019/1122/oj).
[^E0005]: Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51, ELI: http://data.europa.eu/eli/dir/2003/96/oj).
[^E0006]: Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58, 27.2.2020, p. 4, ELI: http://data.europa.eu/eli/dir/2020/262/oj).
[^E0007]: Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty, (OJ L 58, 27.2.2020, p. 4, ELI: http://data.europa.eu/eli/dir/2020/262/oj).
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