LegalizeCommission Delegated Regulation (EU) 2025/192 of 9 September 2024 on procedures for the accreditation of verifiers pursuant to Regulation (EU) 2023/1805 of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC (1), and in particular Article 14(5) thereof,
Whereas:
(1) Regulation (EU) 2023/1805 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC of the European Parliament and of the Council (2) lays down provisions for the accreditation of verifiers in Article 14.
(2) Article 14(5) of Regulation (EU) 2023/1805 empowers the Commission to adopt delegated acts in order to supplement that Regulation by establishing further methods and criteria for the accreditation of verifiers on at least the following elements: (i) request for accreditation of verification activities within the scope of the Regulation; (ii) assessment of verifiers by the national accreditation bodies; (iii) surveillance activities performed by the national accreditation bodies to confirm the continuation of the accreditation; (iv) administrative measures to be adopted if the verifier does not fulfil the requirements of the Regulation; and (v) requirements for national accreditation bodies in order to be competent to provide accreditation to verifiers for verification activities within the scope of the Regulation, including a reference to harmonised standards.
(3) Article 14(5) of Regulation (EU) 2023/1805 also states that the methods and criteria specified in such delegated acts shall be based on the principles for verification provided for in Articles 11, 12 and 13 and on relevant internationally accepted standards.
(4) Article 28 of Regulation (EU) 2023/1805 contains provisions on the exercise of delegation.
(5) Regulation (EU) 2023/1805 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC lays down provisions for general obligations and principles for verifiers (Article 12) and for verification procedures (Article 13). The Regulation also determines the relevant verification activities, including an assessment of the monitoring plan and of the modified monitoring plan (Article 11), calculations and the verification of the FuelEU report (Article 16), recording information in the FuelEU database (Article 19), approval of the use of flexibility mechanisms (Articles 20 and 21), and issuance of the FuelEU document of compliance (Article 22).
(6) Commission Implementing Regulation (EU) 2024/2027 (3) (hereinafter the ‘Implementing Regulation on the FuelEU verification activities’) further specifies the rules for the verification activities referred to in Regulation (EU) 2023/1805.
(7) A robust and transparent monitoring, reporting and verification system should be put in place to trace compliance with Regulation (EU) 2023/1805 provisions. Such a system should apply in a non-discriminatory way to all ships and require third-party verification to ensure the accuracy of the data submitted within that system.
(8) Regulation (EC) No 765/2008 of the European Parliament and of the Council (4) lays down a comprehensive framework for the accreditation of conformity assessment bodies that perform conformity assessment activities. Pursuant to Article 14(2) of Regulation (EU) 2023/1805, the relevant provisions of Regulation (EC) No 765/2008 shall apply where no specific provisions on the accreditation of verifiers are laid down in Regulation (EU) 2023/1805.
(9) To ensure impartiality and effectiveness, verifiers should be independent and competent legal entities and should be accredited by national accreditation bodies established pursuant to Regulation (EC) No 765/2008. Verifiers should be equipped with resources, means and staff commensurate with the size of the fleet for which they perform verification activities under this Regulation. Verification should ensure the accuracy and completeness of monitoring and reporting by companies and compliance with this Regulation.
(10) The national accreditation body appointed pursuant to Regulation (EC) No 765/2008 should be empowered to accredit and issue an authoritative statement on the competence of a verifier to perform the verification activities pursuant to the Implementing Regulation on the FuelEU verification activities, adopt administrative measures such as the suspension or withdrawal of the accreditation and carry out the surveillance of verifiers.
(11) Consistency was also sought between this Delegated Regulation and Commission Delegated Regulation (EU) 2023/2917 (5).
(12) For the preparation of this Regulation, the Commission consulted the Working Group on the Implementation of the FuelEU Maritime Regulation that operates as a sub-group to the European Sustainable Shipping Forum (ESSF). This group was established in line with the Commission’s usual practice of consulting experts when preparing draft delegated acts and gathers experts from Member States.
(13) In addition, the ESSF, which also includes industry and other relevant organisations, including civil society, was consulted. The ESSF Sub-Group on Sustainable Alternative Power for Shipping was also consulted on the draft version of this Regulation,
HAS ADOPTED THIS REGULATION:
CHAPTER I
ACCREDITATION OF VERIFIERS
Article 1
Accreditation of verifiers
Where no specific provisions on the accreditation of verifiers are laid down in this Regulation or in Regulation (EU) 2023/1805, the relevant provisions of Regulation (EC) No 765/2008 shall apply.
With respect to the minimum requirements for accreditation and the requirements for accreditation bodies, the harmonised standard pursuant to Regulation (EC) No 765/2008 on general requirements for accreditation bodies that accredit conformity assessment bodies (6) shall apply.
Article 2
Scope of accreditation
The scope of accreditation of verifiers shall cover the activities related to the assessment of monitoring plans, verification of FuelEU reports and partial FuelEU reports, verification of conformity with greenhouse gas (GHG) intensity requirements by calculating the GHG intensity of the energy used on board, the compliance balance, non-compliant port calls and issuance of the FuelEU document of compliance, as provided for in Regulation (EU) 2023/1805.
Article 3
Objectives of the accreditation process
During the accreditation process and annual surveillance of accredited verifiers in accordance with Articles 6 to 11, national accreditation bodies shall assess whether the verifier and its personnel undertaking verification activities:
(a) have the competence to assess monitoring plans, verify FuelEU reports and partial FuelEU reports, verify the conformity with GHG intensity requirements by calculating the GHG intensity of the energy used on board, the compliance balance and non-compliant port calls, and issue a FuelEU document of compliance, as provided for in Regulation (EU) 2023/1805;
(b) apply complete and effective verification methods when assessing the monitoring plans, verifying the FuelEU reports and partial FuelEU reports, verifying of conformity with GHG intensity requirements by calculating the GHG intensity of the energy used on board, the compliance balance, non-compliant port calls and issuing of the FuelEU document of compliance, as provided for in Regulation (EU) 2023/1805;
(c) meet the requirements for verifiers referred to in Chapter IV of the Implementing Regulation on the FuelEU verification activities, including those on impartiality and independence.
Article 4
Requests for accreditation
Requests for accreditation shall contain the information required on the basis of the harmonised standard referred to in Article 1(2).
In addition, prior to the start of the assessment referred to in Article 5, the verifier applying for accreditation (‘the applicant’) shall make available to the national accreditation body information on the following aspects:
(a) the procedures and processes referred to in Article 35(1) of the Implementing Regulation on the FuelEU verification activities and the quality management system referred to in Article 35(3) of the Implementing Regulation on the FuelEU verification activities;
(b) the competence criteria referred to in Article 30(2), points (a) and (b) of the Implementing Regulation on the FuelEU verification activities, the results of the continuous competence process referred to in that Article and other relevant documentation on the competence of all personnel involved in verification activities as referred to in Articles 32 and 33;
(c) the process for ensuring continuous impartiality and independence, as referred to in Article 38 of the Implementing Regulation on the FuelEU verification activities, including relevant records on the impartiality and independence of the applicant and its personnel;
(d) the technical experts and key personnel involved in the assessment of monitoring plans, the verification of FuelEU reports and partial FuelEU reports, and the verification of conformity with GHG intensity requirements by calculating the GHG intensity of the energy used on board, the compliance balance and non-compliant port calls;
(e) the procedures and processes for ensuring appropriate verification, including those on internal verification documentation referred to in Article 36 of the Implementing Regulation on the FuelEU verification activities;
(f) relevant records, as referred to in Article 37 of the Implementing Regulation on the FuelEU verification activities;
(g) all other information requested by the national accreditation body.
Article 5
Assessment
For the purposes of the assessment referred to in Article 3, the assessment team appointed in accordance with Article 12 shall at least:
(a) review all relevant documents and records supplied by the applicant pursuant to Article 4;
(b) carry out a site visit to review a representative sample of internal verification documentation and assess the implementation of the applicant’s quality management system and the procedures or processes for verification activities referred to in Article 35 of the Implementing Regulation on the FuelEU verification activities;
The assessment team shall carry out the activities outlined in paragraph 1 in compliance with the requirements of the harmonised standard referred to in Article 1(2).
The assessment team shall report its findings and any non-conformities to the applicant and request a response, in accordance with the requirements of the harmonised standard referred to in Article 1(2).
The applicant shall take corrective action to address any non-conformities reported pursuant to paragraph 3 and indicate in its response what action it has taken or plans to take within a time set by the national accreditation body to resolve them.
The national accreditation body shall review the response that the applicant makes pursuant to paragraph 4.
Where the national accreditation body finds the applicant’s response or the action taken to be insufficient or ineffective, it shall ask the applicant to submit further information or take further action.
The national accreditation body may also request evidence, or carry out a follow-up assessment, to assess the actual implementation of the corrective action.
Article 6
Decision on accreditation and accreditation certificate
When preparing and taking the decision on whether to grant, extend or renew the accreditation of an applicant, the national accreditation body shall take into account the requirements of the harmonised standard referred to in Article 1(2).
Where the national accreditation body has decided to grant or renew an applicant’s accreditation, it shall issue an accreditation certificate to that effect. The certificate shall be granted for all verification activities pursuant to Regulation (EU) 2023/1805.
The accreditation certificate shall contain at least the information required on the basis of the harmonised standard referred to in Article 1(2).
The accreditation certificate shall be valid for a period not exceeding 5 years after the date on which the national accreditation body has issued that certificate.
Article 7
Annual surveillance
The national accreditation body shall carry out annual surveillance of each verifier to which it has issued an accreditation certificate. That surveillance shall comprise at least:
(a) a site visit as referred to in Article 5(1), point (b);
(b) witnessing the performance and assessing the competence of a representative number of the verifier’s staff in accordance with Article 5(1), point (c).
The national accreditation body shall carry out the first surveillance of a verifier in accordance with paragraph 1 within 12 months of the date on which its accreditation certificate was issued.
Surveillance planning shall allow the national accreditation body to assess representative samples of the verifier’s activities within the scope of the accreditation certificate and the staff involved in the verification activities, in accordance with the requirements of the harmonised standard referred to in Article 1(2).
On the basis of the surveillance results, the national accreditation body shall decide whether to confirm the continuation of accreditation.
Where a verifier carries out verification for a company under the responsibility of the administering State other than the Member State of the national accreditation body that has accredited the verifier, the national accreditation body that has accredited the verifier may ask the national accreditation body of the administering State to carry out surveillance activities on its behalf and under its responsibility.
Article 8
Reassessment
The verifier shall apply for renewal of accreditation in order that the national accreditation body can reassess the verifier and determine whether the certificate may be extended before the expiry date.
Before the expiry of an accreditation certificate that it has issued, the national accreditation body shall reassess the verifier in question to determine whether the certificate may be extended.
Reassessment planning shall ensure that the national accreditation body assesses a representative sample of the verifier’s activities covered by the certificate.
In planning and carrying out the reassessment, the national accreditation body shall satisfy the requirements of the harmonised standard referred to in Article 1(2).
Article 9
Extraordinary assessment
The national accreditation body may conduct an extraordinary assessment of the verifier at any time to ensure that it continues to meet the requirements of this Regulation.
In order to enable the national accreditation body to assess the need for an extraordinary assessment, the verifier shall inform the body immediately of any significant changes relevant to its accreditation concerning any aspect of its status or operation.
Significant changes shall include changes mentioned in the harmonised standard referred to in Article 1(2).
Article 10
Administrative measures
The national accreditation body may suspend or withdraw the accreditation of a verifier where the verifier does not meet the requirements of this Regulation.
The national accreditation body shall suspend or withdraw the accreditation of a verifier where the verifier requests so.
The national accreditation body shall establish, document, implement and maintain a procedure for the suspension and withdrawal of the accreditation in line with the harmonised standard referred to in Article 1(2).
The national accreditation body shall suspend a verifier’s accreditation where the verifier has:
(a) committed a serious breach of the requirements of this Regulation;
(b) persistently and repeatedly failed to meet the requirements of this Regulation;
(c) breached any other specific terms and conditions laid down by the national accreditation body.
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