COMMISSION DELEGATED REGULATION (EU) …/... 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
Date: 2024-03-27
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: common transport policy



PART-2024-122991V2.docx








EXPLANATORY MEMORANDUM


1.CONTEXT OF THE DELEGATED ACT


Regulation (EU) 2023/1805 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC was published in the Official Journal of the European Union on 22 September 2023 and entered into force 20 days later.


Article 14(5) of Regulation (EU) 2023/1805 provides for the Commission to adopt delegated acts in order to supplement the Regulation by establishing further methods and criteria for the accreditation of verifiers.


2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT


The Commission established the Working Group on the Implementation of the FuelEU Maritime Regulation, a sub-group to the European Sustainable Shipping Forum (ESSF), in June 2023. To prepare this Delegated Regulation, the group held a meeting on 7 November 2023. The Commission also consulted the ESSF Sub-Group on Sustainable Alternative Power for Shipping at its meeting on 26 September 2023 on the draft version of this Delegated Regulation.


The documents related to the meetings were sent to both the European Parliament and the Council, as provided for in the Common Understanding on Delegated Acts annexed to the Interinstitutional Agreement on Better Law Making.
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 The observations made by the expert group were taken into account when preparing the draft Delegated Regulation.


Furthermore, online feedback on the text of the Delegated Regulation was collected on the Better Regulation Portal for 4 weeks between dd/mm/yyyy and dd/mm/yyyy. xx contributions were submitted, x from citizens, x from companies, x from non-governmental organisations, x from public authorities, x from a business association and x on behalf of academic institutions.


Summary of input received during the public consultation process. 


3.LEGAL ELEMENTS OF THE DELEGATED ACT


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 the accreditation of verifiers in Article 14. 


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 administrative measures to be adopted if the verifier does not fulfil the requirements of the Regulation; and (iv) 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.


The methods and criteria specified in this Delegated Regulation are based on the principles for verification provided for in Articles 11, 12 and 13 of Regulation (EU) 2023/1805, and on relevant internationally accepted standards.




COMMISSION DELEGATED REGULATION (EU) …/...


of XXX


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 


(Text with EEA relevance)




THE EUROPEAN COMMISSION,


Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) 2023/1805 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC
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, 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 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 administrative measures to be adopted if the verifier does not fulfil the requirements of the Regulation; and (iv) 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 compliance mechanisms (Articles 20 and 21), and issuance of the FuelEU document of compliance (Article 22).


(6)Implementing Regulation (EU) 2024/XXX (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 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
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. 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 Implementing Regulation 2024/XXX (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 of 20 October 2023 on the verification activities, accreditation of verifiers and approval of monitoring plans by administering authorities pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and repealing Commission Delegated Regulation (EU) 2016/2072.
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(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


1.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.


2.With respect to the minimum requirements for accreditation and the requirements for accreditation bodies, the harmonised standard pursuant to Regulation (EC) No765/2008 on general requirements for accreditation bodies that accredit conformity assessment bodies
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 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, calculations of fuel GHG intensity, the compliance balance and non-compliant port calls, and issue a FuelEU document of compliance in accordance with Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures); 


(b)apply complete and effective verification methods when assessing the monitoring plans, verifying the FuelEU reports and partial FuelEU reports, verification 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 the issuance 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 Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures), including those on impartiality and independence. 


Article 4


Requests for accreditation


1.Requests for accreditation shall contain the information required on the basis of the harmonised standard referred to in Article 1(2). 


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 Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures) and the quality management system referred to in Article 35(3) of Implementing Regulation (EU) 2023/XXX (FuelEU verification procedures); 


(b)the competence criteria referred to in Article 30(2), points (a) and (b) of Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures), 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 Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures), 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 Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures); 


(f)relevant records, as referred to in Article 37 of Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures); 


(g)all other information requested by the national accreditation body.


Article 5


Assessment 


1.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 an on-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 Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures); 


(c)witness the performance and competence of a representative number of the applicant’s staff involved in:


i. assessing the monitoring plans; 


ii. verifying the FuelEU reports;  


iii. verifying compliance with GHG intensity requirements by calculating the GHG intensity of the energy used on board, the compliance balance and non-compliant port calls; and 


iv. issuing the FuelEU document of compliance;


to ensure that they operate in accordance with this Regulation. 


2.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). 


3.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). 


4.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. 


5.The national accreditation body shall review the response that the applicant makes pursuant to paragraph 4. 




6.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. 


7.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 


1.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). 


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.


3.The accreditation certificate shall contain at least the information required on the basis of the harmonised standard referred to in Article 1(2). 


4.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 


1.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)an on-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). 


2.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. 


3.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). 


4.On the basis of the surveillance results, the national accreditation body shall decide whether to confirm the continuation of accreditation. 


5.Where a verifier carries out verification for a company under the responsibility of the administering State of a Member 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 other Member State to carry out surveillance activities on its behalf and under its responsibility.


Article 8


Reassessment 


1.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. 




2.Reassessment planning shall ensure that the national accreditation body assesses a representative sample of the verifier’s activities covered by the certificate. 


3.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 


1.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. 


2.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. 


3.Significant changes shall include changes mentioned in the harmonised standard referred to in Article 1(2). 


Article 10


Administrative measures 


1.The national accreditation body may suspend or withdraw the accreditation of a verifier where the verifier does not meet the requirements of this Regulation.


2.The national accreditation body shall suspend or withdraw the accreditation of a verifier where the verifier requests so. 


3.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). 


4.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. 


5.The national accreditation body shall withdraw a verifier’s accreditation where: 


(a)the verifier has failed to remedy the grounds for a decision to suspend the accreditation certificate; 


(b)a member of the verifier’s senior management or a staff member involved in verification activities under this Regulation has been found guilty of fraud; 


(c)the verifier has intentionally provided false information or has intentionally concealed information. 




6.Decisions by a national accreditation body to suspend or withdraw an accreditation in accordance with paragraphs 1, 4 and 5 shall be subject to appeal in accordance with the procedures established by Member States pursuant to Article 5(5) of Regulation (EC) No 765/2008. 


7.Decisions by a national accreditation body to suspend or withdraw accreditation shall take effect after the verifier has been notified of them. The national accreditation body shall consider the impact on activities carried out prior to those decisions in light of the nature of the non-compliance. 


8.The national accreditation body shall terminate the suspension of an accreditation certificate where it has received satisfactory information and concludes that the verifier meets the requirements of this Regulation. 


CHAPTER II


REQUIREMENTS FOR NATIONAL ACCREDITATION BODIES


Article 11


Requirements for national accreditation bodies


1.Where no specific provisions on the requirements for national accreditation bodies are laid down in this Regulation or in Regulation (EU) 2023/1805, the relevant provisions of Regulation (EC) No 765/2008 shall apply. 


2.For the purposes of this Regulation, national accreditation bodies appointed pursuant to Article 4(1) of Regulation (EC) No 765/2008 shall carry out their duties in accordance with the requirements of the harmonised standard referred to in Article 1(2).


Article 12


Assessment team


1.The national accreditation body shall appoint an assessment team for each assessment carried out under the requirements of the harmonised standard referred to in Article 1(2). 


2.An assessment team shall consist of a lead assessor responsible for carrying out an assessment in accordance with this Regulation and, where necessary, a suitable number of assessors or technical experts with relevant knowledge and experience for the specific scope of accreditation. 


3.An assessment team shall include at least one person with the following skills: 


(a)sufficient knowledge of Regulation (EU) 2023/1805 and related secondary legislation, and of relevant guideline-relevant legislation referred to in Article 32(2)(a) of Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures); 


(b)competence and understanding required to assess the verification and knowledge of the characteristics of the various vessel types and of monitoring and reporting of greenhouse gas emissions, fuel consumption and other relevant information pursuant to Regulation (EU) 2023/1805. 


Article 13


Competence requirements for assessors 


1.Assessors shall have the competence to carry out the activities under Articles 5 to 10. To that end, the assessor shall: 


(a)meet the requirements of the harmonised standard referred to in Article 1(2); 




(b)have sufficient knowledge of data and information auditing, as referred to in Article 32(2), point (b) of Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures) obtained through training, or access to a person who has knowledge and experience of such data and information; 


(c)have sufficient knowledge of relevant legislation as well as applicable guidelines as referred to in Article 32(2), point (a) of Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures).


2.In addition to the competence requirements set out in paragraph 1, lead assessors shall demonstrate competence to lead an assessment team and be responsible for carrying out an assessment in accordance with this Regulation. 


3.In addition to the competence requirements set out in paragraph 1, internal reviewers and persons who take decisions on the granting, extending or renewing of an accreditation shall have sufficient knowledge and experience to evaluate the accreditation.


Article 14


Technical experts 


1.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. 


2.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 an expert is requested. In addition, the technical expert shall:


(a)have sufficient knowledge of relevant legislation as well as applicable guidelines, as referred to in Article 32(2), point (a) of Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures);


(b)have a sufficient understanding of verification activities.


3.Technical experts shall undertake specified tasks under the direction and full responsibility of the lead assessor in question. 


Article 15


Complaints


Where the national accreditation body has received a complaint about the verifier from the competent authority of the administering State, the shipping company, the flag State responsible for ships flying the flag of a Member State or other interested parties, the national accreditation body shall, within a reasonable time but no later than 3 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; 


(e)respond to the complainant.


Article 16




Peer evaluation


1.Where national accreditation bodies are subject to regular peer evaluation in accordance with Article 10 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 I;


(b)the national accreditation body that is subject to the peer evaluation has met the requirements laid down in this Chapter.


2.The criteria shall include competence requirements for peer evaluators and peer evaluation teams that are specific to Regulation (EU) 2023/1805.


3.The body recognised under Article 14 of Regulation (EC) No 765/2008 shall publish the outcome of the peer evaluation of a national accreditation body referred to in paragraph 1 and communicate it to the Commission, the national authorities responsible for the national accreditation bodies in the Member States and the competent authority of the administering State or the focal point referred to in Article 19.


4.Notwithstanding Article 10 of Regulation (EC) No 765/2008, 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.


5.To that end, the national accreditation body concerned shall submit a request with the necessary documentation to the body recognised under Article 14 of Regulation (EC) No 765/2008.


6.The body recognised under Article 14 of Regulation (EC) No 765/2008 shall decide whether the conditions for granting an exemption have been met.


7.The exemption shall apply for a period not exceeding 3 years from the date of notification of the decision to the national accreditation body.


Article 17


Mutual recognition of verifiers


Notwithstanding Article 11(2) of Regulation (EC) No 765/2008, 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 that the body recognised under Article 14 of Regulation (EC) No 765/2008 has started a peer evaluation for that national accreditation body and has not identified any non-compliance of the national accreditation body with this Regulation.


Article 18


Monitoring of services delivered


1.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 of the European Parliament and of the Council, that a verifier is not complying with this Regulation, the competent authority of the administering State or national accreditation body of that Member State shall inform the national accreditation body that has accredited the verifier.


2.The national accreditation body that has accredited the verifier shall treat the communication of this information as a complaint within the meaning of Article 15 and shall take appropriate action and respond to the competent authority of the administering State or the national accreditation body in accordance with the second subparagraph of Article 22(3).


CHAPTER III


INFORMATION EXCHANGE


Article 19




Information exchange and focal points


1.Member States shall establish an effective exchange of appropriate information and effective cooperation between their national accreditation body and the competent authority of the administering State.


2.Where more than one authority is designated pursuant to Article 27 of Regulation (EU) 2023/1805 in a Member State, that Member State shall authorise one of those 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 20 


Accreditation work programme and management report


1.By 31 December of each year, the national accreditation body shall make available an accreditation work programme to the competent authority of the administering State of each Member State with the list of verifiers accredited by that national accreditation body. The accreditation work programme shall contain the following information in relation to each verifier:


(a)information on activities that the national accreditation body has planned for that verifier, including surveillance and reassessment activities;


(b)dates of anticipated witness audits to be performed by the national accreditation body to assess the verifier;


(c)information on whether the national accreditation body has requested a national accreditation body from another Member State to carry out surveillance activities pursuant to Article 7(5).


2.Where changes occur in the information referred to in the first subparagraph, the national accreditation body shall submit to the competent authority of the administering State an updated work programme by 31 January of each year.


3.Following the submission of the accreditation work programme in accordance with paragraph 1, the competent authority of the administering State shall provide the national accreditation body with all relevant information, including any applicable national legislation and guidelines.


4.By 1 June of each year, the national accreditation body shall make available a management report to the competent authority of the administering State. The management report shall 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;


(b)summarised results of surveillance and reassessment activities carried out by the national accreditation body;


(c)summarised results of extraordinary assessments that have taken place, including reasons for carrying them out;


(d)any complaints filed against the verifier since the last management report and actions taken by the national accreditation body;


(e)details of actions taken by the national accreditation body in response to the information that is shared by the competent authority of the administering State.


Article 21


Information exchange on administrative measures


If the national accreditation body has imposed administrative measures on the verifier pursuant to Article 10 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 10, the national accreditation body shall inform the competent authority of the administering State and the national accreditation body of each Member State about this.




Article 22


Information exchange by the competent authority of the administering State


1.The competent authority of the administering State responsible for companies for which the verifier is carrying out verification shall communicate at least the following on an annual basis to the national accreditation body that has accredited that verifier:


(a)relevant results from checking the FuelEU report, partial FuelEU reports, verification 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 the verification reports in case the competent authority of the administering State performed additional checks as referred to in Article 17 of Regulation (EU) 2023/1805;


(b)results from the inspection of the shipping company as outlined in Article 17 of Regulation (EU) 2023/1805 where those results are relevant for the national accreditation body concerning the verifier’s accreditation and surveillance or where they include any identified issue of data that did not fulfil the requirements under Regulation (EU) 2023/1805, Directive 2003/87/EC, Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures) or this Regulation;


(c)results from the evaluation of internal verification documentation of that verifier where the competent authority of the administering State has evaluated the documentation;


(d)complaints received by the competent authority of the administering State about that verifier.


2.Where the information referred to in paragraph 1 provides evidence that the competent authority has identified issues in the reported data that did not fulfil the requirements under Regulation (EU) 2023/1805, Directive 2003/87/EC and Implementing Regulation (EU) 2024/XXX (FuelEU verification procedures), the national accreditation body shall consider the communication of that information as a complaint by the competent authority of the administering State about that verifier within the meaning of Article 15.


3.The national accreditation body shall take appropriate action to address such issues and respond to the competent authority of the administering State within a reasonable time, but no later than 3 months from the date of receipt. The national accreditation body shall inform the competent authority of the administering State in its response of the action taken by it and, where relevant, the administrative measures imposed on the verifier.


Article 23


Information exchange on surveillance


1.Where the national accreditation body of the Member State responsible for a company for which the verifier carries out verification has been requested to carry out surveillance activities pursuant to Article 7(5), it shall report its findings to the national accreditation body that has accredited the verifier, unless otherwise agreed between both national accreditation bodies.


2.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.


3.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 of:


(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 24


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 20 shall also be provided to the competent authority of the Member State in which the verifier is established.




Article 25


Databases of accredited verifiers


1.National accreditation bodies shall set up and manage a database that shall be publicly available and contain the following information:


(a)the name, accreditation number and address of each verifier accredited by that national accreditation body;


(b)the date on which the accreditation was granted and its expiry date;


(c)information on administrative measures imposed on the verifier.


2.Any change in the status of verifiers shall be communicated to the Commission by using a relevant standardised template.


3.The body recognised under Article 14 of Regulation (EC) No 765/2008 shall facilitate and harmonise access to the national databases to enable efficient and cost-effective communication between national accreditation bodies, verifiers, shipping companies and competent authorities of the administering State. The body may merge those databases into a single and centralised database.


Article 26


Notification by verifiers


1.For the purposes of enabling the national accreditation body to draft the accreditation work programme and the management report referred to in Article 20, a verifier shall send the following information to the national accreditation body that has accredited it by 15 November of each year:


(a)the planned time and place of the verifications that the verifier is scheduled to perform;


(b)the business address and contact details of the shipping companies whose monitoring plans, emissions reports, partial emissions reports and reports at company level are subject to its verification;


(c)the names of the members of the verification team.


2.Where changes occur in the information referred to in paragraph 1, the verifier shall notify those changes to the accreditation body within a time frame agreed with that national accreditation body.



Article 27


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.


This Regulation shall be binding in its entirety and directly applicable in all Member States.




Done at Brussels,



   For the Commission


   The President

   […]