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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

Type Delegated Regulation

Publication 2023-10-20

Last updated 2026-04-15

State In force

Department European Commission, CLIMA

Source EUR-Lex

articles 80

Reform history JSON API

(e) process for assessing whether the verification engagement falls within the scope of the verifier’s accreditation, and whether the verifier has the competence, personnel and resources required to select the verification team and successfully complete the verification activities within the timeframe required.

In evaluating the competence of the personnel pursuant to the first subparagraph, point (c), the verifier shall assess that competence against the competence criteria referred to in the first subparagraph, points (a) and (b).

The process referred to in the first subparagraph, point (e), shall also include a process for assessing whether the verification team holds all the competence and personnel required to carry out verification activities for a specific company.

The verifier shall develop general and specific competence criteria which are in conformity with the criteria laid down in Article 38(4) and Articles 39, 40 and 41.

The verifier shall monitor regularly, and at least annually, the performance of all personnel undertaking verification activities in order to confirm their continued competence.

The verifier shall regularly review the continued competence process referred to in paragraph 1 to ensure that:

(a) the competence criteria referred to in paragraph 2, first subparagraph, points (a) and (b), are developed in accordance with the competence requirements under this Regulation;

(b) all issues that may be identified related to the setting of the general and specific competence criteria pursuant to paragraph 2, first subparagraph, points (a) and (b), are addressed;

The verifier shall have a system for recording the results of the activities carried out in the competence process referred to in paragraph 1.

A sufficiently competent evaluator shall assess the competence and performance of a shipping MRV auditor and shipping MRV lead auditor.

The competent evaluator shall monitor those auditors during the verification of an emissions report or partial emissions report on the site of the company as appropriate, to determine whether they meet the competence criteria.

If a member of personnel fails to demonstrate that the competence criteria for a specific task allocated to that member have been fully met, the verifier shall identify and organise additional training or supervised work experience. The verifier shall monitor that member until the member demonstrates to the verifier that the member meets the competence criteria.

Article 38

Verification teams

For each particular verification engagement, the verifier shall assemble a verification team capable of performing the verification activities referred to in Articles 4 to 36.

The verification team shall consist of one shipping MRV lead auditor and, where appropriate in the light of the verifier’s understanding of the complexity of the tasks to be carried out and its ability to conduct the necessary risk analysis, a suitable number of shipping MRV auditors and technical experts.

For the independent review of the verification activities related to a particular verification engagement, the verifier shall appoint an independent reviewer who shall not be part of the verification team.

Team members shall have a clear understanding of their specific role in the verification process and shall be able to communicate effectively in the language required to perform their verification tasks and to examine the information submitted by the company.

Where the verification team consists of one person, that person shall meet all the competence requirements for the shipping MRV auditor and the shipping MRV lead auditor and meet the requirements laid down in paragraph 4.

Article 39

Competence requirements for shipping MRV auditors and shipping MRV lead auditors

Shipping MRV auditors shall have the competence to assess monitoring plans and verify emissions reports, partial emissions reports and reports at company level in accordance with Regulation (EU) 2015/757, Directive 2003/87/EC and this Regulation.

To that end, shipping MRV auditors shall have, at least:

(a) knowledge of Regulation (EU) 2015/757, Directive 2003/87/EC, this Regulation, Implementing Regulation (EU) 2016/1927, Implementing Regulation (EU) 2016/1928, other relevant legislation, standards and applicable guidelines, as well as relevant guidelines and legislation issued by the Member State in which the verifier is established or the Member State of the administering authority responsible for the company for which the verifier is carrying out verification;

(c) the ability to perform the activities related to the verification of an emissions report, partial emissions report or report at company level as required by Articles 4 to 36.

In addition, sector-specific knowledge and experience of relevant aspects as specified in Annex I to this Regulation shall be taken into consideration by verifiers for the purposes of assessing monitoring plans and verifying emissions reports, partial emissions reports and reports at company level.

A shipping MRV lead auditor shall meet the competence requirements for a shipping MRV auditor and shall have demonstrated competence to lead a verification team and to be responsible for carrying out the verification activities in accordance with this Regulation.

Article 40

Competence requirements for independent reviewers

The independent reviewer shall have the appropriate authority to review the draft conclusions on the assessment of the monitoring plan, the draft verification report and internal verification documentation pursuant to Articles 8, 23 and 36.

The independent reviewer shall meet the competence requirements applying to shipping MRV lead auditors, as referred to in Article 39(4).

In order to assess whether the internal verification documentation is complete and whether enough evidence has been gathered in the course of the verification activities, the independent reviewer shall have the necessary competence to:

(a) analyse the information provided and confirm its completeness and integrity;

(b) challenge missing or contradictory information;

(c) check data trails to assess whether the internal verification documentation is complete and provides sufficient information to support the draft conclusions on the assessment of the monitoring plan, the draft verification report and conclusions examined in the internal review.

Article 41

Use of technical experts

When carrying out verification activities, a verifier may use technical experts to provide detailed knowledge and expertise on a specific subject matter needed to support the shipping MRV auditor and shipping MRV lead auditor in carrying out their verification activities.

Where the independent reviewer does not have the competence to assess a particular issue in the review process, the verifier shall request the support of a technical expert.

The technical expert shall have the competence and expertise required to support the shipping MRV auditor and the shipping MRV lead auditor, or the independent reviewer, where necessary, effectively on the subject matter for which knowledge and expertise of such expert is requested. In addition, the technical expert shall have a sufficient understanding of the issues referred to in Article 39.

The technical expert shall undertake specified tasks under the direction and full responsibility of the independent reviewer or of the shipping MRV lead auditor of the verification team in which the technical expert is operating.

Article 42

Procedures for verification activities

Verifiers shall establish, document, implement and maintain one or more procedures and processes for the verification activities described in Articles 4 to 36.

When establishing and implementing such procedures and processes, the verifier shall carry out the activities in accordance with 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 (13).

Verifiers shall establish, document, implement and maintain a quality management system to ensure consistent development, implementation, improvement and review of the procedures and processes in accordance with the harmonised standard referred to in paragraph 2.

The quality management system shall include the following:

(a) policies and responsibilities;

(b) management review;

(d) corrective action;

(e) actions to address risk and opportunities and to take preventive action;

(f) control of documented information.

In addition, verifiers shall establish the following procedures, processes and arrangements in accordance with the harmonised standard referred to in paragraph 2:

(a) a process and policy for communication with the company;

(b) adequate arrangements to safeguard the confidentiality of information obtained;

(d) a process for dealing with complaints (including indicative timescale) of the companies;

(e) a process for issuing a revised verification report where an error in the verification report, emissions report, partial emissions report or report at company level is identified after the verifier has submitted the verification report to the company;

(f) a procedure or process for outsourcing verification activities to other organisations;

(g) a procedure or process to ensure the verifier takes full responsibility for verification activities performed by contracted individuals;

Article 43

Internal verification documentation

The verifier shall prepare and compile internal verification documentation containing at least:

(a) the results of the verification activities performed;

(b) the verification plan, the strategic analysis and the risk analysis;

(c) sufficient information to support the assessment of the monitoring plan and of the draft verification report, including justifications for judgments as to whether or not misstatements were material.

The internal verification documentation shall be drafted in such a way that the independent reviewer referred to in Articles 8, 23 and 36 and the national accreditation body are able to assess whether the verification has been performed in accordance with this Regulation.

The verifier shall, upon request, provide the administering authority responsible with access to the internal verification documentation and other relevant information to facilitate an evaluation of the verification by the administering authority responsible. The administering authority responsible may set a timeframe within which the verifier shall provide access to that documentation.

Article 44

Records and communication

Verifiers shall maintain and manage records to demonstrate compliance with this Regulation, including as regards the competence and impartiality of their personnel.

A verifier shall, on a regular basis, make information available to the company in accordance with the harmonised standard referred to in Article 42(2).

Verifiers shall safeguard the confidentiality of information obtained in the course of the verification, in accordance with the harmonised standard referred to in Article 42(2).

Article 45

Impartiality and independence

A verifier shall be independent from the company and impartial in carrying out its verification activities.

To ensure independence and impartiality, the verifier and any part of the same legal entity shall not be a company as defined in Article 3, point (d), of Regulation (EU) 2015/757, the owner of such a company or owned by such a company, nor shall the verifier have relations with the company that could affect its independence and impartiality. The verifier shall also be independent from bodies that trade emission allowances under the greenhouse gas emission allowances trading system established pursuant to Article 19 of Directive 2003/87/EC.

Verifiers shall be organised in such a way as to safeguard their objectivity, independence and impartiality. For the purposes of this Regulation, the relevant requirements laid down in the harmonised standard referred to in Article 42(2) shall apply.

Verifiers shall not carry out verification activities for a company that poses an unacceptable risk to their impartiality or in respect of which they have a conflict of interests. The verifier shall not use personnel or contracted persons in the assessment of a monitoring plan or in the verification of an emissions report, partial emissions report or report at company level that involves an actual or potential conflict of interest. The verifier shall also ensure that the activities of personnel or organisations do not affect the confidentiality, objectivity, independence and impartiality of the verification. For this purpose, the verifier shall monitor the risks to impartiality and take appropriate action to address those risks.

An unacceptable risk to impartiality or a conflict of interests shall be considered to have arisen, inter alia, where a verifier, or any part of the same legal entity, provides:

(a) consulting services to develop part of the monitoring and reporting process described in the monitoring plan, including development of the monitoring methodology, drafting of the emissions report, the partial emissions report or report at company level, and drafting of the monitoring plan;

(b) technical assistance to develop or maintain the system for monitoring and reporting emissions or other relevant information under Regulation (EU) 2015/757.

A conflict of interest for a verifier in the relations between it and the company shall be considered to have arisen in particular in either of the following cases:

(a) where the relationship between the verifier and the company is based on common ownership, common governance, common management or personnel, shared resources, common finances and common contracts or marketing;

(b) where the company has received consulting services referred to in paragraph 4, point (a), or technical assistance referred to in paragraph 4, point (b), from a consultancy body, technical assistance body or another organisation having relations with the verifier and threatening the impartiality of the verifier.

For the purposes of the first subparagraph, point (b), the verifier’s impartiality shall be considered compromised where the relations between the verifier and the consultancy body, technical assistance body or the other organisation are based on common ownership, common governance, common management or personnel, shared resources, common finances, common contracts or marketing and common payment of sales commission or other inducement for the referral of new clients.

Verifiers shall not outsource the independent review or the issuance of the verification reports.

Where verifiers outsource other verification activities, they shall meet the relevant requirements laid down in the harmonised standard referred to in Article 42(2).

However, contracting individuals to carry out verification activities shall not constitute outsourcing for the purposes of the first subparagraph if the verifier, when contracting those persons, takes full responsibility for the verification activities performed by contracted personnel. When contracting individuals for carrying out verification activities, the verifier shall require those individuals to sign a written agreement that they comply with the procedures of the verifier and that there is no conflict of interest in carrying out those verification activities.

Verifiers shall establish, document, implement and maintain a process to ensure their continuous impartiality and independence, and those of the parts of the same legal entity, of other organisations referred to in paragraph 5, and of all personnel and contracted persons involved in the verification. That process shall include a mechanism to safeguard the impartiality and independence of the verifier and meet the relevant requirements laid down in the harmonised standard referred to in Article 42(2).

When verifying the same company as in the previous year, the verifier shall assess the risk to impartiality and take measures to reduce the risk to impartiality.

10.

If the shipping MRV lead auditor undertakes annual verifications of reports at company level for a period of six consecutive years for a given company, the shipping MRV lead auditor shall take a three consecutive years break from providing verification of reports at company level for that same company. The six years maximum period includes verifications of reports at company level performed for the company starting after the entry into force of this Regulation.

CHAPTER IV

ACCREDITATION OF VERIFIERS

Article 46

Accreditation of verifiers

Where no specific provisions concerning the accreditation of verifiers are laid down in this Regulation or Regulation (EU) 2015/757, 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 concerning general requirements for accreditation bodies accrediting conformity assessment bodies (14) shall apply.

Article 47

Scope of accreditation

The scope of accreditation of verifiers shall cover the assessment of monitoring plans and the verification of emissions reports, partial emissions reports and reports at company level.

Article 48

Objectives of the accreditation process

In the course of the accreditation process and of the annual surveillance of accredited verifiers, in accordance with Articles 50 to 55, national accreditation bodies shall assess whether the verifier and its personnel undertaking verification activities:

(a) have the competence to assess monitoring plans and verify emissions reports, partial emissions reports and reports at company level in accordance with this Regulation;

(b) are in fact assessing monitoring plans and verifying emissions reports, partial emissions reports and reports at company level in accordance with this Regulation;

(c) meet the requirements for verifiers referred to in Articles 37 to 45, including those regarding impartiality and independence.

Article 49

Requests for accreditation

Requests for accreditation shall contain the information required on the basis of the harmonised standard referred to in Article 46(2).

In addition, prior to the start of the assessment referred to in Article 50, 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 42(1) and the quality management system referred to in Article 42(3);

(b) the competence criteria referred to in Article 37(2), points (a) and (b), 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 39 and 40;

(c) the process for ensuring continuous impartiality and independence, as referred to in Article 45(8), 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 and verification of emissions reports, partial emissions reports and reports at company level;

(e) the procedures and processes for ensuring appropriate verification, including those concerning the internal verification documentation referred to in Article 43;

(f) relevant records, as referred to in Article 44;

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

Article 50

Assessment

For the purposes of the assessment referred to in Article 48, the assessment team appointed in accordance with Article 57 shall, at least:

(a) review all relevant documents and records supplied by the applicant pursuant to Article 49;

(b) carry out an on-site visit to review a representative sample of the 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 42;

(c) witness the performance and competence of a representative number of the applicant’s staff involved in assessing monitoring plans and verifying emissions reports, partial emissions reports and reports at company level to ensure that they operate in accordance with this Regulation.

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 46(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 46(2).

The applicant shall take corrective action to address any non-conformities reported pursuant to paragraph 3 and submit a response with an indication of 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 submits 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 of, or carry out a follow-up assessment to assess, the actual implementation of the corrective action.

Article 51

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 46(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 accreditation certificate shall be granted for all verification activities pursuant to Regulation (EU) 2015/757.

The accreditation certificate shall contain at least the information required on the basis of the harmonised standard referred to in Article 46(2).

The accreditation certificate shall be valid for a period not exceeding five years after the date on which the national accreditation body has issued that certificate.

Article 52

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) an on-site visit as referred to in Article 50(1), point (b);

(b) witnessing the performance and assessing the competence of a representative number of the verifier’s staff in accordance with Article 50(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.

The 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 of the staff involved in the verification activities, in accordance with the requirements of the harmonised standard referred to in Article 46(2).

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

Where a verifier carries out verification for a company assigned to the administering authority in respect of a shipping company 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 that other Member State to carry out surveillance activities on its behalf and under its responsibility.

Article 53

Reassessment

Before the expiry of an accreditation certificate which it has issued, the national accreditation body shall reassess the verifier in question to determine whether the validity of the certificate can be extended.

The 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 46(2).

Article 54

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 that body forthwith of any significant changes relevant to its accreditation concerning any aspect of its status or operation.

Those significant changes shall include changes mentioned in the harmonised standard referred to in Article 46(2).

Article 55

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 so requests.

The national accreditation body shall establish, document, implement and maintain a procedure for the suspension and the withdrawal of the accreditation in line with the harmonised standard referred to in Article 46(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;

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 top management of the verifier or a verifier’s staff involved in verification activities under this Regulation has been found guilty of fraud;

Decisions of 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.

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

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 V

REQUIREMENTS FOR NATIONAL ACCREDITATION BODIES

Article 56

Requirements for national accreditation bodies

Where no specific provisions concerning the requirements for national accreditation bodies are laid down in this Regulation or Regulation (EU) 2015/757, the relevant provisions of Regulation (EC) No 765/2008 shall apply.

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 functions in accordance with the requirements of the harmonised standard referred to in Article 46(2).

Article 57

Assessment team

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 46(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.

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

(a) sufficient knowledge of Regulation (EU) 2015/757, Directive 2003/87/EC, this Regulation and other relevant legislation referred to in Article 39(2), point (a);

(b) competence and understanding required to assess the verification activities referred to in Articles 4 to 36 and sufficient knowledge of the characteristics of the various types of vessels and of monitoring and reporting of greenhouse gas emissions, fuel consumption and other relevant information pursuant to Regulation (EU) 2015/757.

Article 58

Competence requirements for assessors

Assessors shall have the competence to carry out the activities under Articles 50 to 55. To that end, the assessor shall:

(a) meet the requirements of the harmonised standard referred to in Article 46(2);

(b) have sufficient knowledge of data and information auditing, as referred to in Article 39(2), point (b), 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 39(2), point (a).

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.

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

Article 59

Technical experts

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.

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 sufficient knowledge of relevant legislation as well as applicable guidelines as referred to in Article 39(2), point (a);

(b) have a sufficient understanding of verification activities.

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

Article 60

Complaints

Where the national accreditation body has received a complaint concerning the verifier from the administering authority in respect of a shipping company, the company, the flag State concerned 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 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;

(d) record the complaint and action taken;

(e) respond to the complainant.

Article 61

Peer evaluation

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 Articles 46 to 55;

(b) the national accreditation body that is subject to the peer evaluation has met the requirements laid down in Articles 56 to 63.

The criteria shall include competence requirements for peer evaluators and peer evaluation teams that are specific to Regulation (EU) 2015/757 and 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 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 administering authorities in respect of a shipping company or the focal point referred to in Article 64 of this Regulation.

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.

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.

Article 62

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 that it has not identified any non-compliance of the national accreditation body with this Regulation.

Article 63

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 of the European Parliament and of the Council (15), that a verifier is not complying with this Regulation, the administering authority in respect of a shipping company 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 treat the communication of that information as a complaint within the meaning of Article 60 and shall take appropriate action and respond to the administering authority in respect of a shipping company or the national accreditation body in accordance with Article 67(2), second subparagraph.

CHAPTER VI

INFORMATION EXCHANGE

Article 64

Information exchange and focal points

The Member State shall establish an effective exchange of appropriate information and effective cooperation between their national accreditation body and the administering authority in respect of a shipping company.

Where more than one authority is designated pursuant to Article 18 of Directive 2003/87/EC 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 Articles 64 to 71.

Article 65

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 administering authority in respect of a shipping company of each Member State containing 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 witnessing audits to be performed by the national accreditation body to assess the verifier;

(c) information on whether the national accreditation body has requested the national accreditation body from another Member State to carry out surveillance activities pursuant to Article 52(5).

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

Following the submission of the accreditation work programme in accordance with paragraph 1, the administering authority in respect of a shipping company shall provide the national accreditation body with any relevant information, including any applicable national legislation and guidelines.

By 1 June of each year, the national accreditation body shall make available a management report to the administering authority in respect of a shipping company. 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 initiating such extraordinary assessments;

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

(e) details of action taken by the national accreditation body in response to the information that is shared by the administering authority in respect of a shipping company.

Article 66

Information exchange on administrative measures

If the national accreditation body has imposed administrative measures on the verifier pursuant to Article 55 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 55, the national accreditation body shall inform the administering authority in respect of a shipping company and the national accreditation body of each Member State thereof.

Article 67

Information exchange by the administering authority in respect of a shipping company

The administering authority responsible shall annually communicate to the national accreditation body which has accredited the verifier carrying out verification for a company under its responsibility at least the following:

(a) relevant results from checking the emissions report, partial emissions reports, reports at company level and the verification reports, in particular of any issue of reported data that did not fulfil the requirements under Regulation (EU) 2015/757, Directive 2003/87/EC, Implementing Regulation (EU) 2016/1927, Implementing Regulation (EU) 2016/1928 or this Regulation;

(b) results from the inspection of the company where those results are relevant for the national accreditation body concerning the verifier’s accreditation and surveillance or where those results include any identified issue of data that did not fulfil the requirements under Regulation (EU) 2015/757, Directive 2003/87/EC, Implementing Regulation (EU) 2016/1927, Implementing Regulation (EU) 2016/1928 or this Regulation;

(c) results from the evaluation of the internal verification documentation of that verifier where the administering authority in respect of a shipping company has evaluated the internal verification documentation pursuant to Article 43(3);

(d) complaints received by the administering authority in respect of a shipping company concerning that verifier.

Where the information referred to in paragraph 1 provides evidence that the administering authority in respect of a shipping company has identified issues in the reported data that did not fulfil the requirements under Regulation (EU) 2015/757, Directive 2003/87/EC, Implementing Regulation (EU) 2016/1927, Implementing Regulation (EU) 2016/1928 or this Regulation, the national accreditation body shall treat the communication of that information as a complaint by the administering authority in respect of a shipping company concerning that verifier within the meaning of Article 60.

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

Article 68

Information exchange on surveillance

Where the national accreditation body of the Member State responsible for a company for which the verifier carries out verification has been requested, pursuant to Article 52(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 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;

Article 69

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 65 shall also be provided to the administering authority in respect of a shipping company of the Member State in which the verifier is established.

Article 70

Databases of accredited verifiers

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

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

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

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

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, companies and administering authorities in respect of a shipping company. The body recognised under Article 14 of Regulation (EC) No 765/2008 may merge those databases into a single and centralised database.

Article 71

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 65, 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;

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

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

APPROVAL OF MONITORING PLANS BY ADMINISTERING AUTHORITIES

SECTION 1

Approval of monitoring plans

Article 72

General rules for the approval of monitoring plans by administering authorities responsible

For the purpose of approving monitoring plans pursuant to Article 6(8) of Regulation (EU) 2015/757, each administering authority responsible shall take the necessary measures to ensure that the monitoring plans are in compliance with the requirements set out in Article 6 and Annexes I and II to that Regulation, taking due account of the verifier’s conclusions on the assessment of monitoring plans.

Article 73

Information to be provided by companies to the administering authorities responsible

The company shall provide the administering authority responsible with the verifier’s conclusions of the assessment of the monitoring plan and any additional information that enables it to carry out the approval procedures.

Article 74

Approval process

The administering authority responsible shall notify the company of the approval of the monitoring plan without undue delay, using automated systems and data exchange formats.

Where the administering authority responsible does not approve the monitoring plan, it shall inform the company thereof without undue delay, explaining the reasons for the non-approval in order to allow the company to revise its monitoring plan.

The company concerned shall revise its monitoring plan accordingly. The company shall submit the revised monitoring plan for a reassessment by the verifier, together with the reasons for the non-approval by the administering authority responsible. Once the revised monitoring plan has been assessed by the verifier as being in conformity with the requirements laid down in Articles 6 and 7 of Regulation (EU) 2015/757, the company shall resubmit it for approval to the administering authority responsible.

SECTION 2

Approval of modifications to monitoring plans

Article 75

General rules for the approval of modifications to monitoring plans by administering authorities responsible

The company shall submit without undue delay its modified monitoring plan to the administering authority responsible once it has received a notification from the verifier that the monitoring plan is in conformity, or, as far as modifications of the monitoring plan pursuant to Article 7(2), point (a), of Regulation (EU) 2015/757 are concerned, once it has notified the verifiers in accordance with Article 7(3) of that Regulation.

For the purposes of approving modifications to monitoring plans pursuant to Article 7(5) of Regulation (EU) 2015/757, each administering authority responsible shall take the necessary measures to ensure that the modified monitoring plans are in compliance with the requirements set out in Article 6 and Annexes I and II to that Regulation, taking due account of the verifier’s conclusions on the assessment of monitoring plans.

Article 76

Information to be provided by companies to administering authorities responsible

The company shall provide the administering authority responsible with the conclusions of the assessment of the modified monitoring plan and any additional information that enables it to carry out the approval procedures.

With regards to modifications pursuant to Article 7(2), point (a), of Regulation (EU) 2015/757, the company shall submit to the administering authority responsible evidence of the change of company, as well as indication of whether the monitoring plan had been approved by the administering authority responsible before the change of company, with supporting evidence, in case that administering authority is not the same.

Article 77

Approval process

The administering authority responsible shall notify the company of the approval of the modified monitoring plan without undue delay, using automated systems and data exchange formats.

The company concerned shall revise its monitoring plan accordingly. The company shall submit the revised monitoring plan for a reassessment by the verifier, together with the reasons for the non-approval by the administering authority responsible. Once the revised monitoring plan has been assessed as being in conformity with the requirements laid down in Articles 6 and 7 of Regulation (EU) 2015/757, the company shall resubmit it for approval to the administering authority responsible.

Article 78

Implementation and record-keeping of modifications

Before receiving approval of the modified monitoring plan by the administering authority responsible in accordance with Article 77, the company may carry out monitoring and reporting using the modified monitoring plan where monitoring in accordance with the original monitoring plan would lead to incomplete emission data.

In case of doubt, the company shall use in parallel both the modified and the original monitoring plan to carry out all monitoring and reporting in accordance with both plans, and it shall keep records of both monitoring results.

Upon receipt of approval in accordance with Article 77, the company shall only use the data relating to the modified monitoring plan and carry out all monitoring and reporting using only the modified monitoring plan from the date from which that version of the monitoring plan is applicable.

The company shall keep records of all modifications of the monitoring plan. Concerning each modification, the record shall contain:

(a) a transparent description of the modification;

(b) a justification for the modification;

(d) the date of submission of the modified monitoring plan to the administering authority responsible;

(e) the starting date of implementation of the modified monitoring plan in accordance with paragraph 2 of this Article.

Article 79

Repeal

Delegated Regulation (EU) 2016/2072 is repealed with effect from 1 January 2024.

References to Delegated Regulation (EU) 2016/2072 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II to this Regulation.

Article 80

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 January 2024.

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

Done at Brussels, 20 October 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 123, 19.5.2015, p. 55.

(2) Commission Delegated Regulation (EU) 2016/2072 of 22 September 2016 on the verification activities and accreditation of verifiers pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport (OJ L 320, 26.11.2016, p. 5).

(3) Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 amending Regulation (EU) 2015/757 in order to provide for the inclusion of maritime transport activities in the EU Emissions Trading System and for the monitoring, reporting and verification of emissions of additional greenhouse gases and emissions from additional ship types (OJ L 130, 16.5.2023, p. 105).

(4) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

(5) Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 64, 4.3.2006, p. 1).

(6) Commission Implementing Regulation (EU) 2023/2599 of 22 November 2023 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards the administration of shipping companies by administering authorities in respect of a shipping company (OJ L, 2023/2599, 23.11.2023, ELI: http://data.europa.eu/eli/reg_impl/2023/2599/oj).

(7) Commission Delegated Regulation (EU) 2023/2849 of 12 October 2023 supplementing Regulation (EU) 2015/757 of the European Parliament and of the Council as regards the rules for reporting and submission of the aggregated emissions data at company level (OJ L, 2023/2849, 15.12.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2849/oj).

(8) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

(9) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37).

(10) Commission Implementing Regulation (EU) 2016/1927 of 4 November 2016 on templates for monitoring plans, emissions reports and documents of compliance pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on monitoring, reporting and verification of carbon dioxide emissions from maritime transport (OJ L 299, 5.11.2016, p. 1).

(11) Commission Implementing Regulation (EU) 2016/1928 of 4 November 2016 on determination of cargo carried for categories of ships other than passenger, ro-ro and container ships pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport (OJ L 299, 5.11.2016, p. 22).

(12) 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).

(13) ISO 14065:2020 on general principles and requirements for bodies validating and verifying environmental information.

(14) ISO/IEC 17029:2019 on Conformity assessment – General principles and requirements for validation and verification bodies, referred to in Annex II to Commission Implementing Decision (EU) 2020/1835 of 3 December 2020 on the harmonised standards for accreditation and conformity assessment (OJ L 408, 4.12.2020, p. 6).

(15) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

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