SECTION 1 — Approval of monitoring plans
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.
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.
Approval process
1. 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.
2. 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
General rules for the approval of modifications to monitoring plans by administering authorities responsible
1. 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.
2. 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.
Information to be provided by companies to administering authorities responsible
1. 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.
2. 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.
Approval process
1. 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.
2. 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 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.
Implementation and record-keeping of modifications
1. 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.
2. 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.
3. 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;
(c)
where applicable, the verifier’s conclusions on the assessment of the modified monitoring plan;
(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.
Repeal
1. Delegated Regulation (EU) 2016/2072 is repealed with effect from 1 January 2024.
2. 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.
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.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
