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).
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 guidelines referred to in Article 32(2)(a) of the Implementing Regulation on the FuelEU verification activities;
(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.
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 the Implementing Regulation on the FuelEU verification activities 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 the Implementing Regulation on the FuelEU verification activities.
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.
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 the Implementing Regulation on the FuelEU verification activities;
(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.
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.
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.
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.
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 ( 7 ) , 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).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
