Addressing misstatements, non-conformities and non-compliance
Article 22
1. If the verifier identifies misstatements, non-conformities or non-compliance with Implementing Regulation (EU) 2018/2066 or Delegated Regulation (EU) …/…, as appropriate, during the verification, it shall inform the operator or aircraft operator thereof on a timely basis and request relevant corrections. The operator or aircraft operator shall correct any communicated misstatements or non-conformities. Where a non-compliance with Implementing Regulation (EU) 2018/2066 or Delegated Regulation (EU) …/… has been identified, the operator or aircraft operator shall notify the competent authority and correct the non-compliance as appropriate without undue delay. 2. The verifier shall document and mark as resolved in the internal verification documentation all misstatements, non-conformities or non-compliance with Implementing Regulation (EU) 2018/2066 or Delegated Regulation (EU) …/… that have been corrected by the operator or aircraft operator during the verification. 3. If the operator or aircraft operator does not correct the misstatements or non-conformities communicated to them by the verifier in accordance with paragraph 1 before the verifier issues the verification report, the verifier shall request the operator or aircraft operator to explain the main causes of the non-conformity or misstatement in order to assess the impact of the non-conformities or misstatements on the reported data. The verifier shall determine whether the uncorrected misstatements, individually or when aggregated with other misstatements, have a material effect on the total reported emissions, tonne-kilometre data or data relevant for free allocation. In assessing the materiality of misstatements the verifier shall consider the size and nature of the misstatement as well as the particular circumstances of their occurrence. The verifier shall assess whether the uncorrected non-conformity, individually or when combined with other non-conformities, has an impact on the reported data and whether this leads to material misstatement. If the operator or aircraft operator does not correct the non-compliance with Implementing Regulation (EU) 2018/2066 or Delegated Regulation (EU) …/… in accordance with paragraph 1 before the verifier issues the verification report, the verifier shall assess whether the uncorrected non-compliance has an impact on the reported data and whether this leads to material misstatement. The verifier may consider misstatements as material even if those misstatements, individually or when aggregated with other misstatements, are below the materiality level set out in Article 23, where such consideration is justified by the size and nature of the misstatements and the particular circumstances of their occurrence.