Commission Delegated Regulation (EU) 2016/2072Dangos y teitl llawn

CHAPTER IV U.K. ACCREDITATION OF VERIFIERS

Article 31 U.K. Scope of accreditation

The scope of accreditation of verifiers shall cover the assessment of monitoring plans and the verification of emissions reports.

Article 32 U.K. Objectives of the accreditation process

In the course of the accreditation process and of the annual surveillance of accredited verifiers, in accordance with Articles 36 to 41, 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 in accordance with this Regulation;

(b)

are in fact assessing monitoring plans and verifying emissions reports in accordance with this Regulation;

(c)

meet the requirements for verifiers referred to in Articles 22 to 30, including those regarding impartiality and independence.

Article 33 U.K. Minimum requirements for accreditation

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 shall apply.

Article 34 U.K. Criteria for requesting accreditation by national accreditation bodies

1. Legal entities established in a Member State shall request accreditation in accordance with Article 7 of Regulation (EC) No 765/2008.

2. Where the legal entity requesting accreditation is not established in a Member State, it may address its request to the national accreditation body of any Member State that provides accreditation within the meaning of Article 16 of Regulation (EU) 2015/757.

Article 35 U.K. Requests for accreditation

1. Requests for accreditation shall contain the information required on the basis of the harmonised standard referred to in Article 33.

2. In addition, prior to the start of the assessment referred to in Article 36, applicants shall make available to the national accreditation body, upon request, information on:

(a) the procedures and processes referred to in Article 27(1) and the quality management system referred to in Article 27(3);

(b) the competence criteria referred to in points (a) and (b) of Article 22(2), 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 24 and 25;

(c) the process for ensuring continuous impartiality and independence, as referred to in Article 30(6);

(d) the technical experts and key personnel involved in the assessment of monitoring plans and verification of emissions reports;

(e) the procedures and processes for ensuring appropriate verification, including those concerning the internal verification documentation referred to in Article 28;

(f) relevant records, as referred to in Article 29;

(g) other aspects deemed relevant by the national accreditation body.

Article 36 U.K. Assessment

1. For the purposes of the assessment referred to in Article 32, the assessment team shall, at least:

(a) review all relevant documents and records supplied by the applicant pursuant to Article 35;

(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 27;

(c) witness the performance and competence of a representative number of the applicant's staff involved in assessing monitoring plans and verifying emission reports 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 33.

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 33.

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 of, or carry out a follow-up assessment to assess, the actual implementation of the corrective action.

Article 37 U.K. 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 33.

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.

3. The accreditation certificate shall contain at least the information required on the basis of the harmonised standard referred to in Article 33.

4. The accreditation certificate shall be valid for a period of five years from the date of issue.

Article 38 U.K. 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 36(1)(b);

(b) witnessing the performance and competence of a representative number of the verifier's staff in accordance with Article 36(1)(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. 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 33.

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

5. Where a verifier carries out verification in another Member State, the national accreditation body that has accredited it may ask the national accreditation body of the other Member State to carry out surveillance activities on its behalf and under its responsibility.

Article 39 U.K. Reassessment

1. 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 may be extended.

2. 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 33.

Article 40 U.K. 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 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 33.

Article 41 U.K. 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 so requests.

3. 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 33.

4. The national accreditation body shall suspend a verifier's accreditation where the verifier has:

(a) failed to meet the requirements on competence pursuant to Article 22, on procedures for verification activities pursuant to Article 27, on internal verification documentation pursuant to Article 28 or on impartiality and independence pursuant to Article 30;

(b) 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 top management of the verifier has been found guilty of fraud;

(c) the verifier has intentionally provided false information.

6. 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.

7. 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.

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.