Commission Implementing Regulation (EU) 2018/2067Dangos y teitl llawn

CHAPTER VI U.K. INFORMATION EXCHANGE

Article 70 U.K. Information exchange and focal points

1. The [F1 the Secretary of State] shall establish an effective exchange of appropriate information and effective cooperation between their national accreditation body F2 ... and the competent authority.

2. Where more than one competent authority is designated [F3 in the United Kingdom, the Secretary of State with the agreement of the other authorities] shall authorise one of those competent 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 this Chapter.

Textual Amendments

F1 Words in Art. 70(1) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 51(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 70(1) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 51(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 70(2) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 51(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 71 U.K. Accreditation work programme and management report

1. By 31 December of each year, the national accreditation body shall make available an accreditation work programme to the competent authority F4 ... containing the list of verifiers accredited by that national accreditation body and which have notified it pursuant to Article 77 that they intend to carry out verifications in [F5 the United Kingdom]. The accreditation work programme shall at least contain the following information in relation to each verifier:

(a) the anticipated time and place of the verification;

(b) information on activities that the national accreditation body has planned for that verifier, in particular surveillance and reassessment activities;

(c) dates of anticipated witnessing audits to be performed by the national accreditation body to assess the verifier, including the address and contact details of operators or aircraft operators that will be visited during the witness audit;

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

2. Following the submission of the accreditation work programme in accordance with paragraph 1, the competent authority shall provide the national accreditation body with any relevant information, including any relevant national legislation or guidelines.

3. By 1 June of each year, the national accreditation body shall make available a management report to the competent authority. The management report shall at least 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, including the scope of accreditation for these verifiers

(b) any changes to the scope of accreditation for these verifiers;

(c) summarised results of surveillance and reassessment activities carried out by the national accreditation body;

(d) summarised results of extraordinary assessments that have taken place, including reasons for initiating such extraordinary assessments;

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

(f) details of action taken by the national accreditation body in response to the information that is shared by the competent authority, unless the national accreditation body has considered the information as a complaint within the meaning of Article 62.

Textual Amendments

F4 Words in Art. 71(1) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 52(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 71(1) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 52(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 71(1)(d) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 52(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 72 U.K. Information exchange on administrative measures

If the national accreditation body has imposed administrative measures on the verifier pursuant to Article 54 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 54, the national accreditation body shall inform [F7 the competent authority.]

F8 (a)(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Words in Art. 72 substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 53(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 72(a)(b) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 53(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 73 U.K. Information exchange by the competent authority

1. The competent authority F9 ... shall annually communicate to the national accreditation body F9 ... at least the following:

(a) relevant results from checking the operator's and aircraft operator's report and the verification reports, in particular of any identified non-compliance of that verifier with this Regulation;

(b) results from the inspection of the operator or aircraft operator where those results are relevant for the national accreditation body concerning the verifier's accreditation and surveillance or where those results include any identified non-compliance of that verifier with this Regulation;

(c) results from the evaluation of the internal verification documentation of that verifier where the competent authority has evaluated the internal verification documentation pursuant to Article 26(3);

(d) complaints received by the competent authority concerning that verifier.

2. Where the information referred to in paragraph 1 provides evidence that the competent authority has identified non-compliance of the verifier with this Regulation, the national accreditation body shall consider the communication of that information as a complaint by the competent authority concerning that verifier within the meaning of Article 62.

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

Textual Amendments

F9 Words in Art. 73(1) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 54; 2020 c. 1, Sch. 5 para. 1(1)

F10 Article 74 U.K. Information exchange on surveillance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Art. 74 omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 55; 2020 c. 1, Sch. 5 para. 1(1)

F11 Article 75 U.K. Information exchange with a Member State where the verifier is established

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Textual Amendments

F11 Art. 75 omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 55; 2020 c. 1, Sch. 5 para. 1(1)

Article 76 U.K. Databases of accredited verifiers

1. National accreditation bodies, or where applicable national authorities referred to in Article 55(2), shall set up and manage a database and allow access to that database to F12 ... national authorities, verifiers, operators, aircraft operators and competent authorities.

F13 ...

2. The database referred to in paragraph 1 shall contain at least the following information:

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

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) each verifier's scope of accreditation;

(d) the date on which the accreditation was granted and the expiry date of the accreditation;

(e) any information on administrative measures that have been imposed on the verifier.

The information shall be publicly available.

Textual Amendments

F12 Words in Art. 76(1) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 56(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 76(1) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 56(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 76(2)(b) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 56(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 77 U.K. Notification by verifiers

1. For the purposes of enabling the national accreditation body to draft the accreditation work programme and the management report referred to in Article 71, 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 address and contact details of the operators or aircraft operators whose [F15 emissions or tonne-kilometre reports] are subject to its verification;

(c) the names of the members of the verification team and the scope of the accreditation under which the operator's or aircraft operator's activity falls.

2. 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.

Textual Amendments

F15 Words in Art. 77(1)(b) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/916), regs. 1, 57; 2020 c. 1, Sch. 5 para. 1(1)