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Commission Implementing Regulation (EU) 2018/2067Show full title
Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)
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Changes over time for: Article 43
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There are outstanding changes not yet made to Commission Implementing Regulation (EU) 2018/2067. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 43:
- Regulation amendment to earlier affecting provision S.I. 2020/1265, Sch. 5 by S.I. 2022/1173 art. 14
- Regulation applied by S.I. 2023/850 art. 20(4)
- Regulation modified by S.I. 2020/1265 Sch. 8 para. 4
- Regulation modified by S.I. 2020/1265, art. 25, Sch. 5 (as substituted) by S.I. 2020/1557 art. 14
- Regulation power to amend conferred by 2019 c. 1, ss. 76, 77 (as amended) by 2020 c. 14 Sch. 12 para. 4(4)(b)(ii) 7(2)(d)
- Regulation power to amend conferred by 2019 c. 1, ss. 76, 77 (as amended) by 2020 c. 14 Sch. 12 para. 5(c) 7(2)(d)
- Regulation restricted by S.I. 2020/1265 art. 33(2)
- Regulation word substituted by S.I. 2020/1265 Sch. 5 para. 2
- Art. 43 word substituted by S.I. 2019/916 reg. 36(a)
- Art. 43(1) words inserted by S.I. 2020/1265 Sch. 5 para. 18
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 3(A1) inserted by S.I. 2019/916 reg. 10(b)
- Art. 3(A1) omitted by S.I. 2020/1265 Sch. 5 para. 5(b)
- Art. 3(2) word substituted by S.I. 2020/1265 Sch. 5 para. 5(c)
- Art. 3(2) words substituted by S.I. 2019/916 reg. 10(c)
- Art. 3(3) words omitted by S.I. 2019/916 reg. 10(d)
- Art. 3(3) words substituted by S.I. 2020/1265 Sch. 5 para. 5(d)
- Art. 3(3a) inserted by S.I. 2020/1265 Sch. 5 para. 5(e)
- Art. 3(4a)(4b) inserted by S.I. 2019/916 reg. 10(e)
- Art. 3(4a) omitted by S.I. 2020/1265 Sch. 5 para. 5(f)
- Art. 3(4b) omitted by S.I. 2020/1265 Sch. 5 para. 5(g)
- Art. 3(7) words substituted by S.I. 2019/916 reg. 10(f)
- Art. 3(7) words substituted by S.I. 2020/1265 Sch. 5 para. 5(h)
- Art. 3(7a)(7b) inserted by S.I. 2019/916 reg. 10(g)
- Art. 3(7a) omitted by S.I. 2020/1265 Sch. 5 para. 5(i)
- Art. 3(7b) omitted by S.I. 2020/1265 Sch. 5 para. 5(j)
- Art. 3(11) words omitted by S.I. 2019/916 reg. 10(h)
- Art. 3(12a) inserted by S.I. 2019/916 reg. 10(i)
- Art. 3(12a) omitted by S.I. 2020/1265 Sch. 5 para. 5(k)
- Art. 3(13)(a) words omitted by S.I. 2020/1265 Sch. 5 para. 5(l)
- Art. 3(13)(c) omitted by S.I. 2019/916 reg. 10(j)
- Art. 3(22) word substituted by S.I. 2020/1265 Sch. 5 para. 5(m)
- Art. 3(22) word substituted by S.I. 2020/1265 Sch. 5 para. 5(n)
- Art. 3(23) word substituted by S.I. 2020/1265 Sch. 5 para. 5(m)
- Art. 3(26) word substituted by S.I. 2020/1265 Sch. 5 para. 5(o)
- Art. 3(28) omitted by S.I. 2019/916 reg. 10(k)
- Art. 3(29) omitted by S.I. 2019/916 reg. 10(k)
- Art. 3a inserted by S.I. 2019/916 reg. 11
- Art. 3a omitted by S.I. 2020/1265 Sch. 5 para. 6
- Art. 7(4)(a) words omitted by S.I. 2019/916 reg. 14(b)(i)(aa)
- Art. 7(4)(b) words omitted by S.I. 2020/1265 Sch. 5 para. 8(b)
- Art. 7(4)(c) omitted by S.I. 2019/916 reg. 14(b)(i)(bb)
- Art. 9(1)(b) words omitted by S.I. 2019/916 reg. 15(a)
- Art. 9(1)(e) words substituted by S.I. 2019/916 reg. 15(b)
- Art. 10(1)(a) words omitted by S.I. 2020/1265 Sch. 5 para. 9
- Art. 10(1)(c) omitted by S.I. 2019/916 reg. 16(a)
- Art. 10(1)(e) words omitted by S.I. 2019/916 reg. 16(b)
- Art. 10(1)(f) omitted by S.I. 2019/916 reg. 16(c)
- Art. 10(1)(g) words omitted by S.I. 2019/916 reg. 16(d)
- Art. 10(1)(h) substituted by S.I. 2019/916 reg. 16(e)
- Art. 10(1)(i) omitted by S.I. 2019/916 reg. 16(f)
- Art. 10(1)(m) substituted by S.I. 2019/916 reg. 16(g)
- Art. 10(1)(n) words omitted by S.I. 2019/916 reg. 16(h)
- Art. 10(1)(p) words substituted by S.I. 2019/916 reg. 16(i)(i)
- Art. 10(1)(p) words substituted by S.I. 2019/916 reg. 16(i)(ii)
- Art. 11(3)(c) substituted by S.I. 2019/916 reg. 17(a)(i)
- Art. 11(3)(d) substituted by S.I. 2019/916 reg. 17(a)(ii)
- Art. 11(4)(a) substituted by S.I. 2019/916 reg. 17(b)(i)
- Art. 11(4)(b) words omitted by S.I. 2019/916 reg. 17(b)(ii)
- Art. 11(4)(c) words omitted by S.I. 2019/916 reg. 17(b)(iii)
- Art. 11(4)(d) omitted by S.I. 2019/916 reg. 17(b)(iv)
- Art. 13(1)(c) substituted by S.I. 2019/916 reg. 18(a)
- Art. 14(c) words omitted by S.I. 2019/916 reg. 19(b)
- Art. 16(2)(b) omitted by S.I. 2019/916 reg. 20(b)
- Art. 16(2)(c) substituted by S.I. 2019/916 reg. 20(c)
- Art. 16(2)(d) words omitted by S.I. 2019/916 reg. 20(d)
- Art. 24(c) words omitted by S.I. 2019/916 reg. 27
- Art. 26(1)(c) substituted by S.I. 2019/916 reg. 28
- Art. 27(1)(e) omitted by S.I. 2019/916 reg. 29(a)(ii)
- Art. 27(3)(e) substituted by S.I. 2019/916 reg. 29(b)(i)
- Art. 27(3)(f) omitted by S.I. 2019/916 reg. 29(b)(ii)
- Art. 27(3)(g) words substituted by S.I. 2019/916 reg. 29(b)(iii)
- Art. 27(3)(g) words substituted by S.I. 2020/1265 Sch. 5 para. 11
- Art. 27(3)(h) omitted by S.I. 2019/916 reg. 29(b)(iv)
- Art. 27(3)(i) words omitted by S.I. 2019/916 reg. 29(b)(v)
- Art. 27(3)(o) substituted by S.I. 2019/916 reg. 29(b)(vi)
- Art. 27(3)(q) omitted by S.I. 2019/916 reg. 29(b)(vii)
- Art. 27(3)(r) omitted by S.I. 2019/916 reg. 29(b)(vii)
- Art. 27(4)(a) substituted by S.I. 2019/916 reg. 29(c)(ii)
- Art. 27(4)(c) words omitted by S.I. 2019/916 reg. 29(c)(iii)
- Art. 27(4)(d) substituted by S.I. 2019/916 reg. 29(c)(iv)
- Art. 28(c) words omitted by S.I. 2019/916 reg. 30(a)
- Art. 28(e) omitted by S.I. 2019/916 reg. 30(b)
- Art. 30(1)(c) words omitted by S.I. 2019/916 reg. 31(b)
- Art. 30(1)(e) omitted by S.I. 2019/916 reg. 31(c)
- Art. 31(3)(b) words inserted by S.I. 2020/1265 Sch. 5 para. 12(b)
- Art. 31(3)(d) omitted by S.I. 2019/916 reg. 32
- Art. 31(3A) inserted by S.I. 2020/1265 Sch. 5 para. 12(c)
- Art. 36(2)(b) word substituted by S.I. 2020/1265 Sch. 5 para. 13(a)
- Art. 38(1)(a) substituted by S.I. 2019/916 reg. 34
- Art. 38(1)(a) words substituted by S.I. 2020/1265 Sch. 5 para. 15(c)(i)
- Art. 38(1)(a) words substituted by S.I. 2020/1265 Sch. 5 para. 15(c)(ii)
- Art. 43(3)(a) words omitted by S.I. 2019/916 reg. 36(b)(i)
- Art. 43(3)(b) words substituted by S.I. 2019/916 reg. 36(b)(ii)
- Art. 59(1)(a) word substituted by S.I. 2019/916 reg. 46(a)
- Art. 59(1)(b) words omitted by S.I. 2019/916 reg. 46(b)
- Art. 59(1)(b) words substituted by S.I. 2020/1265 Sch. 5 para. 21
- Art. 60(2)(a) words omitted by S.I. 2019/916 reg. 47
- Art. 60(2)(a) words substituted by S.I. 2020/1265 Sch. 5 para. 22
- Art. 71(1)(d) omitted by S.I. 2019/916 reg. 52(c)
- Art. 71(3)(a) word substituted by S.I. 2020/1265 Sch. 5 para. 25(b)(ii)
- Art. 72(a) omitted by S.I. 2019/916 reg. 53(b)
- Art. 72(b) omitted by S.I. 2019/916 reg. 53(b)
- Art. 76(2)(b) omitted by S.I. 2019/916 reg. 56(b)
- Art. 77(1)(b) words substituted by S.I. 2019/916 reg. 57
Article 43U.K.Impartiality and independence
1.A verifier shall be independent from an operator or aircraft operator and impartial in carrying out its verification activities.
To ensure independence and impartiality, the verifier and any part of the same legal entity shall not be an operator or aircraft operator, the owner of an operator or aircraft operator or owned by them, nor shall the verifier have relations with the operator or aircraft operator that could affect its independence and impartiality. The verifier shall also be independent from bodies that trade emission allowances under the greenhouse gas emission allowances trading system established pursuant to Article 19 of Directive 2003/87/EC.
2.A verifier shall be organised in a manner that safeguards its objectivity, independence and impartiality. For the purposes of this Regulation, the relevant requirements laid down in the harmonised standard referred to in Annex II shall apply.
3.A verifier shall not carry out verification activities for an operator or aircraft operator that poses an unacceptable risk to its impartiality or that creates a conflict of interest for it. The verifier shall not use personnel or contracted persons in the verification of an operator's or aircraft operator's report that involves an actual or potential conflict of interest. The verifier shall also ensure that the activities of personnel or organisations do not affect the confidentiality, objectivity, independence and impartiality of the verification.
An unacceptable risk to impartiality or a conflict of interest referred to in the first sentence of the first subparagraph shall be considered to have arisen in particular in either of the following cases:
(a)where a verifier or any part of the same legal entity provides consulting services to develop part of the monitoring and reporting process that is described in the monitoring plan approved by the competent authority or in the monitoring methodology plan, as applicable, including the development of the monitoring methodology, the drafting of the operator's or aircraft operator's report and the drafting of the monitoring plan or monitoring methodology plan;
(b)where a verifier or any part of the same legal entity provides technical assistance to develop or maintain the system implemented to monitor and report emissions, tonne-kilometre data or data relevant for free allocation.
4.A conflict of interest for a verifier in the relations between it and an operator or an aircraft operator shall be considered to have arisen in particular in either of the following cases:
(a)where the relationship between the verifier and the operator or aircraft operator is based on common ownership, common governance, common management or personnel, shared resources, common finances and common contracts or marketing;
(b)where the operator or aircraft operator has received consulting services referred to in point (a) of paragraph 3 or technical assistance referred to in point (b) of that paragraph from a consultancy body, technical assistance body or another organisation having relations with the verifier and threatening the impartiality of the verifier.
For the purposes of point (b) of the first subparagraph, the verifier's impartiality shall be considered compromised where the relations between the verifier and the consultancy body, technical assistance body or the other organisation is based on common ownership, common governance, common management or personnel, shared resources, common finances, common contracts or marketing and common payment of sales commission or other inducement for the referral of new clients.
5.A verifier shall not outsource the independent review or the issuance of the verification report. For the purposes of this Regulation, when outsourcing other verification activities, the verifier shall meet the relevant requirements laid down in the harmonised standard referred to in Annex II.
However, contracting individuals to carry out verification activities shall not constitute outsourcing for the purposes of the first subparagraph if the verifier, when contracting those persons, meets the relevant requirements in the harmonised standard referred to in Annex II.
6.A verifier shall establish, document, implement and maintain a process to ensure continuous impartiality and independence of the verifier, parts of the same legal entity as the verifier, other organisations referred to in paragraph 4, and of all personnel and contracted persons involved in the verification. That process shall include a mechanism to safeguard the impartiality and independence of the verifier and shall meet the relevant requirements laid down in the harmonised standard referred to in Annex II.
7.If the EU ETS lead auditor undertakes six annual verifications for a given aircraft operator, then the EU ETS lead auditor shall take a three consecutive year break from providing verification services to that same aircraft operator. The six years maximum period includes any greenhouse gas verifications performed for the aircraft operator starting after the entry into force of this regulation.
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