BAKGRUNN (fra kommisjonsforordningen)

(1) Regulation (EU) 2023/1805 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC lays down provisions for the accreditation of verifiers in Article 14. 

(2) Article 14(5) of Regulation (EU) 2023/1805 empowers the Commission to adopt delegated acts in order to supplement that Regulation by establishing further methods and criteria for the accreditation of verifiers on at least the following elements: (i) request for accreditation of verification activities within the scope of the Regulation; (ii) assessment of verifiers by the national accreditation bodies; (iii) surveillance activities performed by the national accreditation bodies to confirm the continuation of the accreditation; (iv) administrative measures to be adopted if the verifier does not fulfil the requirements of the Regulation; and (v) requirements for national accreditation bodies in order to be competent to provide accreditation to verifiers for verification activities within the scope of the Regulation, including a reference to harmonised standards. 

(3) Article 14(5) of Regulation (EU) 2023/1805 also states that the methods and criteria specified in such delegated acts shall be based on the principles for verification provided for in Articles 11, 12 and 13 and on relevant internationally accepted standards. 

(4) Article 28 of Regulation (EU) 2023/1805 contains provisions on the exercise of delegation. 

(5) Regulation (EU) 2023/1805 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC lays down provisions for general obligations and principles for verifiers (Article 12) and for verification procedures (Article 13). The Regulation also determines the relevant verification activities, including an assessment of the monitoring plan and of the modified monitoring plan (Article 11), calculations and the verification of the FuelEU report (Article 16), recording information in the FuelEU database (Article 19), approval of the use of flexibility mechanisms (Articles 20 and 21), and issuance of the FuelEU document of compliance (Article 22). 

(6) Implementing Regulation on the FuelEU verification activities further specifies the rules for the verification activities referred to in Regulation (EU) 2023/1805. 

(7) A robust and transparent monitoring, reporting and verification system should be put in place to trace compliance with Regulation (EU) 2023/1805 provisions. Such a system should apply in a non-discriminatory way to all ships and require third-party verification to ensure the accuracy of the data submitted within that system. 

(8) Regulation (EC) No 765/2008 of the European Parliament and of the Council lays down a comprehensive framework for the accreditation of conformity assessment bodies that perform conformity assessment activities. Pursuant to Article 14(2) of Regulation (EU) 2023/1805, the relevant provisions of Regulation (EC) No 765/2008 shall apply where no specific provisions on the accreditation of verifiers are laid down in Regulation (EU) 2023/1805. 

(9) To ensure impartiality and effectiveness, verifiers should be independent and competent legal entities and should be accredited by national accreditation bodies established pursuant to Regulation (EC) No 765/2008. Verifiers should be equipped with resources, means and staff commensurate with the size of the fleet for which they perform verification activities under this Regulation. Verification should ensure the accuracy and completeness of monitoring and reporting by companies and compliance with this Regulation. 

(10) The national accreditation body appointed pursuant to Regulation (EC) No 765/2008 should be empowered to accredit and issue an authoritative statement on the competence of a verifier to perform the verification activities pursuant to the Implementing Regulation on the FuelEU verification activities, adopt administrative measures such as the suspension or withdrawal of the accreditation and carry out the surveillance of verifiers. 

(11) Consistency was also sought between this Delegated Regulation and Commission Delegated Regulation (EU) 2023/2917 of 20 October 2023 on the verification activities, accreditation of verifiers and approval of monitoring plans by administering authorities pursuant to Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and repealing Commission Delegated Regulation (EU) 2016/2072.

(12) For the preparation of this Regulation, the Commission consulted the Working Group on the Implementation of the FuelEU Maritime Regulation that operates as a subgroup to the European Sustainable Shipping Forum (ESSF). This group was established in line with the Commission’s usual practice of consulting experts when preparing draft delegated acts and gathers experts from Member States. 

(13) In addition, the ESSF, which also includes industry and other relevant organisations, including civil society, was consulted. The ESSF Sub-Group on Sustainable Alternative Power for Shipping was also consulted on the draft version of this Regulation,