Presumption of conformity

Where a verifier demonstrates its conformity with the criteria laid down in the relevant harmonised standards as defined in Article 2, point 9, of Regulation (EC) No 765/2008, or parts thereof, the references of which have been published in the Official Journal of the European Union , it shall, with the exception of Articles 7(1) and (4), Article 22, Article 27(1), Articles 28, 31, 32, Articles 43b(1) and (4), Articles 43v and 43w of this Regulation, be presumed to comply with the requirements set out in Chapters II, III and IIIa of this Regulation in so far as the applicable harmonised standards cover those requirements.’

the title of Chapter II is replaced by the following:

‘CHAPTER II

VERIFICATION OF OPERATOR’S OR AIRCRAFT OPERATOR’S REPORTS ’;

in Article 6, the first paragraph is replaced by the following:

‘A verified emission report, baseline data report, new entrant data report or annual activity level report shall be reliable for users. It shall represent faithfully that, which it either purports to represent or may reasonably be expected to represent.’;

in Article 7, paragraph 4 is amended as follows:

the first subparagraph is amended as follows:

the following point (aa) is inserted:

the information in the operator’s or aircraft operator’s report pertaining to Annex Xa to Implementing Regulation (EU) 2018/2066 is complete and meets the requirements laid down in that Annex;’;

point (b) is replaced by the following:

the operator or aircraft operator has acted in compliance with the requirements of the greenhouse gas emissions permit and the monitoring plan approved by the competent authority, where the verification of an operator’s emission report is concerned, and with the requirements of the monitoring plan approved by the competent authority, where the verification of an aircraft operator’s emission report is concerned;’;

the second and third subparagraphs are replaced by the following:

‘By way of derogation from point (b), the verifier shall assess whether the operator of an installation for the incineration of municipal waste as referred to in Annex I to Directive 2003/87/EC has acted in compliance with the monitoring plan where Member States have not required that installation to have a greenhouse gas emission permit as referred to in Article 4 of Directive 2003/87/EC.

For the purpose of point (d), the verifier shall obtain clear and objective evidence from the operator or aircraft operator to support the reported aggregated emissions or data relevant for free allocation taking into account all other information provided in the operator’s or aircraft operator’s report.’;

in Article 9(1), point (e) is replaced by the following:

the location of information and data related to greenhouse gas emissions or data relevant for free allocation.’;

Article 10(1) is amended as follows:

point (c) is replaced by the following:

the latest version of the operator’s monitoring methodology plan as well as any other relevant versions of the monitoring methodology plan approved by the competent authority, including evidence of the approval;’;

points (g) and (h) are replaced by the following:

the procedures mentioned in the monitoring plan as approved by the competent authority or the monitoring methodology plan as approved by the competent authority, including procedures for data flow activities and control activities;

the operator’s or aircraft operator’s annual emission, baseline data report, new entrant data report or annual activity level report, as appropriate;’;

the following points (lb), (lc) and (ld) are inserted:

where applicable, the reports from energy audits or certified energy management systems as referred to in Article 22a(1) of Delegated Regulation (EU) 2019/331 containing the recommendations from those audits or management systems;

where applicable, relevant evidence demonstrating implementation of the recommendations from energy audits or certified energy management systems as referred to in Article 22a(1), first subparagraph of Delegated Regulation (EU) 2019/331 including the procedure for implementing those recommendations referred to in Article 22a(2) of that Regulation;

relevant evidence that one of the conditions in Article 22a(1), second subparagraph, of Delegated Regulation (EU) 2019/331 applies;’;

Article 11 is amended as follows:

in paragraph 3, points (b), (c) and (d) are replaced by the following:

for the purposes of the verification of the aircraft operator’s emissions report, the size and nature of the aircraft operator, the distribution of information in different locations as well as the number and type of flights;

the monitoring plan or monitoring methodology plan approved by the competent authority as well as the specifics of the monitoring methodology laid down in that monitoring plan or the monitoring methodology plan as appropriate;

the nature, scale and complexity of emission sources and source streams as well as the equipment and processes that have resulted in emissions or data relevant for free allocation, including the measurement equipment described in the monitoring plan or monitoring methodology plan as appropriate, the origin and application of calculation factors and other primary data sources;’;

in paragraph 4, point (a) is replaced by the following:

whether the monitoring plan or monitoring methodology plan presented to it is the most recent version and approved by the competent authority;’;

in Article 13(1), point (c) is replaced by the following:

a data sampling plan setting out the scope and methods of data sampling related to data points underlying the aggregated emissions in the operator or aircraft operator’s emission report, or the aggregated data relevant for free allocation in the operator’s baseline data report, new entrant data report or annual activity level report.’;

Article 16(2) is amended as follows:

point (d) is replaced by the following:

for the purposes of verifying an aircraft operator’s emission report, the completeness of flights covered by an aviation activity listed in Annex I to Directive 2003/87/EC for which the aircraft operator is responsible as well as the completeness of emission data.’;

point (e) is replaced by the following:

for the purposes of verifying an aircraft operator’s emission report, the consistency between reported data and mass and balance documentation;’;

point (fa) is replaced by the following:

for the purposes of verifying an annual activity level report, the accuracy of the parameters listed in Article 16(5), Articles 19, 20 or 21 of Delegated Regulation (EU) 2019/331 as well as data required under Article 6(1), (2) and (4) of Implementing Regulation (EU) 2019/1842;’;

the following point (ha) is inserted:

for the purpose of assessing the information in the operator’s or aircraft operator’s report pursuant to Annex Xa to Implementing Regulation (EU) 2018/2066, the consistency between that information and the operator’s or aircraft operator’s evidence, including fuel invoices, delivery notes and contracts with fuel suppliers;’;

Article 17 is amended as follows:

in paragraph 3, point (f) is replaced by the following:

whether the value of the parameters listed in Article 16(5), Articles 19, 20 or 21 of Delegated Regulation (EU) 2019/331 is based on a correct application of that Regulation;’;

the following paragraph 5, is added:

‘5. For the purpose of verifying the operator’s emission report, the verifier shall, as part of the check referred to in paragraph 1, check the operator’s evidence demonstrating compliance with the sustainability and greenhouse gas savings criteria laid down in Article 29(2) to (7) and (10) of Directive (EU) 2018/2001.’

the following paragraph 6 is added:

‘6. Where the biofuel or eligible aviation fuel can be physically attributed to a flight listed in Annex I to Directive 2003/87/EC, the verifier shall check whether the biofuel or eligible aviation fuel quantity is correctly attributed to the flight directly following the uplift of the fuel.

If several subsequent flights are carried out without fuel uplift between those subsequent flights, the verifier shall check whether the biofuel or eligible aviation fuel quantity is proportionally assigned to these flights according to the approach listed in the monitoring plan approved by the competent authority and the written procedure that the aircraft operator has implemented to ensure the proper attribution of biofuel or eligible aviation fuel.

Where the biofuel or eligible aviation fuel cannot be physically attributed at an aerodrome to a specific flight, the verifier shall check whether:

the biofuel or eligible aviation fuel is correctly assigned to aerodrome pairs in the aircraft operator’s emission report;

the total amount of the biofuel or eligible aviation fuel does not exceed the total fuel reported of that aircraft operator for flights for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC, originating from the aerodrome at which the biofuel or eligible aviation fuel is supplied;

the total amount of biofuel or eligible aviation fuel for which allowances have to be surrendered in accordance with Article 12(3) of Directive 2003/87/EC does not exceed the total quantity of biofuel or eligible aviation fuel purchased from which the total quantity of biofuel or eligible aviation fuel sold to third parties is subtracted;

the fraction of biomass in the biofuel or eligible aviation fuel attributed to flights aggregated per aerodrome pair does not exceed the maximum blending limit for that biofuel or eligible aviation fuel as certified according to a recognised international standard, if such limitation applies;

the aggregated biomass fraction in the biofuel or eligible aviation fuel does not exceed the amount of biomass for which proof for meeting the sustainability and greenhouse gas savings criteria laid down in Article 29(2) to (7) and (10) of Directive (EU) 2018/2001 is provided;

the same amounts of biofuel or eligible aviation fuel have not been accounted for in an earlier report, in another system or by anyone else’

the following paragraph 7 is added:

‘7. For the purposes of assessing the information in the operator’s or aircraft operator’s report pursuant to Annex Xa to Implementing Regulation (EU) 2018/2066 the verifier shall assess and confirm:

where fuels are not used in the same reporting year, whether the methodology in the approved monitoring plan on how to allocate amounts of fuel between the different suppliers has been applied correctly;

whether the amounts of fuel from a supplier that are used by the operator or aircraft operator do not exceed the amounts acquired from that supplier while taking into account the amounts stored in stock calculated in accordance with the methodology in the approved monitoring plan.’

the following Articles 17a and 17b are inserted:

COMMISSION IMPLEMENTING REGULATION (EU) 2024/1321 of 8 May 2024 amending Implementing Regulation (EU) 2018/2067 as regards the verification of data and the accreditation of verifiers ANNEX