Article 6 · Commission Implementing Regulation (EU) 2023/2767

Contents

Article 6Verification of the application’s completeness and approval decision#

1.Within 10 working days from receiving an eco-innovation application, the Commission shall notify the applicant whether or not the application is considered complete. The Commission may invite the applicant to provide additional elements to complete its application and shall notify the applicant within 10 working days from receipt of such additional elements whether or not the application is considered complete.

2.If the applicant fails to provide the missing information within the deadline set by the Commission, the application shall be considered to have been withdrawn.

3.Once it has found an application to be complete, the Commission shall proceed with its assessment. Where the Commission finds that the methodologies referred to in Article 3 do not fulfil the requirements as set out in Article 4, it may adjust the methodologies or propose other methodologies than the ones proposed by the applicant. In such cases, the applicant shall be consulted.

4.Within 9 months from receipt of a complete eco-innovation application, the Commission shall issue an approval decision if it concludes that the verification report referred to in Article 3(2), point (d), fulfils the requirements set out in Article 5. If it does not so conclude, the Commission shall notify the applicant of the refusal of the application and provide justifications.

5.The 9-month period referred to in paragraph 4 may be extended by up to 5 months where the Commission finds that, because of the complexity of the innovative technology or the accompanying methodology, the eco-innovation application cannot be appropriately assessed within 9 months.In this case, the Commission shall, within 30 working days from receipt of the complete eco-innovation application, notify the applicant of the extended deadline.

6.The approval decision shall specify the information required for the determination of the CO₂ savings in accordance with Article 7.

7.The Commission may, at any time, amend an approval decision on its own initiative, in particular to take into account technical progress.