Chapter III, Chapter IV, Article 30 · Commission Implementing Regulation (EU) 2024/2027

Contents

Article 30Continued competence process#

1.The verifier shall establish, document, implement and maintain a continued competence process to ensure that all personnel entrusted with verification activities are competent to carry out the tasks that are allocated to them.

10.Where a member of personnel fails to demonstrate that the competence criteria for a specific task allocated to that member have been fully met, the verifier shall identify and organise additional training or supervised work experience for that member of personnel. The verifier shall monitor that member until such member demonstrates to the verifier conformity with the competence criteria.

2.For the purposes of the competence process referred to in paragraph 1, the verifier shall establish, document, implement and maintain the following aspects:

(a)general competence criteria for all personnel undertaking verification activities in accordance with Article 32;

(b)specific competence criteria for each function within the verifier undertaking verification activities, in particular for the shipping FuelEU auditor, the independent reviewer and the technical expert in accordance with Articles 32, 33 and 34;

(c)a method for ensuring the continued competence and regular evaluation of the performance of all personnel undertaking verification activities;

(d)a process for ensuring ongoing training of the personnel undertaking verification activities;

(e)a process for assessing whether the verification engagement falls within the scope of the verifier’s accreditation, and whether the verifier has the competence, personnel and resources required to select the verification team and successfully complete the verification activities within the timeframe required.

3.In evaluating the competence of the personnel pursuant to paragraph 2, point (c), the verifier shall assess that competence against the competence criteria referred to in paragraph 2, points (a) and (b).

4.The process referred to in paragraph 2, point (e) shall also include a process for assessing whether the verification team holds all the competence and persons required to carry out verification activities for a specific company.

5.The verifier shall develop general and specific competence criteria which are in conformity with the criteria laid down in Article 31(4) and Articles 31, 32 and 33.

6.The verifier shall monitor regularly, and at least annually, the performance of all personnel undertaking verification activities in order to confirm their continued competence.

7.The verifier shall regularly review the competence process referred to in paragraph 1 to ensure that:

(a)the competence criteria referred to in paragraph 2, points (a) and (b), are developed in accordance with the required competence;

(b)all issues that may be identified related to the setting of the general and specific competence criteria pursuant to paragraph 2, points (a) and (b), are addressed;

(c)all the requirements in the competence process are updated and maintained as appropriate.

8.The verifier shall have a system for recording the results of the activities carried out in the competence process referred to in paragraph 1.

9.A sufficiently competent evaluator shall assess the competence and performance of shipping FuelEU auditors and shipping FuelEU lead auditors. The evaluator shall monitor those auditors during the verification of a FuelEU report or partial FuelEU report on the site of the company as appropriate, to determine whether they meet the competence criteria.

Defined terms · 22

Show every defined term

accreditation
means an attestation by a national accreditation body affirming that a verifier meets the requirements of harmonised standards within the meaning of Article 2, point 9, of Regulation (EC) No 765/2008 and the requirements of this Regulation, and is thus qualified to carry out the verification activities set out in Articles 4 to 25 of this Regulation;
analytical procedures
means the analysis of fluctuations and trends in the data, including an analysis of the relationships that are inconsistent with other relevant information or that deviate from predicted amounts;
control activity
means any act carried out or any measure implemented by the company to mitigate inherent risks.
control risk
means the susceptibility of a parameter in the FuelEU report and partial FuelEU report to misstatements that could be material, individually or when taken together with other misstatements, and that cannot be prevented or detected and corrected on a timely basis by the control system;
control system
means the risk assessment and entire set of control activities, including the continuous management thereof, established, documented, implemented and maintained by a company to report the data required by Regulation (EU) 2023/1805;
detection risk
means the risk of a verifier not detecting a material misstatement;
FuelEU report
means a report as referred to in Article 15(3) of Regulation (EU) 2023/1805;
independent reviewer
means a person assigned by the verifier specifically to carry out internal review activities, who belongs to the same entity but has not carried out any of the verification activities subject to review;
inherent risk
means the susceptibility of a parameter in the FuelEU report and partial FuelEU report to misstatements that could be material, individually or taken together with other misstatements, before taking into consideration the effect of any related control activities;
internal verification documentation
means all internal documentation that a verifier has compiled to record documentary evidence and justification of activities carried out to assess the monitoring plan or verify a FuelEU report and partial FuelEU report pursuant to this Regulation;
material misstatement
means a misstatement that, in the opinion of the verifier, individually or when taken together with other misstatements, exceeds the materiality level or could otherwise have an impact on the total reported emissions or other relevant information;
materiality level
means the quantitative threshold or cut-off point set out in Article 18, above which the verifier considers misstatements, individually or taken together with other misstatements, to be material;
misstatement
means an omission, misrepresentation or error in the reported data, apart from the uncertainty permissible pursuant to Article 13(3) of Regulation (EU) 2023/1805;
non-conformity
means one of the following:
partial FuelEU report
means a FuelEU report prepared in the event of the transfer of a ship from one company to another as referred to in Article 15(4) of Regulation (EU) 2023/1805;
reasonable assurance
means a high – but not absolute – degree of assurance, provided in the verification report based on the objective of reducing the verification risk according to the circumstances of the verification, and expressed positively in the verification statement, as to whether the FuelEU report or partial FuelEU report subject to verification are free of material misstatements;
shipping FuelEU auditor
means an individual member of a verification team responsible for assessing a monitoring plan or verifying a FuelEU report and partial FuelEU report, other than the shipping shipping FuelEU lead auditor;
shipping FuelEU lead auditor
means a shipping FuelEU auditor in charge of directing and supervising the verification team, who is responsible for performing the assessment of a monitoring plan and for reporting on the assessment, or for performing the verification of a FuelEU report and partial FuelEU report and for reporting on the verification;
site
means, for the purposes of assessing the monitoring plan or verifying the FuelEU report and partial FuelEU report, a location where the monitoring process is defined and managed, including locations where relevant data and information are controlled and stored;
technical expert
means a person who provides detailed knowledge and expertise on a specific matter as required for the performance of verification activities and accreditation activities for the purposes of Articles 30 to 38;
verification
means the activities carried out by a verifier to issue a FuelEU document of compliance pursuant to Regulation (EU) 2023/1805;
verification risk
means the risk, as a function of inherent, control and detection risk, of the verifier expressing an inappropriate verification opinion where the FuelEU report and partial FuelEU report are not free of material misstatements;