Changes from plenary report to adopted text

Added(a) it shall serve as a basis for the verification assessment in accordance with Articles 12 and 13;

Added(b) it shall be made available upon request of a competent authority, in accordance with the rules set out in the delegated act referred to in Article 13(9), or another third party insofar separate legal or contractual arrangements apply; [Am. 82]

Added(c) where the verification is performed in accordance with Article 12 and 13, it shall include a reference to the proof of compliance referred to in Article 13(6), and the contact information of the conformity assessment body that drew up the proof of compliance;

Added(d) where the output data are established through the use of an external calculation tool referred to in Article 9(2), it shall include a reference to that calculation tool.

Added5. The output data and evidence referred to in paragraph 54 shall be established in a clear and unambiguous manner, at least in one of the official languages of the Union. Where possible, They shall be made in a harmonised and simple form, available in the form of a weblink, QR code or equivalent, enabling interoperability of output data and evidence across different providers of transport services. [Am. 83]

Added6. Personal data shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council.

Added7. Any recipient of output data and of evidence referred to in paragraph 54, shall take measures to ensure the confidentiality of relevant commercial data that are processed and communicated in accordance with this Regulation, and ensure that such data may be accessed, processed and disclosed only when authorised. [Am. 84]

AddedCHAPTER V COMPLEMENTARY MEASURES

AddedArticle 11 Certification of calculation tools

Added1. External calculation tools referred to in Article 9, paragraph 2 shall be certified by a conformity assessment body referred to in Article 14.

Added2. Calculation tool developer shall submit an application to a conformity assessment body that shall assess the compliance of the calculation tool with the requirements laid down in Articles 4 to 9. In the case of a positive assessment, the conformity assessment body shall issue a certificate of conformity of the calculation tool to this Regulation specifying whether the tool supports calculations based on primary data. In the case of a negative assessment, the conformity assessment body shall provide the reasons for the negative assessment to the applicant. [Am. 85]

Added2a. Calculation tools that are used internally by an entity to calculate greenhouse gas emissions of a transport service within the scope of this Regulation shall also be aligned with the requirements set out by the reference methodology referred to in Article 4(1). [Am. 86]

Added3. The conformity assessment body concerned shall maintain an up-to-date list of the calculation tools that it has certified and for which it has withdrawn or suspended certification. It shall make that list publicly available on its website and shall communicate the address of that website to the Commission without delay.

Added4. The certificate shall be valid for two years.

Added5. The Commission shall publish on its official website aan easily accessible list of all calculation tools that are certified in accordance with paragraph 1 and paragraph 2, as well as link to the websites referred in paragraph 3. [Am. 87]

Added6. The Commission shall adopt implementing acts in accordance with Article 17 to lay down rules on the certification of calculation tools, the related certificate of conformity, including rules on the renewal, suspension and withdrawal of certification.

AddedCHAPTER VI VERIFICATION OF GHREENHOUSE GAS EMISSION DATA AND CALCULATION PROCESSES

AddedArticle 12 Scope of the verification

Added1. Output data referred to in Article 9 shall be subject to verification of its conformity with the requirements laid down in Articles 4 to 9 of this Regulation. Verification shall be carried out at least annually in accordance with the delegated acts referred to in Article 13(9). Verification may also be requested by the conformity assessment body, another concerned entity or its customers. [Am. 88]

Added2. The annual verification requirements referred to in paragraph 1 shall apply to concerned entities referred to in Article 2, with the exception of micro, small and medium-sized enterprises referred to in Commission Recommendation 2003/361/EC. The micro, small and medium-sized enterprises may undergo the verification upon their request. [Am. 89]

AddedArticle 13 Verification activities and process

Added1. The conformity assessment body referred to in Article 14 shall verify the reliability, credibility, adherence and accuracy of the output data disclosed by a concerned entity. Verification shall be carried out at least annually, and in accordance with the detailed rules set out in the delegated acts referred to in Article 13(9). [Am. 90]

Added2. The verification shall be performed in accordance with the requirements laid down in Articles 4 to 9, and based on evidence referred to in Article 10(5). This verification shall address:

Added(a) the calculation methodology used;

Added(b) the source(s) of the input data used for the calculation, and the share of primary data used; [Am. 91]

Added(c) the correctness of the calculation performed;

Added(d) the metrics applied.

Added2a. Data intermediaries shall be verified on the basis of whether their algorithms properly incorporate and enable the display of faithfully sorted information according to emissions including it as a default option, as well as the different data quality-related filters or highlights, as referred to in Article 10(2a). [Am. 92]

Added3. Where external calculation tools are used, the conformity assessment body takes into account their respective certificate of conformity referred to in Article 11.

Added3a. Where the entity uses its own calculation tools for the output data referred to in the first sentence of Article 9(1), the conformity assessment body shall assess their compliance with the requirements of the reference methodology referred to in Article 4(1)). [Am. 93]

Added4. Where the verification assessment identifies incorrect calculations or non-compliance with Articles 4 to 9 of this Regulation, the conformity assessment body shall inform the entity concerned thereof in a timely mannerwithout delay. That entity shall then correct the calculation or remedy non-conformities so as to enable the verification process to be completed. [Am. 94]

Added4a. If the entity, following at least two notifications by the conformity assessment body, refuses to correct the calculations or remedy non-conformities with regard to Article 4 to 9 of this Regulation, the competent authority shall at the request of the conformity assessment body initiate a penalty procedure in accordance with the detailed rules set out in the delegated act referred to in paragraph 9. The penalties provided for shall be effective, proportionate and dissuasive and may take into account, among other aspects the economic benefits generated or expected to be generated by the concerned entity from the non-compliance, where applicable. [Am. 95]

Added5. The entity concerned shall provide, within 30 days, the conformity assessment body with any additional information that enables it to carry out the verification procedures. The conformity assessment body may conduct checks during the verification process, in accordance with the detailed rules set out in the delegated act referred to in paragraph (9), to determine the reliability of data and calculations. [Am. 96]

Added6. Upon completion of the verification, the conformity assessment body shall draw up, where appropriate, a proof of compliance confirming that the output data comply with the respective requirements set out in this Regulation and specifying whether the entity uses primary data. [Am. 97]

Added7. The conformity assessment body concerned shall draw up and maintain an up-to-date list of the entities that have undergone the annual verification pursuant to paragraphs 1 to 6. By 31 March each year, the conformity assessment body shall notify that list to the Commission. [Am. 98]

Added8. Where other Union legislation lays down specific rules on the verification assessment of output data, those rules shall be treated in an equivalent manner, under the condition that the verification assessment is established consistently with this Regulation.

Added9. The Commission shall adopt implementingdelegated acts in accordance with Article 1716 laying down detailed rules on the verification of the output data anddate, the related proof of compliance and penalty procedures. Those rules shall include provisions related to the evidence referred to in Article 10(5), and the communication rights associated with the use of primary data referred to in Article 10(4). [Am. 99]

AddedCHAPTER VII ACCREDITATION

AddedArticle 14 Conformity Assessment Bodies

Added1. Conformity assessment bodies shall be accredited to perform verification or certification activities referred to in Articles 11, 12 and 13.

Added2. The conformity assessment body shall be independent from anany entity applying for the verification or certification activities referred to in Articles 11, 12 and 13. [Am. 100]

Added3. The conformity assessment body, its top-level management and the personnel responsible for carrying out the verification tasks shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to verification or certification activities.

Added4. The conformity assessment body and its personnel shall carry out the verification or certification activities with the highest degree of professional integrity and the requisite technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their verification activities, especially as regards persons or groups of persons with an interest in the results of those activities.

Added5. The conformity assessment body shall have the expertise, equipment and infrastructure required to perform the verification or certification activities in relation to which it has been accredited.

Added6. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out the verification and certification tasks.

Added7. Where a conformity assessment body subcontracts specific tasks connected with verification or certification, or has recourse to a subsidiary, it shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established, including by assessing and monitoring of the qualifications of the subcontractor or the subsidiary and the work carried out by them.

AddedArticle 15 Accreditation procedures

Added1. Conformity assessment bodies referred to in Article 14(1) shall be accredited by a national accreditation body pursuant to Chapter II of Regulation (EC) of the European Parliament and of the Council No 765/2008.

Added2. Each Member State shall designate an authority that shall maintain an up-to-date list of the accredited conformity assessment bodies. Those designated national authorities shall make that list publicly available on an official government website.

Added3. By 31 March each year, the national accreditation body shall notify to the Commission the list of accredited conformity assessment bodies, together with all relevant contact information.

Added4. The Commission is empowered to adopt delegated acts in accordance with Article 16, to supplement this Regulation by establishing further methods and criteria of accreditation of conformity assessment bodies.

AddedCHAPTER VIII DELEGATED AND IMPLEMENTING POWERS

AddedArticle 16 Exercise of the delegation

Added1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

Added2. The power to adopt delegated acts as referred to in Article 4(4), Article 4(5), Article 4(6), Article 5(2a), Article 9(4), Article 13(9)9(4) and Article 15(4) shall be conferred on the Commission for an undetermined period of time from [OP: Please insert a date: entry into force of this Regulation]. [Am. 101]

Added3. The delegation of power referred to in Article 4(4), Article 4(5), Article 4(6), Article 5(2a), Article 9(4), Article 13(9)9(4) and Article 15(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 102]

Added4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Added5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

Added6. A delegated act adopted pursuant to Article 4(4), Article 4(5), Article 4(6), Article 5(2a), Article 9(4), Article 13(9)9(4) and Article 15(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 103]

AddedArticle 17 Committee procedure