1. Where a Competent Body believes that a registered organisation does not comply with this Regulation, it shall give the organisation the opportunity to submit its views on the matter. Should the organisation fail to provide a satisfactory response it shall be deleted or suspended from the register.
2. Where a Competent Body receives a written supervision report from the Accreditation or Licensing Body which provides evidence that the activities of the environmental verifier were not performed adequately enough to ensure that the requirements of this Regulation are met by the registered organisation, registration shall be suspended.
3. A registered organisation shall be suspended or deleted from the register, as appropriate, if it fails to submit to a Competent Body, within two months of being required to do so, any of the following:
(a)
the validated environmental statement, an updated environmental statement or the signed declaration referred to in Article 25(9);
(b)
a form which includes at least the minimum information set out in Annex VI from the organisation.
4. If a Competent Body is informed through a written report by the competent enforcement authority of a breach by the organisation of any applicable legal requirements relating to the environment, it shall suspend or delete the reference to that organisation from the register as appropriate.
5. In case a Competent Body decides to suspend or delete a registration it shall take into account at least the following:
(a)
the environmental effect of the non-compliance by the organisation with the requirements of this Regulation;
(b)
the foreseeability of the non-compliance by the organisation with the requirements of this Regulation or the circumstances leading to it;
(c)
previous instances of non-compliance with the requirements of this Regulation by the organisation; and
(d)
the specific circumstances of the organisation.
6. In order to obtain the necessary evidence for taking its decision on suspension or deletion of organisations from the register, the Competent Body shall consult the concerned parties including the organisation.
7. Where the Competent Body has received evidence, other than by means of a written supervision report of the Accreditation or Licensing Body, that activities of the environmental verifier were not performed adequately enough to ensure that the requirements of this Regulation are met by the organisation, it shall consult the Accreditation or Licensing Body supervising the environmental verifier.
8. The Competent Body shall give reasons for any measures taken.
9. The Competent Body shall provide appropriate information to the organisation concerning the consultations with the concerned parties.
10. Suspension of an organisation from the register shall be lifted if the Competent Body has received satisfactory information that the organisation is in compliance with the requirements of this Regulation.