AACS - Complaints procedure
Since AMA is both operator of AACS, certification body and authority, every complaint with regard to AACS shall be processed and investigated to maintain reliability and integrity. To submit a complaint, please use the following form, which must meet the criteria below.
The legal basis for complaint management under the AACS system is Directive (EU) 2018/2001 and its implementing regulation (EU) ..../2022 on "Rules for the verification of sustainability and greenhouse gas emission saving criteria and low indirect risk land use change criteria", in particular Article 5. Currently, this implementing regulation is only available in draft form. A final legally binding decision is still expected in 2022.
Formal criteria for the validity of a complaint
- AMA is the addressee of the complaint in the context of its activities for the AACS system.
- Economic operators, certification bodies, another national authority or bodies of the EU Commission or non-governmental organisations (NGOs) or any third party can act as complainants.
- The complaint must be submitted in writing, by FAX or online.
- The complaint must be described in attached documents in such a way that an independent party can form a picture of the situation on the basis of the documents.
Content criteria for complaint assessment
- The reason for the complaint (against whom is the complaint directed, type and quantity of sustainable goods, description of the business case....)
- Possible order of magnitude
- Possible causes
- Possible effects
If the complaint is incomplete or unclear with regard to the criteria listed above, the complainant should be contacted to obtain the missing information from his point of view. If the complaint was submitted anonymously and cannot be clarified further due to the lack of a contact person, the complaint process should be terminated after documentation and archiving.
- The complaint must be analysed and documented by the department responsible for the AACS system.
- The complaint must be processed within a set period of 10 days.
- A decision must be made as to whether the complaint is sufficiently relevant or whether there is reasonable suspicion to investigate it further.
In case of relevance or reasonable suspicion, the sender, if known by name, will be informed immediately about the receipt of the complaint and the further procedure.
- If a complaint is lodged against a participant of the AACS, this participant will be requested to review the reason for the complaint.
The participant concerned will be given a reasonable period of time to submit a written response.
- If it does not object to the complaint, it shall be requested to remedy the cause of the complaint and its causes. In case of objection or need, an extraordinary on site inspection may be ordered to further clarify the facts of the case. After the on site inspection has been carried out, the result must be reviewed.
- If the result of the on site inspection is not satisfactory and violations are found, sanctions are to be imposed in.
- If the cause of complaint could not be eliminated, further measures are taken until it is permanently eliminated.
Upon the request by the Commission, AMA will provide all documents related to a complaint and its handling concerning AACS.