Commission Regulation (EU) No 920/2010 (repealed)Show full title

CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

Article 77 Migration and Decoupling

1. When implementing this Regulation, the following migration process shall apply:

(a) KP registry administrators shall convert any allowances held in any account that are recognised as AAUs by the ITL into AAUs by removing the allowance element from the unique unit identification code of each such AAU and transfer them into the ETS AAU deposit account in their KP registry;

(b) the Central Administrator shall:

(i)

create an amount of allowances not recognised as AAUs by the ITL in the Union registry that is equal to the amount transferred in accordance with paragraph (1)(a);

(ii)

make available in the Union registry a set of accounts equivalent to the set from which allowances were transferred in accordance with paragraph (1)(a);

(iii)

transfer an amount of allowances created in accordance with (i) to accounts referred to in (ii). The amount of allowances transferred to each such account shall be equal to the amount transferred from the equivalent account in accordance with paragraph (1)(a).

2. The KP registry administrators and the Central Administrator shall ensure that relevant historical data related to the account is transferred from the Member States’ registries to the Union registry.

3. The migration process shall be implemented in accordance with procedures defined in the Data Exchange and Technical Specifications referred to in Article 71. In the course of the migration process, operation of the registry system may be suspended by the Central Administrator for a period of up to 14 calendar days.

Article 78 Amendments of Regulation (EC) No 2216/2004

Regulation (EC) No 2216/2004 is amended as follows:

1.

in Article 6, the following paragraph 4 is added:

‘4. The Central Administrator may establish a restricted communication link between the CITL and the registry of an Accession Country for the purposes of enabling such registries to communicate with the UNFCCC independent transaction log through the CITL and to record verified emissions data of operators in the CITL. Such registries must successfully complete all testing and initialisation procedures required of registries.’;

2.

in Article 10, paragraph 2 is replaced with the following paragraphs 2 to 2e:

‘2. The following entities may obtain data stored in the registries and the CITL:

(a) the law enforcement and tax authorities of a Member State;

(b) the European Anti-fraud Office of the European Commission;

(c) Europol;

(d) registry administrators of Member States.

2a. Transaction data may be provided to the entities listed under paragraph 2. upon their request to the Central Administrator or to a registry administrator if such requests are justified and necessary for the purposes of investigation, detection and prosecution of fraud, tax administration or enforcement, money laundering, terrorism financing or serious crime.

2b. An entity receiving data in accordance with paragraph 2a shall ensure that the data received is only used for the purposes stated in the request in accordance with paragraph 2a and is not made available deliberately or accidentally to persons not involved in the intended purpose of the data use. This provision shall not preclude these entities to make the data available to other entities listed in paragraph 2, if this is necessary for the purposes stated in the request made in accordance with paragraph 2a.

2c. Upon their request, the Central administrator may provide access to anonymised transaction data to the entities listed in paragraph 2. for the purpose of looking for suspicious transaction patterns. Entities with such access may notify suspicious transaction patterns to other entities listed in paragraph 2.

2d. Registry administrators shall make available through secure means to all other registry administrators the names and identities of persons whom they refused to open an account for, or whom refused to nominate as an authorised representative or additional authorised representative.

2e. Registry administrators may decide to notify to national law enforcement authorities all transactions that involve a number of units above the amount determined by the registry administrator and to notify any account that is involved in a number of transactions within a 24-hour period that is above an amount determined by the registry administrator.’;

3.

in Article 11, the following paragraph 6 is added:

‘6. The account holder of a person holding account, a verifier account or an aircraft operator holding account may not sell or divest of the ownership of its account to another person. The account holder of an operator holding account may only sell or divest of its operator holding account together with the installation linked to the operator holding account.’;

4.

in Article 19, paragraph 2 is replaced with the following:

‘2. Within 10 days of the receipt of an application in accordance with paragraph 1 the registry administrator shall create a person holding account in its registry in accordance with the account creation process set out in Annex VIII or inform the person requesting the account opening that it refuses to open the account.’;

5.

in Article 19, paragraph 3 is replaced with the following:

‘3. The applicant shall notify the registry administrator within 10 days of any changes in the information provided to the registry administrator pursuant to paragraph 1. Within 10 days of the receipt of such a notification the registry administrator shall update the person’s details in accordance with the account update process set out in Annex VIII or refuse updating and inform the account holder thereof.’;

6.

in Article 19, the following paragraphs 5 and 6 are added:

‘5. If the registry administrator refused opening the account or refused updating information related to the account, the person requesting the account opening may object to this refusal with the competent authority, who shall either instruct the registry administrator to open the account or uphold the refusal in a reasoned decision. Reasons for refusing the opening an account may be that the person requesting the account opening is under investigation for being involved in fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes to which the account may be an instrument, or any other reason set out in national law.

6. The registry administrator may require that EU persons requesting the account opening have their permanent residence or registration in the Member State of the registry.’;

7.

the following Article 21a is inserted:

‘Article 21a Closure of accounts and removal of authorised representative on the administrator's initiative

1. If the situation giving rise to the suspension of access to accounts pursuant to Article 67 is not resolved within a reasonable period despite repeated notifications, the competent authority may instruct the registry administrator to close those person holding accounts where access is suspended.

2. The account holder may object to the closure of its account in accordance with paragraph 1 with the competent authority within 30 calendar days, who shall either instruct the registry administrator to reinstate the account or uphold the closure in a reasoned decision.

3. If there is a positive balance of allowances or Kyoto units on an account which the registry administrator is to close after suspension in accordance with Article 67(1), the registry administrator shall first request the account holder to specify another account administered by the same administrator to which such allowances or Kyoto units shall then be transferred. If the account holder has not responded to the administrator’s request within 40 working days, the administrator may transfer the allowances or Kyoto units to its national allowance holding account.

4. If there is a positive balance of allowances or Kyoto units on an account which was suspended in accordance with Article 67(1b), the competent authority may require in its instruction in accordance with paragraph 1 that these allowances or Kyoto units are moved immediately to the relevant national allowance holding account and KP Party holding account.’;

8.

in Article 23, the following paragraphs 5 to 10 are added:

‘5. Authorised representatives must be natural persons over 18 years. All authorised representatives and additional authorised representatives of a single account must be different persons but the same person can be an authorised representative or an additional authorised representative on more than one account. The registry administrator may require that at least one of the authorised representatives of operator holding accounts or person holding accounts must be a permanent resident in the Member State of the registry.

6. When nominating an authorised representative or additional authorised representative, the account holder shall provide the information required by the registry administrator. That information shall include at least the documents and identification information on the nominee set out in Annex IVa.

7. The registry administrator shall evaluate the information received and if it finds it satisfactory, it shall approve the nominee within 20 working days of receiving the information or inform the person requesting the account opening that it refuses the approval. Where the evaluation of the nominee information requires more time, the registry administrator may once extend the evaluation process by up to 20 additional working days, and notify the extension to the account holder.

8. If the registry administrator refused to approve an authorised representative or additional authorised representative, the person requesting the account opening may object to this refusal with the competent authority, who shall either instruct the registry administrator to carry out the approval or uphold the refusal in a reasoned decision. Reasons for refusing the approval may be that the person nominated as authorised representative or additional authorised representative is under investigation for being involved in fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes to which the account may be an instrument, or any other reason set out in national law.

9. An authorised representative or additional authorised representative may not transfer its status as such to another person.

10. The registry administrator may remove an authorised representative or an additional authorised representative if it considers that the approval of the authorised representative or an additional authorised representative should have been refused in accordance with paragraph 7. and in particular if it discovers that the documents and identification information provided in upon nomination were fraudulent or erroneous. The account holder may object to this removal with the competent authority who shall either instruct the registry administrator to re-approve the authorised representative or an additional authorised representative or uphold the removal in a reasoned decision. Reasons for removal of an authorised representative or an additional authorised representative may be that he or she is convicted for being involved in fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes to which the account may be an instrument, or any other reason set out in national law.’;

9.

in Article 34a, the following paragraph 2a is inserted:

‘2a. If a registry administrator unintentionally or erroneously initiated an allocation under Article 46 that resulted in allocating allowances to an installation that was not operating anymore at the time of the allocation transaction, the competent authority may notify its request to the Central Administrator to carry out a manual intervention in order to reverse the transaction within the deadlines set out in paragraph 2.’;

10.

Section 1 of Chapter V is deleted;

11.

Article 49(1)(b) is deleted;

12.

Article 53 is amended as follows:

(a)

the second paragraph is replaced by the following:

‘The registry administrator shall only accept requests to surrender CERs and ERUs up to the percentage of allocation to each installation specified by Member State legislation. The CITL shall reject any request to surrender CERs and ERUs that would surpass the maximum allowed amount of CERs and ERUs to be surrendered in the Member State, or that would result in surrendering CERs or ERUs that are barred from surrendering in accordance with Article 11a of Directive 2003/87/EC.’;

(b)

the following paragraphs are added:

‘A CER or ERU that was already surrendered may not be surrendered again nor transferred to an operator or person holding account in the EU ETS.

Surrendered CERs and ERUs shall only be transferred into a retirement account.’;

13.

Article 54 is deleted;

14.

Article 58 is deleted;

15.

Section 7 of Chapter V is deleted;

16.

Article 62(2) is deleted;

17.

in Article 67, the following paragraphs 1a, 1b and 1c are inserted:

‘1a. An administrator may suspend the access of authorised representatives and additional authorised representatives to a specific account where one of the following conditions is fulfilled:

(a) the account holder died without a legal successor or ceased to exist as a legal person;

(b) the account holder did not pay its fees; or

(c) the account holder violated the terms and conditions applicable to the account; or

(d) the account holder did not agree to the changes in the terms and conditions;

(e) the account holder did not provide evidence concerning the changes to account information;

(f) the account holder failed to maintain the required minimum number of authorised representatives for the account;

(g) the account holder failed to maintain compliance with the Member State requirement to have an authorised representative with a permanent residence in the Member State of the administrator of the account;

(h) the account holder failed to maintain compliance with the Member State requirement that the account holder have a permanent residence or registration in the Member State of the administrator of the account.

1b. The registry administrator may suspend access to a person holding account if it considers that its opening should have been refused on the basis of Article 19(2). The account holder may object to the suspension with the competent authority or the relevant authority under national law within 30 calendar days, who shall either instruct the registry administrator to reinstate access or uphold the suspension in a reasoned decision.

1c. The competent authority, or in the case of accounts in the Union registry, the Central administrator may also instruct the administrator to implement a suspension in accordance with paragraph 1a.’;

18.

Annex IV is replaced with the following:

‘ANNEX IV Information concerning person holding accounts to be provided to the registry administrator

1. The information set out in Table IV-I. (The account ID and the alphanumeric identifier shall be unique within the registry.)

Table IV-I

1	Account ID (given by registry)
2	Account type
3	Commitment period
4	Account holder ID (issued by registry)
5	Account holder Name
6	Account Identifier (given by account holder)
7	Account holder address — country
8	Account holder address — region or state
9	Account holder address — city
10	Account holder address — postcode
11	Account holder address — street
12	Account holder address — street No
13	Account holder address Company registration No or ID No
14	Account holder address Telephone 1
15	Account holder address Telephone 2
16	Account holder address email address
17	Date of Birth (for natural persons)
18	Place of Birth (for natural persons)
19	VAT registration number with country code

2. Proof that the person requesting the account opening has an open bank account in a Member State of the European Economic Area.

3. Evidence to support the identity of the person requesting the account opening, which may be a certified copy one of the following:

(a)

a passport or identity card issued by a state that is a member of the European Economic Area or the Organisation for Economic Cooperation and Development;

(b)

any other passport, certified by an EU embassy as valid.

4. Evidence to support the address of the permanent residence of the natural person account holder, which may be a certified copy of one of the following:

(a)

the identity document submitted under point 3, if it contains the address of the permanent residence;

(b)

any other government-issued identity document that contains the address of permanent residence;

(c)

if the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the nominee's permanent residence;

(d)

any other document that is customarily accepted in the Member State of the administrator of the account as evidence of the permanent residence of the nominee.

5. Evidence to support the registered address of the legal person account holder, which may be a certified copy of one of the following:

(a)

the instrument establishing the legal entity;

(b)

proving the registration of the legal entity.

6. Any document submitted as evidence under points 4 or 5 that was issued by a government outside the European Economic Area or the Organisation for Economic Cooperation and Development must be certified as authentic by a notary public.

7. The registry administrator may require that the documents submitted are accompanied with a certified translation into a language specified by the registry administrator.’;”

19.

the following Annex IVa is inserted:

‘ANNEX IVa Information concerning authorised representatives and additional authorised representatives to be provided to the registry administrator

Table IVa-I:

Authorised representative details

1	Person ID
2	Type of AR
3	First Name
4	Last Name
5	Title
6	Job title
7	Address — country
8	Address — region or state
9	Address — city
10	Address — postcode
11	Address — street
12	Address — street number
13	Telephone 1
14	Telephone 2
15	E-mail address
16	Date of Birth
17	Place of Birth
18	Preferred language
19	Confidentiality level
20	AARs rights

1. The information set out in Table IVa-I.

2. A signed statement from the account holder indicating that it wishes to nominate a particular person as authorised representative or additional authorised representative.

3. Proof that the nominee has an open bank account in a Member State of the European Economic Area.

4. Evidence to support the identity of the nominee, which may be a certified copy of one of the following:

(a)

passport or identity card issued by a state that is a member of the European Economic Area or the Organisation for Economic Cooperation and Development;

(b)

any other passport, certified by an EU embassy as valid.

5. Evidence to support the address of the permanent residence of the nominee, which may be a certified copy of one of the following:

(a)

the identity document submitted under point 4, if it contains the address of the permanent residence;

(b)

any other government-issued identity document that contains the address of permanent residence;

(c)

if the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the nominee's permanent residence;

(d)

any other document that is customarily accepted in the Member State of the administrator of the account as evidence of the permanent residence of the nominee.

6. Any document submitted as evidence under point 5 that was issued by a government outside the European Economic Area or the Organisation for Economic Cooperation and Development must be certified as authentic by a notary public.

7. The registry administrator may require that the documents submitted are accompanied with a certified translation into a language specified by the registry administrator.’;”

20.

Annex XIa is amended as follows:

(a)

in Table XIa-3, the sentence ‘The allowances allocated for the years before the current year will have a value of zero.’ is deleted;

(b)

in Table XIa-4, the sentence ‘The allowances allocated for the years before the current year won’t be modified.’ is deleted;

(c)

in Table XIa-7, the code ‘7215’ is deleted;

21.

in Annex XII, the description beside response code 7701 in Table XII-I shall be replaced with the following text:

‘Allocation must be provided for all the years.’;

22.

Annex XVI is amended as follows:

1.

point 1 is replaced with the following:

‘1. The Central Administrator shall display and update the information in paragraphs 2 to 4c in respect of the registry system on the public area of the Community independent transaction log's website, in accordance with the specified timing, and each registry administrator shall display and update the information in paragraphs 2 to 4b information in respect of its registry on the public area of that registry's website, in accordance with the specified timing.’;

2.

point 2(a) is replaced with the following:

‘(a)

name, address, city, postcode, country, telephone number and email address of the account holder.’;

3.

point 2(c) is replaced with the following:

‘(c)

name, address, city, postcode, country, telephone number, facsimile number and email address of the primary and secondary authorised representatives of the account specified by the account holder for that account, provided that the account holder requested the registry administrator in writing to display all or some of this information.’;

4.

points 4(a) and (b) are replaced with the following:

‘(a)

verified emissions figure, along with its corrections for the installation related to the operator holding account for year X shall be displayed from 1 April onwards of year (X+1), or if 1 April falls on a weekend or on a holiday, then the verified emissions figure shall be displayed from the first working day following 1 April.;

(b)

units surrendered pursuant to Articles 52 and 53, by unit identification code (in the case of ERUs and CERs), for year X shall be displayed from 1 May onwards of year (X+1);’;

5.

point 4c is added:

‘4c. A list shall be displayed and updated every 24 hours that displays the unit IDs of all allowances, CERs and ERUs that were surrendered. In the case of CERs and ERUs, project name, originating country and project ID shall also be displayed.’;

6.

point 12a is replaced by the following:

‘12a. The CITL shall display on its public website the following general information, on 30 April of each year:

• the percentage share of allowances surrendered in each Member State in the preceding calendar year that were surrendered from the account to which they were allocated to,

• the sum of verified emissions by Member State entered for the preceding calendar year as a percentage of the sum of verified emissions of the year before that year,

• the percentage share belonging to accounts administered by a particular Member State in the number and volume of all allowance and Kyoto unit transfer transactions in the preceding calendar year,

• the percentage share belonging to accounts administered by a particular Member State in the number and volume of all allowance and Kyoto unit transfer transactions in the preceding calendar year between accounts administered by different Member States.’

Article 79 Repeal

Regulations (EC) No 2216/2004 and (EC) No 994/2008 are repealed with effect from 1 January 2012.

Article 80 Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

Articles 2 to 76 and the Annexes shall apply from 1 January 2012.