Commission Regulation (EU) No 920/2010 (repealed)Show full title

SECTION 1 Allocation and issue of allowances

Article 33 National allocation plan tables

1. The EUTL shall contain one national allocation plan table for each Member State for the 2008-2012 period. National allocation plan tables shall include the following information:

(a) total number of allowances to issue to installations: in a single cell the total number of allowances that will be issued to installations for the period covered by the national allocation plan;

(b) total number of allowances not allocated to incumbent installations (reserve): in a single cell the total number of allowances (issued or purchased) that are set aside for new entrant installations and auctioning for the period covered by the national allocation plan;

(c) years: in individual cells for each of the years covered in the national allocation plan in ascending order;

(d) Installation identification code of every installation that has a valid permit at the moment: in individual cells in ascending order. The installations listed shall include installations unilaterally included under Article 24 of Directive 2003/87/EC and shall not include any installations temporarily excluded under Article 27 of Directive 2003/87/EC;

(e) Allocated allowances: the allowances to be allocated for a specified year for a specified installation shall be entered into the cell connecting that year to that installation’s identification code.

2. The national allocation plan tables shall follow the format set out in Annex XI.

Article 34 Union aviation allocation table

1. The EUTL shall contain a single Union aviation allocation table for the year 2012. This table shall tabulate the following information:

(a) the total number of Chapter II allowances to be allocated in the Union in 2012;

(b) the number of Chapter II allowances already allocated for free to each account holder listed in the table;

(c) the number of Chapter II allowances not yet allocated by the Member States, shown separately for each Member State;

(d) the identity of the receivers of the allocation(in the case of allowances allocated through auction, the receiver shall be the auctioneer).

2. The Union aviation allocation table shall follow the format set out in Annex XII.

Article 35 Entry into the EUTL of national allocation plan tables

1. At least 12 months before the start of the 2008-2012 period, each Member State shall notify to the Commission its national allocation plan table, corresponding to the decision taken under Article 11(2)of Directive 2003/87/EC.

2. If the national allocation plan table is based upon the national allocation plan notified to the Commission which was not rejected under Article 9(3) of Directive 2003/87/EC or on which the Commission has accepted proposed amendments, the Commission shall instruct the Central Administrator to enter the national allocation plan table into the EUTL.

Article 36 Entry of allocation decisions in the Union aviation allocation table

If the Chapter II allowance allocation decisions taken by Member States under Article 3e(4), of Directive 2003/87/EC with respect to the year 2012 are in conformity with Directive 2003/87/EC, the Commission shall instruct the Central Administrator to enter the allocation decisions into the Union aviation allocation table in the EUTL.

Article 37 Corrections of national allocation plan tables

1. For the 2008-2012 period, the national administrator shall carry out corrections to the national allocation plan table in the EUTL without notifying the Commission in advance, where:

(a) a new entrant was granted an allocation;

(b) the Member State has replenished the reserve through the purchase of allowances;

(c) an installation's permit has expired and any allocation not yet delivered to its account are moved to the reserve;

(d) an installation was split into two or more installations;

(e) two or more installations were merged into one installation.

Those corrections shall not change the total issued quantity of allowances set out in the national allocation plan table.

2. A Member State shall notify in advance any correction other than those referred to in paragraph 1 to its national allocation plan together with each corresponding correction in its national allocation plan table to the Commission. If the correction to the national allocation plan table is based upon the national allocation plan notified to the Commission which was not rejected under Article 9(3) of Directive 2003/87/EC or on which the Commission has accepted amendments and that correction results from improvements in data, the Commission shall instruct the Central Administrator to enter the corresponding correction into the national allocation plan table held in the EUTL.

3. Subsequent to any correction made pursuant to paragraph 2 which occurs after allowances have been issued or allocated, and which reduces the total quantity of allowances for the 2008-2012 period, the national administrator shall transfer the number and type of allowances specified by the Union registry to the Union allowance deletion account for the relevant period.

Article 38 Corrections of the Union aviation allocation table

1. The national administrator may carry out the corresponding corrections to the Union aviation allocation table in the EUTL without notifying the Commission in advance, where:

(a) a new aircraft operator started operating;

(b) an auctioneer was awarded Chapter II allowances for auctioning;

(c) an aircraft operator was split into two or more aircraft operators;

(d) two or more aircraft operators have merged into a single aircraft operator.

2. Such corrections shall not change the total quantity of Chapter II allowances set out in the Union aviation allocation table.

3. A Member State shall notify any correction other than those referred to in paragraph 1. and required to correct an over-allocation caused by an error by the Commission or a Member State to its Chapter II allowance allocation decision taken under Article 3e, paragraph (4) of Directive 2003/87/EC to the Commission. If the correction is in conformity with Directive 2003/87/EC, the Commission shall instruct the Central Administrator to correct the Union aviation allocation table on the basis of this decision and enter it into the EUTL.

4. After any correction made pursuant to paragraph 2. which occurs after Chapter II allowances have been allocated in accordance with Article 41 and which reduces the total quantity of Chapter II allowances for the 2008-2012 period, the national administrator shall, transfer the number of Chapter II allowances specified by the Central administrator to the Union allowance deletion account for the relevant period.

5. If a merger between aircraft operators involves aircraft operators that are administered by different Member States, the correction under paragraph (1)(d) shall be initiated by the national administrator administering the aircraft operator whose allocation is to be merged into the allocation of another aircraft operator. Before carrying out the correction, consent shall be obtained from the national administrator administering the aircraft operator whose allocation will incorporate the allocation of the merged aircraft operator.

Article 39 Issuance of Chapter III allowances

1. After the national allocation plan table has been entered into the EUTL, the national administrator shall, by 28 February of the first year of the 2008-12 period:

(a) transfer an amount of AAUs issued for the 2008-2012 period that is equal to the quantity of Chapter III allowances to be issued from a KP Party holding account to the ETS AAU deposit account;

(b) issue the total quantity of Chapter III allowances set out in the national allocation plan table into its national allowance holding account in the Union registry.

2. Prior to the action referred to in paragraph 1, KP registry administrators shall notify the account ID of the designated ETS AAU deposit account in their KP registry to the Central Administrator.

3. The Union registry shall assign each allowance a unique unit identification code upon their issuance in accordance with paragraph 1.

4. Member States with no KP registry shall not carry out the action under point (a) of paragraph 1.

Article 40 Allocation of Chapter III allowances

1. Without prejudice to Articles 37 and 47, by 28 February of each year, the national administrator shall transfer from the national allowance holding account to the relevant open operator holding account the proportion of the total quantity of Chapter III allowances issued which has been allocated to the corresponding installation for that year in accordance with the relevant section of the national allocation plan table.

2. Where foreseen for an installation in the national allocation plan of the Member State, the national administrator may transfer that proportion at a later date of each year.

3. If an installation is allocated additional Chapter III allowances in the national allocation plan table as a result of corrections in accordance with Article 37, the national administrator shall transfer from the national allowance holding account to the relevant open operator holding account the additionally allocated Chapter III allowances for the current year at the time when instructed to do so by the competent authority.

Article 41 Allocation of Chapter II allowances

1. After the Union aviation allocation table has been entered into the EUTL, the national administrator shall by 28 February 2012, create a quantity of Chapter II allowances on each open aircraft operator holding account that is equal to the allocation set out in the Union aviation allocation table for the holder of that account for that year.

2. The Union registry shall assign each allowance a unique unit identification code upon their creation in accordance with paragraph 1.

3. If an account holder is allocated additional Chapter II allowances in the Union aviation allocation table as a result of corrections in accordance with Article 38, the national administrator shall, when instructed by the competent authority, create an additional quantity of allocated Chapter II allowances on each open aircraft operator holding account that is equal to the additional allocation set out in the Union aviation allocation table for the holder of that account for the current year.

4. Where an inactive aircraft operator holding account does not receive allowances under paragraph 1, those allowances shall not be created in the account should it be subsequently set to open status.

Article 42 Allocation of Chapter III allowances following their sale by Member State

During the 2008-2012 period, if instructed to do so by the competent authority, following a sale of 2008-2012 Chapter III allowances by a Member State, the national administrator shall transfer a quantity of Chapter III allowances from the national allowance holding account to the holding account designated by the competent authority.