Commission Regulation (EU) No 920/2010 (repealed)Show full title

SECTION 3 Surrender of allowances, ERUs and CERs

Article 46 Surrender of allowances

1. An operator or aircraft operator shall surrender allowances for the 2008-2012 period by proposing to the Union registry to:

(a) move a specified number of 2008-12 period allowances from the relevant operator holding account or aircraft operator holding account into the Union allowance deletion account;

(b) record the number and type of transferred allowances as surrendered for the emissions of the operator's installation or the emissions of the aircraft operator in the current period.

2. Chapter II allowances may only be surrendered by aircraft operators.

3. An allowance that was already surrendered may not be surrendered again.

Article 47 Surrender of allowances on instruction of the competent authority

If instructed to do so by the competent authority, the national administrator shall surrender part or all of the proportion of the total quantity of allowances issued which has been allocated to an installation or an aircraft operator for a specific year, by recording the number of surrendered allowances for that installation or aircraft operator for the current period.

Article 48 The surrender of CERs and ERUs

1. The surrender of ERUs and CERs by an operator in accordance with Article 11a of Directive 2003/87/EC shall take place through an operator proposing to the Union registry to:

(a) move a specified number of 2008-2012 period CERs or ERUs from the relevant operator holding account into:

(i)

a KP Party holding account of the administering Member State, in the case of accounts administered by Member States with a KP registry;

(ii)

the cancellation account of the Union registry, in the case of accounts administered by Member States with no KP registry;

(b) record the number of transferred CERs and ERUs as surrendered for the emissions of the operator's installation in the current period.

2. The surrender of ERUs and CERs by an aircraft operator in accordance with Article 11a of Directive 2003/87/EC shall take place through the aircraft operator proposing to the Union registry to:

(a) move a specified number of 2008-2012 period CERs or ERUs from the relevant aircraft operator holding account into the aviation surrender set-aside account in the Union registry;

(b) record the number of transferred CERs and ERUs as surrendered for the emissions of the aircraft operator in the current period.

3. The Union registry shall only allow surrenders of CERs and ERUs up to:

(a) the maximum quantity set by the national administrator of an operator holding account, in the case of operators;

(b) for 2012, 15 % of the number of allowances required to be surrendered pursuant to Article 12(2a) of Directive 2003/87/EC in the case of aircraft operators.

4. The Union registry shall reject any request to surrender CERs and ERUs that would surpass the maximum amount of CERs and ERUs that may be surrendered by the operators of a Member State in accordance with the national allocation plan of the Member State.

5. The Union registry shall reject any request to surrender CERs or ERUs that are prohibited from being used in the ETS in accordance with Article 11a of Directive 2003/87/EC.

6. 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.

7. The Union registry shall provide automated processes to ensure that account holders cannot surrender units into incorrect accounts under Articles 46 and 48.