Commission Regulation (EU) No 920/2010 (repealed)Show full title

CHAPTER VIII RECORDS, REPORTS, CONFIDENTIALITY AND FEES

Article 73 Records

1. The Union registry and every other KP registry shall store records concerning all processes and account holders for 15 years or until any questions of implementation relating to them have been resolved, whichever is later.

2. National administrators shall be able to access, query and export all records held in the Union registry in relation to accounts that are administered by them.

3. Records shall be stored in accordance with the data logging requirements described in the Data Exchange and Technical Specifications provided for in Article 71.

Article 74 Reporting

1. The Central Administrator shall make available the information listed in Annex XIII at the frequencies and to the recipients set out in Annex XIII in a transparent and organised manner via the EUTL website. The Central Administrator shall not release additional information held in the EUTL or in the Union registry unless this is permitted under Article 75.

2. National administrators may also make available the part of the information listed in Annex XIII that they have access to in accordance with Article 73 at the frequencies and to the recipients set out in Annex XIII in a transparent and organised manner on a site publicly accessible via the Internet. National administrators shall not release additional information held in the Union registry unless this is permitted under Article 75.

3. The EUTL website shall allow recipients of the reports listed in Annex XIII to query those reports using search facilities.

4. KP registry administrators shall comply with the requirement to publish the information relating to the issuance of ERUs specified in paragraph 46 of the Annex to Decision 13/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol within a week after the issuance has taken place.

5. The Union registry and each KP registry shall comply with the requirement to publish the information specified in points (a), (d), (f) and l of paragraph 47 of the Annex to Decision 13/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol on 1 January of the fifth year after the recording of the information.

6. The Union registry and each KP registry shall comply with the requirement to publish the information specified in points (b), (c), (e), and from (g) to (k) of paragraph 47 of the Annex to Decision 13/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol on 1 January of the first year after the recording of the information.

Article 75 Confidentiality

1. All information, including the holdings of all accounts and all transactions, held in the EUTL and the Union registry and every other KP registry shall be considered confidential for any purpose other than the implementation of the requirements of this Regulation, Directive 2003/87/EC or national law.

2. The following entities may obtain data stored in the Union registry and the EUTL:

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

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

(c) Europol;

(d) national administrators of Member States.

3. Data may be provided to the entities listed under paragraph 2. upon their request to the Central Administrator or to a national 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.

4. An entity receiving data in accordance with paragraph 3 shall ensure that the data received is only used for the purposes stated in the request in accordance with paragraph 3 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 3.

5. 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.

6. National administrators shall make available through secure means to all other national administrators the names and identities of persons whom they refused to open an account for in accordance with Article 13(3) or 14(3), or whom refused to nominate as an authorised representative or additional authorised representative in accordance with Article 20(3).

7. National administrators may decide to notify to national law enforcement authorities all transactions that involve a number of units above the amount determined by the national administrator and to notify any account that is involved in a number of transactions within a 24-hour period that is above the amount determined by the national administrator.

8. Account holders may request from the national administrator in writing that the public website of the Union registry should not display some or all of the data items in, rows 2 to 12 of Table VII-II of Annex VII.

9. Account holders may request from the national administrator in writing that the public website of the Union registry display some or all of the data items in rows 3 to 15 of Table IX-I of Annex IX.

10. Neither the EUTL nor KP registries shall require account holders to submit price information concerning allowances or Kyoto units.

Article 76 Fees

1. The Central Administrator shall not charge any fees to holders of accounts in the Union registry.

2. National administrators may charge reasonable fees to holders of accounts administered by them.

3. No fees shall be charged for the transactions described in Chapter VI.

4. National administrators shall notify the charged fees to the Central Administrator and shall notify it of any changes in the fees within 10 working days. The Central Administrator shall display any fees notified to it on its public website.