Commission Regulation (EC) No 994/2008 (repealed)Dangos y teitl llawn

Article 36 Reversal of finalised transactions initiated in error

1. If an account holder or a registry administrator acting on behalf of the account holder unintentionally or erroneously initiated any transaction concerning allowances, or the surrender of CERs and ERUs process, it may propose to its registry administrator to carry out a reversal of the transaction in a written request duly signed by the authorised representative or representatives of the account holder that are able to initiate a transaction and posted within five working days of the finalisation of the transaction. The request shall contain a statement indicating that the transaction was initiated erroneously or unintentionally.

2. Paragraph 1 shall not apply to the external transfer of allowances process and the internal transfer of allowances process.

3. Within 40 calendar days of the finalisation of the transaction, the registry administrator may inform in writing the Central Administrator of the request and its decision to reverse the transaction.

4. The Central Administrator shall, within 40 calendar days of its receipt of the registry administrator's information referred to in paragraph 3 enable the reversal of the relevant transaction using the transaction reversal process, provided that:

(a) the request and the notification was posted within the deadlines set out in paragraphs 1 and 3;

(b) the proposed reversal only reverses the effects of the transaction considered to have been initiated unintentionally or erroneously and does not involve reversing the effects of any later transactions involving the same allowances;

(c) no operator would become non-compliant for a previous year as a result of the reversal;

(d) in the case of allowance surrendering processes, surrender of CERs and ERUs processes and allowance deletion processes, a quantity of AAU, ERUs or CERs equal to the quantities surrendered or deleted by the process were not already retired in accordance with Article 56 or cancelled in accordance with Article 58.

5. The registry administrator shall reverse the relevant transaction using the transaction reversal process within five working days of its receipt of the Central Administrator's notice indicating that the reversal was enabled in accordance with paragraph 3.