Commission Regulation (EC) No 994/2008 (repealed)Dangos y teitl llawn

Commission Regulation (EC) No 994/2008

of 8 October 2008

for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council

(Text with EEA relevance) (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC(1), and in particular Article 19(3) thereof,

Having regard to Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol(2), and in particular the first subparagraph, second sentence, Article 6(1) thereof,

Whereas:

(1) An integrated Community system of registries, consisting of the registries of the Community and its Member States established pursuant to Article 6 of Decision No 280/2004/EC that incorporate the registries established pursuant to Article 19 of Directive 2003/87/EC and the Community independent transaction log (hereinafter CITL) established pursuant to Article 20 of that Directive, is necessary to ensure that the issue, transfer and cancellation of allowances does not involve irregularities and that transactions are compatible with the obligations resulting from the United Nations Framework Convention on Climate Change (hereinafter UNFCCC) and the Kyoto Protocol.

(2) In accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC(3) and Decision 13/CMP.1 of the Conference of the Parties to the UNFCCC serving as the Meeting of the Parties to the Kyoto Protocol (hereinafter Decision 13/CMP.1), specific reports should be made public on a regular basis to ensure that the public has access to information held within the integrated system of registries, subject to certain confidentiality requirements.

(3) Community legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(4), Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector(5) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(6), should be respected where these are applicable to information held and processed pursuant to this Regulation.

(4) Each registry should contain at least one Party holding account, one retirement account, and the cancellation and replacement accounts required pursuant to Decision 13/CMP.1, and each registry established pursuant to Article 19 of Directive 2003/87/EC should contain national accounts and holding accounts for operators and for other persons required to implement the requirements of that Directive. Each such account should be created in accordance with standardised procedures to ensure the integrity of the registries system and public access to information held in this system.

(5) Article 6 of Decision No 280/2004/EC requires the Community and its Member States to apply the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, adopted by Decision 12/CMP.1 of the Conference of the Parties to the UNFCCC serving as the Meeting of the Parties to the Kyoto Protocol (hereinafter Decision 12/CMP.1), for the establishment and operation of registries and the CITL. The application and elaboration of these specifications in relation to the integrated Community registries system allows the incorporation of the registries established pursuant to Article 19 of Directive 2003/87/EC into the registries established pursuant to Article 6 of Decision No 280/2004/EC.

(6) The CITL should perform automated checks on all processes in the Community registries system concerning allowances, verified emissions, accounts and Kyoto units, and the UNFCCC international transaction log (hereinafter ITL) should perform automated checks on processes concerning Kyoto units to ensure that there are no irregularities. Processes that fail these checks should be terminated in order to ensure that transactions in the Community registries system comply with the requirements of Directive 2003/87/EC and the requirements elaborated pursuant to the UNFCCC and the Kyoto Protocol.

(7) All transactions in the Community registries system should be executed in accordance with standardised procedures and, where necessary, on a harmonised timetable, in order to ensure compliance with the requirements of Directive 2003/87/EC and with the requirements elaborated pursuant to the UNFCCC and the Kyoto Protocol, and to protect the integrity of that system.

(8) Adequate and harmonised requirements on authentication and access rights should be applied to protect the security of information held in the integrated Community registries system.

(9) The Central Administrator and each registry administrator should ensure that interruptions to the operation of the integrated Community registries system are kept to a minimum by taking all reasonable steps to ensure the availability of the registries and the CITL and by providing for robust systems and procedures for the safeguarding of all information.

(10) Records concerning all processes, operators and persons in the Community registries system should be stored in accordance with the data logging standards set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol elaborated pursuant to Decision 12/CMP.1.

(11) The Community should make all necessary efforts to ensure that every Member State registry, the CITL and the UNFCCC international transaction log are connected to each other by 1 December 2008 at the latest.

(12) Each registry should issue assigned amount units (hereinafter AAUs) pursuant to Decision 13/CMP.1 and issue allowances as required by Article 11 of Directive 2003/87/EC. Registries should ensure that they keep a reserve of AAUs that is equal to the amount of allowances issued by them in order to ensure that any transactions with allowances may be followed up with corresponding transfers of AAUs via an annual clearing mechanism. Transactions with allowances between two registries should be carried out through a communication link involving the CITL, whereas transactions with Kyoto units should be carried out through a communication link involving both the CITL and the ITL. Provisions should be adopted to ensure that Member States that are not able to issue AAUs under the Kyoto Protocol because they have no binding emission reduction commitment are able to continue their equal participation in the Community emissions trading system. Such participation would not be possible in the 2008-12 period as, unlike all other Member States, these Member States would not be able to issue allowances that are linked to AAUs recognised under the Kyoto Protocol. Such equal participation should be allowed through a specific mechanism within the Community registry.

(13) This Regulation reflects the fact that the currently valid functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol developed by the UNFCCC Secretariat still do not provide modalities for registries to connect to the International Transaction Log via the Community independent transaction log. The existence of such modalities would allow the Community to establish the required registries infrastructure in a much simpler way; in particular, there would be no need for two connections between registries and the Community independent transaction log. Therefore, if, pursuant to the Community's request to that effect in 2007, the above mentioned modalities are included and adequately regulated by the UNFCCC Secretariat in the functional and technical specifications for data exchange standards within six months from the date of the connection to the ITL, the Commission would promptly propose an amendment to the Regulation with the purpose of simplifying the infrastructure of the registries system before any expenses in software development needed for the Regulation were incurred by Member States and the Community.

(14) Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council(7) laid down general provisions, functional and technical specifications and operational and maintenance requirements concerning the standardised and secured registries system consisting of registries, in the form of standardised electronic databases containing common data elements. In the interest of legal clarity, the entire Regulation (EC) No 2216/2004 should be replaced.

(15) The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 275, 25.10.2003, p. 32.

(2)

OJ L 49, 19.2.2004, p. 1.

(3)

OJ L 41, 14.2.2003, p. 26.

(4)

OJ L 281, 23.11.1995, p. 31.

(5)

OJ L 201, 31.7.2002, p. 37.

(6)

OJ L 8, 12.1.2001, p. 1.

(7)

OJ L 386, 29.12.2004, p. 1.