Commission Regulation (EC) No 994/2008 (repealed)Show full title

ANNEX I Information concerning Party accounts, national accounts and person holding accounts to be provided to the registry administrator

1. Name, address, city, postcode, country, telephone number, facsimile number and e-mail address of the person requesting the creation of the person holding account.

2. Evidence to support the identity of the person requesting the creation of the person holding account.

3. The alphanumeric identifier specified by the Member State, the Commission or person for the account. The alphanumeric identifier shall be unique within the registry.

4. Name, address, city, postcode, country, telephone number, facsimile number and e-mail address of the primary authorised representative of the account specified by the Member State, the Commission or person for that account.

5. Name, address, city, postcode, country, telephone number, facsimile number and e-mail address of the secondary authorised representative of the account specified by the Member State, the Commission or person for that account.

6. Name, address, city, postcode, country, telephone number, facsimile number and e-mail address of any additional authorised representatives of the account and their account access rights, specified by the Member State, the Commission or person for that account.

7. Evidence to support the identity of the authorised representatives of the account.

ANNEX II CORE TERMS AND CONDITIONS

Structure and effect of core terms and conditions

1. The relationship between account holders and registry administrators.

The account holder and authorised representative’s obligations

2. The account holder and authorised representative’s obligations with respect to security, usernames and passwords, and access to the registry website.

3. The account holder and authorised representative’s obligation to post data on the registry website and ensure that data posted is accurate.

4. The account holder and authorised representative’s obligation to comply with the terms of use of the registry website.

The registry administrator’s obligations

5. The registry administrator’s obligation to carry out account holder’s instructions.

6. The registry administrator’s obligation to log the account holder’s details.

7. The registry administrator’s obligation to create, update or close the account in accordance with the provisions of the Regulation.

Process procedures

8. The process finalisation and confirmation provisions.

Payment

9. The terms and conditions regarding any registry fees for establishing and maintaining accounts.

Operation of the registry website

10. Provisions regarding the right of the registry administrator to make changes to the registry website.

11. Conditions of use of the registry website.

Warranties and indemnities

12. Accuracy of information.

13. Authority to initiate processes.

Modification of these core terms to reflect changes to this Regulation or changes to domestic legislation Security and response to security breachesDispute resolution

14. Provisions relating to disputes between account holders.

Liability

15. The limit of liability for the registry administrator.

16. The limit of liability for the account holder.

Third party rights Agency, notices and governing law

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX III Information concerning each operator holding account to be provided to the registry administrator

1. Points 1 to 3.1, 3.4 to 4.5 and point 6 of the information identifying the installation as listed in Section 14.1 of Annex I to Decision 2007/589/EC(1). The name of the operator should be identical to the name of the natural or legal person who is the holder of the relevant greenhouse gas permit. The name of the installation shall be identical to the name indicated in the relevant greenhouse gas permit.

2. The permit identification code specified by the competent authority.

3. The installation identification code.

4. The alphanumeric identifier specified by the operator for the account, which shall be unique within the registry.

5. Name, address, city, postcode, country, telephone number, facsimile number and e-mail address of the primary authorised representative of the operator holding account specified by the operator for that account.

6. Name, address, city, postcode, country, telephone number, facsimile number and e-mail address of the secondary authorised representative of the operator holding account specified by the operator for that account.

7. Name, address, city, postcode, country, telephone number, facsimile number and e-mail address of any additional authorised representatives of the operator holding account and their account access rights, specified by the operator for that account.

8. Evidence to support the identity of the authorised representatives of the operator holding account.

ANNEX IV Reporting requirements of each registry administrator and the Central Administrator

PUBLICLY AVAILABLE INFORMATION FROM EACH REGISTRY AND THE CITL

1. The Central Administrator shall display and update the information in paragraphs 2 to 5 in respect of the registry system on the public area of the CITL’s website, in accordance with the specified timing, and each registry administrator shall display and update this information in respect of its registry on the public area of that registry’s website, in accordance with the specified timing.

2. The following information for each account shall be displayed in the week after the account has been created in a registry, and shall be updated on a weekly basis:

(a)

account holder name: the holder of the account (person, operator, Commission, Member State); in the case of operator holding accounts, the account holder name should be identical to name of the natural or legal person that is the holder of the relevant greenhouse gas permit;

(b)

alphanumeric identifier: the identifier specified by the account holder assigned to each account;

(c)

name, address, city, postcode, country, telephone number, facsimile number and email address of the primary, secondary and additional authorised representatives of the account specified by the account holder for that account, unless the registry administrator allows account holders to request keeping all or some of this information confidential and the account holder requested the registry administrator in writing not to display all or some of this information.

3. The following additional information for each operator holding account shall be displayed in the week after the account has been created in the registry, and shall be updated on a weekly basis:

(a)

points 1 to 3.1, 3.4 to 4.5 and point 6 of the information identifying the installation as listed in section 14.1 of Annex I to Decision 2007/589/EC;

(b)

permit identification code: the code assigned to the installation related to the operator holding account;

(c)

installation identification code: the code assigned to the installation related to the operator holding account;

(d)

allowances allocated and issued to the installation related to the operator holding account, which is part of the national allocation plan table under Article 11 of Directive 2003/87/EC and any corrections to such allocations;

(e)

the date of the greenhouse gas permit’s entry into force and the date of the creation of the account.

4. The following additional information for each operator holding account for the years 2005 onwards shall be displayed in accordance with the following specified dates:

(a)

verified emissions figure, along with its corrections for the installation related to the operator holding account for year X shall be displayed from 15 May onwards of year (X+1);

(b)

allowances and ERUs/CERs surrendered, by unit identification code, for year X shall be displayed from 15 May onwards of year (X+1);

(c)

a symbol identifying whether the installation related to the operator holding account did or did not surrender the necessary number of allowances for year X by 30 April of year (X+1) in accordance with point (e) of Article 6(2) of Directive 2003/87/EC and any subsequent changes to that status pursuant to corrections to verified emissions in accordance with Article 51(4) of this Regulation shall be displayed from 15 May onwards of year (X+1). Depending on the installation’s compliance status figure and the registry’s operational status, the following symbols shall be displayed together with the following statements:

Table IV-1:

Compliance statements

Compliance status for year X on 30 April of year(X+1)	Symbol	Statement
	to be displayed on CITL and registries
Total allowances and ERUs/CERs surrendered for the period ≥ verified emissions in period until current year	A	‘The number of allowances and ERUs/CERs surrendered by 30 April is greater than or equal to verified emissions’
Total allowances and ERUs/CERs surrendered for the period < verified emissions in period until current year	B	‘The number of allowances and ERUs/CERs surrendered by 30 April is lower than verified emissions’
	C	‘Verified emissions were not entered until 30 April’
Verified emissions in period until current year were corrected by competent authority	D	‘Verified emissions were corrected by competent authority after 30 April of year X. The competent authority of the Member State decided that the installation is not in compliance for year X’
Verified emissions in period until current year were corrected by competent authority	E	‘Verified emissions were corrected by competent authority after 30 April of year X. The competent authority of the Member State decided that the installation is in compliance for year X’
	X	‘Entering verified emissions and/or surrendering was impossible until 30 April due to the allowance surrender process and/or verified emissions update process being suspended for the Member State’s registry’;

(d)

a symbol indicating if the installation’s account is blocked be displayed from 31 March onwards of year (X+1).

5. The following general information shall be displayed and updated within a week of any changes thereto:

(a)

the national allocation plan table of each Member State, indicating the allocations to installations and the quantity of allowances reserved for later allocation or sale shall be displayed and updated whenever there is a correction to the national allocation plan table, clearly indicating where corrections were made;

(b)

the fees charged for the creation and annual maintenance of holding accounts in each registry shall be displayed on a continuous basis. Updates to this information shall be notified to the Central Administrator by the registry administrator within 15 working days of any change in fees;

(c)

the type of Kyoto units that may be held by operator and person holding accounts in registries.

PUBLICLY AVAILABLE INFORMATION FROM EACH REGISTRY

6. Each registry administrator shall display and update the information in paragraphs 7 to 10 in respect of its registry on the public area of that registry’s website, in accordance with the specified timing.

7. The following information for each project identifier for a project activity implemented pursuant to Article 6 of the Kyoto Protocol against which the Member State has issued ERUs shall be displayed in the week after the issue has taken place:

(a)

project name: a unique name for the project;

(b)

project location: the Member State and town or region in which the project is located;

(c)

years of ERU issuance: the years in which ERUs have been issued as a result of the project activity implemented pursuant to Article 6 of the Kyoto Protocol;

(d)

reports: downloadable electronic versions of all publicly available documentation relating to the project, including proposals, monitoring, verification and issuance of ERUs, where relevant, subject to the confidentiality provisions in Decision 9/CMP.1 (Guidelines for the implementation of Article 6 of the Kyoto Protocol) of the Conference of the Parties to the UNFCCC serving as the meeting of the Parties to the Kyoto Protocol;

(e)

any set-aside table drawn up in accordance with Commission Decision 2006/780/EC(2).

8. The following holding and transaction information, by unit identification code, relevant for that registry for the years 2005 onwards shall be displayed in accordance with the following specified dates:

(a)

the total quantity of ERUs, CERs, AAUs and RMUs held in each account (person holding, operator holding, Party holding, cancellation, replacement or retirement) on 1 January of year X shall be displayed from 15 January onwards of year (X+5);

(b)

the total quantity of AAUs issued in year X on the basis of the assigned amount pursuant to Article 7 of Decision No 280/2004/EC shall be displayed from 15 January onwards of year (X+1);

(c)

the total quantity of ERUs issued in year X on the basis of project activity implemented pursuant to Article 6 of the Kyoto Protocol shall be displayed from 15 January onwards of year (X+1);

(d)

the total quantity of ERUs, CERs, AAUs and RMUs acquired from other registries in year X and the identity of the transferring accounts and registries shall be displayed from 15 January onwards of year (X+5);

(e)

the total quantity of RMUs issued in year X on the basis of each activity under Article 3, paragraphs 3 and 4 of the Kyoto Protocol shall be displayed from 15 January onwards of year (X+1);

(f)

the total quantity of ERUs, CERs, AAUs and RMUs transferred to other registries in year X and the identity of the acquiring accounts and registries shall be displayed from 15 January onwards of year (X+5);

(g)

the total quantity of ERUs, CERs, AAUs and RMUs cancelled in year X on the basis of activities under Article 3, paragraphs 3 and 4 of the Kyoto Protocol shall be displayed from 15 January onwards of year (X+1);

(h)

the total quantity of ERUs, CERs, AAUs and RMUs cancelled in year X following determination by the compliance committee under the Kyoto Protocol that the Member State is not in compliance with its commitment under Article 3, paragraph 1 of the Kyoto Protocol shall be displayed from 15 January onwards of year (X+1);

(i)

the total quantity of other ERUs, CERs, AAUs and RMUs, or allowances, cancelled in year X and the reference to the Article pursuant to which these Kyoto units or allowances were cancelled under this Regulation shall be displayed from 15 January onwards of year (X+1);

(j)

the total quantity of ERUs, CERs, AAUs, RMUs and allowances retired in year X shall be displayed from 15 January onwards of year (X+1);

(k)

the total quantity of ERUs, CERs, AAUs carried over in year X from the previous commitment period shall be displayed from 15 January onwards of year (X+1);

(l)

the total quantity of allowances from the previous commitment period cancelled and replaced in year X shall be displayed from 15 May onwards of year X;

(m)

current holdings of ERUs, CERs, AAUs and RMUs in each account (person holding, operator holding, Party holding, cancellation or retirement) on 31 December of year X shall be displayed from 15 January onwards of year (X+5).

9. The list of persons authorised by the Member State to hold ERUs, CERs, AAUs and/or RMUs under its responsibility shall be displayed in the week after such authorisations have been given, and shall be updated on a weekly basis.

10. The total number of CERs and ERUs which operators are allowed to surrender for each period pursuant to Article 11a(1) of Directive 2003/87/EC shall be displayed in accordance with Article 30(3) of Directive 2003/87/EC.

PUBLICLY AVAILABLE INFORMATION FROM THE CITL

11. The Central Administrator shall display and update the information in paragraphs 12 and 13 in respect of the registry system on the public area of the CITL’s website, in accordance with the specified timing.

12. The following information for each completed transaction relevant for the registries system for year X shall be displayed from 15 January onwards of year (X+5):

(a)

account identification code of the transferring account;

(b)

account identification code of the acquiring account;

(c)

account holder name of the transferring account: the holder of the account (person, operator, Commission, Member State);

(d)

account holder name of the acquiring account: the holder of the account (person, operator, Commission, Member State);

(e)

allowances or Kyoto units involved in the transaction by unit identification code;

(f)

transaction identification code;

(g)

date and time at which the transaction was completed (in Greenwich Mean Time);

(h)

process type: the categorisation of a process according to Article 31.

13. The Central Administrator shall make available on the public area of the CITL’s website the following information:

(a)

from 30 April onwards of year (X+1) information indicating the percentage share of allowances surrendered in each Member State in year X that were not transferred prior to their surrender;

(b)

from 1 March onwards of year (X+1) information indicating the sum of verified emissions by Member State entered for year X as a percentage of the sum of verified emissions of year (X–1);

(c)

a number indicating the total number of allowances, ERUs, CERs held in all registries in all operator and person holding accounts on the previous day.

INFORMATION FROM EACH REGISTRY TO BE MADE AVAILABLE TO ACCOUNT HOLDERS

14. Each registry administrator shall display and update the information in paragraph 15 in respect of its registry on the secure area of that registry’s website, in accordance with the specified timing.

15. The following elements for each account, by unit identification code, shall be displayed on the account holder’s request to that account holder only:

(a)

current holdings of allowances or Kyoto units;

(b)

list of proposed transactions initiated by that account holder, detailing for each proposed transaction the elements in paragraph 12(a) to (f), the date and time at which the transaction was proposed (in Greenwich Mean Time), the current status of that proposed transaction and any response codes returned consequent to the checks made by the registry and the CITL;

(c)

list of allowances or Kyoto units acquired by that account as a result of completed transactions, detailing for each transaction the elements in paragraph 12(a) to (g);

(d)

list of allowances or Kyoto units transferred out of that account as a result of completed transactions, detailing for each transaction the elements in paragraph 12(a) to (g).

(1)

Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 229, 31.8.2007, p. 1).

(2)

Commission Decision 2006/780/EC of 13 November 2006 on avoiding double counting of greenhouse gas emission reductions under the Community emissions trading scheme for project activities under the Kyoto Protocol pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 316, 16.11.2006, p. 12).