Commission Regulation (EC) No 994/2008 (repealed)Show full title

SECTION 1 U.K. Accounts

Article 10 U.K. Party accounts and national accounts

1. Each registry shall contain the following Party accounts:

(a) at least one Party holding account;

(b) one cancellation account for the 2008-12 period and one for each subsequent period;

(c) one retirement account for the 2008-12 period and one for each subsequent period;

(d) one ETS AAU deposit account for the 2008-12 period and one for each subsequent period.

2. Each registry shall contain the following national accounts:

(a) at least one national allowance holding account;

(b) at least one national allowance deletion account for the 2008-12 period and one for each subsequent period.

3. The Party accounts shall hold only Kyoto units while the national accounts shall hold only allowances. Kyoto units held in the cancellation and retirement accounts may not be transferred to any other account within the registry or in other registries. With the exception of the transaction reversal process, allowances held in the national allowance deletion account may not be transferred to any other account within the registry or in other registries.

4. The ETS AAU deposit account will be designated as a Party holding account for the purposes of the ITL, but shall only be capable of holding AAUs. AAUs held in the ETS AAU deposit account may not be transferred to any operator holding account or personal holding account within the registry or in other registries. With the exception of the transaction reversal, the clearing of allowance transfers with AAUs and the adding AAUs to banked allowances processes, AAUs held in the ETS AAU deposit account may not be transferred to any Party holding account within the registry or in other registries before the completion of the last clearing of the assigned trading period.

5. National accounts shall be created in accordance with Article 12.

6. National accounts shall conform to the Data Exchange Format referred to in Article 9.

Article 11 U.K. Special accounts in the Community registry

1. The Community registry shall contain the following accounts in addition to the accounts to be created in accordance with Article 10:

(a) one ETS central clearing account for the 2008-12 period and one for each subsequent period;

(b) a single Chapter VI registries ETS AAU deposit account for all Chapter VI registries for the 2008-12 period and one for each subsequent period.

2. The special accounts referred to in points (a) and (b) of paragraph 1 shall hold only AAUs.

3. Registry administrators shall be able to view the current balance and the transactions of the ETS central clearing account.

Article 12 U.K. Creation of Party accounts and national accounts

1. The relevant body of the Member State and the Commission shall submit an application to their respective registry administrator for the creation in their registries of the party accounts and national accounts.

2. The applicant shall provide the registry administrator with the information set out in Annex I.

The registry administrator may request further information from the applicant, provided that such requests are reasonable.

3. Within 10 working days of the receipt of an application in accordance with paragraph 1 or the activation of the communication link between the registry and the CITL, whichever is the later, the registry administrator shall create the account in the registry using the account creation process.

4. The applicant shall notify its registry administrator within 10 working days of any changes in the information provided to its registry administrator pursuant to paragraph 1. Within 10 working days of the receipt of such a notification the registry administrator shall update that information using the account update process.

5. The registry administrator may require applicants to agree to comply with reasonable terms and conditions addressing the issues set out in Annex II.

Article 13 U.K. Closure of Party accounts and national accounts

Within 10 working days of the receipt of an application from the relevant body of a Member State to close a Party holding account or a national account in its registry, its registry administrator shall close the account using the account closure process. Within 10 working days of the receipt of an application from the relevant body of the Commission to close a Party holding account or a national holding account in the Community registry, the Central administrator shall close the account using the account closure process.

Article 14 U.K. Operator holding accounts and person holding accounts

1. Each Member State registry shall contain one operator holding account created in accordance with Article 15 for each installation and at least one person holding account for each person requesting person holding accounts created in accordance with Article 17.

2. Operator and personal holding accounts shall be capable of holding standard allowances and, where authorised by Member State legislation, Kyoto units. Registry Administrators shall inform the Central Administrator about the type of Kyoto units that may be held by operator and personal holding accounts in their registry.

Article 15 U.K. Creation of operator holding accounts

1. Within 10 working days of the entry into force of each greenhouse gas emissions permit issued to the operator of an installation that has not previously been covered by such a permit or the activation of the communication link between the registry and the CITL, whichever is the later, the competent authority, or the operator where the competent authority so requires, shall provide the registry administrator of the Member State registry with the information set out in Annex III.

2. Within 10 working days of the receipt of the information in paragraph 1 or the activation of the communication link between the registry and the CITL, whichever is the later, the registry administrator shall create an operator holding account for each installation in its registry using the account creation process.

3. The competent authority, or the operator where the competent authority so requires, shall notify the registry administrator within 10 working days of any changes in the information provided to the registry administrator pursuant to paragraph 1. Within 10 working days of the receipt of such a notification the registry administrator shall update the operator's details using the account update process.

4. The registry administrator may require operators to agree to comply with reasonable terms and conditions addressing the issues set out in Annex II before creating or giving access to the account.

Article 16 U.K. Closure of operator holding accounts

1. The competent authority shall notify the registry administrator within 10 working days of a greenhouse gas emissions permit being revoked or surrendered for an installation that is, as a result, not covered by any such permit. Without prejudice to paragraph 2, the registry administrator shall close all operator holding accounts relating to that revocation or surrender using the account closure process between 1 May and 30 June the year after the revocation or surrender took place if the relevant installation's compliance status figure for the latest year is greater than or equal to zero. If the relevant installation's compliance status figure is less than zero, the registry administrator shall close its account the working day after the entry is greater than or equal to zero or on the working day after the competent authority has instructed the registry administrator to close the account because there is no reasonable prospect of further allowances being surrendered by the installation's operator.

2. If there is a positive balance of allowances or Kyoto units in an operator holding account which the registry administrator is to close in accordance with paragraph 1, the registry administrator shall first request the operator to specify another account within the registry system to which such allowances or Kyoto units shall then be transferred. If the operator has not responded to the registry administrator's request within 60 calendar days, the registry administrator shall transfer the allowances to the national allowance holding account and the Kyoto units to a Party holding account.

3. Where the competent authority has notified the registry administrator of the revocation or surrender of a greenhouse gas emissions permit belonging to an installation related to an account which has an entry in the relevant national allocation plan table submitted in accordance with Article 38, the registry administrator shall, prior to closing the account, propose to the Central Administrator the following changes to the national allocation plan table:

(a) deleting from the national allocation plan table any allowances allocated to the installation in the national allocation plan table that have not yet been transferred to the operator holding account of the installation;

(b) adding an equivalent number of allowances to the part of the national allocation plan table representing the quantity of allowances not allocated to existing installations.

4. The proposal shall be submitted to, and checked and implemented automatically by the CITL using the national allocation plan table update for closure process

Article 17 U.K. Creation of personal holding accounts

1. An application for the creation of a personal holding account shall be submitted to the registry administrator of the Member State registry concerned. The applicant shall provide the registry administrator with the information reasonably required by the registry administrator. That information shall include the information set out in Annex I.

2. Within 10 working days of the receipt of an application in accordance with paragraph 1 or the activation of the communication link between the registry and the CITL, whichever is the later, the registry administrator shall create a personal holding account in its registry using the account creation process.

3. The registry administrator shall not establish more than 99 personal holding accounts in any one person's name in its registry.

4. The applicant shall notify the registry administrator within 10 working days of any changes in the information provided to the registry administrator pursuant to paragraph 1. Within 10 working days of the receipt of such a notification the registry administrator shall update the person's details using the account update process.

5. The registry administrator may require the applicants referred to in paragraph 1 to agree to comply with reasonable terms and conditions addressing the issues set out in Annex II before creating or giving access to the account.

Article 18 U.K. Closure of person holding accounts

1. Within 10 working days of the receipt of an application from an account holder to close its person holding account, the registry administrator shall close the account using the account closure process.

2. If a personal holding account has a zero balance and no transactions have been recorded during a year, the registry administrator may notify the account holder that the person holding account shall be closed within 60 calendar days unless the registry administrator receives within that period a request from the account holder that the personal holding account be maintained. If the registry administrator does not receive any such request from the account holder, it shall close the account using the account closure process.

Article 19 U.K. Authorised representatives

1. Each account holder shall appoint at least one authorised representative for each Party account, national account and personal holding account and at least two authorised representatives for each operator holding account. Requests to the registry administrator to carry out processes shall be submitted by an authorised representative on behalf of the account holder.

2. Each Member State and the Commission may allow account holders in its registry to nominate additional authorised representatives whose agreement is required in addition to the agreement of an authorised representative to submit a request to their registry administrator to carry out any of the processes concerning transactions with allowances or Kyoto units.

3. Each verifier shall appoint at least one authorised representative to enter or approve the entry of the annual verified emissions for an installation in the records of a registry.

4. Each registry administrator and the Central Administrator shall appoint at least one authorised representative to operate and maintain their registry and the CITL on behalf of that administrator.

5. Only natural persons may be appointed as authorised representatives.

Article 20 U.K. Notification

The registry administrator shall immediately notify each account holder of the creation, update or closure of his accounts.