Commission Regulation (EC) No 994/2008 (repealed)Show full title

SECTION 1 Allocation and issue of allowances

Article 38 Entry into the CITL and correction of national allocation plan tables

1. At least 12 months before the start of each subsequent period, each Member State shall notify to the Commission its national allocation plan table, corresponding to the decision taken under Article 11 of Directive 2003/87/EC.

2. If the national allocation plan table is based upon the national allocation plan notified to the Commission which was not rejected under Article 9(3) of Directive 2003/87/EC or on which the Commission has accepted proposed amendments, the Commission shall instruct the Central Administrator to enter the national allocation plan table into the CITL using the national allocation plan table entry process.

3. A Member State shall notify each correction to its national allocation plan together with each corresponding correction in its national allocation plan table to the Commission. If the correction to the national allocation plan table is based upon the national allocation plan notified to the Commission which was not rejected under Article 9(3) of Directive 2003/87/EC or on which the Commission has accepted amendments and that correction results from improvements in data, the Commission shall instruct the Central Administrator to enter the corresponding correction into the national allocation plan table held in the CITL.

4. Corrections relating to the allocation of allowances to new entrants shall be made using the national allocation plan table new entrant update process. Corrections relating to the increase in the new entrant reserve through the purchase of allowances shall be made using the national allocation plan table replenishment of reserve process. Other corrections shall be made using the national allocation plan table revision update process.

5. In all other cases, the Member State shall notify the correction to its national allocation plan to the Commission and if the Commission does not reject this correction in accordance with the procedure in Article 9(3) of Directive 2003/87/EC, the Commission shall instruct the Central Administrator to enter the corresponding correction into the national allocation plan table held in the CITL using the national allocation plan table revision update process.

6. The registry administrator shall, subsequent to any correction made pursuant to paragraph 2 which occurs after allowances have been issued in accordance with Article 39 and which reduces the total quantity of allowances issued in accordance Article 39 for the 2008-12 period or subsequent periods, and using the correction to allowances process:

(a) transfer the number of allowances specified by the competent authority to the national allowance deletion account for the relevant period; and

(b) transfer an equal amount of AAUs from the ETS AAU deposit account to a Party holding account.

Article 39 Issue of allowances

After the national allocation plan table has been entered into the CITL and, subject to Article 38(2) by 28 February of the first year of the 2008-12 period of each subsequent period, the registry administrator shall, using the issuance of allowances process:

(a)

issue the total quantity of allowances set out in the national allocation plan table into the national allowance holding account; and

(b)

assign each allowance a unique unit identification code; and

(c)

transfer an equal amount of AAUs from a Party holding account to the ETS AAU deposit account.

Article 40 Allocation of allowances to operators

1. Without prejudice to Articles 38(2) and 41, by 28 February of each year, the registry administrator shall transfer from the national allowance holding account to the relevant operator holding account the proportion of the total quantity of allowances issued which has been allocated to the corresponding installation for that year in accordance with the relevant section of the national allocation plan table.

2. The allocation shall be carried out using the allowance allocation process.

3. Where foreseen for an installation in the national allocation plan of the Member State, the registry administrator may transfer that proportion at a later date of each year.

Article 41 Surrender of allowances on instruction of the competent authority

1. If instructed to do so by the competent authority pursuant to Article 16(1) of Directive 2003/87/EC, the registry administrator shall surrender part or all of the proportion of the total quantity of allowances issued which has been allocated to an installation for a specific year, by recording the number of surrendered allowances for that installation for the current period. These surrendered allowances shall be transferred to the national allowance deletion account.

2. Allowances surrendered on instruction of the competent authority shall be surrendered using the allowance surrender process.

Article 42 Allocation of allowances to new entrants

If instructed to do so by the competent authority, the registry administrator shall transfer a proportion of allowances issued by any registry administrator that are in the national allowance holding account to the operator holding account of a new entrant in accordance with the relevant section of the national allocation plan table for that new entrant for the year in question. Allowances shall be transferred using the allowance allocation process.

Article 43 Allocation of allowances following their sale by Member State

If instructed to do so by the competent authority, following a sale of allowances by a Member State, the registry administrator shall transfer a quantity of allowances from the national allowance holding account to the holding account designated by the buyer. Allowances transferred within the same registry shall be transferred using the internal transfer of allowances process. Allowances transferred from one registry to another shall be transferred using the external transfer of allowances process.