Commission Regulation (EC) No 994/2008 (repealed)Show full title

SECTION 4 Surrender of allowances, ERUs and CERs

Article 48 Surrender of allowances

1. An operator shall surrender allowances for an installation by requesting or, where provided in Member State legislation, be deemed to have requested, the registry administrator to:

(a) transfer a specified number of allowances for a specified period from the relevant operator holding account into the national allowance deletion account of that registry;

(b) record the number of transferred allowances for that installation as surrendered for the current period.

2. The transfer and recording shall take place using the allowance surrender process.

Article 49 The surrender of CERs and ERUs

1. The surrender of ERUs and CERs by an operator in accordance with Article 11a of Directive 2003/87/EC in respect of an installation shall take place through an operator requesting the registry administrator to:

(a) transfer a specified number of CERs or ERUs for a specified year from the relevant operator holding account into a Party holding account of the registry where the operator holds its operator holding account;

(b) record the number of transferred CERs and ERUs for that installation as surrendered for the current period.

2. The registry administrator shall only accept requests to surrender CERs and ERUs up to the percentage of allocation to each installation specified by Member State legislation. The CITL shall reject any request to surrender CERs and ERUs that would surpass the maximum allowed amount of CERs and ERUs to be surrendered in the Member State.

3. The transfer and recording shall take place using the surrender of CERs and ERUs process.

Article 50 Calculation of compliance status figures

1. On 1 May of each year, the registry administrator shall determine the compliance status figure for every installation by calculating the sum of all allowances, CERs and ERUs surrendered for the current period minus the sum of all verified emissions in the current period up to and including the current year, plus a correction factor.

2. The correction factor referred to in paragraph 1 shall be zero if the compliance status figure of the last year of the previous period was greater than zero, but shall remain as the compliance status figure of the last year of the previous period if this figure is less than or equal to zero.

Article 51 Recording and notification of compliance status figures

1. The registry administrator shall record the compliance status figure calculated in accordance with Article 50 for every installation for each year.

2. On the first working day following 1 May of each year the registry administrator shall notify all the recorded compliance status figures to the competent authority. In addition, the registry administrator shall notify any changes to the compliance status figures for previous years to the competent authority.

Article 52 Recording of verified emissions

Where, on 1 May of each year, no verified emissions figure has been recorded in the registry for an installation for a previous year, any substitute emissions figure determined pursuant to Article 16(1) of Directive 2003/87/EC which has not been calculated as closely as possible in accordance with the detailed requirements established by the Member State pursuant to Annex V of Directive 2003/87/EC shall not be recorded in the registry.