Commission Regulation (EC) No 994/2008 (repealed)Show full title

CHAPTER X FINAL PROVISIONS

Article 89 Implementation

When implementing this Regulation, registry administrators shall move any allowances held in any account that are recognised as AAUs by the ITL into the AAU deposit account: and

(a)

issue an equal amount of allowances not recognised as AAUs by the ITL;

(b)

transfer to accounts an amount of allowances not recognised as AAUs by the ITL equal to earlier allowance holdings of these accounts in accordance with procedures defined in the Data Exchange Format.

Article 90 Amendments of Regulation (EC) No 2216/2004

Regulation (EC) No 2216/2004 is amended as follows:

(a)

Article 7(5) is replaced by the following:

‘5. Six months after the establishment of the first communication link referred to in paragraph 4, the Commission shall review the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC, and if it finds that they provide for the possibility of the establishment of a communication link between registries and the UNFCCC international transaction log to be established via the Community independent transaction log, thereby allowing a simplification of the architecture of the registries system, it shall promptly propose an amendment to this Regulation with the purpose of simplifying the architecture of the registries system.’

(b)

A new Article 7a is added:

‘Article 7a

Should the communication link between the transaction logs referred to in Article 7 be established after allowances for the 2008-12 period have been issued in accordance with Article 11 of Directive 2003/87/EC, registry administrators shall, upon completion of the connection, replace any allowances in their registry with an equal amount of allowances recognised as assigned amount units by the UNFCCC international transaction log.’

(c)

Article 11(2) is replaced by the following:

‘2. From 1 January 2005 onwards each Member State registry shall contain one operator holding account for each installation created in accordance with Article 15 and at least one personal holding account for each person created in accordance with Article 19.’

(d)

The second paragraph of Article 53 is replaced by the following:

‘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.’

(e)

Article 63i is replaced by the following:

‘Article 63i Registries operated in accordance with Article 63a: accounts

1. Registries operated in accordance with Article 63a shall contain at least two Party holding accounts created in accordance with Article 12.

2. One of the Party holding accounts shall be called the gateway deposit account. Only the gateway deposit account shall hold allowances with an initial unit type of 1.

3. Operator and personal holding accounts in registries operated in accordance with Article 63a shall be capable of holding allowances with an initial unit type of 1, allowances with an initial unit type of 0 and a supplementary unit type of 4, and, where authorised by Member State or Community legislation, CERs or ERUs. Account holders of these accounts shall not be allowed to initiate any transactions with allowances of an initial unit type of 1, with the exception of their conversion to allowances of an initial unit type of 0 and a supplementary unit type of 4, and their external transfer to registries not operated in accordance with Article 63a.’

(f)

Article 63l is replaced by the following:

‘Article 63l Registries operated in accordance with Article 63a: transfers of allowances between operator holding accounts in registries operated in accordance with Article 63a and other registries

1. The registries operated in accordance with Article 63a shall carry out any transfer of allowances of an initial unit type of 0 and a supplementary unit type of 4 between a holding account within its registry or between two registries operated in accordance with Article 63a as requested by the account holder using the internal transfer process set out in Annex IX.

2. The registries operated in accordance with Article 63a shall not carry out any transfer of allowances of an initial unit type of 0 and a supplementary unit type of 4 to registries not operated in accordance with Article 63a.

3. The registries operated in accordance with Article 63a shall carry out any transfer of allowances of an initial unit type of 1 to registries not operated in accordance with Article 63a as requested by the account holder using the external transfer process set out in Annex IX.

4. The registries operated in accordance with Article 63a shall not carry out any transfer of allowances of an initial unit type of 1 to other holding accounts in the registry or to other registries operated in accordance with Article 63a, with the exception of transfers during the conversion of allowances with an initial unit type of 1 to allowances with an initial unit type of 0 and a supplementary unit type of 4.’

(g)

The following Article 63la is inserted after Article 63l:

‘Article 63la Conversion of allowances

1. The registry administrator of a registry operated in accordance with Article 63a shall carry out any conversion of an allowance of an initial unit type of 1 held in its registry into an allowance of an initial unit type of 0 and a supplementary unit type of 4 as requested by an account holder using the conversion of allowances to supplementary unit type 4 process by:

(a) transferring the allowance to be converted to the gateway deposit account of the registry; and

(b) issuing an equal amount of allowance with an initial unit type of 0 and a supplementary unit type of 4 to the account where the allowances to be converted were transferred from.

2. Where the registry administrator of a registry operated in accordance with Article 63a receives a request from an account holder to convert allowances with an initial unit type of 0 and a supplementary unit type of 4 into allowances of an initial unit type of 1, it shall verify whether the amount requested to be converted is lower than or equal to the balance of the gateway deposit account. If the amount requested to be converted is higher than the balance of the gateway deposit account, the registry administrator shall refuse to carry out the transaction. In other cases, the registry administrator shall carry out the transaction as requested by the account holder using the conversion of allowances to initial unit type of 1 process by:

(a) transferring the allowances requested to be converted into the cancellation account; and

(b) transferring an equal amount of allowances with an initial unit type of 1 to the account where the allowances to be converted were transferred from.

3. The administrator of the Community registry may convert AAUs into allowances of an initial unit type of 1 and shall transfer all such converted allowances into a gateway deposit account. Any allowances remaining in gateway deposit accounts after 30 June of the year following the end of the 2008-12 period and subsequent periods shall be transferred to the Community registry.

4. The Central Administrator shall make available to administrators of registries operated in accordance with Article 63a the data exchange format necessary for exchanging data between such registries and transaction logs concerning the conversions referred to in paragraphs 1 and 2.’

(h)

Article 63o is deleted.

(i)

Point 1 of Annex III is replaced by the following:

‘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. The name of the operator should be identical to the name of the natural or legal person that 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.’

(j)

The following point 8a is added to Annex VI:

‘By 1 January 2010 at the latest, the registry administrator shall define the last two digits of the account identifier in the form of a unique account number validation figure which is the result of a logical function applied to the preceding numbers in the account identifier.’

(k)

Annex IX is amended as follows:

(a)

In Table IX-1 of Annex IX, the following row is deleted:

‘External transfer (between a registry referred to in Article 63a and other registry)

03-00

Range 7225 to 7226’

(b)

Paragraph 7 is deleted.

(l)

Annex XIa is amended as follows:

(a)

The following rows are added to Table XIa-1:

	‘IncreaseNAPallocationReserve	Public
	RemoveNAPallocationReserve	Public’

(b)

The following rows are added to the part of Table XIa-2 under the heading ‘Functions exposed through Web Services’:

‘IncreaseNAPallocationReserve()	Handles the requests for increasing the reserve in the national allocation plan table by a quantity of allowances acquired by the registry through “replenishment”.
RemoveNAPallocationReserve()	Handles the requests for removing from the reserve in the national allocation plan table, a quantity of allowances acquired by the registry through “replenishment”.’

(c)

The following tables are inserted in Annex XI-a after Table XIa-6:

‘Table XIa-6a:

NAPTableManagementWS IncreaseNAPallocationReserve () function

Purpose
This function receives a request for increasing the reserve in the national allocation plan table. The reserve is increased by a quantity that is equivalent to the quantity of allowances acquired by the registry through “replenishment”. The Community independent transaction log authenticates the initiating registry (Originating Registry) by calling the AuthenticateMessage() function and checks the version of the initiating registry by calling CheckVersion() function. If authentication and version checks pass, a “1” result identifier is returned without any response codes, the contents of the request are written to a file by calling the WriteToFile() function and the request is put in a queue. If authentication or version checks fail, a “0” result identifier is returned together with a single response code indicating the error cause.
Input parameters
From	Mandatory
To	Mandatory
CorrelationId	Mandatory
MajorVersion	Mandatory
MinorVersion	Mandatory
InitiatingRegistry	Mandatory
CommitmentPeriod	Mandatory
NewValueofReserve	Mandatory
Output parameters
Result Identifier	Mandatory
Response Code	Optional
Uses
AuthenticateMessage WriteToFile CheckVersion
Used By
Not applicable (called as a web service).

Table XIa-6b:

NAPTableManagementWS RemoveNAPallocationReserve () function

Purpose
This function receives a request for removing from the reserve in the national allocation plan table a quantity of allowances acquired by the registry through “replenishment”. The Community independent transaction log authenticates the initiating registry (Originating Registry) by calling the AuthenticateMessage() function and checks the version of the initiating registry by calling CheckVersion() function. If authentication and version checks pass, a “1” result identifier is returned without any response codes, the contents of the request are written to a file by calling the WriteToFile() function and the request is put in a queue. If authentication or version checks fail, a “0” result identifier is returned together with a single response code indicating the error cause.
Input parameters
From	Mandatory
To	Mandatory
CorrelationId	Mandatory
MajorVersion	Mandatory
MinorVersion	Mandatory
InitiatingRegistry	Mandatory
CommitmentPeriod	Mandatory
NewValueofReserve	Mandatory
Output parameters
Result Identifier	Mandatory
Response Code	Optional
Uses
AuthenticateMessage WriteToFile CheckVersion
Used By
Not applicable (called as a web service).’

(d)

The following rows are added to Table XIa-7:

‘IncreaseNAPallocationReserve	7005, 7122, 7153, 7154, 7155, 7156, 7700, 7702 7453
RemoveNAPallocationReserve	7005, 7122, 7153, 7154, 7155, 7156, 7700, 7702 7454’

(m)

The following rows are inserted in Table XII-1 in the appropriate numerical order:

‘7453	The quantity of allowances added to the reserve must be positive.
7454	The quantity of allowances removed from the reserve must not exceed the total quantity of allowances acquired through “replenishment”.’

(n)

Paragraph 5 of Annex XIV is replaced with the following:

‘5. The format for submitting a national allocation plan table to the Commission is the following:

(a)

total number of allowances issued: in a single cell the total number of allowances that will be issued for the period covered by the national allocation plan;

(b)

total number of allowances not allocated to incumbents (reserve): in a single cell the total number of allowances (issued or purchased) that are set aside for new entrants and auctioning for the period covered by the national allocation plan;

(c)

years: in individual cells for each of the years covered in the national allocation plan in ascending order;

(d)

installation identification code: in individual cells in ascending order. The installations listed shall include installations unilaterally included under Article 24 of Directive 2003/87/EC and shall not include any installations temporarily excluded under Article 27 of Directive 2003/87/EC;

(e)

allocated allowances: the allowances to be allocated for a specified year for a specified installation shall be entered into the cell connecting that year to that installation's identification code.’

(o)

Annex XVI is amended as follows:

(a)

Paragraph 4a is replaced with the following:

‘The following general information shall be displayed and updated within seven working days and 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 creating and annual maintenance of holding accounts in each registry. 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.’

(b)

Paragraph 4b of Annex XVI is deleted.

(c)

Paragraph 12a is replaced with the following:

‘The Central Administrator shall make available on the public area of the Community independent transaction log'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 for year X that were not transferred prior to their surrender;

(b)

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

Article 91 Entry into force

1. This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

Articles 2 to 88 shall apply from 1 January 2012.

2. Regulation (EC) No 2216/2004 is repealed from 1 January 2012.