Commission Regulation (EU) No 389/2013Show full title

Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (Text with EEA relevance)

Article 34U.K.Suspension of access to accounts

1.[F1The national administrator] may suspend the access of an authorised representative F2... to any account in the [F3Registry] or to processes to which that authorised representative would otherwise have access if [F4the national administrator] has reasonable grounds to believe that the authorised representative has:

(a)attempted to access accounts or processes for which he is not authorised;

(b)repeatedly attempted to access an account or a process using an incorrect username and password; or

(c)attempted to compromise the security, the availability, the integrity or the confidentiality of [F5the Registry], or of the data handled or stored therein.

2.[F6The national administrator] may suspend the access of all authorised representatives F7... of a specific account where one of the following conditions is fulfilled:

(a)the account holder died without a legal successor or ceased to exist as a legal person;

(b)the account holder did not pay fees;

(c)the account holder violated the terms and conditions applicable to the account;

(d)the account holder did not agree to changes in the terms and conditions set by the national administrator F8...;

(e)the account holder did not notify changes to account information or provide evidence concerning the changes to account information, or evidence concerning new account information requirements;

(f)the account holder failed to maintain the required minimum number of authorised representatives for the account;

(g)the account holder failed to maintain compliance with the F9... requirement to have an authorised representative with a permanent residence in the [F10United Kingdom];

(h)the account holder failed to maintain compliance with the F11... requirement that the account holder have a permanent residence or registration in the [F12United Kingdom].

3.[F13The national administrator] may suspend the access of all authorised representatives F14... to a specific account and the possibility to initiate processes from that account:

(a)for a maximum period of four weeks if the [F15national administrator] has reasonable grounds to believe that the account was used or will be used for fraud, money laundering, terrorist financing, corruption or other serious [F16crimes.]

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.The national administrator may suspend access to an account if it considers that the opening of the account should have been refused in accordance with Article 22 or that the account holder no longer meets the requirements for the opening of the account.

5.The [F18national administrator must] reverse the suspension immediately once the situation giving rise to the suspension is resolved.

[F196.In accordance with Article 110c, the account holder may appeal against a decision to suspend access under paragraph 1 or 3 within the period of 30 days beginning with the day on which access is suspended]

7.The [F20Secretary of State] may also instruct the national administrator F21... to implement a suspension for one of the grounds set in paragraphs 1, 2, 3 and 4.

F228.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F229.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2210.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments