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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)

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Section 2U.K.Opening and updating accounts

[F1Article 13U.K.Party holding accounts

1.At the request of the Secretary of State, the national administrator must open a party holding account for each year of the second commitment period within the period of 28 days beginning with the day after that on which the national administrator receives the information set out in Annex 3 from the Secretary of State

2.The national administrator must act as the authorised representative of the account, unless the Secretary of State nominates another person.

3.The Secretary of State must provide the national administrator with the information set out in Table 8-1 of Annex 8 for each authorised representative of a party holding account.]

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F2Article 14U.K.Opening national administrative platform accounts in the Union Registry

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F2Article 15U.K.Opening an auction delivery account in the Union Registry

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F2Article 16U.K.Opening operator holding accounts in the Union Registry

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F2Article 17U.K.Opening aircraft operator holding accounts in the Union Registry

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Article 18U.K.Opening person holding F3... accounts F4...

1.A request for opening a person holding account F5... [F6must] be submitted to the national administrator by the prospective account holder. The prospective account holder [F6must] provide information as required by the national administrator, which [F6must] include, at a minimum, the information set out in Annex IV.

2.The [F7Secretary of State may] require as a condition for opening a person holding F8... account that the prospective account holders have their permanent residence or registration in the [F9United Kingdom].

3.The [F10Secretary of State may] require as a condition for opening a person holding F11... account that prospective account holders are registered for value added tax (VAT) in the [F12United Kingdom].

4.Within 20 working days of the receipt of a complete set of information in accordance with paragraph 1 of this Article and Article 24, the national administrator [F13must] open a person holding account F14... in the F15... Registry or inform the prospective account holder of the refusal to open the account, pursuant to Article 22.

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F16Article 19U.K.Opening national holding accounts in the Union Registry

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F16Article 20U.K.Opening external trading platform accounts in the Union Registry

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F16Article 21U.K.Opening verifier accounts in the Union Registry

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Article 22U.K.Refusal to open an account

1.The national administrator [F17must] verify whether the information and documents provided for account opening are complete, up-to-date, accurate and true.

2.[F18The national] administrator may refuse to open an account:

(a)if the information and documents provided are incomplete, out-of-date or otherwise inaccurate or false;

(b)if the prospective account holder, or, if it is a legal person, any of the directors of the prospective account holder, is under investigation or has been convicted in the preceding five years for fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes for which the account may be an instrument;

(c)if the national administrator has reasonable grounds to believe that the accounts may be used for fraud involving F19... Kyoto units, money laundering, terrorist financing or other serious crimes;

[F20(d)if the national administrator is not satisfied that the proposed account holder is a fit and proper person to hold such an account.]

[F213.If the national administrator refuses to open an account, the person requesting the account opening may appeal against the decision in accordance with Article 110c.]

Textual Amendments

[F22Article 23U.K.Authorised representatives

1.Each account must have at least two authorised representatives. The authorised representatives may initiate transactions and other processes on behalf of the account holder.

2.In addition to the authorised representatives specified in paragraph 1, accounts may also have authorised representatives with “view only” access to the account.

3.The approval of an authorised representative is required in order to initiate a transaction.

4.The data exchange and technical specifications may set a maximum number of authorised representatives for each account type.

5.Authorised representatives must be natural persons over 18 years of age. All authorised representatives of a single account must be different persons but the same person can be an authorised representative on more than one account. The Secretary of State may require that at least one of the authorised representatives of an account is a permanent resident in the United Kingdom.]

Textual Amendments

Article 24U.K.Nominating and approval of authorised representatives F23...

1.When requesting the opening of an account, the prospective account holder [F24must] nominate a number of authorised representatives F25... in accordance with Article 23.

2.When nominating an authorised representative F26..., the account holder [F27must] provide information as required by the [F28national administrator]. That information [F27must] include, at a minimum, the information set out in Annex VIII.

3.Within 20 working days of the receipt of a complete set of information required in accordance with paragraph 2, the national administrator [F29must] approve an authorised representative F30..., or inform the account holder of its refusal. Where evaluation of the nominee information requires more time, the [F31national administrator may] extend the evaluation process by up to 20 additional working days, and notify the extension to the account holder.

4.The national administrator [F32must] verify whether the information and documents provided for nominating an authorised representative F33... are complete, up-to-date, accurate and true.

5.A national administrator may refuse to approve an authorised representative F34...:

(a)if the information and documents provided are incomplete, out-of-date or otherwise inaccurate or false;

(b)if the prospective representative is under investigation or has been convicted in the preceding five years for fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes for which the account may be an instrument;

[F35(c)if the national administrator is not satisfied that the proposed authorised representative is a fit and proper person to act as an authorised representative.]

[F366.If the national administrator refuses to approve an authorised representative, the account holder may appeal against the decision in accordance with Article 110c.]

Textual Amendments

Article 25U.K.Updating of account information and information on authorised representatives

1.All account holders [F37must] notify the national administrator within 10 working days of changes to the information submitted for the opening of an account. In addition, account holders [F37must] confirm to the national administrator by 31 December each year that the information for their account remains complete, up-to-date, accurate and true.

F382.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The notification of change [F39must] be supported by information as required by the national administrator in conformity with this Section. Within 15 working days of the receipt of such a notification and supporting information, the [F40national administrator] [F39must] [F41determine whether to] approve the update of the information. [F42The national administrator] may refuse to update the information in accordance with Article 24(4) and (5). The account holder [F39must] be notified of any such refusal. [F43If the national administrator refuses to update the information, the account holder may appeal against the decision in accordance with Article 110c.]

4.At least once every three years, the national administrator [F44must] review whether the information submitted for the opening of an account remains complete, up-to-date, accurate and true, and [F44must] request that the account holder notify any changes as appropriate.

F455.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.[F46No] account holder may sell or divest of the ownership of its account to another person.

7.An authorised representative F47... may not transfer its status as such to another person.

8.An account holder may request the removal of an authorised representative from an account. Upon receipt of the request the national administrator [F48must] suspend the access of the authorised representative F49.... Within 10 working days of the receipt of the request, the [F50national administrator] [F48must] remove the authorised representative.

9.An account holder may nominate new authorised representatives F51... in accordance with Article 24.

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F5311.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 26U.K.Trusted account list

[F541.Person holding accounts may have a trusted account list in the Registry]

2.Accounts held by the same account holder shall be automatically included on the trusted account list.

F553.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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