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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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Version Superseded: 01/05/2021
Point in time view as at 31/01/2020.
There are currently no known outstanding effects for the Commission Regulation (EU) No 389/2013, TITLE IV.
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Member States shall bring into force the laws, regulations and administrative provisions necessary to implement this Regulation, and in particular for national administrators to comply with their obligations to verify and review information submitted pursuant to Articles 22(1), 24(4) and 25(4).
Accounts, as specified in Chapter 3 of Title I of this Regulation, opened or used pursuant to Regulation (EU) No 920/2010 shall remain in use for the purposes of this Regulation.
Trading platform accounts opened pursuant to Regulation (EU) No 920/2010 shall remain in use as external trading platform accounts for the purposes of this Regulation.
The central administrator shall provide national administrators with a list of the ETS accounts holding international credits which cannot be used pursuant to measures adopted pursuant to Article 11a(9) of Directive 2003/87/EC after the date set by those measures. On the basis of this list, the national administrator shall request the account holder to specify a KP account to which such international credits shall be transferred.
If the account holder has not responded to the administrator’s request within 40 working days, the administrator shall transfer the international credits to a national KP account.
Regulation (EU) No 920/2010 is amended as follows:
Articles 3 to 28 are deleted;
Article 32 is replaced by the following:
1.If, by the deadline set out in Article 12(2a) of Directive 2003/87/EC for surrendering allowances, a verified emissions value of 0 is entered in the Union registry for an aircraft operator for the previous year in accordance with Article 29, the Union registry shall set the corresponding aircraft operator holding account to excluded status.
2.The Union registry shall set the account to open status when the verified emissions value for year before the current year is not 0.’;
in Article 41, paragraph 4 is replaced by the following:
‘4.Where an excluded aircraft operator holding account does not receive allowances under paragraph 1, those allowances shall not be created in the account should it be subsequently set to open status.’;
Article 57 is replaced by the following:
Within ten working days of the completion of the clearing transactions set out in Article 56, the Union registry shall delete Chapter II allowances valid for the 2008-2012 period held in user accounts in the Union registry and issue an equal amount of Chapter II allowances valid for the 2013-2020 period to the same accounts and delete Chapter III allowances valid for the 2008-2012 period held in user accounts in the Union registry and issue an equal amount of Chapter III allowances valid for the 2013-2020 period to the same accounts.’;
in Article 52, paragraph 4 is replaced by the following:
‘4.The central administrator shall carry out a deduction of a quantity from the minimum deposited quantity recorded in the EUTL after the clearing transactions in accordance with Article 56 have taken place. The deduction shall equal the total amount of Chapter III allowances surrendered by operator holding accounts administered by the national administrator of the Member State for the 2008-12 period; plus the clearing value calculated in accordance with Article 56(3).’;
Articles 59 to 79 are deleted.
Regulation (EU) No 1193/2011 is repealed.
Regulation (EU) No 920/2010 is repealed with effect from 1 October 2013.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
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