What changed, Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registrie…

+ ## SUBJECT MATTER AND DEFINITIONS
− ### art_1
+ ### Article 1 — Subject matter
− Article 1
+ ### Article 2 — Definitions
− ### art_2
− 
− Article 2
+ (a) ‘2005-2007 period’ means the period from 1 January 2005 to 31 December 2007 as referred to in Article 11(1) of Directive 2003/87/EC;
− | (a) | ‘2005-2007 period’ means the period from 1 January 2005 to 31 December 2007 as referred to in Article 11(1) of Directive 2003/87/EC; |
− | --- | --- |
+ (b) ‘2008-2012 period and subsequent five-year periods’ means the period from 1 January 2008 to 31 December 2012 plus consecutive five-year periods as referred to in Article 11(2) of Directive 2003/87/EC;
− | (b) | ‘2008-2012 period and subsequent five-year periods’ means the period from 1 January 2008 to 31 December 2012 plus consecutive five-year periods as referred to in Article 11(2) of Directive 2003/87/EC; |
− | --- | --- |
+ (c) ‘account holder’ means a person who holds an account in the registries system;
− | (c) | ‘account holder’ means a person who holds an account in the registries system; |
− | --- | --- |
+ (d) ‘assigned amount’ means the amount of greenhouse gas emissions in tonnes of carbon dioxide equivalent calculated in accordance with the emission levels determined pursuant to Article 7 of Decision No 280/2004/EC;
− | (d) | ‘assigned amount’ means the amount of greenhouse gas emissions in tonnes of carbon dioxide equivalent calculated in accordance with the emission levels determined pursuant to Article 7 of Decision No 280/2004/EC; |
− | --- | --- |
+ (e) ‘assigned amount unit’ (AAU) means a unit issued pursuant to Article 7(3) of Decision No 280/2004/EC;
− | (e) | ‘assigned amount unit’ (AAU) means a unit issued pursuant to Article 7(3) of Decision No 280/2004/EC; |
− | --- | --- |
+ (f) ‘authorised representative’ means a natural person authorised to represent the Central Administrator, a registry administrator, an account holder or a verifier pursuant to Article 23;
− | (f) | ‘authorised representative’ means a natural person authorised to represent the Central Administrator, a registry administrator, an account holder or a verifier pursuant to Article 23; |
− | --- | --- |
+ (g) ‘CDM registry’ means the clean development mechanism registry established, operated and maintained by the executive board of the clean development mechanism pursuant to Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol;
− | (g) | ‘CDM registry’ means the clean development mechanism registry established, operated and maintained by the executive board of the clean development mechanism pursuant to Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol; |
− | --- | --- |
+ (h) ‘Central Administrator’ means the person designated by the Commission pursuant to Article 20 of Directive 2003/87/EC to operate and maintain the Community independent transaction log;
− | (h) | ‘Central Administrator’ means the person designated by the Commission pursuant to Article 20 of Directive 2003/87/EC to operate and maintain the Community independent transaction log; |
− | --- | --- |
+ (i) ‘Community independent transaction log’ means the independent transaction log provided for in Article 20(1) of Directive 2003/87/EC for the purpose of recording the issue, transfer and cancellation of allowances, and established, operated and maintained in accordance with Article 5;
− | (i) | ‘Community independent transaction log’ means the independent transaction log provided for in Article 20(1) of Directive 2003/87/EC for the purpose of recording the issue, transfer and cancellation of allowances, and established, operated and maintained in accordance with Article 5; |
− | --- | --- |
+ (j) ‘competent authority’ means the authority or authorities designated by a Member State pursuant to Article 18 of Directive 2003/87/EC;
− | (j) | ‘competent authority’ means the authority or authorities designated by a Member State pursuant to Article 18 of Directive 2003/87/EC; |
− | --- | --- |
+ (k) ‘discrepancy’ means an irregularity detected by the Community independent transaction log or UNFCCC independent transaction log whereby the proposed process does not conform to the requirements specified under Directive 2003/87/EC as elaborated in this Regulation and the requirements elaborated …
− | (k) | ‘discrepancy’ means an irregularity detected by the Community independent transaction log or UNFCCC independent transaction log whereby the proposed process does not conform to the requirements specified under Directive 2003/87/EC as elaborated in this Regulation and the requirements elabora…
− | --- | --- |
+ (l) ‘force majeure allowance’ means a force majeure allowance issued pursuant to Article 29 of Directive 2003/87/EC;
− | (l) | ‘force majeure allowance’ means a force majeure allowance issued pursuant to Article 29 of Directive 2003/87/EC; |
− | --- | --- |
+ (m) ‘inconsistency’ means an irregularity detected by the Community independent transaction log or UNFCCC independent transaction log whereby the information regarding allowances, accounts or Kyoto units provided by a registry as part of the periodic reconciliation process differs from the informati…
− | (m) | ‘inconsistency’ means an irregularity detected by the Community independent transaction log or UNFCCC independent transaction log whereby the information regarding allowances, accounts or Kyoto units provided by a registry as part of the periodic reconciliation process differs from the infor…
− | --- | --- |
+ (n) ‘Kyoto unit’ means an AAU, RMU, ERU or CER;
− | (n) | ‘Kyoto unit’ means an AAU, RMU, ERU or CER; |
− | --- | --- |
+ (o) ‘process’ means any one of the processes referred to in Article 32;
− | (o) | ‘process’ means any one of the processes referred to in Article 32; |
− | --- | --- |
+ (p) ‘registry’ means a registry established, operated and maintained pursuant to Article 6 of Decision No 280/2004/EC, incorporating a registry established pursuant to Article 19 of Directive 2003/87/EC;
− | (p) | ‘registry’ means a registry established, operated and maintained pursuant to Article 6 of Decision No 280/2004/EC, incorporating a registry established pursuant to Article 19 of Directive 2003/87/EC; |
− | --- | --- |
+ (q) ‘registry administrator’ means the competent authority, persons or person, designated by the Member State or the Commission, that operates and maintains a registry in accordance with the requirements of Directive 2003/87/EC, Decision No 280/2004/EC and this Regulation;
− | (q) | ‘registry administrator’ means the competent authority, persons or person, designated by the Member State or the Commission, that operates and maintains a registry in accordance with the requirements of Directive 2003/87/EC, Decision No 280/2004/EC and this Regulation; |
− | --- | --- |
+ (r) ‘removal unit’ (RMU) means a unit issued pursuant to Article 3 of the Kyoto Protocol;
− | (r) | ‘removal unit’ (RMU) means a unit issued pursuant to Article 3 of the Kyoto Protocol; |
− | --- | --- |
+ (s) ‘temporary CER’ (tCER) is a CER issued for an afforestation or reforestation project activity under the CDM which, subject to the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol, expires at the end of the commitment period following the one during which it was issued;
− | (s) | ‘temporary CER’ (tCER) is a CER issued for an afforestation or reforestation project activity under the CDM which, subject to the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol, expires at the end of the commitment period following the one during which it was issued; |
− | --- | --- |
+ (t) ‘long-term CER’ (lCER) is a CER issued for an afforestation or reforestation project activity under the CDM which, subject to the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol, expires at the end of the crediting period of the afforestation or reforestation project activity unde…
− | (t) | ‘long-term CER’ (lCER) is a CER issued for an afforestation or reforestation project activity under the CDM which, subject to the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol, expires at the end of the crediting period of the afforestation or reforestation project activity …
− | --- | --- |
+ (u) ‘third country registry’ means a registry established, operated and maintained by a country listed in Annex B to the Kyoto Protocol which has ratified the Kyoto Protocol and is not a Member State;
− | (u) | ‘third country registry’ means a registry established, operated and maintained by a country listed in Annex B to the Kyoto Protocol which has ratified the Kyoto Protocol and is not a Member State; |
− | --- | --- |
+ (v) ‘transaction’ means the issue, transfer, acquisition, surrender, cancellation and replacement of allowances and the issue, transfer, acquisition, cancellation and retirement of ERUs, CERs, AAUs and RMUs and carry-over of ERUs, CERs and AAUs;
− | (v) | ‘transaction’ means the issue, transfer, acquisition, surrender, cancellation and replacement of allowances and the issue, transfer, acquisition, cancellation and retirement of ERUs, CERs, AAUs and RMUs and carry-over of ERUs, CERs and AAUs; |
− | --- | --- |
+ (w) ‘UNFCCC independent transaction log’ means the independent transaction log established, operated and maintained by the Secretariat of the United Nations Framework Convention on Climate Change;
− | (w) | ‘UNFCCC independent transaction log’ means the independent transaction log established, operated and maintained by the Secretariat of the United Nations Framework Convention on Climate Change; |
− | --- | --- |
+ (x) ‘verifier’ means a competent, independent, accredited verification body with responsibility for performing and reporting on the verification process, in accordance with the detailed requirements established by the Member State pursuant to Annex V of Directive 2003/87/EC;
− | (x) | ‘verifier’ means a competent, independent, accredited verification body with responsibility for performing and reporting on the verification process, in accordance with the detailed requirements established by the Member State pursuant to Annex V of Directive 2003/87/EC; |
− | --- | --- |
+ (y) ‘year’ means a calendar year, defined according to Greenwich Mean Time.
− | (y) | ‘year’ means a calendar year, defined according to Greenwich Mean Time. |
− | --- | --- |
+ ## REGISTRIES AND TRANSACTION LOGS
− ### art_3
+ ### Article 3 — Registries
− Article 3
+ ### Article 4 — Consolidated registries
− ### art_4
− 
− Article 4
+ ### Article 5 — The Community independent transaction log
− ### art_5
− Article 5
− 
+ ### Article 6 — Communication link between registries and the Community independent transaction log
− ### art_6
− 
− Article 6
+ 
+ ### Article 7 — Communication link between the independent transaction logs
+ 
+ 1. A communication link between the Community independent transaction log and the UNFCCC independent transaction log shall be considered as established when these systems are linked on the basis of a decision taken by the Central Administrator after consulting the Climate Change Committee. The Centr…
+ 
+ (a) all registries have successfully completed the UNFCCC initialisation procedure; and
+ (b) the Community independent transaction log and the UNFCCC independent transaction log are able to provide the necessary functionality and to link to each other.
− ### art_7
+ 2. If the conditions provided for in paragraph 1 are not met, the Commission may, subject to the majority support of the Climate Change Committee, instruct the Central Administrator to establish and maintain such a link.
− Article 7
+ 3. After having established the link described in 1., all processes concerning allowances, verified emissions, accounts, automatic national allocation plan table changes and Kyoto units shall be completed through the exchange of data via the UNFCCC independent transaction log and thereon to the Comm…
− A communication link between the Community independent transaction log and the UNFCCC independent transaction log shall be established promptly after the UNFCCC independent transaction log has been established.
+ 4. The Commission shall evaluate and report to the Climate Change Committee on options for connecting registries, the UNFCCC independent transaction log and the Community independent transaction log different from the one described in 3.In particular it shall be considered whether all processes conc…
− After such a link is established, all processes concerning allowances, verified emissions, accounts and Kyoto units shall be completed through the exchange of data via the UNFCCC independent transaction log and thereon to the Community independent transaction log.
+ 5. Each Member State shall deliver to the administrator of the UNFCCC independent transaction log and the Central Administrator the documentation required for the initialisation of each registry with the UNFCCC independent transaction log, and by 1 September 2007 each registry shall be technically p…
− ### art_8
+ 6. The decisions referred to in paragraphs 1 and 2 shall, where possible be adopted at least three months prior to their implementation.
− Article 8
+ ### Article 8 — Registry administrators
+ 
+ ## Reporting and Confidentiality
− ### art_9
+ ### Article 9 — Reporting
− Article 9
+ ### Article 10 — Confidentiality
− ### art_10
− 
− Article 10
+ ## Accounts
− ### art_11
+ ### Article 11 — Accounts
− Article 11
+ ## Party accounts
− ### art_12
+ ### Article 12 — Creation of Party accounts
− Article 12
+ ### Article 13 — Closure of Party accounts
− ### art_13
− Article 13
− 
+ ### Article 14 — Notification
− ### art_14
− 
− Article 14
+ ## Operator holding accounts
− ### art_15
+ ### Article 15 — Creation of operator holding accounts
− Article 15
+ ### Article 16 — Holding of Kyoto units in operator holding accounts
− ### art_16
− Article 16
− 
+ ### Article 17 — Closure of operator holding accounts
− ### art_17
− Article 17
− 
+ ### Article 18 — Notification
− ### art_18
− Article 18
− 
+ ## Person holding accounts
− ### art_19
+ ### Article 19 — Creation of person holding accounts
− Article 19
+ ### Article 20 — Holding of Kyoto units in person holding accounts
− ### art_20
− 
− Article 20
+ ### Article 21 — Closure of person holding accounts
− ### art_21
− 
− Article 21
− 
− ### art_22
+ ### Article 22 — Notification
− Article 22
− 
− ### art_23
+ ### Article 23 — Authorised representatives
− Article 23
+ ## Tables
− ### art_24
+ ### Article 24 — Tables
− Article 24
+ ## Codes and identifiers
− ### art_25
+ ### Article 25 — Codes
− Article 25
+ ### Article 26 — Account identification codes and alphanumeric identifiers
− ### art_26
− 
− Article 26
+ ## Blocking of accounts
− ### art_27
+ ### Article 27 — Blocking of operator holding accounts
− Article 27
+ ## Automated checks and the data reconciliation process
− ### art_28
+ ### Article 28 — Detection of discrepancies by the Community independent transaction log
− Article 28
+ ### Article 29 — Detection of inconsistencies by the Community independent transaction log
− ### art_29
− 
− Article 29
+ ### Article 30 — Detection of discrepancies and inconsistencies by the UNFCCC independent transaction log
− ### art_30
− 
− Article 30
+ ### Article 31 — Registry automated checks
− ### art_31
− Article 31
− 
+ ## Execution and finalisation of processes
− ### art_32
+ ### Article 32 — Processes
− Article 32
+ 
+ ### Article 33 — Identification codes
+ 
+ The registry administrator shall assign to each process referred to in Annex VIII a unique correlation identification code and to each process referred to in Annex IX a unique transaction identification code. Each such identification code shall comprise the elements set out in Annex VI.
+ 
+ ### Article 34 — Finalisation of processes concerning accounts, automatic national allocation plan table changes and verified emissions
+ 
+ When there is a communication link established between the two independent transaction logs and if all processes concerning accounts, automatic national allocation plan table changes and verified emissions are completed through the exchange of data via the UNFCCC independent transaction log, these s…
+ In all other cases than those referred to in the first paragraph, all processes concerning accounts, automatic national allocation plan table changes and verified emissions shall be final when the Community independent transaction log successfully informs the initiating registry that it has not dete…
− ### art_33
+ ### Article 34a — Manual reversal of finalised transactions initiated in error
− Article 33
+ 1. If an account holder or a registry administrator acting on behalf of the account holder unintentionally or erroneously initiated a transaction under Articles 52, 53, 58 or 62(2), it may propose to its registry administrator to carry out a manual reversal of the transaction in a written request du…
− The registry administrator shall assign to each process referred to in Annex VIII a unique correlation identification code and to each process referred to in Annex IX a unique transaction identification code. Each such identification code shall comprise the elements set out in Annex VI.
+ 2. The registry administrator may notify the Central Administrator of the request and its intention to carry out a specific manual intervention in its database in order to reverse the transaction, within 30 calendar days of its decision on reversing the transaction, but not later than 60 calendar da…
− ### art_34
+ The Central Administrator shall, within 30 calendar days of its receipt of the registry administrator’s notification under the first subparagraph of paragraph 2 carry out a manual intervention in the Community independent transaction log database that is corresponding to the one specified in the not…
− Article 34
+ (a) the notification was posted within the deadline indicated in the first subparagraph of paragraph 2;
− All processes referred to in Annex VIII shall be final when both independent transaction logs successfully inform the initiating registry that they have not detected any discrepancies in the proposal sent by the initiating registry.
+ (b) the proposed manual intervention only reverses the effects of the transaction considered to have been initiated unintentionally or erroneously and does not involve reversing the effects of later transactions involving the same allowances or Kyoto units.
− However, prior to the communication link between the Community independent transaction log and the UNFCCC independent transaction log being established, all processes referred to in Annex VIII shall be final when the Community independent transaction log successfully informs the initiating registry …
+ 3. The registry administrator may not reverse transactions pursuant to Article 52 and 53 if as a result, an operator would become non-compliant for a previous year.
− ### art_35
+ ### Article 35 — Finalisation of processes concerning transactions within registries
− Article 35
+ ### Article 36 — Finalisation of the external transfer process
− ### art_36
− 
− Article 36
− 
− ### art_37
+ ### Article 37 — Finalisation of the reconciliation process
− Article 37
+ ## Allocation and issue of allowances for the 2005-2007 period
− ### art_38
+ ### Article 38 — National allocation plan table for the 2005-2007 period
− Article 38
+ ### Article 39 — Issue of allowances
− ### art_39
− Article 39
− 
+ ### Article 40 — Allocation of allowances to operators
− ### art_40
− 
− Article 40
+ ### Article 41 — Surrender of allowances on instruction of the competent authority
− ### art_41
− 
− Article 41
+ ### Article 42 — Allocation of allowances to new entrants
− ### art_42
− Article 42
− 
+ ### Article 43 — Issue of force majeure allowances
− ### art_43
− Article 43
− 
+ ## Allocation and issue of allowances for the 2008-2012 period and each subsequent five year period
− ### art_44
+ ### Article 44 — National allocation plan table for the 2008-2012 period and each subsequent five year period
− Article 44
+ ### Article 45 — Issue of allowances
− ### art_45
− 
− Article 45
+ ### Article 46 — Allocation of allowances to operators
− ### art_46
− Article 46
− 
+ ### Article 47 — Surrender of allowances on instruction of the competent authority
− ### art_47
− Article 47
− 
+ ### Article 48 — Allocation of allowances to new entrants
− ### art_48
− Article 48
− 
+ 
+ ### Article 48a — Allocation of allowances following their sale by Member State
+ 
+ If instructed to do so by the competent authority following a sale of allowances held by a Member State, the registry administrator shall transfer a quantity of allowances from the Party holding account to the person holding account or operator holding account of the buyer of allowances.
+ 
+ Allowances transferred within the same registry shall be transferred in accordance with the ‘internal transfer’ process set out in Annex IX. Allowances transferred from one registry to another will be transferred in accordance with the ‘external transfer (2008 to 2012 onwards)’ process set out in An…
+ ## Transfers and eligibility
− ### art_49
+ ### Article 49 — Transfers of allowances and Kyoto units by account holders
− Article 49
+ (a) within its registry as requested by an account holder in accordance with the internal transfer process set out in Annex IX;
− | (a) | within its registry as requested by an account holder in accordance with the internal transfer process set out in Annex IX; |
− | --- | --- |
+ (b) between registries as requested by an account holder for allowances issued for the 2005-2007 period in accordance with the external transfer (2005-2007) process set out in Annex IX; and
− | (b) | between registries as requested by an account holder for allowances issued for the 2005-2007 period in accordance with the external transfer (2005-2007) process set out in Annex IX; and |
− | --- | --- |
+ (c) between registries as requested by an account holder for allowances issued for the 2008-2012 period and subsequent five-year periods and Kyoto units in accordance with the external transfer (2008-2012 onwards) process set out in Annex IX.
− | (c) | between registries as requested by an account holder for allowances issued for the 2008-2012 period and subsequent five-year periods and Kyoto units in accordance with the external transfer (2008-2012 onwards) process set out in Annex IX. |
− | --- | --- |
+ ### Article 50 — Eligibility and the commitment period reserve
− ### art_50
+ 1. ►M1 When a communication link is established between the UNFCCC independent transaction log and the Community independent transaction log in accordance with Article 7 of this Regulation a Member State may not transfer or acquire ERUs or AAUs, until 16 months have elapsed since the submission of i…
− Article 50
− 1. A Member State may not transfer or acquire ERUs or AAUs, or use CERs, until 16 months have elapsed since the submission of its report in accordance with Article 7(1) of Decision 280/2004/EC, unless the Secretariat to the UNFCCC has informed that Member State that compliance procedures will not be…
− 
+ 2. When, from 1 January 2008 onwards, the holdings of ERUs, CERs, AAUs and RMUs valid for the relevant five-year period in the Party holding accounts, operator holding accounts, person holding accounts and retirement accounts in a Member State become less than 1 per cent higher than the commitment p…
− 2. When, from 1 January 2008 onwards, the holdings of ERUs, CERs, AAUs and RMUs valid for the relevant five-year period in the Party holding accounts, operator holding accounts, person holding accounts and retirement accounts in a Member State approach a breach of the commitment period reserve, calc…
+ ## Verified emissions
− ### art_51
+ ### Article 51 — Verified emissions of an installation
− Article 51
+ ## Surrender of allowances
− ### art_52
+ ### Article 52 — Surrender of allowances
− Article 52
+ (a) transfer a specified number of allowances for a specified year from the relevant operator holding account into the Party holding account of that registry;
− | (a) | transfer a specified number of allowances for a specified year from the relevant operator holding account into the Party holding account of that registry; |
− | --- | --- |
+ (b) enter the number of transferred allowances into the section of the surrendered allowance table designated for that installation for that year.
− | (b) | enter the number of transferred allowances into the section of the surrendered allowance table designated for that installation for that year. |
− | --- | --- |
+ ### Article 53 — The use of CERs and ERUs
− ### art_53
− Article 53
− 
+ (a) transfer a specified number of CERs or ERUs for a specified year from the relevant operator holding account into the Party holding account of that registry;
− | (a) | transfer a specified number of CERs or ERUs for a specified year from the relevant operator holding account into the Party holding account of that registry; |
− | --- | --- |
+ (b) enter the number of transferred CERs and ERUs into the section of the surrendered allowance table designated for that installation for that year.
− | (b) | enter the number of transferred CERs and ERUs into the section of the surrendered allowance table designated for that installation for that year. |
− | --- | --- |
+ ### Article 54 — Surrender of force majeure allowances
− ### art_54
− 
− Article 54
+ ### Article 55 — Calculation of compliance status figures
− ### art_55
− Article 55
− 
+ (a) during the years 2005, 2006 and 2007 determine the compliance status figure for that installation and for each year by calculating the sum of all allowances surrendered from the year 2005 up to and including the current year minus the sum of all verified emissions from the year 2005 up to and in…
− | (a) | during the years 2005, 2006 and 2007 determine the compliance status figure for that installation and for each year by calculating the sum of all allowances surrendered from the year 2005 up to and including the current year minus the sum of all verified emissions from the year 2005 up to an…
− | --- | --- |
+ (b) during the year 2008 and each year thereafter determine the compliance status figure for that installation and for each year by calculating the sum of all allowances surrendered from the year 2008 up to and including the current year minus the sum of all verified emissions from the year 2008 up …
− | (b) | during the year 2008 and each year thereafter determine the compliance status figure for that installation and for each year by calculating the sum of all allowances surrendered from the year 2008 up to and including the current year minus the sum of all verified emissions from the year 2008…
− | --- | --- |
+ ### Article 56 — Entries into the compliance status table
− ### art_56
− Article 56
− 
+ ### Article 57 — Entries into the verified emissions table
− ### art_57
+ Where, on 1 May 2006 and on 1 May of each year thereafter, no verified emissions figure has been entered into the verified emissions table 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 calculat…
− Article 57
+ ## Cancellation and retirement
− Where, on 1 May 2006 and on 1 May of each year thereafter, no verified emissions figure has been entered into the verified emissions table 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 calculat…
+ ### Article 58 — Cancellation and retirement of surrendered allowances and force majeure allowances for the 2005-2007 period
− ### art_58
+ On 30 June 2006, 2007 and 2008 the registry administrator shall cancel a number of allowances, CERs, and *force majeure* allowances held in the Party holding account pursuant to Articles 52, 53 and 54. The number of allowances, CERs, and *force majeure* allowances to be cancelled shall be equal to t…
− Article 58
− On 30 June 2006, 2007 and 2008 the registry administrator shall cancel a number of allowances, CERs, and force majeure allowances held in the Party holding account pursuant to Articles 52, 53 and 54. The number of allowances, CERs, and force majeure allowances to be cancelled shall be equal to the t…
− 
+ ### Article 59 — Cancellation and retirement of surrendered allowances for the 2008-2012 period and subsequent periods
− ### art_59
− Article 59
− 
+ (a) converting a number of allowances issued for that five-year period and held in the Party holding account, equal to the total number of allowances surrendered pursuant to Article 52 as entered in the surrendered allowance table since 1 January 2008 on 30 June 2009 and since 30 June of the precedi…
− | (a) | converting a number of allowances issued for that five-year period and held in the Party holding account, equal to the total number of allowances surrendered pursuant to Article 52 as entered in the surrendered allowance table since 1 January 2008 on 30 June 2009 and since 30 June of the pre…
− | --- | --- |
+ (b) transferring a number of Kyoto units of the type specified by the competent authority, with the exception of Kyoto units resulting from projects referred to in Article 11a(3) of Directive 2003/87/EC, equal to the total number of allowances surrendered pursuant to Articles 52 and 53 as entered in…
− | (b) | transferring a number of Kyoto units of the type specified by the competent authority, with the exception of Kyoto units resulting from projects referred to in Article 11a(3) of Directive 2003/87/EC, equal to the total number of allowances surrendered pursuant to Articles 52 and 53 as entere…
− | --- | --- |
+ ## Cancellation and replacement
− ### art_60
+ ### Article 60 — Cancellation and replacement of allowances issued for the 2005-2007 period
− Article 60
+ (a) transferring a number of allowances, equal to the number of allowances held in the registry issued for the 2005 to 2007 period by any registry minus the number of allowances at the moment of cancellation and replacement surrendered pursuant to Articles 52 and 54 since the moment of retirement on…
− | (a) | transferring a number of allowances, equal to the number of allowances issued for the 2005-2007 period minus the number of allowances surrendered pursuant to Articles 52 and 54 since 30 June of the preceding year, from their holding accounts referred to in Article 11(1) and (2) to the cancel…
− | --- | --- |
+ (b) if instructed to do so by the competent authority, issuing a number of replacement allowances specified by the competent authority by converting an equal number of AAUs issued for the 2008-2012 period held in the Party holding account into allowances by adding the allowance element to the unique…
− | (b) | if instructed to do so by the competent authority, issuing a number of replacement allowances specified by the competent authority by converting an equal number of AAUs issued for the 2008-2012 period held in the Party holding account into allowances by adding the allowance element to the un…
− | --- | --- |
− 
− | (c) | transferring any such replacement allowances referred to in (b) from the Party holding account into the operator and person holding accounts specified by the competent authority from which allowances were transferred under point (a). |
− | --- | --- |
+ (c) transferring any such replacement allowances referred to in (b) from the Party holding account into the operator and person holding accounts specified by the competent authority from which allowances were transferred under point (a).
− ### art_61
+ ### Article 61 — Cancellation and replacement of allowances issued for the 2008-2012 period and subsequent periods
− Article 61
+ (a) transferring all allowances issued for the preceding five-year period from their operator and person holding accounts to the Party holding account;
− | (a) | transferring all allowances issued for the preceding five-year period from their operator and person holding accounts to the Party holding account; |
− | --- | --- |
+ (b) converting a number of allowances, equal to the number of allowances issued for the preceding five-year period minus the number of allowances surrendered pursuant to Article 52 since 30 June of the preceding year, into AAUs by removing the allowance element from the unique unit identification co…
− | (b) | converting a number of allowances, equal to the number of allowances issued for the preceding five-year period minus the number of allowances surrendered pursuant to Article 52 since 30 June of the preceding year, into AAUs by removing the allowance element from the unique unit identificatio…
− | --- | --- |
+ (c) issuing an equal number of replacement allowances by converting AAUs issued for the current period held in the Party holding account into allowances by adding the allowance element to the unique unit identification code of each such AAU comprising the elements set out in Annex VI;
− | (c) | issuing an equal number of replacement allowances by converting AAUs issued for the current period held in the Party holding account into allowances by adding the allowance element to the unique unit identification code of each such AAU comprising the elements set out in Annex VI; |
− | --- | --- |
+ (d) transferring a number of those allowances issued under point (c) for the current period from the Party holding account into each operator and person holding account from which allowances were transferred under point (a), equal to the number of allowances that were transferred from those accounts…
− | (d) | transferring a number of those allowances issued under point (c) for the current period from the Party holding account into each operator and person holding account from which allowances were transferred under point (a), equal to the number of allowances that were transferred from those acco…
− | --- | --- |
+ ## Voluntary cancellation and retirement
− ### art_62
+ ### Article 62 — Voluntary cancellation of allowances and Kyoto units
− Article 62
+ ### Article 63 — Retirement of Kyoto units
− ### art_63
− Article 63
− 
+ ## SECURITY STANDARDS, AUTHENTICATION AND ACCESS RIGHTS
− ### art_64
+ ### Article 64 — Security standards
− Article 64
+ ### Article 65 — Authentication
− ### art_65
− 
− Article 65
+ ### Article 66 — Access to registries
− ### art_66
− Article 66
− 
+ ### Article 67 — Suspension of access to accounts
− ### art_67
− Article 67
− 
+ (a) attempted to access accounts or processes which he is not authorised to access;
− | (a) | attempted to access accounts or processes which he is not authorised to access; |
− | --- | --- |
+ (b) repeatedly attempted to access an account or a process using a non-matching username and password; or
− | (b) | repeatedly attempted to access an account or a process using a non-matching username and password; or |
− | --- | --- |
+ (c) attempted, or is attempting, to undermine the security of the registry or the registries system.
− | (c) | attempted, or is attempting, to undermine the security of the registry or the registries system. |
− | --- | --- |
+ ## AVAILABILITY AND RELIABILITY OF INFORMATION
− ### art_68
+ ### Article 68 — Availability and reliability of registries and the Community independent transaction log
− Article 68
+ (a) the registry is available for access by account holders 24 hours a day, 7 days a week, and that the communication link between the registry and the Community independent transaction log is maintained 24 hours a day, 7 days a week, thereby providing backup hardware and software in the event of a …
− | (a) | the registry is available for access by account holders 24 hours a day, 7 days a week, and that the communication link between the registry and the Community independent transaction log is maintained 24 hours a day, 7 days a week, thereby providing backup hardware and software in the event o…
− | --- | --- |
+ (b) the registry and the Community independent transaction log respond promptly to requests made by account holders.
− | (b) | the registry and the Community independent transaction log respond promptly to requests made by account holders. |
− | --- | --- |
+ ### Article 69 — Suspension of access
− ### art_69
− 
− Article 69
+ ### Article 70 — Notification of suspension of access
− ### art_70
− Article 70
− 
+ ### Article 71 — Testing area of each registry and the Community independent transaction log
− ### art_71
− 
− Article 71
+ (a) any testing procedures on a new version or release of a registry are completed without reducing the availability to account holders of the version or release of the registry which currently has a communication link with the Community independent transaction log or UNFCCC independent transaction …
− | (a) | any testing procedures on a new version or release of a registry are completed without reducing the availability to account holders of the version or release of the registry which currently has a communication link with the Community independent transaction log or UNFCCC independent transact…
− | --- | --- |
+ (b) any communication link between a new version or release of a registry and the Community independent transaction log or UNFCCC independent transaction log is established and activated with minimum disruption to its account holders.
− | (b) | any communication link between a new version or release of a registry and the Community independent transaction log or UNFCCC independent transaction log is established and activated with minimum disruption to its account holders. |
− | --- | --- |
+ ### Article 72 — Change management
− ### art_72
− Article 72
− 
+ ## RECORDS AND FEES
− ### art_73
+ ### Article 73 — Records
− Article 73
+ ### Article 74 — Fees
− ### art_74
− Article 74
− 
+ 
+ ## FINAL PROVISIONS
+ 
+ ### Article 75 — Entry into force
+ 
+ This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.
+ 
+ This Regulation shall be binding in its entirety and directly applicable in all Member States.
+ 
+ ### ANNEX I
+ 
+ 
+ 
+ ### Hardware and software requirements of registries and the Community independent transaction log
… diff truncated at 500 changed lines …