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

− **2.** Information held in the registries may not be used without the prior consent of the relevant account holder except to operate and maintain those registries in accordance with the provisions of this Regulation.
− **2.** Within 10 days of the receipt of an application in accordance with paragraph 1 or the activation of the communication link between the registry and the Community independent transaction log, whichever is the later, the registry administrator shall create a person holding account in its regist…
− The registry administrator shall not establish more than 99 person holding accounts in any one person’s name in its registry.
− **3.** The applicant shall notify the registry administrator within 10 days of any changes in the information provided to the registry administrator pursuant to paragraph 1. Within 10 days of the receipt of such a notification the registry administrator shall update the person’s details in accordanc…
− ## Allocation and issue of allowances for the 2005-2007 period
− ### Article 38 — National allocation plan table for the 2005-2007 period
− **1.** By 1 October 2004, each Member State shall notify to the Commission its national allocation plan table, corresponding to the decision taken under Article 11 of Directive 2003/87/EC. If the national allocation plan table is based upon the national allocation plan notified to the Commission whi…
− **2.** A Member State shall notify each correction to its national allocation plan together with each corresponding correction in its national allocation plan table to the Commission. If the correction to the national allocation plan table is based upon the national allocation plan notified to the C…
− **3.** The registry administrator shall, subsequent to any correction made pursuant to paragraph 2 which occurs after allowances have been issued under Article 39 and which reduces the total quantity of allowances issued under Article 39 for the 2005-2007 period, transfer the number of allowances sp…
− ### Article 39 — Issue of allowances
− After the national allocation plan table has been entered into the Community independent transaction log and, subject to Article 38(2), by 28 February 2005, the registry administrator shall issue the total quantity of allowances set out in the national allocation plan table into the Party holding ac…
− When issuing such allowances the registry administrator shall assign a unique unit identification code to each allowance comprising the elements set out in Annex VI.
− Allowances shall be issued in accordance with the allowance issue (2005-2007) process set out in Annex IX.
− ### Article 40 — Allocation of allowances to operators
− Without prejudice to Articles 38(2) and 41, by 28 February 2005 and by 28 February of each year thereafter for the 2005-2007 period, the registry administrator shall transfer from the Party holding account to the relevant operator holding account the proportion of the total quantity of allowances is…
− ### Article 41 — Surrender of allowances on instruction of the competent authority
− If instructed to do so by the competent authority pursuant to Article 16(1) of Directive 2003/87/EC, the registry administrator shall surrender part or all of the proportion of the total quantity of allowances issued under Article 39 which has been allocated to an installation for a specific year, b…
− ### Article 42 — Allocation of allowances to new entrants
− If instructed to do so by the competent authority, the registry administrator shall transfer a proportion of the total quantity of allowances issued under Article 39 that are remaining in the Party holding account to the operator holding account of a new entrant.
− Allowances shall be transferred in accordance with the internal transfer process set out in Annex IX.
− ### Article 43 — Issue of force majeure allowances
− **1.** If instructed to do so by the competent authority, the registry administrator shall issue into the Party holding account the number of force majeure allowances authorised by the Commission for the 2005-2007 period pursuant to Article 29 of Directive 2003/87/EC.
− Force majeure allowances shall be issued in accordance with the force majeure allowance issue process set out in Annex IX.
− **2.** The registry administrator shall enter the number of issued force majeure allowances into the sections of the surrendered allowance table designated for those installations and years for which authorisation was given.
− **3.** When issuing force majeure allowances the registry administrator shall assign a unique unit identification code to each such force majeure allowance comprising the elements set out in Annex VI.
− **1.** The registry administrator shall carry out any transfer between holding accounts referred to in Article 11(1) and (2):(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 accoun…
− 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 …
− ### Article 54 — Surrender of force majeure allowances
− The issue of force majeure allowances in accordance with Article 43 shall constitute the surrender of those force majeure allowances.
− ### Article 58 — Cancellation and retirement of surrendered allowances and force majeure allowances for the 2005-2007 period
+ **4.** The Central Administrator may establish a restricted communication link between the CITL and the registry of an Accession Country for the purposes of enabling such registries to communicate with the UNFCCC independent transaction log through the CITL and to record verified emissions data of o…
+ **2.** The following entities may obtain data stored in the registries and the CITL:(a) the law enforcement and tax authorities of a Member State;(b) the European Anti-fraud Office of the European Commission;(c) Europol;(d) registry administrators of Member States.
+ **2a.** Transaction data may be provided to the entities listed under paragraph 2. upon their request to the Central Administrator or to a registry administrator if such requests are justified and necessary for the purposes of investigation, detection and prosecution of fraud, tax administration or …
+ **2b.** An entity receiving data in accordance with paragraph 2a shall ensure that the data received is only used for the purposes stated in the request in accordance with paragraph 2a and is not made available deliberately or accidentally to persons not involved in the intended purpose of the data …
+ **2c.** Upon their request, the Central administrator may provide access to anonymised transaction data to the entities listed in paragraph 2. for the purpose of looking for suspicious transaction patterns. Entities with such access may notify suspicious transaction patterns to other entities listed…
+ **2d.** Registry administrators shall make available through secure means to all other registry administrators the names and identities of persons whom they refused to open an account for, or whom refused to nominate as an authorised representative or additional authorised representative.
+ **2e.** Registry administrators may decide to notify to national law enforcement authorities all transactions that involve a number of units above the amount determined by the registry administrator and to notify any account that is involved in a number of transactions within a 24-hour period that i…
+ **6.** The account holder of a person holding account, a verifier account or an aircraft operator holding account may not sell or divest of the ownership of its account to another person. The account holder of an operator holding account may only sell or divest of its operator holding account togeth…
+ **2.** Within 10 days of the receipt of an application in accordance with paragraph 1 the registry administrator shall create a person holding account in its registry in accordance with the account creation process set out in Annex VIII or inform the person requesting the account opening that it ref…
+ **3.** The applicant shall notify the registry administrator within 10 days of any changes in the information provided to the registry administrator pursuant to paragraph 1. Within 10 days of the receipt of such a notification the registry administrator shall update the person’s details in accordanc…
+ **5.** If the registry administrator refused opening the account or refused updating information related to the account, the person requesting the account opening may object to this refusal with the competent authority, who shall either instruct the registry administrator to open the account or upho…
+ **6.** The registry administrator may require that EU persons requesting the account opening have their permanent residence or registration in the Member State of the registry.
+ ### Article 21a — Closure of accounts and removal of authorised representative on the administrator's initiative
+ **1.** If the situation giving rise to the suspension of access to accounts pursuant to Article 67 is not resolved within a reasonable period despite repeated notifications, the competent authority may instruct the registry administrator to close those person holding accounts where access is suspend…
+ **2.** The account holder may object to the closure of its account in accordance with paragraph 1 with the competent authority within 30 calendar days, who shall either instruct the registry administrator to reinstate the account or uphold the closure in a reasoned decision.
+ **3.** If there is a positive balance of allowances or Kyoto units on an account which the registry administrator is to close after suspension in accordance with Article 67(1), the registry administrator shall first request the account holder to specify another account administered by the same admin…
+ **4.** If there is a positive balance of allowances or Kyoto units on an account which was suspended in accordance with Article 67(1b), the competent authority may require in its instruction in accordance with paragraph 1 that these allowances or Kyoto units are moved immediately to the relevant nat…
+ **5.** Authorised representatives must be natural persons over 18 years. All authorised representatives and additional authorised representatives of a single account must be different persons but the same person can be an authorised representative or an additional authorised representative on more t…
+ **6.** When nominating an authorised representative or additional authorised representative, the account holder shall provide the information required by the registry administrator. That information shall include at least the documents and identification information on the nominee set out in Annex I…
+ **7.** The registry administrator shall evaluate the information received and if it finds it satisfactory, it shall approve the nominee within 20 working days of receiving the information or inform the person requesting the account opening that it refuses the approval. Where the evaluation of the no…
+ **8.** If the registry administrator refused to approve an authorised representative or additional authorised representative, the person requesting the account opening may object to this refusal with the competent authority, who shall either instruct the registry administrator to carry out the appro…
+ **9.** An authorised representative or additional authorised representative may not transfer its status as such to another person.
+ **10.** The registry administrator may remove an authorised representative or an additional authorised representative if it considers that the approval of the authorised representative or an additional authorised representative should have been refused in accordance with paragraph 7. and in particul…
+ **2a.** If a registry administrator unintentionally or erroneously initiated an allocation under Article 46 that resulted in allocating allowances to an installation that was not operating anymore at the time of the allocation transaction, the competent authority may notify its request to the Centra…
+ **1.** The registry administrator shall carry out any transfer between holding accounts referred to in Article 11(1) and (2):(a) within its registry as requested by an account holder in accordance with the internal transfer process set out in Annex IX;▼M3 —————▼B(c) between registries as requested b…
+ 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 …
+ A CER or ERU that was already surrendered may not be surrendered again nor transferred to an operator or person holding account in the EU ETS.
+ Surrendered CERs and ERUs shall only be transferred into a retirement account.
+ **1a.** An administrator may suspend the access of authorised representatives and additional authorised representatives to 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 …
+ **1b.** The registry administrator may suspend access to a person holding account if it considers that its opening should have been refused on the basis of Article 19(2). The account holder may object to the suspension with the competent authority or the relevant authority under national law within …