What changed, Commission Regulation (EU) No 920/2010 of 7 October 2010 establishing a Union Registry for the periods ending…

− ## CHAPTER II / **THE REGISTRIES SYSTEM**
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− ### Article 3 — Registries
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− 1. For the purposes of meeting their obligations as KP Parties and under Article 6 of Decision No 280/2004/EC to ensure the accurate accounting of Kyoto units, each Member State and the Union shall operate a registry (hereinafter ‘KP registry’) in the form of a standardised electronic database that …
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− 2. A Union Registry for the periods ending 31 December 2012 of the Union emissions trading scheme is hereby established. For the purposes of meeting their obligations under Article 19 of Directive 2003/87/EC to ensure the accurate accounting of allowances, from 1 January 2012 onwards Member States s…
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− 3. By way of derogation from paragraph 1, Member States that are not able to issue AAUs due to reasons other than being determined by the UNFCCC to be ineligible to transfer ERUs, AAUs and CERs in accordance with the provisions of Decision 11/CMP.1 of the Conference of the Parties serving as the mee…
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− 4. The Union registry and every other KP registry shall conform to the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol elaborated pursuant to Decision 12/CMP.1 and comply with the hardware, network and software and security requiremen…
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− ### Article 4 — European Union Transaction Log
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− 1. A European Union Transaction Log (EUTL), to take the form of a standardised electronic database, is hereby established, pursuant to Article 20 of Directive 2003/87/EC, for transactions within the scope of this Regulation. The EUTL shall also serve to record all information relating to the holding…
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− 2. The Central Administrator shall operate and maintain the EUTL in accordance with the provisions of this Regulation.
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− 3. The EUTL shall be capable of checking and recording all processes referred to under Article 3(2), and shall conform to the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol elaborated pursuant to Decision 12/CMP.1 and comply with the…
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− 4. The EUTL shall be capable of recording all processes described in Chapters IV to VI.
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− ### Article 5 — Communication links between registries, the ITL and the EUTL
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− 1. The Union registry and every other KP registry shall maintain a communication link with the UNFCCC's International Transaction Log (hereinafter ‘ITL’) for the purposes of communicating transactions that transfer Kyoto units to or from other KP registries.
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− 2. The EUTL shall also maintain a communication link with the ITL for the purposes of recording and checking transfers referred to under paragraph 1. For this purpose, the ITL communicates all proposed transfers involving a KP registry to the EUTL before the transfer is recorded.
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− 3. The Union registry shall also maintain a direct communication link with the EUTL for the purposes of checking and recording transactions that transfer allowances and the account management processes described in Chapter IV. All transactions involving allowances shall take place within the Union r…
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− 4. The Climate Change Committee may decide to consolidate the external communication links, the information technology infrastructure, user account access procedures, and the mechanisms for managing KP accounts of the Union registry with those of all other KP registries into a Consolidated System of…
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− 5. The Central Administrator may establish a restricted communication link between the EUTL and the registry of an Accession Country for the purposes of enabling such registries to communicate with the ITL through the EUTL and to record verified emissions data of operators in the EUTL. Those registr…
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− ### Article 6 — National administrators and KP registry administrators
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− 1. Each Member State shall designate a national administrator. The Member State shall access and manage its own accounts and the accounts in the Union registry under its jurisdiction through its national administrator. Each Member State's national administrator shall also act as the administrator of…
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− 2. The Central Administrator shall operate and maintain the Union registry. The Central Administrator shall also act as the KP registry administrator of the EU KP registry part of the Union registry.
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− 3. The Member States and the Commission shall ensure that there is no conflict of interest among national administrators, the Central Administrator and holders of user accounts.
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− 4. Each Member State shall notify the Commission of the identity and contact details of its national administrator.
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− 5. The Commission shall coordinate the implementation of this Regulation with the registry administrators of each Member State and the Central Administrator. In particular, the Commission shall consult the administrators’ working group of the Climate Change Committee on issues and procedures related…
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− 6. The Central Administrator, the competent authorities and national administrators shall only perform processes where these are necessary to carry out their respective functions.
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− ## CHAPTER III / **UNITS**
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− ### Article 7 — Units
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− 1. The Union registry shall be able to hold Chapter II allowances and Chapter III allowances.
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− 2. Each KP registry and the Union registry shall be capable of holding AAUs, ERUs, CERs, RMUs, lCERs and tCERs (collectively referred to as ‘Kyoto units’).
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− ## *SECTION 1* / ***Provisions applicable to all accounts***
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− ### Article 8 — Accounts
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− 1. The Union registry shall contain the accounts listed under the headings ‘II. Management accounts in the Union registry’ and ‘III. User accounts in the Union registry’ in Annex I.
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− 2. The Union registry and every other KP registry shall contain the accounts listed under the heading ‘I. KP Party accounts in KP registries’ in Annex I.
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− 3. The type of units that may be held by each account type are set out in Annex I, and the type of transactions that may be initiated or received by each account type are set out in Annex II.
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− ### Article 9 — Account status
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− 1. Accounts shall be in one of the following status: open, inactive, blocked or closed.
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− 2. No processes may be initiated from blocked accounts, except for the surrendering of units, the entering of verified emissions, and the updating of account details.
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− 3. No processes may be initiated from closed accounts. A closed account may not be re-opened, and may not receive any unit transfers.
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− ### Article 10 — The administering of accounts
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− 1. Every account shall have an administrator who is responsible for administering the account on behalf of a Member State or on behalf of the Union.
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− 2. The administrator of an account is determined for each account type in the third column of Table I-1 in Annex I.
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− 3. The administrator of an account shall have the responsibility to open, suspend access to or close an account, to approve authorised representatives, to permit such changes to account details that require the approval of the administrator, and to initiate transactions if this is requested by the a…
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− 4. User accounts shall be governed by the laws and fall under the jurisdiction of the Member State of their administrator and the units held in them shall be considered to be situated in that Member State's territory.
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− ### Article 11 — Notifications from the administrators
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− The Central Administrator shall notify the holder and the administrator of a Union registry account of the initiation and completion or termination of any process related to the account through an automated mechanism described in the Data Exchange and Technical Specifications provided for in Article…
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− ## *SECTION 2* / ***Opening and updating of accounts***
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− ### Article 12 — Opening of KP Party accounts and management accounts
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− 1. The Commission shall instruct the Central administrator to open the Union's KP Party accounts and all management accounts in the Union registry except the national allowance holding accounts.
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− 2. The competent body of the Member State shall instruct the national administrator to open its national allowance holding account in the Union registry.
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− 3. The instructions referred to in paragraphs 1 and 2 shall contain the information set out in Annex III.
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− 4. Within 20 working days of the instruction, the registry administrator or the Central administrator shall open the KP Party account or management account.
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− ### Article 13 — Opening of person holding accounts in the Union registry
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− 1. A request for the opening of a person holding account in the Union registry shall be submitted to the national administrator of a Member State. The person requesting the account opening shall provide the information required by the national administrator, which shall include at least the informat…
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− 2. The Member State of the national administrator may require that EU persons requesting the account opening have their permanent residence or registration in the Member State of the national administrator administering the account.
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− 3. Within 20 working days of the receipt of a complete set of information required in accordance with paragraph 1 and 2 and after approving the required number of authorised representatives in accordance with Article 20 the national administrator shall open a person holding account in the Union regi…
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− ### Article 13a — Opening of trading accounts in the Union Registry
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− From 30 June 2012, the opening of trading accounts in the Union Registry may be requested. Subject to Articles 43 and 44, the rules set out in this Regulation for person holding accounts shall apply *mutatis mutandis*.
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− ### Article 14 — Opening of trading platform holding accounts in the Union registry
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− 1. Trading platforms may submit a request for a trading platform holding account in the Union Registry. This request shall be submitted to the national administrator. The person requesting the account shall provide information as required by the national administrator. This information shall include…
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− 2. National administrators shall ensure that external platforms conform to the technical and security requirements described in the data exchange and technical specifications provided for in Article 71.
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− 3. Within 20 working days of the receipt of the complete information required in accordance with paragraphs 1 and 2 and after approving the required number of authorised representatives in accordance with Article 20 the national administrator shall open a trading platform holding account in the Unio…
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− 4. The approval of an additional authorised representative pursuant to Article 19(2) shall not be required for transactions initiated by exempted trading platforms. A trading platform may be exempted by the national administrator upon written request if the external trading platform provides evidenc…
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− ### Article 15 — Opening of operator holding accounts in the Union registry
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− 1. Within 20 working days of the entry into force of a greenhouse gas emissions permit for the operation of a new installation, the competent authority issuing the permit shall provide its Member State’s national administrator with the information set out in Annex VII, and the operator shall request…
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− 2. If the competent authority so decides, the information referred to in paragraph 1 above may also be provided by the operator to the national administrator within the deadline set out in paragraph 1.
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− 3. Within 20 working days of the receipt of all the information referred to in paragraph 1 and after approving the required number of authorised representatives in accordance with Article 20 the national administrator shall open a separate operator holding account for each installation in the Union …
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− ### Article 16 — Opening of aircraft operator holding accounts in the Union registry
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− 1. Within 20 working days from the approval of the monitoring plan of an aircraft operator, or by 1 January 2012, whichever is the later, the competent authority shall provide its national administrator with the information set out in Annex VIII and the aircraft operator shall request the national a…
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− 2. If the competent authority so decides, the information referred to in paragraph 1 above may also be provided by the operator to the national administrator within the deadline set out in paragraph 1.
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− 3. Within 40 working days of the receipt of the information referred to in paragraph 1. and after approving the required number of authorised representatives in accordance with Article 20 the national administrator shall open a separate aircraft operator holding account for each aircraft operator in…
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− 4. The status of aircraft operator holding accounts shall be changed from blocked to open following the entry of verified emissions pursuant to Article 29 and a compliance status figure greater than or equal to 0 calculated pursuant to Article 31 paragraph 1. The status of the account shall also be …
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− ### Article 17 — Opening of verifier accounts in the Union registry
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− 1. A request for the opening of a verifier account in the Union registry shall be submitted to the national administrator. The person requesting the account opening shall provide the information required by the national administrator, which shall include the information set out in Annex IV and Annex…
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− 2. Within 20 working days of the receipt of all the information referred to in paragraph 1 and after approving the required number of authorised representatives in accordance with Article 20, the national administrator shall open the verifier account in the Union registry.
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− ### Article 18 — Refusal to open an account
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− 1. The national administrator shall verify whether the information and documents provided for account opening are complete, up to date, accurate and true.
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− 2. A national administrator may refuse to open an account:
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− (a) if the information and documents provided are incomplete, out of date or otherwise inaccurate or false;
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− (b) if the prospective account holder, or, if it is a legal person, any of the directors, 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…
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− (c) if the national administrator has reasonable grounds to believe that the accounts may be used for fraud involving allowances or Kyoto units, money laundering, terrorist financing or other serious crimes;
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− (d) for reasons set out in national law.
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− 3. If the national administrator refuses to open an account, the person requesting the account opening may object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requiremen…
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− ### Article 19 — Authorised representatives
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− 1. Each account, with the exception of the verifier account, shall have at least two authorised representatives. A verifier account shall have at least one authorised representative. The authorised representatives shall initiate transactions and other processes on behalf of the account holder.
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− 2. Accounts may have one or more additional authorised representatives. The approval of an additional authorised representative is required in addition to the approval of an authorised representative, in order to initiate a transaction, except for:
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− (a) transfers to an account on the trusted account list in the Union Registry of the account holder;
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− (b) transactions initiated by trading platforms exempted pursuant to Article 14(4); and
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− (c) surrender of allowances, ERUs and CERs pursuant to Chapter VI, Section 3.
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− 2a. In addition to the authorised representatives specified in paragraph 1, accounts may have authorised representatives with view only access to the account.
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− 3. The administrator of the account may allow holders of user accounts to enable their accounts to be accessed through a trading platform. Account holders enabling their account to be accessed through a trading platform shall nominate as authorised representative a person who is already the authoris…
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− 4. If the authorised representative has no access to the internet, he may also request the administrator of the account to initiate transactions on his behalf, provided that the administrator allows such requests and access was not suspended in accordance with Article 27.
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− 5. The Data Exchange and Technical Specifications may set a maximum number of authorised representatives and additional authorised representatives for each account type. A national administrator may set a lower maximum for its account, but the minimum number of authorised representatives must be thr…
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− 6. Authorised representatives and additional 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 addition…
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− ### Article 20 — Nominating and approval of authorised representatives and additional authorised representatives
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− 1. When requesting the opening of an account, the person requesting the account opening shall nominate at least two authorised representatives, and that person may nominate additional authorised representatives if this is permitted by the administrator of the account.
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− 2. When nominating an authorised representative or additional authorised representative, the person requesting the account opening shall provide the information required by the administrator. That information shall include at least the documents and identification information on the nominee set out …
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− 3. Within 20 working days of the receipt of a complete set of information required in accordance with paragraph 2 the national administrator shall approve an authorised representative or additional authorised representative, or inform the person requesting the account opening that it refuses to appr…
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− 3a. The national administrator shall verify whether the information and documents provided for nominating an authorised representative or additional authorised representative are complete, up to date, accurate and true.
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− 3b. A national administrator may refuse to approve an authorised representative or additional authorised representative:
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− (a) if the information and documents provided are incomplete, out of date or otherwise inaccurate or false;
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− (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;
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− (c) for reasons set out in national law.
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− 4. If the national 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 or the relevant authority under national law, who shall either instruct the nati…
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− 5. The authorised representative of the ETS central clearing account shall act as the authorised representative of the Central Administrator. The authorised representative of each national allowance holding account shall act as the authorised representative of the national administrator for the Memb…
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− ### Article 21 — Updating of account information and information on authorised representatives
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− 1. All account holders shall notify the administrator of the account within 10 working days of any changes to the information submitted for the opening of an account, and for the nomination of an authorised representative or additional authorised representative. Aircraft operators shall notify the a…
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− 2. The holder of a person holding account, a trading platform 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 operato…
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− 3. An authorised representative or additional authorised representative may not transfer its status as such to another person.
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− 4. Any account holder may notify the recalling of authorised representatives, provided that there remain at least two authorised representatives. Within 10 working days of the receipt of such a notification, the responsible administrator shall remove the authorised representative.
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− 5. Any account holder may nominate new authorised representatives or additional authorised representatives in accordance with the procedure set out in Article 20.
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− 6. If the administering Member State of an aircraft operator changes in accordance with the procedure set out in Article 18a of Directive 2003/87/EC or due to the enlargement of the European Union the Central Administrator shall update the national administrator of the corresponding aircraft operato…
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− 7. Except for the exception provided for in paragraph 6 above, the Member State responsible for managing an account shall not change.
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− ### Article 21a — Trusted account list
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− 1. From 30 June 2012, operator holding accounts, aircraft operator holding accounts, person holding accounts and trading accounts may have a trusted account list in the Union Registry.
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− 2. Accounts held by the same account holder shall be automatically included on the trusted account list.
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− 3. Changes to the trusted account list shall be initiated and completed through the procedure set out in Article 32a for transactions specified in Chapter VI. The change shall be confirmed by an additional authorised representative, or, if no additional authorised representative has been nominated, …
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− ## *SECTION 3* / ***Closure of accounts***
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− ### Article 22 — Closure of KP Party accounts, management accounts, person holding accounts and trading platform holding accounts
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− Within 10 working days of the receipt of a request from the account holder to close a KP Party account in the Union registry, a management account, a person holding account or a trading platform holding account administered by it, the administrator shall close the account.
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− ### Article 23 — Closure of operator holding accounts
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− 1. The competent authority shall notify the national administrator within 10 working days of a greenhouse gas emissions permit being revoked or surrendered for an installation that is, as a result, not covered by any such permit. The competent authority shall also notify the national administrator w…
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− 2. The national administrator may close operator holding accounts by 30 June of the year after the year in which the permit expired if the relevant installation has surrendered an amount of allowances and Kyoto units at least equal to its verified emissions.
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− ### Article 24 — Closure of aircraft operator holding accounts
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− Aircraft operator holding accounts shall only be closed by the national administrator if it was instructed by the competent authority to do so because the competent authority has discovered that the aircraft operator merged into another aircraft operator or the aircraft operator has permanently ceas…
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− ### Article 25 — Closure of verifier accounts
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− 1. Within 10 working days of the receipt of a request from a verifier to close its account, the national administrator shall close the verifier account.
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− 2. The competent authority may also instruct the national administrator to close a verifier account where one of the following conditions is fulfilled:
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− (a) the verifier's accreditation has expired or was withdrawn;
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− (b) the verifier ceased its operations.
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− ### Article 26 — Positive balance on accounts under closure
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− 1. If there is a positive balance of allowances or Kyoto units on an account which an administrator is to close in accordance with Articles 22 to 25 and 28, the administrator shall first request the account holder to specify another account administered by the same administrator to which such allowa…
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− 2. If there is a positive balance of allowances or Kyoto units on an account to which access was suspended in accordance with Article 27(3), the competent authority may require in its instruction in accordance with Article 28(1) that the allowances are moved immediately to the relevant national allo…
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− ## *SECTION 4* / ***Suspension of access to accounts***
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− ### Article 27 — Suspension of access to accounts
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− 1. An administrator may suspend the access of an authorised representative or an additional authorised representative to any accounts in its registry or to processes to which that authorised representative would otherwise have access if the administrator knows or has reasonable grounds to believe th…
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− (a) attempted to access accounts or processes which he is not authorised to access;
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− (b) repeatedly attempted to access an account or a process using a non-matching username and password; or
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− (c) attempted, or is attempting, to undermine the security of the registry or the registries system.
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− 2. An administrator may suspend the access of all authorised representatives or additional authorised representatives to a specific account where one of the following conditions is fulfilled:
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− (a) the account holder died without a legal successor or ceased to exist as a legal person;
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− (b) the account holder did not pay its fees;
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− (c) the account holder violated the terms and conditions applicable to the account;
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− (d) the account holder did not agree to the changes in the terms and conditions set by the national administrator and the Central Administrator;
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− (e) the account holder did not provide evidence concerning the changes to account information, or evidence concerning new account information requirements;
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− (f) the account holder failed to maintain the required minimum number of authorised representatives for the account;
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− (g) the account holder failed to maintain compliance with the Member State requirement to have an authorised representative with a permanent residence in the Member State of the administrator of the account;
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− (h) the account holder failed to maintain compliance with the Member State requirement that the account holder have a permanent residence or registration in the Member State of the administrator of the account.
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− 2a. An administrator may suspend the access of all authorised representatives or additional authorised representatives to a specific account and the possibility to initiate processes from that account:
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− (a) for a maximum period of two weeks if the administrator has reasonable grounds to believe that the account was used or will be used for fraud, money laundering, terrorist financing or other serious crimes; or
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− (b) on the basis of and in accordance with national law provisions that pursue a legitimate objective.
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− 3. The national administrator may suspend access to a person holding account or a trading platform holding account if it considers that their opening should have been refused in accordance with Article 13(3) or Article 14(3).
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− 4. The administrator of the account shall lift the suspension immediately once the situation giving rise to the suspension is resolved.
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− 5. The account holder may object to the suspension of its access in accordance with paragraphs 1 and 3 with the competent authority or the relevant authority under national law within 30 calendar days, who shall either instruct the national administrator to reinstate access or uphold the suspension …
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− 6. The competent authority, or in the case of accounts in the Union registry, the Central administrator may also instruct the administrator to implement a suspension.
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− 7. When access to a trading platform holding account is suspended, the administrator shall also suspend access enabled for the trading platform to user accounts in accordance with Article 19(3). When access of authorised representatives and additional authorised representatives of a trading platform…
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− 8. Where the holder of an operator holding account or aircraft operator holding account is prevented from surrendering in the 10 working days preceding the surrender deadline laid down in Article 12(2a) and 12(3) of Directive 2003/87/EC due to suspensions in accordance with paragraphs 1 and 2, the n…
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− ### Article 28 — Closure of accounts and removal of authorised representative on the administrator's initiative
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− 1. If the situation giving rise to the suspension of access to accounts pursuant to Article 27 is not resolved within a reasonable period despite repeated notifications, the competent authority may instruct the national administrator to close those person holding accounts or trading platform holding…
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− 2. If a person holding account has a zero balance and no transactions have been recorded during a year, the national administrator may notify the account holder that the person holding account will be closed within 40 working days unless the national administrator receives within that period a reque…
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− 3. The national administrator shall close any operator holding account when the competent authority has instructed the national administrator to close the account because there is no reasonable prospect of further allowances being surrendered by the installation’s operator.
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− 4. The national 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 Article 20(3), and in particular …
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− 5. The account holder may object to the closure of its account in accordance with paragraph 1 or the removal of its authorised representative or additional authorised representative in accordance with paragraph 4 with the competent authority within 30 calendar days, who shall either instruct the nat…
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+ ### Article 32 — Excluded aircraft operator holding accounts
− ### Article 32 — Inactive aircraft operator holding accounts
+ 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…
− 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…
+ 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.
− 4. Where an inactive 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.
+ 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…
− 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 user acc…
+ 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 pe…
− Within 10 working days of the completion of the clearing transactions set out in Article 56, the Union registry shall delete Chapter III allowances and Chapter II allowances valid for the 2008-2012 period held in user accounts in the Union registry and issue an equal amount of Chapter III allowances…
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− ## *SECTION I* / ***Availability***
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− ### Article 59 — Availability and reliability of the Union registry and the EUTL
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− 1. The EUTL shall respond to any message from any registry within 24 hours of its receipt.
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− 2. The Central Administrator shall take all reasonable steps to ensure that:
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− (a) the Union registry is available for access by account holders 24 hours a day, 7 days a week;
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− (b) the communication links referred to in Article 5(1) and (2) between the Union registry and the EUTL are maintained 24 hours a day, 7 days a week;
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− (c) backup hardware and software necessary in the event of a breakdown in operations of the primary hardware and software is provided for;
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− (d) the Union registry and the EUTL respond promptly to requests made by account holders.
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− 3. The Central Administrator shall ensure that the Union registry and EUTL incorporate robust systems and procedures for the safeguarding of all data and the prompt recovery of all data and operations in the event of a disaster.
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− 4. The Central Administrator shall keep interruptions to the operation of the Union registry and EUTL to a minimum.
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− ### Article 60 — Helpdesks
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− 1. National administrators shall provide assistance and support to holders of accounts in the Union registry that are administered by them through national helpdesks.
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− 2. The Central Administrator shall provide support to national administrators through a Central Helpdesk for the purposes of helping them to provide assistance in accordance with paragraph 1.
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− ## *SECTION 2* / ***Security, and authentication***
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− ### Article 61 — Authentication of registries and the EUTL
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− 1. The identity of the Union registry shall be authenticated towards the EUTL with digital certificates and usernames and passwords as indicated in the Data Exchange and Technical Specifications provided for in Article 71.
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− 2. The Member States and the Union shall use the digital certificates issued by the Secretariat to the UNFCCC, or an entity designated by it, to authenticate their registries to the ITL for the purposes of establishing the communication link referred to in Article 5.
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− ### Article 62 — Accessing accounts in the Union registry
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− 1. Account holders shall be able to access their accounts in the Union registry through the secure area of the Union registry. The Central administrator shall ensure that the secure area of the Union registry website is accessible through the Internet. The website of the Union registry shall be avai…
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− 2. The Central administrator shall ensure that accounts in the Union registry where access through trading platforms in accordance with Article 19(3) is enabled and one authorised representative is also the authorised representative of a trading platform holding account are accessible to the trading…
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− 3. Communications between authorised representatives or trading platforms and the secure area of Union registry shall be encrypted in accordance with the security requirements set out in the Data Exchange and Technical Specifications provided for in Article 71.
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− 4. The Central administrator shall take all necessary steps to ensure that unauthorised access to the secure area of the Union registry website does not occur.
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− 5. If the security of the credentials of an authorised representative or additional authorised representative has been compromised, the authorised representative or additional authorised representative shall immediately inform the administrator of the account thereof and request a replacement.
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− ### Article 63 — Authentication and authorisation of authorised representatives in the Union registry
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− 1. The Union registry shall issue each authorised representative and additional authorised representative with a username and password to authenticate them for the purposes of accessing the registry.
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− 2. An authorised representative or additional authorised representative shall only have access to the accounts within the Union registry which he is authorised to access and shall only be able to request the initiation of processes which he is authorised to request pursuant to Article 19. That acces…
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− 3. In addition to the username and password referred to in paragraph 1, national administrators shall provide secondary authentication to all accounts administered by them. The types of secondary authentication mechanisms that can be used to access the Union registry shall be set out in the Data Exc…
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− 4. The administrator of an account may assume that a user who was successfully authenticated by the Union registry is the authorised representative or additional authorised representative registered under the provided authentication credentials, unless the authorised representative or additional aut…
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− 4a. The authorised representative shall take all necessary measures to prevent the loss, theft or compromise of its credentials. The authorised representative shall immediately report to the national administrator the loss, theft or compromise of its credentials.
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− ### Article 64 — Suspension of all access due to a security breach or a security risk
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− 1. The Commission may instruct the central administrator to suspend access to the Union Registry or the EUTL or any parts thereof where it has a reasonable suspicion that there is a breach of security of the Union Registry or the EUTL or that there exists a serious security risk to the Union Registr…
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− 2. In the event of a breach of security or a security risk that may lead to suspension of access, an administrator who becomes aware of the breach or risk shall promptly inform the central administrator of any risks posed to other parts of the registries system. The central administrator shall then …
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− 3. If an administrator becomes aware of a situation that requires the suspension of all access to its system, it shall inform the central administrator and account holders with such prior notice of the suspension as is practicable. The central administrator will then inform all other administrators …
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− 4. The notice referred to in paragraph 3 shall include the likely duration of the suspension and shall be clearly displayed on the public area of the EUTL’s website.
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− ### Article 64a — Suspension of access to allowances or Kyoto units in case of a suspected fraudulent transaction
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− 1. An administrator or an administrator acting on request of the competent authority may suspend access to allowances or Kyoto units in the registry it administers:
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− (a) for a maximum period of two weeks if it suspects that the allowances or Kyoto units have been the subject of a transaction constituting fraud, money laundering, terrorist financing or other serious crime; or
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− (b) on the basis of and in accordance with national law provisions that pursue a legitimate objective.
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− 2. The Commission may instruct the central administrator to suspend access to allowances or Kyoto units in the Union Registry or the EUTL for a maximum period of two weeks if it suspects that the allowances or Kyoto units have been the subject of a transaction constituting fraud, money laundering, t…
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− 3. The administrator or the Commission shall immediately inform the competent law enforcement authority of the suspension.
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− 4. A national law enforcement authority of the Member State of the administrator may also instruct the administrator to implement a suspension on the basis of and in accordance with national law.
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− ### Article 65 — Suspension of processes
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− 1. The Commission may instruct the Central Administrator to temporarily suspend the acceptance by the EUTL of some or all processes originating from a KP registry, if that registry is not operated and maintained in accordance with the provisions of this Regulation and shall immediately notify the ad…
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− 2. The Commission may instruct the Central Administrator to temporarily suspend the acceptance by the EUTL of some or all processes originating from the Union registry, if it is not operated and maintained in accordance with the provisions of this Regulation and shall immediately notify national adm…
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− 3. The administrator of a KP registry may request the Central Administrator to temporarily suspend the transmission of all or some of the processes to its KP registry for the purposes of carrying out maintenance on its KP registry.
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− 4. The Central administrator may temporarily suspend the initiation or acceptance of some or all processes in the Union registry for the purposes of carrying out scheduled maintenance on the Union registry.
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− 5. A KP registry administrator may request the central administrator to reinstate processes suspended in accordance with paragraph 1 if it estimates that the outstanding issues that caused the suspension have been resolved. The Central administrator shall inform the registry administrator of its dec…
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− ## *SECTION 3* / ***Automated checking, recording and completing of processes***
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− ### Article 66 — Automated checking of processes
− 1. All processes must conform to the general IT-requirements of electronic messaging that ensure the successful reading, checking and recording of a process by the Union registry. All processes must conform to the specific process-related requirements set out in Chapters IV to VI of this Regulation.
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− 2. The EUTL shall conduct automated checks for all processes to identify irregularities, hereinafter referred to as ‘discrepancies’, whereby the proposed process does not conform to the requirements of Directive 2003/87/EC and of this Regulation.
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− ### Article 67 — Detection of discrepancies
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− 1. In case of processes completed through the direct communication link between the Union registry and the EUTL referred to in Article 5(2), the EUTL shall terminate any processes where it identifies discrepancies upon conducting the automated checks referred to in Article 66(2), and shall inform th…
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− 2. In case of transactions completed through the ITL referred to in Article 5(1), the ITL shall terminate any processes where discrepancies are identified either by the ITL or the EUTL upon conducting the automated checks referred to in Article 66(2). Following a termination by the ITL, the EUTL sha…
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− ### Article 68 — Detection of discrepancies by the registries
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− 1. The Union registry and every other KP registry shall contain check input codes and check response codes to ensure the correct interpretation of information exchanged during each process. The check codes shall correspond to those contained in the Data Exchange and Technical Specifications provided…
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− 2. Prior to and during the execution of all processes the Union registry shall conduct appropriate automated checks to ensure that discrepancies are detected and incorrect processes are terminated in advance of automated checks being conducted by the EUTL.
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− ### Article 69 — Reconciliation — Detection of inconsistencies by the EUTL
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− 1. The EUTL shall periodically initiate data reconciliation to ensure that the EUTL's records of accounts, holdings of Kyoto units and allowances match the records of these holdings in the Union registry. For that purpose the EUTL shall record all processes.
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− 2. The ITL periodically initiates data reconciliation to ensure that the ITL's records of the holdings of Kyoto units match the records of these holdings in the Union registry and every other KP registry.
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− 3. If during the data reconciliation process referred to in paragraph 1, an irregularity, hereinafter referred to as ‘inconsistency’, is identified by EUTL, whereby the information regarding accounts, holdings of Kyoto units and allowances provided by the Union registry as part of the periodic recon…
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− ### Article 70 — Finalisation of processes
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− 1. All transactions communicated to the ITL in accordance with Article 5(1) shall be final when the ITL notifies to the EUTL that it has completed the process.
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− 2. All transactions and other processes communicated to the EUTL in accordance with Article 5(3) shall be final when the EUTL notifies to the Union registry that it has completed the processes.
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− 3. The data reconciliation process referred to in Article 69(1) shall be final when all inconsistencies between the information contained in the Union registry and the information contained in the EUTL for a specific time and date have been resolved, and the data reconciliation process has been succ…
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− ## *SECTION 4* / ***Specifications and change management***
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− ### Article 71 — Data exchange and technical specifications
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− 1. The Commission shall make available to administrators data exchange and technical specifications necessary for exchanging data between registries and transaction logs, including the identification codes, automated checks and response codes, as well as the testing procedures and security requireme…
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− 2. The data exchange and technical specifications shall be drawn up in consultation with the Administrators’ Working Group of the Climate Change Committee and shall be consistent with the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protoco…
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− ### Article 72 — Change management
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− If a new version or release of a KP registry, including the Union registry is required, that registry shall complete the testing procedures set out in the Data Exchange and Technical Specifications provided for in Article 71 before a communication link is established and activated between the new ve…
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− ## CHAPTER VIII / **RECORDS, REPORTS, CONFIDENTIALITY AND FEES**
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− ### Article 73 — Records
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− 1. The Union registry and every other KP registry shall store records concerning all processes and account holders for 15 years or until any questions of implementation relating to them have been resolved, whichever is later.
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− 2. National administrators shall be able to access, query and export all records held in the Union registry in relation to accounts that are administered by them.
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− 3. Records shall be stored in accordance with the data logging requirements described in the Data Exchange and Technical Specifications provided for in Article 71.
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− ### Article 74 — Reporting
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− 1. The Central Administrator shall make available the information listed in Annex XIII at the frequencies and to the recipients set out in Annex XIII in a transparent and organised manner via the EUTL website. The Central Administrator shall not release additional information held in the EUTL or in …
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− 2. National administrators may also make available the part of the information listed in Annex XIII that they have access to in accordance with Article 73 at the frequencies and to the recipients set out in Annex XIII in a transparent and organised manner on a site publicly accessible via the Intern…
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− 3. The EUTL website shall allow recipients of the reports listed in Annex XIII to query those reports using search facilities.
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− 4. KP registry administrators shall comply with the requirement to publish the information relating to the issuance of ERUs specified in paragraph 46 of the Annex to Decision 13/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol within a week after the…
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− 5. The Union registry and each KP registry shall comply with the requirement to publish the information specified in points (a), (d), (f) and l of paragraph 47 of the Annex to Decision 13/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol on 1 January …
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− 6. The Union registry and each KP registry shall comply with the requirement to publish the information specified in points (b), (c), (e), and from (g) to (k) of paragraph 47 of the Annex to Decision 13/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protoco…
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− ### Article 75 — Confidentiality
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