What changed, Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/…

+ ### Article 73b — Issuance and Deposit of AAUs
+ 
+ **1.** Prior to the retirement transaction in accordance with Article 11(3) of Regulation (EU) No 525/2013 of the European Parliament and of the Council (7), the central administrator shall:(a) issue a number of AAUs equal to the Union assigned amount determined in accordance with Council Decision (…
+ 
+ **2.** At the latest 3 months after the closure of the ESD Compliance Account for 2020 pursuant to Article 31, each national administrator shall:(a) issue a number of AAUs equal to its respective Member State assigned amount determined pursuant to the Ratification Decision in a Party holding Account…
+ 
+ **3.** Before the completion of the clearing processes pursuant to Article 73f, the central administrator shall ensure that the EUTL prevents all transactions of AAUs from the ETS AAU Deposit Account or from the ESD AAU Deposit Accounts, with the exception of:(a) the cancellation or the transfer of …
+ 
+ ### Article 73c — Transfer and use of units
+ 
+ **1.** The central administrator shall ensure that the EUTL prevents transactions involving CERs, ERUs, tCERs and lCERs which have been used in accordance with Article 81 with the exception of:(a) the transfer of units from the ESD Compliance Account in the Union Registry to the relevant MS KP regis…
+ 
+ **2.** Upon completion of the carry-over of units from the first to the second commitment period in accordance with Article 10(1) of Regulation (EU) No 525/2013, the central administrator shall ensure that the EUTL prevents the use of CERs, ERUs, tCERs or lCERs pursuant to Article 81 of this Regulat…
+ 
+ ### Article 73d — Cancellation of units
+ 
+ **1.** After the completion of the carry-over of units from the first to the second commitment period in accordance with Article 10(1) of Regulation (EU) No 525/2013, the central administrator shall cancel all CERs and ERUs remaining in the Aviation Surrender Set Aside Account.
+ 
+ **2.** After the completion of the carry-over of units from the first to the second commitment period in accordance with Article 10(1) of Regulation (EU) No 525/2013, the central administrator shall request national administrators to cancel CERs and ERUs valid for the first commitment period of the …
+ 
+ ### Article 73e — Retirement of units
+ 
+ To the extent that emissions covered by Directive 2003/87/EC exceed the Union assigned amount determined in accordance with the Ratification Decision, the central administrator shall retire AAUs from the EU PPSR Account.
+ 
+ ### Article 73f — Carry-over in the Union Registry
+ 
+ The central administrator shall carry-over all AAUs from the ETS Central Clearing Account and the AAUs transferred pursuant to Article 73a(4) of this Regulation to the EU PPSR Account established pursuant to Article 10(1) of Regulation (EU) No 525/2013.
+ 
+ ### Article 73g — Clearing Processes
+ 
+ **1.** Within 6 months of the closure of the ESD Compliance Account for 2020 in accordance with Article 31, the central administrator shall calculate a clearing value for each Member State by subtracting net transfers of AEAs from net acquisitions of AEAs between Member States over the period 2013-2…
+ 
+ **2.** Where a Member State has a negative clearing value pursuant to paragraph 1, the relevant national administrator shall transfer a number of AAUs equal to the clearing value from their ESD AAU Deposit Account to the ESD Central Clearing Account.
+ 
+ **3.** Where a Member State has a positive clearing value pursuant to paragraph 1 and after the completion of all transfers pursuant to paragraph 2, the central administrator shall transfer a number of AAUs equal to the clearing value to a Party holding Account of the relevant Member State.
+ 
+ **4.** Before performing the transfer referred to in paragraph 2 of this Article, the relevant national administrator shall first transfer a number of AAUs required to satisfy the share of proceeds applied to first international transfers of AAUs in accordance with Article 10(1) of Regulation (EU) N…
+ 
+ ### Article 73h — Clearing process for countries not parties to a joint fulfilment agreement
+ 
+ **1.** Within 6 months after the closure of the trading period 2013-2020, the central administrator shall calculate the clearing value for countries not parties to a joint fulfilment agreement by subtracting the amount equal to the allowances in the EU ETS resulting from the inclusion of that countr…
+ 
+ **2.** The central administrator shall notify the national administrators about the result of the calculation pursuant to paragraph 1.
+ 
+ **3.** Within 5 working days of the notification set out in paragraph 2, the Central Administrator shall transfer an amount of AAUs equal to the clearing value calculated pursuant to paragraph 1 from the ETS Central Clearing Account in the Union Registry to a KP party holding account in the KP regis…
+ 
+ **4.** Within 5 working days of the notification set out in paragraph 2, each KP registry administrator whose country has a negative clearing value shall transfer an amount of AAUs to that is equal to the positive equivalent of the clearing value calculated pursuant to paragraph 1 to the ETS Central…
+ 
+ **5.** Before performing the transfer referred to in paragraphs 3 and 4 of this Article, the relevant national administrator or the central administrator shall first transfer a number of AAUs required to satisfy the share of proceeds applied to first international transfers of AAUs in accordance wit…
+ 
+ **6.** Within 6 months after the closure of the trading period 2013-2020, the central administrator shall calculate the clearing value for countries not parties to a joint fulfilment agreement by subtracting the amount equal to the verified emissions by aircraft operators that are included in the na…
+ 
+ **7.** The central administrator shall notify the national administrators about the result of the calculation pursuant to paragraph 6.
+ 
+ **8.** Within 5 working days of the notification pursuant to paragraph 7, each KP registry administrator whose country has a positive clearing value shall transfer an amount of AAUs equal to the clearing value calculated pursuant to paragraph 6 to the ETS Central Clearing Account in the Union Regist…
+ 
+ **9.** Within 5 working days of the notification pursuant to paragraph 7, the Central Administrator shall transfer an amount of AAUs equal to the positive equivalent of the clearing value calculated pursuant to paragraph 6 from the ETS Central Clearing Account in the Union Registry to a KP party hol…
+ 
+ **10.** Before performing the transfer referred to in paragraphs 8 and 9 of this Article, the relevant national administrator or the central administrator shall first transfer a number of AAUs required to satisfy the share of proceeds applied to first international transfers of AAUs in accordance wi…
+ 
+ **2.** The central administrator or national administrator may provide data stored in the Union Registry and the EUTL to the following entities:(a) the law enforcement and tax authorities of a Member State;(b) the European Anti-fraud Office of the European Commission;(c) the European Court of Audito…
− **2.** The central administrator or national administrator may provide data stored in the Union Registry and the EUTL to the following entities:(a) the law enforcement and tax authorities of a Member State;(b) the European Anti-fraud Office of the European Commission;(c) the European Court of Audito…
+ **6.** Europol shall obtain permanent read-only access to data stored in the Union Registry and the EUTL for the purpose of the performance of its tasks in accordance with Council Decision 2009/371/JHA (11). Europol shall keep the Commission informed of the use it makes of the data.
− **6.** Europol shall obtain permanent read-only access to data stored in the Union Registry and the EUTL for the purpose of the performance of its tasks in accordance with Council Decision 2009/371/JHA (8). Europol shall keep the Commission informed of the use it makes of the data.
+ | ▼M1 |  |  |  |  |  |  |  |  |  |  |  |
+ | EU AAU Account | EU | Central administrator | 1 | No | No | No | **Yes** | No | No | No | No |
+ | ESD AAU Deposit Account | Member State | KP registry administrator | 1 per registry | No | No | No | **Yes** | No | No | No | No |
+ | Aviation Surender Set Aside Account | EU | Central administrator | 1 | No | No | No | **Yes** | **Yes** | **Yes** | No | No |
+ | PPSR Account | Party to the Kyoto Protocol | KP registry administrator (in the Union Registry: the central administrator) | 1 per registry | No | No | No | **Yes** | No | No | No | No |
+ | ESD Central Clearing Account | EU | Central administrator | 1 | No | No | No | **Yes** | No | No | No | No |
+ | ▼B |  |  |  |  |  |  |  |  |  |  |  |
+ (7) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165…
+ 
+ (8) Council Decision (EU) 2015/1339 of 13 July 2015 on the conclusion, on behalf of the European Union, of the Doha Amendment to the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 207, 4.8.2015, p. 1).
+ 
+ (9) Commission Decision 2010/634/EU of 22 October 2010 adjusting the Union-wide quantity of allowances to be issued under the Union Scheme for 2013 and repealing Decision 2010/384/EU (OJ L 279, 23.10.2010, p. 34).
+ 
+ (10) OJ L 96, 12.4.2003, p. 16.
− (7) OJ L 96, 12.4.2003, p. 16.
+ (11) OJ L 121, 15.5.2009, p. 37.
− (8) OJ L 121, 15.5.2009, p. 37.