What changed, Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC

+ **1.** A European Union Transaction Log (EUTL), to take the form of a standardised electronic database, is established, pursuant to Article 20 of Directive 2003/87/EC, for transactions within the scope of this Regulation. ►M2 The EUTL shall be part of the Union Registry.** ◄ **
− **1.** A European Union Transaction Log (EUTL), to take the form of a standardised electronic database, is established, pursuant to Article 20 of Directive 2003/87/EC, for transactions within the scope of this Regulation.
+ **2.** The central administrator shall operate and maintain the ►M2 standardised electronic database** ◄ ** in accordance with the provisions of this Regulation.
− **2.** The central administrator shall operate and maintain the EUTL in accordance with the provisions of this Regulation.
+ **3.** The central administrator shall ensure that the ►M2 standardised electronic database** ◄ ** is capable of checking and recording all processes referred to under this Regulation, and complies with the hardware, network and software requirements set out in the data exchange and technical specif…
− **3.** The central administrator shall ensure that the EUTL is capable of checking and recording all processes referred to under this Regulation, and complies with the hardware, network and software requirements set out in the data exchange and technical specifications provided for in Article 75 of …
+ **4.** The central administrator shall ensure that the ►M2 standardised electronic database** ◄ ** is capable of recording all processes described in Chapter 3 of Title I and in Titles II and III.
− **4.** The central administrator shall ensure that the EUTL is capable of recording all processes described in Chapter 3 of Title I and in Titles II and III.
+ ### Article 6 — Communication links between registries ►M2 ————— ◄
− ### Article 6 — Communication links between registries and the EUTL
+ **2.** The central administrator shall ensure that the Union Registry checks and records transactions with allowances and the account management processes set out in Title I, Chapter 3. All transactions involving allowances units shall take place within the Union Registry, and shall be recorded and …
− **2.** The central administrator shall ensure that the Union Registry maintains a direct communication link with the EUTL for the purposes of checking and recording transactions with allowances and the account management processes set out in Chapter 3 of Title I. All transactions involving allowance…
+ **4.** The Commission shall coordinate the implementation of this Regulation with the national administrators of each Member State and the central administrator. In particular, the Commission shall pursue all appropriate consultations in accordance with the Treaties on issues and procedures related …
− **4.** The Commission shall coordinate the implementation of this Regulation with the national administrators of each Member State and the central administrator. In particular, the Commission shall pursue all appropriate consultations in accordance with the Treaties on issues and procedures related …
+ **1.** Accounts in the Union Registry shall have a trusted account list.
− **1.** Accounts in the Union Registry may have a trusted account list.
+ **3a.** The central administrator may set a threshold above which transactions can only be performed to accounts that appear in the trusted account list.
+ 
+ **3b.** Account representatives may set thresholds for transactions for their own accounts. Such limits have to be approved by a second account representative or a national administrator.
+ 
+ **1.** An administrator may suspend the access of an authorised representative to any account or verifier in the registry or to processes to which that authorised representative would otherwise have access if the administrator has reasonable grounds to believe that the authorised representative has:…
− **1.** An administrator may suspend the access of an authorised representative to any account or verifier in the registry or to processes to which that authorised representative would otherwise have access if the administrator has reasonable grounds to believe that the authorised representative has:…
+ ### Article 52 — Entry of auction tables into the ►M2 Union Registry ◄
− ### Article 52 — Entry of auction tables into the EUTL
+ **2.** The Commission shall instruct the central administrator to enter the auction table into the ►M2 Union Registry** ◄ ** if it considers that the auction table is in conformity with Regulation (EU) No 1031/2010. It shall otherwise reject the auction table within a reasonable period and inform th…
− **2.** The Commission shall instruct the central administrator to enter the auction table into the EUTL if it considers that the auction table is in conformity with Regulation (EU) No 1031/2010. It shall otherwise reject the auction table within a reasonable period and inform the settlement system o…
+ **3.** Each auction table or revised auction table which is subsequently entered into the ►M2 Union Registry** ◄ ** pursuant to paragraph 2 of this Article shall constitute a transfer order, as defined in Article 2(i) of Directive 98/26/EC of the European Parliament and of the Council.
− **3.** Each auction table or revised auction table which is subsequently entered into the EUTL pursuant to paragraph 2 of this Article shall constitute a transfer order, as defined in Article 2(i) of Directive 98/26/EC of the European Parliament and of the Council.
+ **2.** The Commission shall instruct the central administrator to enter the revised auction table into the ►M2 Union Registry** ◄ ** if it considers that the revised auction table is in conformity with Regulation (EU) No 1031/2010. It shall otherwise reject the changes within a reasonable period and…
− **2.** The Commission shall instruct the central administrator to enter the revised auction table into the EUTL if it considers that the revised auction table is in conformity with Regulation (EU) No 1031/2010. It shall otherwise reject the changes within a reasonable period and inform the said sett…
+ **5.** Upon initiation of a transfer, the authorised representative shall indicate whether the transfer has been executed between account holders that belong to the same group.
+ 
+ ### Article 60 — Availability and reliability of the Union Registry ►M2 ————— ◄
− ### Article 60 — Availability and reliability of the Union Registry and the EUTL
+ **1.** The central administrator shall take all reasonable steps to ensure that:(a) the Union Registry is available for access by account representatives and national administrators 24 hours a day, 7 days a week;(b) the communication links referred to in Article 6 ►M2 —————** ◄ ** are maintained 24 …
− **1.** The central administrator shall take all reasonable steps to ensure that:(a) the Union Registry is available for access by account representatives and national administrators 24 hours a day, 7 days a week;(b) the communication links referred to in Article 6 between the Union Registry and the …
+ **2.** The central administrator shall ensure that the Union Registry incorporates robust systems and procedures to safeguard all relevant data and facilitate the prompt recovery of data and operations in the event of failure or disaster.
− **2.** The central administrator shall ensure that the Union Registry and EUTL incorporate robust systems and procedures to safeguard all relevant data and facilitate the prompt recovery of data and operations in the event of failure or disaster.
+ **3.** The central administrator shall keep interruptions to the operation of the Union Registry ►M2 —————** ◄ ** to a minimum.
− **3.** The central administrator shall keep interruptions to the operation of the Union Registry and EUTL to a minimum.
+ The identity of the Union Registry shall be authenticated ►M2 —————** ◄ ** having regard to the data exchange and technical specifications provided for in Article 75.
− The identity of the Union Registry shall be authenticated by the EUTL having regard to the data exchange and technical specifications provided for in Article 75.
+ **1.** The central administrator may temporarily suspend access to the Union Registry ►M2 —————** ◄ ** or any part thereof where it has a reasonable suspicion that there is a breach of security or a serious risk affecting the security of the Union Registry ►M2 —————** ◄ ** within the meaning of Comm…
− **1.** The central administrator may temporarily suspend access to the Union Registry or the EUTL or any part thereof where it has a reasonable suspicion that there is a breach of security or a serious risk affecting the security of the Union Registry or of the EUTL within the meaning of Commission …
+ **2.** The Commission may instruct the central administrator to suspend access to allowances in the Union Registry ►M2 —————** ◄ ** for a maximum period of four weeks if it suspects that the allowances have been the subject of a transaction constituting fraud, money laundering, terrorist financing, …
− **2.** The Commission may instruct the central administrator to suspend access to allowances in the Union Registry or the EUTL for a maximum period of four weeks if it suspects that the allowances have been the subject of a transaction constituting fraud, money laundering, terrorist financing, corru…
+ **1.** The Commission may instruct the central administrator to temporarily suspend the acceptance ►M2 —————** ◄ ** 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. It shall immediately notify nati…
− **1.** 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. It shall immediately notify national …
+ **4.** The Commission may, including at the request of a Member State which has notified the European Council of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union, instruct the central administrator to temporarily suspend the acceptance by the ►M2 Union …
− **4.** The Commission may, including at the request of a Member State which has notified the European Council of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union, instruct the central administrator to temporarily suspend the acceptance by the EUTL of re…
+ **2.** The central administrator shall ensure that the ►M2 Union Registry** ◄ ** conducts automated checks having regard to the data exchange and technical specifications provided for in Article 75 of this Regulation for all processes to identify irregularities and discrepancies, where a proposed pr…
− **2.** The central administrator shall ensure that the EUTL conducts automated checks having regard to the data exchange and technical specifications provided for in Article 75 of this Regulation for all processes to identify irregularities and discrepancies, where a proposed process does not confor…
+ In the case of processes completed through the direct communication link referred to in Article 6(2), the central administrator shall ensure that the Union Registry terminates any processes where it identifies discrepancies upon conducting the automated checks referred to in Article 72(2), and infor…
− In the case of processes completed through the direct communication link between the Union Registry and the EUTL referred to in Article 6(2), the central administrator shall ensure that the EUTL terminates any processes where it identifies discrepancies upon conducting the automated checks referred …
+ **2.** The central administrator shall ensure that, prior to and during the execution of all processes, the Union Registry conducts appropriate automated checks to ensure that discrepancies are detected and incorrect processes are terminated in advance of automated checks being conducted by the ►M2 …
− **2.** The central administrator shall ensure that, prior to and during the execution of all processes, the Union Registry conducts appropriate automated checks to ensure that discrepancies are detected and incorrect processes are terminated in advance of automated checks being conducted by the EUTL…
+ ### Article 73 — Reconciliation – detection of inconsistencies by the Union Registry
− ### Article 73 — Reconciliation — detection of inconsistencies by the EUTL
+ **1.** The central administrator shall ensure that the Union Registry periodically initiates data reconciliation to ensure that the records of accounts and holdings of allowances match the executed transactions in the Union Registry. The central administrator shall ensure that the Union Registry rec…
− **1.** The central administrator shall ensure that the EUTL periodically initiates data reconciliation to ensure that the EUTL's records of accounts and holdings of allowances match the records of these holdings in the Union Registry. The central administrator shall ensure that the EUTL records all …
+ **2.** If during the data reconciliation process referred to in paragraph 1 an inconsistency is identified regarding accounts or holdings of allowances as part of the periodic reconciliation process, the central administrator shall ensure that the Union Registry prevents any further processes to be …
− **2.** If during the data reconciliation process referred to in paragraph 1, an inconsistency is identified by the EUTL, whereby the information regarding accounts, holdings of allowances provided by the Union Registry as part of the periodic reconciliation process differs from the information conta…
+ **1.** All transactions and other processes communicated to the Union Registry in accordance with Article 6(2) shall be final when all automated checks are executed. The central administrator shall ensure that the Union Registry automatically aborts the completion of a transaction or process if that…
− **1.** All transactions and other processes communicated to the EUTL in accordance with Article 6(2) shall be final when the EUTL notifies the Union Registry that it has completed the processes. The central administrator shall ensure that the EUTL automatically aborts the completion of a transaction…
+ **2.** The data reconciliation process referred to in Article 73 shall be final when all inconsistencies for a specific time and date for specific accounts or holdings of allowances have been resolved, and the data reconciliation process has been successfully re-initiated and completed.
− **2.** The data reconciliation process referred to in Article 73(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 …
+ If a new version or release of the Union Registry software is required, the central administrator shall ensure that the testing procedures set out in the data exchange and technical specifications provided for in Article 75 are completed ►M2 —————** ◄ **.
− If a new version or release of the Union Registry software is required, the central administrator shall ensure that the testing procedures set out in the data exchange and technical specifications provided for in Article 75 are completed before a communication link is established and activated betwe…
+ **1.** In relation to the processing of personal data in the Union Registry ►M2 —————** ◄ **, the national administrators shall be regarded as controllers within the meaning of Article 4(7) of Regulation (EU) 2016/679. In relation to its responsibilities under this Regulation and the processing of p…
− **1.** In relation to the processing of personal data in the Union Registry and the EUTL, the national administrators shall be regarded as controllers within the meaning of Article 4(7) of Regulation (EU) 2016/679. In relation to its responsibilities under this Regulation and the processing of perso…
+ **5.** The central administrator and Member States shall ensure that the Union Registry ►M2 —————** ◄ ** only store and process the information concerning the accounts, account holders and account representatives as set out in Table III-I of Annex III, Tables VI-I and VI-II of Annex VI, Table VII-I …
− **5.** The central administrator and Member States shall ensure that the Union Registry and the EUTL only store and process the information concerning the accounts, account holders and account representatives as set out in Table III-I of Annex III, Tables VI-I and VI-II of Annex VI, Table VII-I of A…
+ **6.** National administrators shall ensure that information required by this Regulation but not stored in the Union Registry ►M2 —————** ◄ ** are processed in accordance with the relevant provisions of Union and national law.
− **6.** National administrators shall ensure that information required by this Regulation but not stored in the Union Registry or the EUTL are processed in accordance with the relevant provisions of Union and national law.
+ **7.** No special categories of data as defined in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725 shall be recorded in the Union Registry ►M2 —————** ◄ **.
− **7.** No special categories of data as defined in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725 shall be recorded in the Union Registry or the EUTL.
+ **1.** The central administrator shall make available the information referred to in Annex XIII to the recipients set out in Annex XIII in a transparent and organised manner. The central administrator shall take all reasonable steps to make available the information referred to in Annex XIII at the …
− **1.** The central administrator shall make available the information referred to in Annex XIII to the recipients set out in Annex XIII in a transparent and organised manner. The central administrator shall take all reasonable steps to make available the information referred to in Annex XIII at the …
+ **1.** All information, including the holdings of all accounts, all transactions made, the unique unit identification code of the allowances held or affected by a transaction, held in ►M2 —————** ◄ ** the Union Registry shall be considered confidential except as otherwise required by Union law, or b…
− **1.** All information, including the holdings of all accounts, all transactions made, the unique unit identification code of the allowances held or affected by a transaction, held in the EUTL and the Union Registry shall be considered confidential except as otherwise required by Union law, or by pr…
+ **3.** The central administrator or national administrator may provide data stored in the Union Registry ►M2 —————** ◄ ** or gathered pursuant to this Regulation to the following entities:▼M2(a) the police or another law enforcement or judicial authority, tax authorities of a Member State and the Eu…
− **3.** The central administrator or national administrator may provide data stored in the Union Registry and the EUTL or gathered pursuant to this Regulation to the following entities:(a) the police or another law enforcement or judicial authority and tax authorities of a Member State;(b) the Europe…
+ **4.** Data may be provided to the entities referred to in paragraph 3 upon their request to the central administrator or to a national administrator if such requests are justified and necessary for the purposes of investigation, detection, prosecution, tax administration or enforcement, auditing an…
− **4.** Data may be provided to the entities referred to in paragraph 3 upon their request to the central administrator or to a national administrator if such requests are justified and necessary for the purposes of investigation, detection, prosecution, tax administration or enforcement, auditing an…
+ **6.** The entities that have received data under the conditions described above shall share with the central administrator, if they deem necessary, their general conclusions on the legal or technical implications of the transactions with allowances, including general findings to improve the underst…
− **6.** Upon their request, the central administrator may provide access to transaction data which do not allow the direct identification of specific persons to the entities referred to in paragraph 3 for the purpose of looking for suspicious transaction patterns. Entities with such access may notify…
+ **7.** Europol shall obtain permanent read-only access to data stored in the Union Registry ►M2 —————** ◄ **for the purposes of Article 18 of Regulation (EU) 2016/794 of the European Parliament and of the Council (8). Europol shall keep the Commission informed of the use it makes of the data.
− **7.** Europol shall obtain permanent read-only access to data stored in the Union Registry and the EUTL for the purposes of Article 18 of Regulation (EU) 2016/794 of the European Parliament and of the Council (8). Europol shall keep the Commission informed of the use it makes of the data.
+ **10.** ►M2 —————** ◄ ** The Union Registry shall not require account holders to submit price information concerning allowances.
− **10.** The EUTL and the Union Registry shall not require account holders to submit price information concerning allowances.
+ The central administrator shall ensure that interruptions to the operation of the Union Registry are kept to a minimum by taking all reasonable steps to ensure the availability and security of the Union Registry ►M2 —————** ◄ ** within the meaning of Decision (EU, Euratom) 2017/46 and by providing f…
− The central administrator shall ensure that interruptions to the operation of the Union Registry are kept to a minimum by taking all reasonable steps to ensure the availability and security of the Union Registry and of the EUTL within the meaning of Decision (EU, Euratom) 2017/46 and by providing fo…