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

2023-09-10 → 2023-12-30 · no interpretation, just the text delta

on 2023-09-10eu-eurlex:32019r1122:2023-09-10 (2023-09-10 → 2023-12-29) · official source ↗
on 2023-12-30eu-eurlex:32019r1122:2023-12-30 (2023-12-30 → 2024-12-31) · official source ↗

Open the structured article comparison → matched by provision anchor, with changed, added, removed and unchanged articles separated

943 line(s) in the old middle, 1,045 in the new; 25 unchanged leading and 81 trailing lines trimmed.

+ (6) ‘verifier’ means: (a) in the case of stationary installations, aircraft operators and regulated entities, verifier as defined in Article 3, point (3), of Commission Implementing Regulation (EU) 2018/2067 (2); (b) in the case of maritime transport, verifier as defined in Article 3, point (f), of …
− (6) ‘verifier’ means a verifier as defined in Article 3(3) of Commission Implementing Regulation (EU) 2018/2067 (2);
+ (7) ‘aviation allowances’ means allowances created pursuant to Articles 3c and 3d of Directive 2003/87/EC that were issued before 1 January 2025 and allowances, created for the same purpose, stemming from emission trading systems that are linked to the EU ETS under Article 25 of that Directive;
− (7) ‘aviation allowances’ means allowances created pursuant to Article 3c(2) of Directive 2003/87/EC, including allowances, created for the same purpose, stemming from emission trading systems that are linked to the EU ETS under Article 25 of that Directive;
+ (8) ‘general allowances’ means allowances created pursuant to Chapter III of Directive 2003/87/EC, including allowances stemming from emission trading systems that are linked with the EU ETS pursuant to Article 25 of that Directive, and allowances created pursuant to Articles 3c and 3d of that Direc…
− (8) ‘general allowances’ means all other allowances created pursuant to Directive 2003/87/EC, including allowances stemming from emission trading systems that are linked with the EU ETS pursuant to Article 25 of that Directive;
+ (8a) ‘regulated entity allowances’ means allowances created pursuant to Chapter IVa of Directive 2003/87/EC;
+ 
+ (13) ‘surrender’ means the accounting of an allowance by an stationary installation, an aircraft operator, a shipping company or a regulated entity against the verified emissions of its installation, aircraft, or ship or against fuel released for consumption;
− (13) ‘surrender’ means the accounting of an allowance by an operator or aircraft operator against the verified emissions of its installation or aircraft;
+ (19) ‘parent undertaking’ means parent undertaking as defined in Article 2(9) of Directive 2013/34/EU of the European Parliament and of the Council (4);
− (19) ‘parent undertaking’ means parent undertaking as defined in Article 2(9) of Directive 2013/34/EU of the European Parliament and of the Council (3);
+ (22) ‘central counterparty’ means central counterparty as defined in Article 2(1) of Regulation (EU) No 648/2012 of the European Parliament and of the Council (5);
− (22) ‘central counterparty’ means central counterparty as defined in Article 2(1) of Regulation (EU) No 648/2012 of the European Parliament and of the Council (4);
+ 
+ (24) ‘annual emission allocation unit’ means a subdivision of a Member State's annual emission allocation determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842 equal to 1 tonne of carbon dioxide equivalent;
+ (25) ‘operator accounts’ means stationary installation holding accounts, aircraft operator holding accounts, maritime operator holding accounts and regulated entity holding accounts;
− (24) ‘annual emission allocation unit’ means a subdivision of a Member State's annual emission allocation determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842 equal to 1 tonne of carbon dioxide equivalent.
+ (26) ‘operators’ means stationary installations, aircraft operators, shipping companies and regulated entities.
+ 
+ **5.** Upon exclusion of an installation from the EU ETS pursuant to Articles 27 or 27a of Directive 2003/87/EC, the national administrator shall set the corresponding stationary installation holding account to excluded status for the duration of the exclusion.
− **5.** Upon exclusion of an installation from the EU ETS pursuant to Articles 27 or 27a of Directive 2003/87/EC, the national administrator shall set the corresponding operator holding account to excluded status for the duration of the exclusion.
+ 
+ **6a.** Where a regulated entity is exempt from the obligation to surrender allowances in accordance with Article 30e(3) of Directive 2003/87/EC, the national administrator shall set the corresponding regulated entity holding account to excluded status for the duration of the exemption.
+ **7.** No processes may be initiated from excluded accounts, except for the processes specified in ►M3 Article 22, Article 48(4), Article 50(6) and (8), Article 55(2) and (3) and Article 57** ◄ ** and the processes specified in Articles 31 and 56 corresponding to the period where the account status …
− **7.** No processes may be initiated from excluded accounts, except for the processes specified in Articles 22 and 57 and the processes specified in Articles 31 and 56 corresponding to the period where the account status was not set to excluded.
+ ### Article 14 — Opening stationary installation holding accounts in the Union Registry
− ### Article 14 — Opening operator holding accounts in the Union Registry
+ **1.** Within 20 working days of the entry into force of a greenhouse gas emissions permit, the relevant competent authority or the stationary installation shall provide the relevant national administrator with the information set out in Annex VI and shall request the national administrator to open …
− **1.** Within 20 working days of the entry into force of a greenhouse gas emissions permit, the relevant competent authority or the operator shall provide the relevant national administrator with the information set out in Annex VI and shall request the national administrator to open an operator hol…
+ **2.** Within 20 working days of the receipt of a complete set of information in accordance with paragraph 1 of this Article and Article 21, the national administrator shall open a stationary installation holding account for each installation in the Union Registry or inform the prospective account h…
− **2.** Within 20 working days of the receipt of a complete set of information in accordance with paragraph 1 of this Article and Article 21, the national administrator shall open an operator holding account for each installation in the Union Registry or inform the prospective account holder of the r…
+ **3.** A new stationary installation holding account may be opened only if the installation does not already have a stationary installation holding account that was opened based on the same greenhouse gas emissions permit.
− **3.** A new operator holding account may be opened only if the installation does not already have an operator holding account that was opened based on the same greenhouse gas emissions permit.
+ **2.** Each aircraft operator shall have no more than one aircraft operator holding account.
− **2.** Each aircraft operator shall have one aircraft operator holding account.
+ 
+ ### Article 15a — Opening maritime operator holding accounts in the Union Registry
+ 
+ **1.** Within 40 working days of the publication of the list referred to in Article 3gf(2), point (a), of Directive 2003/87/EC, or, for shipping companies not included in that list, within 65 working days of the first voyage falling within the scope of Article 3ga of that Directive, the shipping com…
+ 
+ **2.** Each shipping company shall have no more than one maritime operator holding account.
+ 
+ **3.** Within 20 working days of the receipt of a complete set of information in accordance with paragraph 1 of this Article and Article 21, the national administrator shall open a maritime operator holding account for each shipping company in the Union Registry or inform the prospective account hol…
+ 
+ By way of derogation from the first subparagraph, for the requests referred to in paragraph 1 of this Article and submitted in 2024, the deadline for the national administrator to open a maritime operator holding account shall be 40 working days from the receipt of a complete set of information.
+ 
+ ### Article 15b — Opening regulated entity holding accounts in the Union Registry
+ 
+ **1.** Within 20 working days of the entry into force of a greenhouse gas emissions permit, the regulated entity falling within the scope of Chapter IVa of Directive 2003/87/EC shall provide the relevant national administrator with the information listed in Annex VIIb to this Regulation and shall re…
+ 
+ **2.** Within 20 working days of the receipt of a complete set of information in accordance with paragraph 1 of this Article and Article 21, the national administrator shall open a regulated entity holding account for each regulated entity in the Union Registry or inform the prospective account hold…
+ 
+ **3.** Each regulated entity shall have no more than one regulated entity holding account.
+ 
+ **4.** By way of derogation from the first subparagraph, for the requests referred to in paragraph 1 of this Article and submitted in 2025, the deadline for the national administrator to open a regulated entity holding accounts shall be 40 working days from the receipt of a complete set of informati…
+ 
+ **5.** A new regulated entity holding account may be opened only if the regulated entity does not already have a regulated entity holding account that was opened based on the same greenhouse gas emissions permit.
+ 
+ **6.** Where the national administrator already acquired information for the purposes of national measures in the sectors falling within the scope of Annex III to Directive 2003/87/EC, it may use this information for the purpose of opening of the regulated entity holding accounts, provided that the …
+ 
+ ### Article 15c — Opening third country government deletion accounts in the Union Registry
+ 
+ **1.** Following the signature of a non-binding arrangement referred to in Article 25(1b) of Directive 2003/87/EC, the government of the third country or the sub-federal or regional entity may, by an official letter, request the central administrator to open a third country government deletion accou…
+ 
+ **2.** The third country concerned shall have no more than one single third country government deletion account.
+ 
+ ### Article 15d — Opening tax derogation deletion accounts in the Union Registry
+ 
+ **1.** Where a Member State notifies the Commission of the application of the exemption in accordance with Article 30e(3) of Directive 2003/87/EC and the Commission does not raise an objection to the application of that derogation, the Member State concerned shall, by an official letter, request the…
+ 
+ **2.** The Member State concerned shall have no more than one tax derogation deletion account.
+ **3.** Only regulated entity allowances may be transferred to the tax derogation deletion account. Regulated entity allowances held in the tax derogation deletion account shall be deleted by the end of the year after the reference year in accordance with Article 30e(3), point (g), of Directive 2003/…
− **5.** An aircraft operator shall have only one aircraft operator holding account.
+ **4.** The tax derogation deletion account shall be used only to fulfil the requirements set out in Article 30e(3), point (g), of Directive 2003/87/EC and the amount of allowances sent to that account in any given year shall not be higher than the difference between the amount of allowances that rem…
+ 
+ **3.** ►M3 Where the national administrator refuses to open an operator account in accordance with paragraph 2, the account may be opened upon instruction from the competent authority.** ◄ ** All access to the account shall be suspended in accordance with Article 30(4) until the reasons for refusal …
− **3.** Where the national administrator refuses to open an operator holding account or aircraft operator holding account in accordance with paragraph 2, the account may be opened upon instruction from the competent authority. All access to the account shall be suspended in accordance with Article 30…
+ **2.** Operators shall notify the administrator of their account within 10 working days if they have undergone a merger or a split.
− **2.** Operators and aircraft operators shall notify the administrator of their account within 10 working days if they have undergone a merger or a split.
+ **4.** At least once every three years, the national administrator shall review whether the account information remains complete, up-to-date, accurate and true, and shall request that the account holder notify any changes as appropriate. For operator accounts and verifiers, the review shall take pla…
− **4.** At least once every three years, the national administrator shall review whether the account information remains complete, up-to-date, accurate and true, and shall request that the account holder notify any changes as appropriate. For operator holding accounts, aircraft operator holding accou…
+ **7.** Where the legal entity holding an account in the Union registry changes due to a merger or a split of account holders, the account holder shall be the legal successor of the previous account holder upon submission of the documentation required pursuant to ►M3 Articles 14, 15, 15a, 15b or 16**…
− **7.** Where the legal entity holding an account in the Union registry changes due to a merger or a split of account holders, the account holder shall be the legal successor of the previous account holder upon submission of the documentation required pursuant to Articles 14, 15 or 16.
+ **11a.** If the administering authority in respect of a shipping company changes in accordance with the procedure set out in Article 3gf of Directive 2003/87/EC, the central administrator shall update the national administrator of the corresponding maritime operator holding account. Where the admini…
+ 
+ **12.** Subject to paragraphs 11 and 11a, the Member State responsible for managing an account shall not change.
− **12.** Subject to paragraph 11, the Member State responsible for managing an account shall not change.
+ 
+ ### Article 24a — Closure of third country government deletion accounts
+ The central administrator shall close a third country government deletion account within 10 working days of the end of the time period set out in the non-binding arrangement referred to in Article 25(1b) of Directive 2003/87/EC.
+ 
+ ### Article 25 — Closure of stationary installation holding accounts
− ### Article 25 — Closure of operator holding accounts
+ **2.** ►M3 The national administrator may close a stationary installation holding account if the following conditions are fulfilled:** ◄ **(a) the installation ceased operation or the greenhouse gas emissions permit was withdrawn;(b) the year of last emission is registered in the Union Registry;▼M3(…
− **2.** The national administrator may close an operator holding account if the following conditions are fulfilled:(a) the installation ceased operation or the greenhouse gas emissions permit was withdrawn;(b) the year of last emission is registered in the Union Registry;(c) verified emissions were r…
+ 
+ ### Article 26a — Closure of maritime operator holding accounts
+ 
+ **1.** The competent authority shall notify the national administrator within 10 working days of notification by the account holder, or of discovering after examining other evidence, that the shipping company merged into another shipping company or the shipping company has ceased all its operations …
+ 
+ **2.** The national administrator may close a maritime operator holding account if the following conditions are fulfilled:(a) notification pursuant to paragraph 1 has been made;(b) the year of last emission is registered in the Union Registry;(c) verified emissions subject to surrender requirements …
+ 
+ ### Article 26b — Closure of regulated entity holding accounts
+ **1.** Where the competent authority withdraws a greenhouse gas emissions permit or receives a notification by the account holder, or discovers after examining other evidence, that the regulated entity has merged into another regulated entity or has ceased all its operations covered by Annex III to …
+ 
+ **2.** The national administrator may close a regulated entity holding account if the following conditions are fulfilled:(a) notification from the competent authority pursuant to paragraph 1 has been received;(b) the year of last emission is registered in the Union Registry;(c) verified emissions we…
+ 
+ In the case of operator accounts, the competent authority or the relevant law enforcement authority may instruct the national administrator to set to blocked status those accounts for which access is suspended until the competent authority determines that the situation giving rise to the suspension …
− In the case of operator holding accounts or aircraft operator holding accounts the competent authority or the relevant law enforcement authority may instruct the national administrator to set to blocked status those accounts for which access is suspended until the competent authority determines that…
+ **3.** The national administrator shall close an operator account upon instruction from the competent authority on the basis that there is no reasonable prospect of further allowances being surrendered or excess allowances being returned.
− **3.** The national administrator shall close an operator holding account or an aircraft operator holding account upon instruction from the competent authority on the basis that there is no reasonable prospect of further allowances being surrendered or excess allowances being returned.
+ **10.** Where the holder of an operator account is prevented from surrendering in the 10 working days preceding the surrender time-limit laid down in Article 12(3) and Article 30e(2), respectively, of Directive 2003/87/EC due to suspension in accordance with this Article, the national administrator …
− **10.** 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 time-limit laid down in Article 12(2a) and (3) of Directive 2003/87/EC due to suspension in accordance with this Article, the nat…
+ ### Article 31 — Verified emissions data for operators
− ### Article 31 — Verified emissions data for an installation or aircraft operator
+ **1.** Whenever required by national law, each operator shall select a verifier from the list of verifiers registered with the national administrator administering its account.
− **1.** Whenever required by national law, each operator and aircraft operator shall select a verifier from the list of verifiers registered with the national administrator administering its account.
+ 
+ **4.** Upon satisfactory verification in accordance with Article 15 of Directive 2003/87/EC of an operator’s report on the emissions from an installation during a previous year, of an aircraft operator’s report on the emissions from all aviation activities it performed during a previous year, or of …
+ 
+ For shipping companies, the verifier or the competent authority shall approve the annual emission data upon satisfactory verification of a shipping company’s aggregated emissions data at company level in accordance with Article 3ge of that Directive. For regulated entities, the verifier or the compe…
+ 
+ **5.** The emissions approved in accordance with paragraph 4 shall be marked as ‘verified’ in the Union Registry by the national administrator or the competent authority. The competent authority may decide that instead of the national administrator, the verifier shall be responsible for marking emis…
+ **6.** The competent authority may instruct the national administrator to correct the annual verified emissions for any operator to ensure compliance with Articles 3gd, 3ge, 14 and 15 of Directive 2003/87/EC, by entering the corrected verified or estimated emissions for that operator for a given yea…
− **4.** Upon the satisfactory verification in accordance with Article 15 of Directive 2003/87/EC of an operator's report on the emissions from an installation during a previous year, or of an aircraft operator's report on the emissions from all aviation activities it performed during a previous year,…
+ **7.** ►M3 Where, on 1 May of each year, no verified emissions figure has been recorded in the Union Registry for a stationary installation or an aircraft operator for a previous year or the verified emissions figure was proven to be incorrect, any substitute emissions figure estimate entered in the…
− **5.** The emissions approved in accordance with paragraph 4 shall be marked as ‘verified’ in the Union Registry by the national administrator or the competent authority. The competent authority may decide that instead of the national administrator, the verifier shall be responsible for marking emis…
+ Where, on 1 May of each year, no verified emissions figure has been recorded in the Union Registry for a shipping company for a previous year or the verified emissions figure was proven to be incorrect, any substitute emissions figure estimate entered in the Union Registry shall be calculated as clo…
− **6.** The competent authority may instruct the national administrator to correct the annual verified emissions for an installation or an aircraft operator to ensure compliance with Articles 14 and 15 of Directive 2003/87/EC, by entering the corrected verified or estimated emissions for that install…
+ Where, on 1 June of each year, no verified emissions figure has been recorded in the Union Registry for a regulated entity for a previous year or the verified emissions figure was proven to be incorrect, any substitute emissions figure estimate entered in the Union Registry shall be calculated as cl…
− **7.** Where, on 1 May of each year, no verified emissions figure has been recorded in the Union Registry for an installation or an aircraft operator for a previous year or the verified emissions figure was proven to be incorrect, any substitute emissions figure estimate entered in the Union Registr…
+ **1.** If, on 1 April of each year, the annual emissions for the preceding year of a stationary installation, an aircraft operator or a shipping company, or, on 1 May of each year, the annual emissions corresponding to the amount of fuel released for consumption for the preceding year by a regulated…
− **1.** If, on 1 April of each year, the annual emissions of an installation or aircraft operator for the preceding year have not been entered and marked as ‘verified’ in the Union Registry, the central administrator shall ensure that the Union Registry sets the corresponding operator holding account…
+ **2.** When all overdue verified emissions of an operator for that year have been recorded in the Union Registry, the central administrator shall ensure that the Union Registry sets the corresponding operator account to open status.
− **2.** When all overdue verified emissions of the installation or aircraft operator for that year have been recorded in the Union Registry, the central administrator shall ensure that the Union Registry sets the account to open status.
+ **1.** ►M3 The central administrator shall ensure that on 1 October of each year, the Union Registry indicates the compliance status figure for the preceding year for every stationary installation holding account, aircraft operator holding account and maritime operator holding account that is not in…
+ 
+ The central administrator shall ensure that the Union Registry calculates the compliance status figure before the closure of the account pursuant to ►M3 Articles 25, 26, 26a and 26b** ◄ **.
+ 
+ **1a.** For the period from 2024 to 2030, derogations pursuant to Article 12(3-e) to 12(3-b) of Directive 2003/87/EC shall be taken into account in the calculation of the compliance status for shipping companies.
+ 
+ **1b.** For 2024 and 2025, the rules laid down in Article 3gb of Directive 2003/87/EC shall be taken into account in the calculation of the compliance status for shipping companies.
− **1.** The central administrator shall ensure that on 1 May of each year, the Union Registry indicates the compliance status figure for the preceding year for every installation and aircraft operator with an operator or aircraft operator holding account that is not in a closed status by calculating …
+ **1c.** From 2026, the verified emissions of shipping companies shall also include methane and nitrous oxide.
− The central administrator shall ensure that the Union Registry calculates the compliance status figure before the closure of the account pursuant to Articles 25 and 26.
+ 
+ ### Article 33a — Calculation of compliance status figures for regulated entities
+ 
+ **1.** From 2028, the central administrator shall ensure that on 1 June of each year, the Union Registry indicates the compliance status figure for the preceding year for every regulated entity with a regulated entity holding account that is not in a closed status. This shall be done by calculating …
+ **2.** The central administrator shall ensure that the Union Registry calculates the compliance status figure before the closure of the account pursuant to Article 26b.
+ 
+ **3.** The central administrator shall ensure that the Union Registry records the compliance status figure for every regulated entity for each year.
+ 
+ **5.** Allowances falling within the scope of Chapter IVa of Directive 2003/87/EC shall not be fungible with allowances falling within the scope of Chapters II and III of that Directive. Allowances falling within the scope of Chapter IVa of Directive 2003/87/EC shall not be held on stationary instal…
+ 
+ **1.** The central administrator may create an EU Total Quantity Account, an EU Aviation Total Quantity Account, an EU Allocation Account, an EU Aviation Allocation Account, an EU Auction Account, an EU Aviation Auction Account, an EU Regulated Entity Total Quantity Account and an EU Regulated Entit…
− **1.** The central administrator may create an EU Total Quantity Account, an EU Aviation Total Quantity Account, an EU Auction Account and an EU Aviation Auction Account as appropriate, and shall create or cancel accounts and allowances as made necessary by Union acts, including as may be required b…
+ **2.** The central administrator shall ensure that the Union Registry assigns each allowance a unique unit identification code upon its creation. ►M3 Regulated entity allowances shall be made distinguishable at all times from general allowances.** ◄ **
− **2.** The central administrator shall ensure that the Union Registry assigns each allowance a unique unit identification code upon its creation.
+ ### Article 38 — Transfer of general allowances for stationary installations and maritime operators to be auctioned
− ### Article 38 — Transfer of general allowances to be auctioned
+ **1.** The central administrator shall, in a timely manner, transfer on behalf of the relevant auctioning Member State, as well as for the innovation fund established pursuant to Article 10a(8) of Directive 2003/87/EC, for the modernisation fund established pursuant to Article 10d of Directive 2003/…
− **1.** The central administrator shall, in a timely manner, transfer on behalf of the relevant auctioning Member State as represented by its auctioneer appointed in accordance with Regulation (EU) No 1031/2010, general allowances from the EU Total Quantity Account into the EU Auction Account in a qu…
+ ### Article 39 — Transfer of general allowances for stationary installations to be allocated free of charge
− ### Article 39 — Transfer of general allowances to be allocated free of charge
+ The central administrator shall, in a timely manner, transfer general allowances for stationary installations from the EU Total Quantity Account into the EU Allocation Account in a quantity corresponding to the sum of the allowances allocated free of charge according to the national allocation table…
− The central administrator shall, in a timely manner, transfer general allowances from the EU Total Quantity Account into the EU Allocation Account in a quantity corresponding to the sum of the allowances allocated free of charge according to the national allocation table of each Member State.
+ ### Article 42a — Transfer of regulated entity allowances to be auctioned
− ### Article 42 — Transfer of aviation allowances to the special reserve
+ **1.** The central administrator shall, in a timely manner, transfer on behalf of the relevant auctioning Member State and for the Social Climate Fund established by Regulation (EU) 2023/955, as represented by their auctioneer appointed in accordance with Regulation (EU) No 1031/2010 regulated entit…
− **1.** The central administrator shall, in a timely manner, transfer aviation allowances from the EU Aviation Total Quantity Account to the EU Special Reserve Account in a quantity corresponding to the number of aviation allowances in the special reserve determined by the decision adopted pursuant t…
+ **2.** In case of adjustments of the annual volumes of allowances in accordance with Article 14 of Regulation (EU) No 1031/2010, the central administrator shall transfer a corresponding quantity of regulated entity allowances from the EU Regulated Entity Total Quantity Account to the EU Regulated En…
− **2.** If the number of aviation allowances in the special reserve is increased by a decision adopted pursuant to Article 3e(3) of Directive 2003/87/EC, the central administrator shall transfer further aviation allowances from the EU Aviation Total Quantity Account to the EU Special Reserve Account …
− **3.** If the number of aviation allowances in the special reserve is decreased by a decision adopted on the basis of Article 3e(3) of Directive 2003/87/EC, the central administrator shall delete aviation allowances on the EU Special Reserve Account in a quantity corresponding to the decrease of the…

− **4.** In the case of allocation from the special reserve pursuant to Article 3f of Directive 2003/87/EC, the resulting final amount of aviation allowances allocated free of charge to the aircraft operator for the whole trading period shall be automatically transferred from the EU Special Reserve Ac…

+ **1.** The national administrator shall indicate in the national allocation table for each stationary installation, for each year and for each legal basis set out in Annex X, whether or not an installation should receive an allocation for that year.
− **1.** The national administrator shall indicate in the national allocation table for each operator, for each year and for each legal basis set out in Annex X, whether or not an installation should receive an allocation for that year.
+ **2.** The central administrator shall ensure that the Union Registry transfers general allowances for stationary installations automatically from the EU Allocation Account in accordance with the relevant national allocation table to the relevant open stationary installations holding account with co…
− **2.** The central administrator shall ensure that the Union Registry transfers general allowances automatically from the EU Allocation Account in accordance with the relevant national allocation table to the relevant open or blocked operator holding account, having regard to the modalities of the a…
+ **3.** Where an excluded stationary installation holding account does not receive allowances under paragraph 2, allowances for the years of exclusion shall not be transferred to the account, should it be set to open status for subsequent years.
− **3.** Where an excluded operator holding account does not receive allowances under paragraph 2, allowances for the years of exclusion shall not be transferred to the account, should it be set to open status for subsequent years.
+ **4.** The central administrator shall ensure that a stationary installation can perform transfers returning excess allowances to the EU Allocation Account where the national allocation table of a Member State has been changed pursuant to Article 47 to correct for an over allocation of allowances to…
− **4.** The central administrator shall ensure that an operator can perform transfers returning excess allowances to the EU Allocation Account where the national allocation table of a Member State has been changed pursuant to Article 47 to correct for an over allocation of allowances to the operator,…
+ **5.** The competent authority may instruct the national administrator to transfer returning excess allowances to the EU Allocation Account where the over allocation of allowances is a consequence of allocation after a stationary installation ceased the activities carried out in the installation to …
− **5.** The competent authority may instruct the national administrator to transfer returning excess allowances to the EU Allocation Account where the over allocation of allowances is a consequence of allocation after an operator ceased the activities carried out in the installation to which the allo…
+ **2.** The Commission shall instruct the central administrator to make the corresponding changes to the national aviation allocation tables in the Union Registry if it considers that the change to the national aviation allocation table is in accordance with Directive 2003/87/EC. It shall otherwise r…
− **2.** The Commission shall instruct the central administrator to make the corresponding changes to the national aviation allocation tables in the Union Registry if it considers that the change to the national aviation allocation table is in accordance with Directive 2003/87/EC, in particular with t…
+ ### Article 50 — Free allocation of allowances to aircraft operators
− ### Article 50 — Free allocation of aviation allowances
+ **2.** The central administrator shall ensure that the Union Registry transfers aviation allowances, and from 1 January 2025 general allowances, automatically from the EU Aviation Allocation Account to the relevant open aircraft operator holding account with compliance status A, as set out in Table …
− **2.** The central administrator shall ensure that the Union Registry transfers aviation allowances automatically from the EU Aviation Allocation Account to the relevant open or blocked aircraft operator holding account in accordance with the relevant allocation table, having regard to the modalitie…
+ **3.** Where an agreement pursuant to Article 25 of Directive 2003/87/EC is in force and requires transferring aviation allowances to aircraft operators holding accounts in the registry of another greenhouse gas emissions trading system, the central administrator, in cooperation with the administrat…
− **3.** Where an agreement pursuant to Article 25 of Directive 2003/87/EC is in force and requires transferring aviation allowances to aircraft operators holding accounts in the registry of another greenhouse gas emissions trading system, the central administrator, in cooperation with the administrat…
+ **8.** The competent authority may instruct the national administrator to transfer returning excess allowances to the EU Allocation Account where the over allocation of allowances is a consequence of an annual allocation issued for a year for which the aircraft operator holding account has been subs…
− ### Article 51 — Return of aviation allowances
+ ### Article 51 — Return of allowances from aircraft operators
+ 
+ The settlement system or clearing system referred to in the first subparagraph shall provide a single auction table for each calendar year for the auctioning of general allowances, and for the auctioning of aviation allowances in the period until 31 December 2024, and shall ensure that the auction t…
− The said settlement system or clearing system shall provide two auction tables for each calendar year from 2012, one for the auctioning of general allowances and one for the auctioning of aviation allowances and shall ensure that the auction tables includes the information set out in Annex XIII.
+ 
+ **1.** The Commission shall instruct the central administrator, in a timely manner, to transfer, on request of the auctioning Member State and with regard to the Innovation fund, the Modernisation fund, the Recovery and Resilience Facility or the Social Climate Fund, as represented by its auctioneer…
+ **2.** The account holder of the relevant auction collateral delivery account shall ensure the transfer of the auctioned allowances to the successful bidders or their successors in title in accordance with Article 47(2) of Regulation (EU) No 1031/2010.
− **1.** The Commission shall instruct the central administrator, in a timely manner, to transfer on request of the auctioning Member State as represented by its auctioneer, appointed in accordance with Regulation (EU) No 1031/2010, general allowances from the EU Auction Account, and/or aviation allow…
+ **3.** The authorised representative of an auction collateral delivery account may be required to transfer any allowances that were not delivered from the auction collateral delivery account to the EU Auction Account, the EU Aviation Auction Account or the EU Regulated Entity Auction Account respect…
− **2.** In accordance with Regulation (EU) No 1031/2010, the authorised representative of an auction collateral delivery account may be required to transfer any allowances that were not delivered from the auction collateral delivery account to the EU Auction Account or the EU Aviation Auction Account…
+ **2.** Operator accounts may only transfer allowances to an account on the trusted account list set up pursuant to Article 23.
− **2.** Operator holding accounts and aircraft operator holding accounts may only transfer allowances to an account on the trusted account list set up pursuant to Article 23.
+ **3.** Holders of operator accounts may decide that transfers are possible from their account to accounts not on the trusted account list set up pursuant to Article 23. Holders of operator accounts may withdraw such decision. The decision and withdrawal of the decision shall be communicated in a dul…
− **3.** Holders of operator holding or aircraft operator holding accounts may decide that transfers are possible from their account to accounts not on the trusted account list set up pursuant to Article 23. Holders of operator holding or aircraft operator holding accounts may withdraw such decision. …
+ **4.** The central administrator shall ensure that the Union Registry indicates if the transfer represents a bilateral transaction. The transfer shall be considered a bilateral transaction, unless that transaction has been executed through a market venue’s systems and reported pursuant to Article 26…
− **4.** Upon initiation of a transfer, the authorised representative initiating the transfer shall indicate in the Union Registry if the transfer represents a bilateral transaction unless that transaction is registered at a market venue, or it is cleared at a central counterparty, or it represents a …
+ **1.** ►M3 An operator shall surrender allowances by proposing to the Union Registry to:** ◄ **▼M3(a) transfer a specified number of allowances from the relevant operator account into the Union Deletion Account;(b) record the number and type of transferred allowances as surrendered for the emissions…
− **1.** An operator or aircraft operator shall surrender allowances by proposing to the Union Registry to:(a) transfer a specified number of allowances from the relevant operator holding account or aircraft operator holding account into the Union Deletion Account;(b) record the number and type of tra…
+ **6.** The central administrator shall ensure that the Union Registry accepts the proposal for reversal made pursuant to paragraph 1, blocks the units that are to be transferred by the reversal and forwards the proposal to the central administrator provided that all of the following conditions are m…
− **6.** The central administrator shall ensure that the Union Registry accepts the proposal for reversal made pursuant to paragraph 1, blocks the units that are to be transferred by the reversal and forwards the proposal to the central administrator provided that all of the following conditions are m…
+ 
+ ### Article 59-a — Authorised transactions for third country government deletion accounts
+ 
+ Allowances held in third country government deletion accounts shall be deleted. Allowances shall not be transferred from third country government deletion accounts. No other transactions shall be possible from those accounts.
+ **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 ►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…
+ **5.** Where, pursuant to Article 53(1), the clearing system of the auction platform notifies the Commission of an amendment to an auction table due to the withholding of allowances in accordance with Article 22(5) of Regulation (EU) No 1031/2010, the central administrator shall enter that notified …
+ 
+ **6.** Where the clearing system of the relevant auction platform fails to notify an amendment to an auction table pursuant to paragraph 5, and if such a notification has been made by an auctioneer appointed in accordance with Article 22 of Regulation (EU) No 1031/2010, the central administrator sha…
+ 
+ **7.** Where, following a new appointment of an auctioneer in accordance with Article 22 of Regulation (EU) No 1031/2010, the clearing system of the auction platform notifies the Commission of an amendment to an auction table regarding the identity and the contact details of the new auctioneer, the …
+ 
+ **8.** Except where an auction has been cancelled in accordance with Article 7(5) or (6) or Article 9 of Regulation (EU) No 1031/2010, the central administrator shall suspend the transfer of allowances as specified in the respective auction table entered in the Union Registry in any of the following…
+ 
+ In the cases referred to in the first subparagraph, the clearing system of the auction platform shall submit, with utmost urgency, the revised auction table to the central administrator, who shall enter it in the Union Registry.
+ 
+ **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 ►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…
+ 
+ **4a.** The competent authorities referred to in Article 22 of Regulation (EU) No 596/2014 shall receive, upon request to the central administrator if and as long as such requests are justified and necessary for the purposes referred to in paragraph 4, first subparagraph, data stored in the Union Re…
+ **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 (12). 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 ►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.
tierA, publisher-supplied validity dates
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index built2026-08-07T19:46:23Z · corpus 8d5e859
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