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

+ **6b.** Upon notification from the competent authority that a shipping company is no longer included in the EU ETS in accordance with Annex I to Directive 2003/87/EC in a given year, the national administrator shall set the corresponding maritime operator holding account to excluded status, after gi…
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+ **6c.** Where an installation is not covered by the EU ETS in accordance with point 1 of Annex I to Directive 2003/87/EC, the national administrator shall set the corresponding operator account to excluded status for the duration of the exclusion.
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+ **7.** No processes may be initiated from excluded accounts, including transfers of allowances, except for the processes specified in Article 22, Article 48(4) and (5), Article 50(6) and (8), and Article 57 and the processes specified in Articles 31 and 56 corresponding to the period where the accou…
− **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 …
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+ By way of derogation from the first subparagraph, for the requests submitted from 1 June 2026 until 31 December 2027, 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 information in accordance with …
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− **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…
+ **7.** By way of derogation from paragraph 1 of this Article, from 1 June 2026 to 15 September 2026 regulated entities falling within the scope of Chapter IVa of Directive 2003/87/EC shall request to open a regulated entity holding account in the Union Registry in accordance with paragraph 1 of this…
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+ **8.** By way of derogation from paragraph 2 of this Article, the national administrator shall open a national competent authority account for the purpose of reporting the historical emissions for the year 2024 in accordance with Article 30f(4) of Directive 2003/87/EC and for the purpose of reportin…
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+ **9.** National competent authority accounts shall not hold allowances.
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+ 
+ **10.** For national competent authority accounts opened in accordance with Article 15b(8), the requirement to have authorised representatives in accordance with this Article shall not apply. For such accounts at least one contact person shall be nominated.
+ **1.** All account holders shall notify the national administrator within 10 working days of changes to the account information. In addition, holders of stationary installation holding accounts, aircraft operator holding accounts and maritime operator holding accounts, shall confirm to the national …
− **1.** All account holders shall notify the national administrator within 10 working days of changes to the account information. In addition, account holders shall confirm to the national administrator by 31 December each year that their account information remains complete, up-to-date, accurate and…
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+ ### Article 26c — Closure of national competent authority accounts
+ The national administrator may close a national competent authority account if the emissions reported under Article 15b(8) have been registered.
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+ ### Article 32a — Blocking of accounts due to a failure to surrender allowances
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+ **1.** If, on 1 October of each year, the number of allowances surrendered for the current period pursuant to Article 56 from a stationary installation holding account or an aircraft operator holding account receiving free allocation of allowances, is lower than its verified emissions in the current…
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+ **2.** When all overdue allowances have been surrendered from an operator account pursuant to Article 56, the central administrator shall ensure that the Union Registry sets the corresponding operator account to open status.
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+ **1d.** When the negative compliance status figure results only from the first or second EU ETS phase and where it cannot be corrected in future phases by an operator of a stationary installation, that negative figure shall not be taken into account in the calculation of the compliance status figure…
+ ### Article 40 — Transfer of aviation allowances to be auctioned
− ### Article 40 — Transfer of general allowances for aviation to be auctioned
+ **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 Commission Delegated Regulation (EU) 2023/2830 (8) general allowances for aviation from the EU Aviation Total Quantity …
− **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 for aviation from the EU Aviation Total Quantity Account to the EU Avi…
+ **2.** In case of adjustments of the annual volumes of allowances in accordance with Article 14 of Delegated Regulation (EU) 2023/2830, the central administrator shall transfer a corresponding quantity of general allowances from the EU Aviation Total Quantity Account to the EU Auction Account or fro…
− **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 general allowances from the EU Aviation Total Quantity Account to the EU Aviation Auction Account or f…
+ **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…
− **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…
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+ **1a.** Changes to the national aviation allocation tables done in accordance with Decision of the EEA Joint Committee No 334/2023 (9) shall be notified to the Commission by the Member State allocating the allowances.
+ **2.** The central administrator shall ensure that the Union Registry transfers aviation allowance*,* and from 1 January 2025 general allowances, automatically from the EU Aviation Allocation Account to the relevant open or blocked aircraft operator holding account in accordance with the relevant al…
− **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 …
+ **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…
− **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…
+ **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.** 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…
+ **1.** If an account holder or a national administrator acting on behalf of the account holder unintentionally or erroneously initiated one of the transactions referred to in paragraph 2, the account holder may propose to the administrator of its account to carry out a reversal of the completed tran…
− **1.** If an account holder or a national administrator acting on behalf of the account holder unintentionally or erroneously initiated one of the transactions referred to in paragraph 2, the account holder may propose to the administrator of its account to carry out a reversal of the completed tran…
+ **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…
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+ ### Article 58a — Restitution of allowances
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+ **1.** The central administrator shall restitute surrendered allowances to the operator holding account to give effect to a Member State’s decision and ruling in accordance with Article 27 or Article 27a of Directive 2003/87/EC, or a ruling of the Court of Justice of the European Union, finding that…
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+ **2.** The number of allowances to be restituted shall be determined by applying the following formula and shall be rounded to the nearest integer:
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+ Where:
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+ The average value of allowances in the year of the surrender is determined based on the average auction clearing price for that year on the common auction platform pursuant to Article 26(1) of Delegated Regulation (EU) 2023/2830 (11).
+ The average value of allowances in the year of the restitution is determined based on the average auction clearing price for that year on the common auction platform pursuant to Article 26(1) of Delegated Regulation (EU) 2023/2830.
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+ The inflation is determined based on the consumer index price based on the European Union’s harmonised Index of Consumer Price.
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+ **3.** The same type of allowances that were initially surrendered shall be restituted from the Union deletion account to the operator holding account.
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+ **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…
+ **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…
+ **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 (15). 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 (12). Europol shall keep the Commission informed of the use it makes of the data.