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Commission Delegated Regulation (EU) 2023/1642 of 14 June 2023 amending Delegated Regulation (EU) 2019/1122 as regards the modernisation of the functioning of the Union Registry (Text with EEA relevance)

CELEX
Delegated Regulation (EU) 2023/1642
Date of document
Articles
4
Source
EUR-Lex
Article 1Detection of discrepancies

Delegated Regulation (EU) 2019/1122 is amended as follows:

(1)

Article 5 is amended as follows:

(a)

in paragraph 1, the following sentence is added

‘The EUTL shall be part of the Union Registry.’;

(b)

in paragraphs 2 to 4 the acronym ‘EUTL’ is replaced by ‘standardised electronic database’;

(2)

Article 6 is amended as follows:

(a)

in the title, the words ‘and the EUTL’ are deleted;

(b)

paragraph 2 is replaced by the following:

‘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 checked before and after the account management processes are executed. The central administrator may establish a restricted communication link between the Union Registry and the registry of a third country which has signed a treaty concerning its accession to the Union.’

;

(3)

in Article 7(4), third sentence, the words ‘and the EUTL’ are deleted;

(4)

Article 23 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Accounts in the Union Registry shall have a trusted account list.’

;

(b)

the following paragraphs 3a and 3b are inserted:

‘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.’

;

(5)

in Article 30(1), point (c), the words ‘or the EUTL’ are deleted;

(6)

in Article 52 and Article 53(2) the acronym ‘EUTL’ is replaced by ‘Union Registry’;

(7)

in Article 55, the following paragraph 5 is added:

‘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.’

;

(8)

in Title III, Common technical provisions, the title of Chapter 1 is replaced by the following:

‘CHAPTER 1

TECHNICAL REQUIREMENTS OF THE UNION REGISTRY

’;

(9)

Article 60 is amended as follows:

(a)

in the title, the words ‘and the EUTL’ are deleted;

(b)

paragraph 1 is amended as follows:

(i)

in point (b), the words ‘between the Union Registry and the EUTL’ are deleted;

(ii)

point (d) is replaced by the following:

‘(d)

the Union Registry responds promptly to requests made by account representatives.’;

(c)

paragraph 2 is replaced by the following:

‘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.’

;

(d)

in paragraph 3, the words ‘and EUTL’ are deleted;

(10)

in Article 62, the words ‘by the EUTL’ are deleted;

(11)

in Article 65, the words ‘or the EUTL’ and ‘or of the EUTL’ are deleted;

(12)

in Article 66(2), the words ‘or the EUTL’ are deleted;

(13)

Article 68 is amended as follows:

(a)

in paragraph 1, the words ‘by the EUTL of’ are deleted;

(b)

in paragraph 4, the acronym ‘EUTL’ is replaced by ‘Union Registry’;

(14)

in Article 70, the acronym ‘EUTL’ is replaced by ‘Union Registry’;

(15)

Article 71 is replaced by the following:

‘Article 71

Detection of discrepancies

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 informs the administrator of the accounts involved in the terminated transaction thereof. The central administrator shall ensure that the Union Registry immediately informs the relevant account holders that the process has been terminated by returning an automated check response code.’

;

(16)

in Article 72(2), the acronym ‘EUTL’ is replaced by ‘Union Registry’.

(17)

Article 73 is replaced by the following:

‘Article 73

Reconciliation – detection of inconsistencies by the Union Registry

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 records all processes.

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 completed with any of the accounts or holdings of allowances which are the subject of the inconsistency. The central administrator shall ensure that the Union Registry immediately informs the central administrator and the administrators of the relevant accounts or holdings of allowances of any inconsistency.’

;

(18)

Article 74 is replaced by the following:

‘Article 74

Finalisation of processes

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 transaction of process could not be completed within 24 hours of its communication.

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.’

;

(19)

in Article 76, the words ‘before a communication link is established and activated between the new version or release of that software and the EUTL’ are deleted;

(20)

Article 77 is amended as follows:

(a)

in paragraphs 1 and 5, the words ‘and the EUTL’ are deleted;

(b)

in paragraphs 5, 6 and 7, the words ‘or the EUTL’ are deleted;

(21)

in Article 79(1), the words ‘in the EUTL or’ are deleted;

(22)

Article 80 is amended as follows:

(a)

in paragraph 1, the words ‘the EUTL and’ are deleted;

(b)

paragraph 3 is amended as follows:

(i)

in the first sentence, the words ‘and the EUTL’ are deleted;

(ii)

point (a) is replaced by the following:

‘(a)

the police or another law enforcement or judicial authority, tax authorities of a Member State and the European Public Prosecutor’s Office (EPPO);’;

(c)

in paragraph 4, first subparagraph, the following sentence is added:

‘Those entities shall make any requests to the central administrator or to a national administrator by using the template set out in Annex XIV.’;

(d)

paragraph 6 is replaced by following:

‘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 understanding of the legal implications of the processes analysed and to contribute to policy developments without referring to data of individual accounts or transactions.’

;

(e)

in paragraph 7, the words ‘and the EUTL’ are deleted;

(f)

in paragraph 10, the words ‘The EUTL and’ are deleted;

(23)

in Article 82, the words ‘and of the EUTL’ are deleted;

(24)

Annexes III, IV, VI, VII, VIII and XIII are amended in accordance with Annex I;

(25)

the text set out in Annex II is added as Annex XIV.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX I

ANNEX I

Annexes III, IV, VI, VII, VIII and XIII to Delegated Regulation (EU) 2019/1122 are amended as follows:

(1)

in Annex III, Table III-I is amended as follows:

(a)

in column F, the heading ‘Displayed on the EUTL public website?’ is replaced by the following: ‘Displayed on the public website?’;

(b)

in the last row, the sentence ‘Displayed at the EUTL public website.’ is replaced by the following: ‘Displayed on the public website.’;

(2)

in Annex IV, point 5 is amended as follows:

(a)

the following point (f) is added:

‘(f)

account holders that are part of a group shall provide a document clearly identifying the structure of the group.’;

(b)

the following paragraph is added:

‘For the purposes of point (f), where the document identifying the structure of the group is a copy, a public notary or other similar person specified by the national administrator shall certify that copy as a true copy. A certified copy that is issued outside the Member State requesting a copy shall be legalised, except where otherwise provided for by national law. The date of the certification or legalisation shall not be more than three months prior to the date of application.’;

(3)

Annex VI is amended as follows:

(a)

in Table VI-I, column F, the heading ‘Displayed on the EUTL public website?’ is replaced by the following: ‘Displayed on the public website?’;

(b)

in Table VI-II, column F, the heading ‘Displayed on the EUTL public website?’ is replaced by the following: ‘Displayed on the public website?’;

(4)

in Annex VII, Table VII-I, column F, the heading ‘Displayed on the EUTL public website?’ is replaced by the following: ‘Displayed on the public website?’;

(5)

in Annex VIII, Table VIII-I, column F, the heading ‘Displayed on the EUTL public website?’ is replaced by the following: ‘Displayed on the public website?’;

(6)

Annex XIII is amended as follows:

(a)

point 1 is amended as follows:

(i)

the introductory wording is replaced by the following: ‘The Union Registry shall display on the public website the following information for each account:’;

(ii)

in point (a), the words ‘displayed on the EUTL public website’ are replaced by the following: ‘displayed on the public website’;

(iii)

in Table XIV-I, the heading ‘to be displayed on the EUTL public website’ is replaced by the following: ‘to be displayed on the public website’;

(b)

in point 2, the introductory wording is replaced by the following: ‘The Union Registry shall display on the public website the following general information, and shall update it every 24 hours:’;

(c)

in point 3, the introductory wording is replaced by the following: ‘The Union Registry shall display on its public website the following general information, on 30 April of each year:’;

(d)

in point 4, the introductory wording is replaced by the following: ‘The Union Registry shall display on the public website the following information about each completed transaction recorded by the Union Registry by 30 April of a given year on 1 May three years later:’;

(e)

in point 5, the introductory wording is replaced by the following: ‘On 1 May each year, the following information shall be published on agreements which are in force pursuant to Article 25 of Directive 2003/87/EC recorded by the Union Registry by 30 April:’;

(f)

in point 6(b)(v), the words ‘and the EUTL’ are deleted;

(g)

in point 8(b)(iv), the words ‘and the EUTL’ are deleted.

ANNEX II

ANNEX II

‘ANNEX XIV

Template for a request for data stored in the Union Registry under Article 80(3) of Commission Delegated Regulation (EU) 2019/1122  ( 1 )

Request to the [specify if the request is submitted to the central or national administrator] of the Union Registry pursuant to Article 80(3) of Delegated Regulation (EU) 2019/1122

1.

Entity submitting the request:

2.

Date of the request:

3.

Purposes for the request from the exhaustive list laid down in Article 80(4) of Delegated Regulation (EU) 2019/1122

4.

Description of the legal or administrative context in which the data will be used:

5.

Precise description of the data requested, including the time period for which the data is requested:

6.

Contact point for any queries in relation to the request:

As required by Articles 80(4) and 80(5) of Delegated Regulation (EU) 2019/1122, we commit to use the confidential information received pursuant to this request only for the purpose for which such information was provided and to not make the data received available deliberately or accidentally to persons not involved in the intended purpose of the data use.

[Name and signature]

( 1 )   Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry ( OJ L 177, 2.7.2019, p. 3 ).

4 articles

Cite this act

Commission Delegated Regulation (EU) 2023/1642 of 14 June 2023 amending Delegated Regulation (EU) 2019/1122 as regards the modernisation of the functioning of the Union Registry (Text with EEA relevance) (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/32023R1642

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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