Refusal, suspension and cancellation of registrations
Article 5
1. The Commission may refuse to validate a registration of an undertaking in the F-gas Portal, or may suspend the registration of an undertaking in any of the following cases: (a) if the requirements of this Regulation or Regulation (EU) 2024/573 in relation to that undertaking are not complied with; (b) if any information or evidence provided under this Regulation by or on behalf of the undertaking is inaccurate or incomplete; (c) if deliberately false information has been provided. In addition to the circumstances referred to in the first subparagraph, the Commission may suspend the registration of an undertaking in the F-gas Portal if there is evidence of misconduct related to transactions in the F-gas Portal including where there is evidence that they are not responding to the Commission’s, to the competent authorities of Member States’, or other undertakings’ registered in the F-gas Portal requests for information. The concerned undertaking and the competent authority of the relevant Member State shall be informed, via the F-gas Portal, of the reasons for refusal to validate a registration or suspension of registration. 2. Where an undertaking’s registration is suspended under paragraph 1, the Commission shall lift the suspension and restore the registration in the event that the requirements of this Regulation or Regulation (EU) 2024/573, as applicable, in relation to the undertaking are subsequently complied with or, as applicable, the information or evidence provided under this Regulation by or on behalf of the undertaking is subsequently updated so that it is accurate and complete. 3. The Commission shall cancel the registration of undertakings where deliberately false information has been provided or if an undertaking, following suspension, fails to provide the required information or evidence or to update its information under this Regulation. The concerned undertaking and the competent authority of the relevant Member State shall be informed, via the F-gas Portal, of the reasons for cancellation of the registration. The Commission shall also cancel the registration of undertakings upon their request, including upon the request of the only representative in case of undertakings established outside the Union. 4. Where the registrations of undertakings do not satisfy the condition set out in Article 18(3) of the Regulation (EU) 2024/573 with regards to their physical address, the Commission shall only retain the registration of the undertaking registered first, unless the undertaking which registered first has indicated that another undertaking should be retained and shall cancel the registration of the remaining ones. Where the registration requests of undertakings do not satisfy the condition set out in Article 18(3) of the Regulation (EU) 2024/573 with regards to their physical address, the Commission shall only validate the registration request that was submitted first, unless the undertaking which submitted the first request has indicated that another registration request should be validated. 5. Where a registration in the F-gas Portal is cancelled any available quota and authorisations shall become void and any activity for which registration was required under Regulation (EU) 2024/573 shall not be performed as from the moment of cancellation. The undertaking in respect of which the registration in the F-gas Portal has been cancelled shall ensure that obligations to report on previous activities referred to in Article 26 of Regulation (EU) 2024/573 are fulfilled.