Diario Oficial de la Unión Europea del 21/8/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
EN
21.8.2023
Official Journal of the European Union
L 206/1
II
Non-legislative acts
REGULATIONS
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
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC 1, and in particular Article 193 thereof, Whereas:
1
Article 191 of Directive 2003/87/EC, before its amendment by Directive 2009/29/EC of the European Parliament and of the Council 2, required Member States to provide for the establishment and maintenance of a registry to ensure the accurate accounting of the issue, holding, transfer and cancellation of greenhouse gas emission allowances. For that purpose, Article 193 of Directive 2003/87/EC and Article 3 of Commission Regulation EC
No 2216/2004 3 created a system for the trading of greenhouse gas emission allowances which became operational in January 2005. That system ensured the accurate accounting of all greenhouse gas emission allowances issued under the emissions trading system of the Union EU ETS and kept track of the ownership of EU
ETS allowances held in electronic accounts. It consisted of the registries of all Member States and a Central Administrator, designated by the Commission, that was to maintain an independent transaction log recording the issue, transfer and cancellation of allowances. That independent transaction log, the Community Independent Transaction Log CITL, was created pursuant to Article 5 of Regulation EC No 2216/2004. That CITL checked, recorded, and authorised automatically all transactions that took place between accounts in the national registries.
Where irregularities were identified through the automated checks, the CITL would terminate the transactions tainted by such irregularities and the central administrator had to inform the Member State or the Member States concerned thereof. In addition, that Member State or those Member States were held not to register the transactions or any other transaction relating to the allowances concerned until the irregularities had been solved.
2
Article 191 of Directive 2003/87/EC was amended by Directive 2009/29/EC, which replaced the national registries with a Union Registry. Article 3 of Directive 2009/29/EC, however, contained a transitional provision, due to which the provisions of Directive 2003/87/EC were to continue to apply until 31 December 2012. The CITL was, in the meantime, replaced by the European Union Transaction Log EUTL, which was established by Article 4 of
1 OJ L 275, 25.10.2003, p. 32.
2 Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community OJ L 140, 5.6.2009, p. 63.
3 Commission Regulation EC No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council OJ L 386, 29.12.2004, p. 1.
