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 (Text with EEA relevance.)

Type Delegated Regulation
Publication 2019-07-02
Last updated 2026-04-27
State In force
Department CLIMA, European Commission
Source EUR-Lex
articles 131
Reform history JSON API
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 the sum of all allowances surrendered for the current period less the sum of all verified emissions corresponding to their fuel released for consumption in the current period and including the preceding year. The compliance status figure shall not be calculated for accounts that had their previous compliance status figure zero or positive and the year of last emissions was set to a year before the preceding year.

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.

CHAPTER 2 Transactions

Section 1 General

Article 34

Only transactions expressly provided for in this Regulation for each account type shall be initiated by that account type.

Article 35
Execution of transfers
1.

For all transactions specified in this Chapter, an out of band confirmation shall be required by the Union Registry before the transaction can be proposed for execution. Subject to Article 20(4), a transaction shall only be proposed for execution where an authorised representative initiated and another account representative has approved the transaction out of band.

2.

The central administrator shall ensure that all transfers specified in Article 55 to accounts indicated on the trusted account list are executed immediately if they are proposed for execution between 10:00 and 16:00 CET on working days.

A transfer to accounts indicated on the trusted accounts list proposed for execution at any other time shall be executed on the same working day at 10:00 CET, if it is proposed for execution before 10:00 CET, or on the following working day at 10:00 CET, if it is proposed for execution after 16:00 CET.

3.

The central administrator shall ensure that all transfers specified in Article 55 to accounts not indicated on the trusted account list and transfers from an Auction Collateral Delivery Account, proposed for execution before 12.00 CET of a working day, are executed at 12.00 CET of the following working day. Transactions proposed for execution after 12.00 CET of a working day shall be executed at 12.00 CET of the second working day following the day of proposal for execution.

4.

The central administrator shall ensure that transfers are finalised before 16.00 CET on the day of execution.

5.

The central administrator shall ensure that the Union Registry enables to abort a transaction, which is subject to execution rules set out in paragraph 3, before its execution. An authorised representative may initiate aborting a transaction at least two hours before its execution. If aborting a transaction was initiated because of suspected fraud, the account holder shall immediately report it to the competent national law enforcement authority. That report shall be forwarded to the national administrator within 7 working days.

6.

If an account representative or the account holder suspects that a transfer, which is subject to execution rules in paragraph 3, was proposed for execution fraudulently, at the latest two hours before its execution, the account representative or the account holder may request the national administrator, or the central administrator where appropriate, to abort the transfer on behalf of the account representative or the account holder. The account holder shall report the suspected fraud to the competent national law enforcement authority immediately following the request. That report shall be forwarded to the national administrator or the central administrator where appropriate, within 7 working days.

7.

Upon proposal for execution, a notification shall be sent to all account representatives indicating the proposed execution of the transfer. Upon initiation of aborting a transaction pursuant to paragraph 5, a notification shall be sent to all account representatives and the national administrator administering the account.

8.

For the purposes of Article 3(11), Member States may decide that for a given year national public holidays are not to be considered as working days for the purposes of application of this Regulation in that Member State. Such decision shall specify those days and shall be published by 1 December of the year preceding the year concerned.

Article 36
Nature of allowances and finality of transactions
1.

An allowance shall be a fungible, dematerialised instrument that is tradable on the market.

2.

The dematerialized nature of allowances shall imply that the record of the Union Registry shall constitute prima facie and sufficient evidence of title over an allowance, and of any other matter which is by this Regulation directed or authorised to be recorded in the Union Registry.

3.

The fungibility of allowances shall imply that any recovery or restitution obligations that may arise under national law in respect of an allowance shall only apply to the allowance in kind.

Subject to Article 58 and the reconciliation process provided for in Article 73, a transaction shall become final and irrevocable upon its finalisation pursuant to Article 74. Without prejudice to any provision of or remedy under national law that may result in a requirement or order to execute a new transaction in the Union Registry, no law, regulation, rule or practice on the setting aside of contracts or transactions shall lead to the unwinding in the registry of a transaction that has become final and irrevocable under this Regulation.

An account holder or a third party shall not be prevented from exercising any right or claim resulting from the underlying transaction that they may have in law, including to recovery, restitution or damages, in respect of a transaction that has become final in the Union Registry, for instance in case of fraud or technical error, as long as this does not lead to the reversal, revocation or unwinding of the transaction in the Union Registry.

4.

A purchaser and holder of an allowance acting in good faith shall acquire title to an allowance free of any defects in the title of the transferor.

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 installation holding accounts, aircraft operator holding accounts, maritime operator holding accounts or third country government deletion accounts.

Section 2 Creation of allowances

Article 37
Creation of allowances
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 Entity Auction Account as appropriate, and shall create or cancel accounts and allowances as made necessary by Union acts, including as may be required by Directive 2003/87/EC or Article 10(1) of Regulation (EU) No 1031/2010.

2.

The central administrator shall ensure that the Union Registry assigns each allowance a unique unit identification code upon its creation.  Regulated entity allowances shall be made distinguishable at all times from general allowances.

3.

Allowances created from 1 January 2021 onwards shall include an indication showing in which ten-year period beginning from 1 January 2021 they were created.

4.

The central administrator shall ensure that the ISIN-codes defined in ISO 6166 for the allowances are displayed in the Union Registry.

5.

Subject to paragraph 6, allowances created pursuant to the national allocation table of a Member State which has notified the European Council of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union, or to be auctioned by an Auction Platform appointed by such a Member State, shall be identified by a country code and shall be made distinguishable according to the year of creation.

6.

Allowances created shall not be identified with a country code:

  • (a) For years where Union law does not yet cease to apply in that Member State by 30 April of the following year or where it is sufficiently ensured that the surrender of allowances must take place in a legally enforceable manner before the Treaties cease to apply in that Member State;
  • (b) If allowances were created in respect of years where ensuring compliance with Directive 2003/87/EC for emissions taking place during these years is required by an agreement setting out arrangements for the withdrawal of a Member State which has notified its intention to withdraw from the Union, and the instruments of ratification of both parties to the withdrawal agreement are deposited.

Section 3 Account transfers before auctions and allocation

Article 38
Transfer of general allowances for stationary installations and maritime operators 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 2003/87/EC, for the Recovery and Resilience Facility established pursuant to Regulation (EU) 2021/241 of the European Parliament and of the Council ([^E0008]), and for the Social Climate Fund established by Regulation (EU) 2023/955 of the European Parliament and of the Council ([^E0009]), as represented by their auctioneer appointed in accordance with Regulation (EU) No 1031/2010, general allowances for stationary installations and maritime operators from the EU Total Quantity Account into the EU Auction Account in a quantity corresponding to the annual volumes determined pursuant to Article 10 of that Regulation.

2.

In case of adjustments to the annual volumes in conformity with Article 14 of Regulation (EU) No 1031/2010, the central administrator shall transfer a corresponding quantity of general allowances from the EU Total Quantity Account to the EU Auction Account or from the EU Auction Account to the EU Total Quantity Account, as the case may be.

Article 39
Transfer of general allowances for stationary installations 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 of each Member State.

Article 40
Transfer of aviation allowances 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 ([^E0010]) general allowances for aviation from the EU Aviation Total Quantity Account to the EU Auction Account in a quantity corresponding to the annual volumes determined pursuant to that Regulation.

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 from the EU Auction Account to the EU Aviation Total Quantity Account, as the case may be.

Article 41
Transfer of general allowances to be allocated free of charge to aircraft operators

The central administrator shall, in a timely manner, transfer general allowances from the EU Aviation Total Quantity Account into the EU Aviation Allocation Account in a quantity corresponding to the sum of the allowances allocated free of charge according to the national aviation allocation table of each Member State.

Article 42a
Transfer of regulated entity allowances to be auctioned
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 entity allowances from the EU Regulated Entity Total Quantity Account into the EU Regulated Entity Auction Account in a quantity corresponding to the annual volumes determined pursuant to Article 13 of that Regulation.

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 Entity Auction Account or from the EU Regulated Entity Auction Account to the EU Regulated Entity Total Quantity Account, as the case may be.

Article 43
Transfer of general allowances to the EU Total Quantity-Account

At the end of each trading period, the central administrator shall transfer all allowances remaining on the EU Allocation Account to the EU Total Quantity Account.

Section 4 Allocation to stationary installations

Article 46
Entry of national allocation tables into the Union Registry
1.

Each Member State shall notify its national allocation table for the period 2021-2025 and for the period 2026-2030 to the Commission by 31 December 2020 and 31 December 2025 respectively. Member States shall ensure that national allocation tables include the information set out in Annex X.

2.

The Commission shall instruct the central administrator to enter the national allocation table into the Union Registry if it considers that the national allocation table is in conformity with Directive 2003/87/EC, Delegated Regulation (EU) 2019/331 and decisions adopted by the Commission pursuant to Article 10c of Directive 2003/87/EC. It shall otherwise reject the national allocation table within a reasonable period and inform the Member State concerned without delay, stating its reasons and setting out criteria to be fulfilled for a subsequent notification to be accepted. That Member State shall submit a revised national allocation table to the Commission within three months.

Article 47
Changes to the national allocation tables
1.

The central administrator shall ensure that any change to the national allocation table pursuant to the rules governing free allocation to stationary installations are carried out in the Union Registry.

2.

Upon introduction of a change pursuant to paragraph 1, a notification shall be sent to the national administrator administering the installation affected by the change.

3.

A Member State shall notify the Commission of changes to its national allocation table concerning allocation free of charge pursuant to Article 10c of Directive 2003/87/EC.

On receiving a notification pursuant to the first subparagraph, the Commission shall instruct the central administrator to make the corresponding changes to the national allocation table held in the Union Registry if it considers that the changes to the national allocation table are in conformity with Article 10c of Directive 2003/87/EC. It shall otherwise reject the changes within a reasonable period and inform the Member State concerned without delay, stating its reasons and setting out criteria to be fulfilled for a subsequent notification to be accepted.

Article 48
Free allocation of general allowances
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.

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 automatic transfer specified in the data exchange and technical specifications provided for in Article 75.

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.

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 the stationary installation, and the competent authority has requested the stationary installation to return such excess allowances.

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 which the allocation relate, without informing the competent authority.

Section 5 Allocation to aircraft operators

Article 49
Changes to the national aviation allocation tables
1.

Member States shall notify the Commission of changes to their national aviation allocation tables.

1a. Changes to the national aviation allocation tables done in accordance with Decision of the EEA Joint Committee No 334/2023 ([^E0011]) shall be notified to the Commission by the Member State allocating the allowances.

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 reject the changes within a reasonable period of time and inform the Member State without delay, stating its reasons and setting out criteria to be fulfilled for a subsequent notification to be accepted.

3.

If a merger between aircraft operators involves aircraft operators that are administered by different Member States, the change shall be initiated by the national administrator administering the aircraft operator whose allocation is to be merged into the allocation of another aircraft operator. Before carrying out the change, consent shall be obtained from the national administrator administering the aircraft operator whose allocation will incorporate the allocation of the merged aircraft operator.

Article 50
Free allocation of allowances to aircraft operators
1.

The national administrator shall indicate for each aircraft operator and for each year whether or not the aircraft operator should receive an allocation for that year in the national aviation allocation table.

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 allocation table, having regard to the modalities of the automatic transfer specified in the data exchange and technical specifications provided for in Article 75.

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 administrator of the other registry, shall ensure that the Union Registry transfers general allowances from the EU Aviation Allocation Account to the corresponding accounts in the other registry.

4.

Where an agreement pursuant to Article 25 of Directive 2003/87/EC is in force and requires transferring aviation allowances corresponding to another greenhouse gas emissions trading system to aircraft operators holding accounts in the Union Registry, the central administrator, in cooperation with the administrator of the other registry, shall ensure that the Union Registry transfers those aviation allowances from the corresponding accounts of the other registry to the aircraft operator holding accounts in the Union Registry, upon approval by the competent authority responsible for the administration of the other greenhouse gas emissions trading system.

5.

Where an excluded aircraft 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.

6.

The central administrator shall ensure that an aircraft operator can transfer returning excess allowances to the EU Aviation Allocation Account where the national aviation allocation table of a Member State has been changed pursuant to Article 49 to correct for an over allocation of allowances to the aircraft operator, and the competent authority has requested the aircraft operator to return such excess allowances.

7.

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 aircraft operator ceased the activities to which the allocation relate, without informing the competent authority.

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 subsequently changed to excluded status.

Article 51
Return of allowances from aircraft operators

When a change to the national aviation allocation table is carried out pursuant to Article 25a of Directive 2003/87/EC after the transfer of allowances to the aircraft operator holding accounts for a given year in accordance with Article 50 of this Regulation, the central administrator shall execute any transfer required by any measure adopted pursuant to Article 25a of Directive 2003/87/EC.

Section 6 Auction

Article 52
Entry of auction tables into the  Union Registry
1.

Within one month of the determination and before the publication of an auction calendar pursuant to Articles 11(1), 13(1), 13(2) or 32(4) of Regulation (EU) No 1031/2010, the relevant settlement system or clearing system as defined in Regulation (EU) No 1031/2010 shall provide the Commission with the corresponding auction table.

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 table includes the information set out in Annex XII.

2.

The Commission shall instruct the central administrator to enter the auction table into the  Union Registry if it considers that the auction table is in conformity with Regulation (EU) No 1031/2010. It shall otherwise reject the auction table within a reasonable period and inform the settlement system or clearing system, as defined in Regulation (EU) No 1031/2010, without delay, stating its reasons and setting out the criteria to be fulfilled for a subsequent submission to be accepted. The said settlement system or clearing system shall accordingly submit a revised auction table to the Commission within three months.

3.

Each auction table or revised auction table which is subsequently entered into the  Union Registry pursuant to paragraph 2 of this Article shall constitute a transfer order, as defined in Article 2(i) of Directive 98/26/EC of the European Parliament and of the Council.

Without prejudice to Article 53(3), the moment of submission of each such auction table or revised auction table to the Commission, shall constitute the moment of entry of a transfer order into a system, as defined in Article 2(a) of Directive 98/26/EC, pursuant to Article 3(3) of that Directive.

Article 53
Changes to the auction tables
1.

The relevant settlement system or clearing system as defined in Regulation (EU) No 1031/2010 shall immediately notify the Commission of any necessary amendment to the auction table.

2.

The Commission shall instruct the central administrator to enter the revised auction table into the  Union Registry if it considers that the revised auction table is in conformity with Regulation (EU) No 1031/2010. It shall otherwise reject the changes within a reasonable period and inform the said settlement system or clearing system without delay, stating its reasons and setting out the criteria to be fulfilled for a subsequent notification to be accepted.

3.

The Commission may instruct the central administrator to suspend the transfer of allowances as specified in an auction table if it becomes aware of a necessary amendment to the auction table that the aforementioned settlement system or clearing system has failed to notify.

Article 54
Auctioning of allowances
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 appointed in accordance with Regulation (EU) No 1031/2010, the following to the relevant auction collateral delivery account in accordance with the relevant auction table:

  • (a) general allowances from the EU Auction Account;
  • (b) until 31 December 2024, aviation allowances from the EU Aviation Auction Account;
  • (c) from 1 January 2025, general allowances for aviation from the EU Auction Account;
  • (d) from 1 January 2027, regulated entity allowances from the EU Regulated Entity Auction Account.
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.

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 respectively.

Section 7 Trading

Article 55
Transfers of allowances
1.

Subject to paragraph 2, upon request of an account holder, the central administrator shall ensure that the Union Registry carries out a transfer of allowances to any other account unless such a transfer is prevented by the status of the initiating or receiving account.

2.

Operator 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 duly signed statement submitted to the national administrator.

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(5) of Regulation (EU) No 600/2014 of the European Parliament and of the Council ([^E0012]), or has been cleared at a central counterparty pursuant to Regulation (EU) No 648/2012.

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.

Section 8 Surrender of allowances

Article 56
Surrender of allowances
1.

An operator shall surrender allowances by proposing to the Union Registry to:

  • (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 of the operator in the current period.
2.

The central administrator shall ensure that the Union Registry prevents proposal for execution of surrendering allowances that are not to be taken into account for the calculation of the compliance status figure pursuant to Article 33(1).

3.

An allowance that was already surrendered may not be surrendered again.

4.

Where an agreement is in force in accordance with Article 25 of Directive 2003/87/EC, paragraphs 1, 2 and 3 of this Article shall apply to units issued under the greenhouse gas emissions trading system linked to the EU ETS.

5.

Allowances which have a country code pursuant to Article 37(5) may not be surrendered.

Section 9 Deletion of allowances

Article 57
Deletion of allowances
1.

The central administrator shall ensure that the Union Registry carries out any request from an account holder pursuant to Article 12(4) of Directive 2003/87/EC to delete allowances held in the accounts of the account holder by:

  • (a) transferring a specified number of allowances from the relevant account into the Union Deletion Account;
  • (b) recording the number of transferred allowances as deleted for the current year.
2.

Deleted allowances shall not be recorded as surrendered for any emissions.

Section 10 Transaction reversal

Article 58
Reversal of finalised processes initiated in error
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 transaction in a written request.  The request shall be duly signed by the authorised representative or representatives of the account holder that are authorised to initiate the type of transaction to be reversed and shall be posted within thirty working days of the finalisation of the process. The request shall contain a statement indicating that the transaction was initiated erroneously or unintentionally.

2.

Account holders may propose the reversal of the following transactions:

  • (a) surrender of allowances;
  • (b) deletion of allowances.
3.

If the administrator of the account establishes that the request fulfils the conditions under paragraph 1 and agrees with the request, it may propose the reversal of the transaction in the Union Registry.

4.

If a national administrator unintentionally or erroneously initiated one of the transactions referred to in paragraph 5, it may propose to the central administrator to carry out a reversal of the completed transaction in a written request. The request shall contain a statement indicating that the transaction was initiated erroneously or unintentionally.

5.

National administrators may propose the reversal of the following transactions:

  • (a) allocation of general allowances;
  • (b) allocation of aviation allowances.
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 met:

  • (a) a transaction surrendering or deleting allowances to be reversed was not completed more than 40 working days prior to the account administrator’s proposal in accordance with paragraph 3;
  • (b) after the reversal of surrendering transaction no operator would become non-compliant as a result of the reversal.
7.

The central administrator shall ensure that the Union Registry accepts the proposal for reversal made pursuant to paragraph 4, blocks the units that are to be transferred by the reversal and forwards the proposal to the central administrator provided that the following conditions are met:

  • (a) the destination account of the transaction to be reversed still holds the amount of units of the type that were involved in the transaction to be reversed;
  • (b) the allocation of general allowances to be reversed was carried out after the withdrawal date of the installation's permit or after the installation fully or partially ceased operations.
8.

The central administrator shall ensure that the Union Registry completes the reversal with units of the same unit type on the destination account of the transaction that is being reversed.

Article 58a
Restitution of allowances
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 the activities carried out by the operator are out of the scope of that Directive.

2.

The number of allowances to be restituted shall be determined by applying the following formula and shall be rounded to the nearest integer:

Image omitted; see official source

Where:

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 ([^E0013]).

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.

The inflation is determined based on the consumer index price based on the European Union’s harmonised Index of Consumer Price.

3.

The same type of allowances that were initially surrendered shall be restituted from the Union deletion account to the operator holding account.

Article 59
Implementation of linking arrangements

The central administrator may create accounts and processes and undertake transactions and other operations at appropriate times to implement agreements and arrangements made pursuant to Articles 25 and 25a of Directive 2003/87/EC.

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.

TITLE IIA SPECIFIC PROVISIONS FOR ACCOUNTING TRANSACTIONS UNDER REGULATIONS (EU) 2018/842 AND (EU) 2018/841

CHAPTER 1 Transactions under Regulation (EU) 2018/842

Article 59a
Creation of AEAs
1.

At the beginning of the compliance period, the central administrator shall create in the EU ESR AEA Total Quantity Account a quantity of AEAs equal to the sum of the annual emission allocations for all Member States for all the years of the compliance period as set out in Article 10(2) of Regulation (EU) 2018/842 and in the Decisions adopted pursuant to Article 4(3), and Article 10, of Regulation (EU) 2018/842.

1a. The central administrator shall create in the EU Annex II AEA Total Quantity Account a quantity of AEAs equal to the sum of all annual emission allocations for all eligible Member States for all the years of the compliance period as set out in the Decisions adopted pursuant to Article 4(3) and (4) of Regulation (EU) 2018/842 based on the percentages notified by Member States under Article 6(3), (3a) and (3b) of that Regulation.

2.

The central administrator shall ensure that the Union Registry assigns each AEA a unique unit identification code upon its creation.

Article 59b
Annual emission allocation units

AEAs shall be valid for the purpose of meeting the Member States’ greenhouse gas emissions limitation requirements pursuant to Article 4 of Regulation (EU) 2018/842 and their commitments and targets under Article 4 of Regulation (EU) 2018/841. They shall be transferable only pursuant to conditions laid down in Article 5(1) to (5a), Article 6, Article 9(2) and Article 11, of Regulation (EU) 2018/842, and Article 12(1) of Regulation (EU) 2018/841.

Article 59c
Transfer of AEAs to each ESR Compliance Account
1.

At the beginning of the compliance period, the central administrator shall transfer a quantity of AEAs corresponding to the annual emission allocation for each Member State for each year as set out in Article 10(2) of Regulation (EU) 2018/842 and in the Decisions adopted pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842 from the EU ESR AEA Total Quantity Account into the relevant ESR Compliance Account.

2.

Where on the closure of the Member State ESD Compliance Account for year 2020 pursuant to Article 31 of Regulation (EU) No 389/2013, the total quantity of greenhouse gas emissions expressed in tonnes of carbon dioxide equivalent in that ESD Compliance Account exceeds the sum of all AEAs, international credits, tCERs and lCERs, the amount corresponding to the quantity of emissions in excess, multiplied by the abatement factor specified in Article 7(1)(a) of Decision 406/2009/EC, shall be deducted from the quantity of the AEAs transferred to the Member State ESR Compliance Account for year 2021 pursuant to paragraph 1 of this Article.

Article 59d
Introduction of the relevant greenhouse gas emissions data
1.

In a timely manner, upon availability of the relevant reviewed greenhouse gas emissions data for a given year of the compliance period for the majority of Member States, the central administrator shall enter the total quantity of the relevant reviewed greenhouse gas emissions expressed in tonnes of carbon dioxide equivalent for each Member State in its ESR Compliance Account for that given year of the compliance period.

2.

The central administrator shall also enter the sum of the relevant reviewed greenhouse gas emissions data for all Member States for a given year in the EU ESR AEA Total Quantity Account.

Article 59e
Calculation of the balance of the ESR Compliance Account
1.

Upon introduction of the relevant greenhouse gas emissions data pursuant to Article 59d, the central administrator shall ensure that the Union Registry calculates the balance of the respective ESR Compliance Account by subtracting the total quantity of reviewed greenhouse gas emissions expressed in tonnes of carbon dioxide equivalent in the respective ESR Compliance Account from the sum of all AEAs in the same ESR Compliance Account.

2.

The central administrator shall ensure that the Union Registry displays the balance of each ESR Compliance Account.

Article 59f
Determination of the compliance status figures
1.

The central administrator shall ensure that 6 months after the introduction of the relevant greenhouse gas emissions data pursuant to Article 59d of this Regulation for the year 2025 and 2030 the Union Registry determines the compliance status figure for each ESR Compliance Account for the year 2021 and 2026 by calculating the sum of all AEAs, credits pursuant to Article 24a of Directive 2003/87/EC and  LRUs less the total quantity of reviewed greenhouse gas emissions expressed in tonnes of carbon dioxide equivalent in the same ESR Compliance Account.

2.

The central administrator shall ensure that the Union Registry determines the compliance status figure for each ESR Compliance Account for each of the years 2022 to 2025 and 2027 to 2030 by calculating the sum of all AEAs, credits pursuant to Article 24a of Directive 2003/87/EC and  LRUs less the total quantity of reviewed greenhouse gas emissions expressed in tonnes of carbon dioxide equivalent in the same ESR Compliance Account at a date falling one month following the determination of the compliance status figure for the previous year.

The central administrator shall ensure that the Union Registry records the compliance status figure for each ESR Compliance Account.

Article 59g
Application of Article 9(1)(a) and (b) of Regulation (EU) 2018/842
1.

Where the compliance status figure determined pursuant to Article 59f of this Regulation is negative, the central administrator shall ensure that the Union Registry transfers the exceeding quantity of reviewed greenhouse gas emissions expressed in tonnes of carbon dioxide equivalent multiplied by the factor of 1,08 specified in Article 9(1)(a) of Regulation (EU) 2018/842 from a Member State's ESR Compliance Account for the given year to its ESR Compliance Account for the next year.

2.

At the same time, the central administrator shall block the ESR Compliance Accounts corresponding to the remaining years of the compliance period, of the Member State concerned.

3.

The central administrator shall change the ESR Compliance Account status from blocked to open for all the remaining years of the compliance period as of the year for which the compliance status figure determined pursuant to Article 59f is zero or positive.

Article 59h
Use of flexibility laid down in Article 6 of Regulation (EU) 2018/842

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of AEAs from the EU Annex II AEA Total Quantity Account to that Member State's ESR Compliance Account for a given year of the compliance period. Such transfer shall not be carried out in any of the following cases:

  • (a) the Member State's request is submitted before the calculation of the balance of the ESR Compliance Account or after the determination of the compliance status figure for the given year;
  • (b) the Member State that made the request is not listed in Annex II to Regulation (EU) 2018/842;
  • (c) the requested amount exceeds the total remaining balance of the Annex II to Regulation (EU) 2018/842 amount available for that Member State as set out in the Decisions adopted pursuant to Article 4(3) and (4) of Regulation (EU) 2018/842, taking into account any revision of the amount pursuant to Article 6(3), second subparagraph, of that Regulation, and taking into account any notifications sent to the Commission under Article 6(3a) and (3b) of that Regulation;
  • (d) the requested amount exceeds the quantity of the emissions for the given year plus the quantity of AEAs transferred from Member State’s ESR Compliance Account for that given year to its LULUCF Compliance Account pursuant to Article 59x(3), 59x(4) or 59ad(2) of this Regulation, minus the quantity of AEAs for that given year as set in the Decisions adopted pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842.
Article 59i
Borrowing of AEAs

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of AEAs to that Member State's ESR Compliance Account for a given year of the compliance period from its ESR Compliance Account for the following year of the compliance period. Such transfer shall not be carried out in any of the following cases:

  • (a) the Member State's request is submitted before the calculation of the balance of the ESR Compliance Account or after the determination of the compliance status figure for the given year;
  • (b) the requested amount exceeds  7,5 per cent of the following year's annual emission allocation as determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842 in respect of the years 2021 to 2025 and 5 per cent of the following year's annual emission allocation as determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842 in respect of the years 2026 to 2029.
Article 59j
Banking of AEAs

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of AEAs from that Member State's ESR Compliance Account for a given year of the compliance period to its ESR Compliance Account for any of the following years of the compliance period. Such transfer shall not be carried out in any of the following cases:

  • (a) the Member State's request is submitted before the calculation of the balance of the ESR Compliance Account for the given year;
  • (b) in respect of the year 2021, the requested amount exceeds the positive balance of the account as calculated pursuant to Article 59e or 75 % of that Member State’s annual emission allocations in 2021, as determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842;
  • (c) in respect of the years 2022 to 2029, the requested amount exceeds the positive balance of the account as calculated pursuant to Article 59e of this Regulation or  25 % of that Member State's' cumulative annual emission allocations up to that year, as determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842;
  • (d) the status of the ESR Compliance Account initiating the transfer does not allow the transfer.
Article 59k
Use of Land Removal Units (‘LRUs’)

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of LRUs from that Member State’s LULUCF Compliance Account to that Member State’s ESR Compliance Account. Such transfer shall not be carried out in any of the following cases:

  • (a) the requested amount exceeds the available quantity of LRUs eligible for transfer into the ESR Compliance Account pursuant to Article 59x(1) or the remaining amount;
  • (b) the request concerns a transfer:
  • (i) to an ESR Compliance Account of a year within the period 2021 to 2025 and the requested amount exceeds half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842, or the amount remaining in the period 2021 to 2025;
  • (ii) to an ESR Compliance Account of a year within the period 2026 to 2030 and the requested amount exceeds half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842, or the amount remaining in the period 2026 to 2030;
  • (c) the requested amount exceeds the quantity of emissions for the given year less the quantity of AEAs for the given year as set out in Article 10(2) of Regulation (EU) 2018/842 and the Decisions adopted pursuant to Article 4(3) and Article 10 of that Regulation, and less the sum of all the AEAs banked from previous years to the current or any following year pursuant to Article 59j of this Regulation;
  • (d) that Member State has not reported on its intention to make use of the flexibility set out in Article 7 of Regulation (EU) 2018/842, as required in point (n)(iii) of Annex V to Regulation (EU) 2018/1999 of the European Parliament and of the Council ([^E0014]);
  • (e) that Member State has not complied with Regulation (EU) 2018/841;
  • (f) the Member State’s request is submitted before the calculation of the balance of the LULUCF Compliance Account of that Member State or after the determination of the compliance status figure for the given compliance period pursuant to Articles 59u and 59ad;
  • (g) the Member State’s request is submitted after three months have passed since the calculation of the balance of the LULUCF Compliance Account of that Member State for the given period;
  • (h) the Member State’s request is submitted before the calculation of the balance of the ESR Compliance Account of that Member State or after the determination of the compliance status figure for the given year.
Article 59l
Ex ante transfers of a Member State's annual emission allocation

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of AEAs from the ESR Compliance Account for a given year of that Member State to the ESR Compliance Account of another Member State. Such transfer shall not be carried out in any of the following cases:

  • (a) in respect of the years 2021 to 2025, the requested amount exceeds  10 per cent of the given year's annual emission allocation of the initiating Member State as determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842 or the remaining amount available;
  • (b) in respect of the years 2026 to 2030, the requested amount exceeds  15 per cent of the given year's annual emission allocation of the initiating Member State as determined pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842 or the remaining amount available;
  • (c) the Member State has requested the transfer to an ESR Compliance Account for a year before the given year;
  • (d) the status of the ESR Compliance Account initiating the transfer does not allow the transfer;
  • (e) the Member State has not informed the Climate Change Committee established by Regulation (EU) 2018/1999 of its intention to transfer part of its annual emission allocation for any given year, as required by Article 5(5a) of Regulation (EU) 2018/842.
Article 59m
Transfers after the calculation of the balance of the ESR Compliance Account

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of AEAs from the ESR Compliance Account for a given year of that Member State to the ESR Compliance Account of another Member State. Such transfer shall not be carried out in any of the following cases:

  • (a) the Member State's request is submitted before the calculation of the balance of the account pursuant to Article 59e;
  • (b) the requested amount exceeds the positive balance of the account as calculated pursuant to Article 59e or the remaining amount;
  • (c) the status of the ESR Compliance Account initiating the transfer does not allow the transfer;
  • (d) the Member State has not informed the Climate Change Committee established by Regulation (EU) 2018/1999 of its intention to transfer part of its annual emission allocation for any given year, as required by Article 5(5a) of Regulation (EU) 2018/842.
Article 59n
Safety Reserve

Upon introduction of the relevant greenhouse gas emissions data pursuant to Article 59d of this Regulation for the year 2030, the central administrator shall create in the EU ESR Safety Reserve Account a quantity of additional AEAs equal to the difference between  60 % of the sum of reviewed emissions for the year 2005 of all Member States as determined following the methodology in the Decision adopted pursuant to Article 4(3) of Regulation (EU) 2018/842 and the sum of the relevant reviewed greenhouse gas emissions data for all Member States for the year 2030. Such amount shall be between 0 and 105 million AEAs.

Article 59o
First round of distribution of the Safety Reserve
1.

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of AEAs from the EU ESR Safety Reserve Account to that Member State's ESR Compliance Account for any of the years from 2026 to 2030 as required by the Member State. Such transfers shall not be carried out in any of the following cases:

  • (a) the request refers to an ESR Compliance Account for a year other than the years 2026 to 2030;
  • (b) the Member State's request is made before the calculation of the balance for the year 2030;
  • (c) the Member State's request is made less than 6 weeks before the determination of the compliance status figure for the ESR Compliance Account for the year 2026;
  • (d) the request was made by a Member State which is not listed in the Decision published pursuant to Article 11(5) of Regulation (EU) 2018/842;
  • (e) the requested amount exceeds 20 % of that Member State's overall overachievement in the period from 2013 to 2020 as determined in the Decision published pursuant to Article 11(5) of Regulation (EU) 2018/842 or the amount as reduced pursuant to paragraph 3 of this Article, or the remaining amount available;
  • (f) the quantity of AEAs sold to other Member States pursuant to Articles 59l and 59m exceeds the quantity of AEAs acquired from other Member States pursuant to Articles 59l and 59m;
  • (g) the requested amount exceeds the quantity of the excess emissions for the given year when taking into account the following:
  • (i) the quantity of AEAs for the given year as set out in the Decisions adopted pursuant to Article 4(3) and Article 10 of Regulation (EU) 2018/842;
  • (ii) the quantity of AEAs acquired to or sold from the ESR Compliance Account for the given year, pursuant to Articles 59l and 59m;
  • (iii) the full quantity of AEAs banked from previous years to the current or any following years pursuant to Article 59j;
  • (iv) the total quantity of AEAs allowed for borrowing to that year under Article 59i;
  • (v) the quantity of  LRUs eligible for the transfers into the ESR Compliance Accounts pursuant to Article 59x or the remaining amount available pursuant to Article 59m.
2.

Six weeks before the determination of the compliance status figure for the year 2026, the central administrator shall ensure that the Union Registry calculates and displays the total sum of AEAs requested by all Member States under paragraph 1.

3.

Where the sum referred in paragraph 2 is higher than the total quantity of AEAs in the EU ESR Safety Reserve Account, the ecntral administrator shall ensure that the Union Registry carries out a transfer of each amount requested by each Member State reduced on a pro rata basis.

4.

The central administrator shall ensure that the Union Registry calculates the pro rata reduced amount by multiplying the requested amount by the ratio of the total quantity of AEAs in the EU ESR Safety Reserve Account and the total amount requested by all Member States pursuant to paragraph 1.

Article 59p
Second round of distribution of the Safety Reserve
1.

Where the sum referred in Article 59o(2) is lower than the total quantity of AEAs in the EU ESR Safety Reserve Account, the central administrator shall ensure that the Union Registry authorises additional requests from Member States provided that:

  • (a) Member State's request is made at the earliest six weeks before the determination of the compliance status figure for the year 2026 but no later than 3 weeks before the determination of the compliance status figure for the year 2026;
  • (b) the request was made by a Member State which is listed in the Decision published pursuant to Article 11(5) of Regulation (EU) 2018/842;
  • (c) the quantity of AEAs sold to other Member States pursuant to Articles 59l and 59m does not exceed the quantity of AEAs acquired from other Member States pursuant to Articles 59l and 59m;
  • (d) the transferred amount does not exceed the quantity of the excess emissions for the given year when taking into account all the amounts listed under Article 59o(1)(g) and the quantity of AEAs received pursuant to Article 59o.
2.

If the sum of all valid requests is higher than the remaining total amount, the central daministrator shall ensure that the Union Registry calculates the amount to be transferred for each valid request by multiplying the remaining total quantity of AEAs in the EU ESR Safety Reserve Account with the ratio of that request to the sum of all requests fulfilling the criteria set out in paragraph 1.

Article 59q
Adjustments
1.

In case of adjustments pursuant to Article 10 of Regulation (EU) 2018/842 or of any other modification of the sum specified in Article 59a of this Regulation that would lead to an increase of a Member State's annual emission allocation during the compliance period, the central administrator shall create the corresponding quantity of AEAs in the EU ESR AEA Total Quantity Account and transfer it in the relevant ESR Compliance Account of the Member State concerned.

2.

In case of adjustments pursuant to Article 10 of Regulation (EU) 2018/842 or of any other modification of the sum specified in Article 59a of this Regulation that would lead to a decrease of a Member State's annual emission allocation during the compliance period, the central administrator shall transfer the corresponding quantity of AEAs from the Member State's relevant ESR Compliance Account to the ESR Deletion Account.

3.

Where a Member State notifies a downward change of the percentage under the second subparagraph of Article 6(3) of Regulation (EU) 2018/842 and following the corresponding amendment to the amounts specified in the Decision adopted pursuant to Article 4(3) of Regulation (EU) 2018/842, the central administrator shall transfer the corresponding quantity of AEAs from the EU Annex II AEA Total Quantity Account to the ESR Deletion Account. The total amount available for that Member State under Article 6 of Regulation (EU) 2018/842 shall be modified accordingly.

4.

Where a Member State notifies an upward change of the percentage under Article 6(3), second subparagraph, of Regulation (EU) 2018/842 and following the correspondent amendment of the amounts specified in the Decision adopted pursuant to Article 4(3) of Regulation (EU) 2018/842, the central administrator shall create the corresponding quantity of AEAs in the EU Annex II AEA Total Quantity Account.

Article 59r
Transfers of previously banked AEAs

The central administrator shall ensure that, upon request of a Member State, the Union Registry carries out a transfer of AEAs to a Member State's ESR Compliance Account for a given year of the compliance period from its ESR Compliance Account for any of the following years of the compliance period. Such transfer shall not be carried out where:

  • (a) the requested amount exceeds the quantity of AEAs banked pursuant to Article 59j in the ESR Compliance Account from which the transfer is intended;
  • (b) the Member State's request is made before the calculation of the balance or after the determination of the compliance status figure of the ESR Compliance Account to which the transfer is intended.
Article 59s
1.

For all transfer specfied in this Title, Articles 34, 35 and 55 shall apply mutatis mutandis.

2.

Transfers to the ESR Compliance accounts or Member State LULUCF Compliance Accounts initiated in error may be reversed at the request of the national administrator.

CHAPTER 2 Transactions under Regulation (EU) 2018/841

Article 59t
Introduction of the LULUCF-relevant data
1.

For the first LULUCF compliance period, in a timely manner and upon availability of the relevant reviewed greenhouse gas emissions and removals data in 2027, the central administrator shall enter into the Member State LULUCF Compliance Account the sum of the quantities of accounted emissions or accounted removals in each land accounting category referred to in Article 2(1), points (a) to (f), of Regulation (EU) 2018/841.

2.

The central administrator shall ensure that the sum of accounted emissions and accounted removals for each Member State, referred to in paragraph 1, is entered in the EU LULUCF Compliance Account.

3.

For the second LULUCF compliance period, in a timely manner and upon availability of the relevant reviewed greenhouse gas emissions and removals data in 2032, the central administrator shall enter into the Member States LULUCF Compliance Account the sum of the quantities of reported emissions and reported removals in the land reporting categories or sectors referred to in Article 2(2), points (a) to (j), of Regulation (EU) 2018/841.

4.

For the second LULUCF compliance period, the central administrator shall ensure that the EU LULUCF Compliance Account reflects the Union target as laid down in Article 4(2) of Regulation (EU) 2018/841, and the Member State LULUCF Compliance Account reflects the value set for that Member State in Column C of Annex IIa to Regulation (EU) 2018/841. The central administrator shall also ensure that the Member State LULUCF Compliance Account reflects the budget and trajectory set for that Member State in accordance with Article 4(4), first subparagraph, and Article 4(5) of Regulation (EU) 2018/841 for the years 2026, 2027, 2028 and 2029.

5.

The central administrator shall ensure that the sum of reported emissions and reported removals for each Member State, referred to in paragraph 3, is entered into the EU LULUCF Compliance Account.

Article 59u
Calculation of the balance of the Member State LULUCF Compliance Account and the EU LULUCF Compliance Account
1.

Upon introduction of the LULUCF-relevant data pursuant to Article 59t of this Regulation relating to the first LULUCF compliance period, the central administrator shall ensure that the Union Registry calculates the balance of the Member State LULUCF Compliance Account by subtracting the total quantities of emissions from the total quantities of removals in each land accounting category as referred to in Article 2(1), points (a) to (f), of Regulation (EU) 2018/841. The central administrator shall ensure that the Union Registry includes the sum of the results of the calculation in the EU LULUCF Compliance Account.

2.

Upon introduction of the LULUCF-relevant data pursuant to Article 59t of this Regulation relating to the second LULUCF compliance period, the central administrator shall ensure that the Union Registry calculates the balance of the Member State LULUCF Compliance Account by subtracting the total quantity of emissions from the total quantity of removals in all land reporting categories or sectors referred to in Article 2(2), points (a) to (j), of Regulation (EU) 2018/841. The central administrator shall ensure that the Union Registry reflects the result of the calculation in the EU LULUCF Compliance Account.

3.

In the second LULUCF compliance period, where there has been a change of methodology used by the Member States under Regulation (EU) 2018/1999, resulting in a difference between the average greenhouse gas inventory data as submitted in 2020 for the years 2016, 2017 and 2018 and the average greenhouse gas inventory data as submitted for the same years in 2032, the central administrator shall ensure that the Union Registry calculates the difference between the average greenhouse gas inventory data as submitted in 2020 and the reviewed average greenhouse gas inventory data for the same years as submitted in 2032. Based on the results of the calculation, the Union Registry shall recalculate the sum of the greenhouse gas inventory data for the Union as a whole, as laid down in Column B of Annex IIa to Regulation (EU) 2018/841, in order to align with the Union target laid down in Article 4(2) of that Regulation.

4.

In the second LULUCF compliance period, where there has been a change of methodology used by the Member States under Regulation (EU) 2018/1999, resulting in a difference between the average greenhouse gas inventory data as submitted in 2025 for the years 2021, 2022 and 2023 and the average greenhouse gas inventory data as submitted for the same years in 2032, the central administrator shall ensure that the Union Registry calculates the difference between the reviewed average greenhouse gas inventory data as submitted in 2025 and the reviewed average greenhouse gas inventory data for the same years as submitted in 2032. Based on the results of the calculations carried out in accordance with this paragraph and paragraph 3 of this Article, the Union Registry shall ensure that the budget for Member States is recalculated accordingly.

Article 59v
Creation of LRUs
1.

Where the balance of the Member State LULUCF Compliance Account calculated pursuant to Article 59u is positive, the central administrator shall issue in the LULUCF Compliance Account of that Member State a number of LRUs corresponding to the quantity of removals in excess for both LULUCF compliance periods.

2.

During both LULUCF compliance periods, LRUs shall only be eligible for transferring to other Member State LULUCF Compliance Accounts in accordance with the conditions laid down in Articles 11 and 12 of Regulation (EU) 2018/841 and to the ESR Compliance Accounts of the Member State concerned in accordance with the conditions laid down in Article 59k of this Regulation.

3.

The central administrator shall ensure that the Union Registry assigns each LRU a unique unit identification code upon its creation.

Article 59w
Transfers of LRUs between the Member State LULUCF Compliance Accounts
1.

The central administrator shall ensure that, upon request of a Member State holding LRUs, and after taking into account any LRUs transferred pursuant to Article 59x, the Union Registry transfers a requested quantity of LRUs from the LULUCF Compliance Account of the requesting Member State to the LULUCF Compliance Account of another Member State.

2.

The transfers referred to in paragraph 1 shall not be carried out in any of the following cases:

  • (a) the Member State concerned has requested to transfer an amount of LRUs that exceeds the amount needed by the receiving Member State to bring the balance of its LULUCF Compliance Account calculated pursuant to Article 59u to zero;
  • (b) the Member State’s request is submitted after the determination of the compliance status figure for the given compliance period pursuant to Article 59ad;
  • (c) the amount of the LRUs available is not sufficient to allow such transfer.
3.

The central administrator shall ensure that the LRUs transferred in accordance with paragraph 1 of this Article are used only for the purpose of fulfilling the obligations of the receiving Member State under Article 4(1), (3) and (4) of Regulation (EU) 2018/841. The Union Registry shall block any subsequent transfer of the LRUs from the LULUCF Compliance Account of the receiving Member State into its ESR Compliance Account.

Article 59x
Transfers of LRUs and AEAs between the Member State LULUCF Compliance Accounts and the ESR Compliance Accounts
1.

The central administrator shall ensure that the Union Registry identifies and displays, in the LULUCF Compliance Account of the Member State holding LRUs, the quantity of LRUs eligible for transfer to the ESR Compliance Account of that Member State by subtracting the LRUs that are not eligible for transfers under Article 59w(3) from the total quantity of LRUs in the same Compliance Account.

2.

The central administrator shall ensure that, upon request of a Member State holding LRUs, the Union Registry transfers a requested amount of eligible LRUs from the LULUCF Compliance Account of the requesting Member State to its ESR Compliance Account. Such transfers shall only be carried out in accordance with the conditions laid down in Article 59k.

3.

Where, in the first LULUCF compliance period, the balance of the Member State LULUCF Compliance Account calculated pursuant to Article 59u is negative, the central administrator shall ensure that, upon request of that Member State, the Union Registry transfers a requested quantity of AEAs from the ESR Compliance Account for a given year of the requesting Member State to its LULUCF Compliance Account. Such transfers shall not be carried out in any of the following cases:

  • (a) the Member State concerned has requested to transfer an amount of AEAs that exceeds the amount needed to bring the balance of the LULUCF Compliance Account calculated pursuant to Article 59u to zero;
  • (b) the Member State’s request is submitted more than three months after the calculation of the balance of the Member State LULUCF Compliance Account for the given period;
  • (c) the status of the ESR Compliance Account does not allow such transfer.
4.

Where, in the second LULUCF compliance period, the sum of the Member State LULUCF Compliance Account calculated pursuant to Article 59u is below the target set in Column C of Annex IIA to Regulation (EU) 2018/841 for that Member State, or is below the budget set for that Member State, the central administrator shall ensure that, upon request of that Member State, the Union Registry transfers a requested quantity of AEAs from the ESR Compliance Account for a given year of the requesting Member State to its LULUCF Compliance Account. Such transfers shall not be carried out in any of the following cases:

  • (a) the Member State concerned has requested to transfer an amount of AEAs that exceeds the amount needed to bring the balance of the LULUCF Compliance Account calculated pursuant to Article 59u in line with the target set in Column C of Annex IIa to Regulation (EU) 2018/841 for that Member State or in line with the budget as referred to in Article 4(4) of Regulation (EU) 2018/841;
  • (b) the Member State’s request is submitted more than three months after the calculation of the balance of the Member State LULUCF Compliance Account for the given period;
  • (c) the status of the ESR Compliance Account does not allow such transfer.

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