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.)

The central administrator shall ensure that AEAs transferred in accordance with paragraphs 3 and 4 of this Article are only used for the purpose of fulfilling the Member State’s obligations under Article 4(1), (3) and (4) of Regulation (EU) 2018/841 and that those transfers are reflected in the EU LULUCF Compliance Account. The Union Registry shall block any subsequent transfer of AEAs from the LULUCF Compliance Account of the receiving Member State to the LULUCF Compliance Accounts of other Member States.

Where a Member State intends to make use of the flexibility referred to in Article 12(1) of Regulation (EU) 2018/841, such request shall be submitted within three months following the publication of the implementing act referred to in Article 38(4) of Regulation (EU) 2018/1999.

For the first LULUCF compliance period, the central administrator shall create in the EU MFLFA Central Account a number of MFLFAs equal to 50 % of the total amount of compensation available for the period 2021 to 2030 as set out in the second column of Annex VII to Regulation (EU) 2018/841.

MFLFAs shall only be valid for balancing out removals accounted for as emissions in the managed forest land accounting category of the Member State concerned with the view to meeting its commitments in accordance with Article 4(1) of Regulation (EU) 2018/841. MFLFAs shall only be eligible for transfer from the EU MFLFA Central Account to the LULUCF Compliance Account of the Member State concerned.

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

The central administrator shall ensure that, upon request of a Member State, the Union Registry transfers the requested quantity of MFLFAs from the EU MFLFA Central Account to the LULUCF Compliance Account of the requesting Member State. Such transfers shall not be carried out in any of the following cases:

Where a Member State’s total emissions exceed total removals in the managed forest land accounting category, and after exhausting the compensation provided for in accordance with the first sentence of paragraph 1, the central administrator shall ensure that the Union Registry transfers a requested amount of MFLFAs up to an amount unused by other Member States of the full amount of compensation for the period 2021 to 2025, as referred to in Article 59y(1), contained in the EU MFLFA Central Account to a Member State’s LULUCF Compliance Account, provided that the requesting Member State has submitted evidence to the Commission concerning the impact of natural disturbances pursuant to Article 13(4) of Regulation (EU) 2018/841.

Where the requests by Member States in accordance with paragraph 2 exceed the amount of MFLFAs available in the EU MFLFA Central Account, the central administrator shall distribute the remaining MFLFAs on a pro rata basis.

In order to avoid double counting, the central administrator shall ensure that when carrying out the transfers in accordance with paragraphs 1, 2 and 3, the Union Registry subtracts the corresponding quantities of MFLFAs from the EU MFLFA Central Account.

For the second LULUCF compliance period, the central administrator shall create in the EU LUFA Central Account a number of LUFAs equal to the maximum amount of 178 million tonnes of carbon dioxide equivalents available to all Member States for the period 2026 to 2030.

LUFAs shall only be valid to balance out net emissions or net removals, or both, accounted for as emissions against the target or the budget set for that Member State in accordance with Article 4(3) and (4) of Regulation (EU) 2018/841. LUFAs shall only be eligible for transfer from the EU LUFA Central Account to the LULUCF Compliance Account of the Member State concerned with a view to meeting its obligations under Article 4(3) and (4) of Regulation (EU) 2018/841.

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

The central administrator shall ensure that, upon request of a Member State, the Union Registry transfers a requested quantity of LUFAs from the EU LUFA Central Account to the LULUCF Compliance Account of the requesting Member State. Such transfers shall not be carried out in any of the following cases:

For the purpose of assessing whether the 2030 Union target as referred to in point (c) of paragraph 1 has been met, and after taking into account any methodological adjustments carried out pursuant to Article 59u(3), the central administrator shall take into account any unused LRUs remaining in the EU LULUCF Compliance Account for the first compliance period after the transfer of excess LRUs has been carried out pursuant to Article 27b(4), provided that one or more Member States has submitted evidence to the Commission concerning the impact of natural disturbances in accordance with Article 13b(5) of Regulation (EU) 2018/841.

Where the difference between the sum of emissions and removals in a Member State, and the target of that Member State or the budget of the Member State as set in accordance with Article 4(3) and (4) of Regulation (EU) 2018/841, is negative, and after exhausting the compensation referred to in the first sentence of paragraph 1 of this Article, the central administrator shall ensure that the Union Registry transfers a requested amount of LUFAs up to an amount unused by other Member States of the full amount of compensation for the period 2026 to 2030, as referred to Article 59aa(1) of this Regulation, contained in the EU LUFA Central Account, to a Member State’s LULUCF Compliance Account, provided that the requesting Member State has submitted evidence to the Commission concerning the impact of natural disturbances in accordance with Article 13b(5) of Regulation (EU) 2018/841.

Where the requests by Member States in accordance with paragraph 3 exceed the amount of unused LUFAs available in the EU LUFA Central Account, the central administrator shall distribute the remaining LUFAs on a pro rata basis.

Where the difference between the sum of emissions and removals in a Member State, and the target of that Member State or the budget of the Member State as set in accordance with Article 4(3) and (4) of Regulation (EU) 2018/841, is negative, the central administrator shall ensure that the Union Registry transfers a requested amount of LUFAs from the second compliance period and unused MFLFAs from the first LULUCF compliance period up to the full amount of unused compensation in the period 2021 to 2030, as laid down in the second column of Annex VII to Regulation (EU) 2018/841, but not exceeding 50 million tonnes of carbon dioxide equivalents in total, from the EU LUFA Central Account and the EU MFLFA Central Account to the LULUCF Compliance Account of the requesting Member State. Such transfers shall not be carried out in any of the following cases:

In order to avoid double counting, the central administrator shall ensure that when carrying out the transfers in accordance with this Article, the Union Registry subtracts the corresponding quantities of LUFAs or MFLFAs transferred to the LULUCF Compliance Account of the requesting Member State from the EU LUFA Central Account and the EU MFLFA Central Account.

For the purpose of paragraphs 1 and 5, there is a surplus in the ESR Compliance Accounts if, at the time of the request for transfer of LUFAs, the sum of the AEAs in the ESR Compliance Accounts of the Member State concerned for the years 2026 to 2030 is higher than the sum of the emissions in the same compliance accounts.

The central administrator shall create in the Central Additional Compensation Account for Finland a number of AFAFs equal to the maximum amount of 5 million tonnes of carbon dioxide equivalent. The central administrator shall ensure that the Union Registry assigns each AFAF a unique unit identification code upon its creation.

The central administrator shall ensure that, upon the request of Finland, the Union Registry transfers a requested amount of AFAFs from the Central Additional Compensation Account for Finland to the LULUCF Compliance Account for Finland. Such transfers shall not be carried out in any of the following cases:

The central administrator shall block any subsequent transfer of the AFAFs from the Member State LULUCF Compliance Account for Finland.

The central administrator shall ensure that after a period of time set out in Article 38(5) of Regulation (EU) 2018/1999 for the exercise of flexibilities pursuant to Articles 12, 13, 13a and 13b of Regulation (EU) 2018/841, the Union Registry determines the compliance status figure for the Member State LULUCF Compliance Accounts by subtracting the total quantity of accounted or reported emissions from the total quantity of accounted or reported removals taking into account any flexibilities used pursuant to Regulations (EU) 2018/841 and (EU) 2018/842 in the Member State LULUCF Compliance Account.

In the first LULUCF compliance period, where the compliance status figure of a Member State’s LULUCF Compliance Account determined pursuant to paragraph 1 is negative, the central administrator shall ensure that the Union Registry transfers to that Member State’s LULUCF Compliance Account the quantity of AEAs needed to bring the compliance status figure to zero, in equal parts from the ESR Compliance Accounts of the Member State concerned for the years 2021, 2022, 2023, 2024 and 2025. If the quantity of AEAs needed to bring the compliance status figure to zero is not a multiple of five, the quantity of AEAs that exceeds the highest multiple of five shall be transferred in equal parts from the compliance accounts of years 2022, 2023, 2024, and 2025, or, if that is not possible, in equal parts from the compliance accounts of years 2023, 2024, and 2025, or, if that is not possible, in equal parts from the compliance accounts of years 2024 and 2025, or, if that is not possible, from the 2025 compliance account.

As a consequence of paragraph 2, the central administrator shall ensure that the Union Registry recalculates the compliance status figure for the Member State LULUCF Compliance Account concerned taking into account the amounts of transferred AEAs.

Where the compliance status figure of a Member State LULUCF Compliance Account determined pursuant to paragraph 1 is positive, the central administrator shall ensure that the Union Registry transfers all the remaining LRUs to the EU LULUCF Compliance Account.

In the second LULUCF compliance period, if a Member State fails to comply with the budget set for that Member State, recalculated if necessary in accordance with Article 59u(4), the central administrator shall ensure that the Union Registry transfers an amount equal to the amount in tonnes of carbon dioxide equivalent of the excess greenhouse gas net emissions or net removals accounted for as emissions, multiplied by a factor of 1,08, to the greenhouse gas net emissions figure reported by that Member State in 2032 for the year 2030 as laid down in Column C of Annex IIa to Regulation (EU) 2018/841.

The central administrator shall take all reasonable steps to ensure that:

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.

The central administrator shall keep interruptions to the operation of the Union Registry  ————— to a minimum.

National administrators shall provide assistance and support to account holders and account representatives in the Union Registry that are administered by them through national helpdesks.

The central administrator shall provide support to national administrators through a central helpdesk for the purposes of helping them to provide assistance in accordance with paragraph 1.

Account representatives shall be able to access their accounts in the Union Registry through the secure area of the Union Registry. The central administrator shall ensure that the secure area of the Union Registry website is accessible through the internet. The website of the Union Registry shall be available in all official languages of the Union.

National administrators shall be able to access the accounts they administer in the Union Registry through the secure area of the Union Registry. The central administrator shall ensure that this secure area of the Union Registry website is accessible through the internet.

Communications between authorised representatives or national administrators and the secure area of the Union Registry shall be encrypted having regard to the security requirements set out in the data exchange and technical specifications provided for in Article 75.

The central administrator shall take all necessary steps to ensure that unauthorised access to the secure area of the Union Registry website does not occur.

If the security of the credentials of an authorised representative has been compromised, this authorised representative shall immediately suspend its access to the relevant account, inform the administrator of the account thereof and request new credentials. If the account cannot be accessed in order to suspend the access, the authorised representative shall immediately request the national administrator to suspend its access.

The central administrator shall ensure that national administrators and each authorised representative are assigned credentials to authenticate them for the purposes of accessing the Union Registry.

An authorised representative shall only have access to accounts in the Union Registry for which he is authorised and shall only be able to request the initiation of processes for which he is authorised pursuant to Article 21. That access or request shall take place through a secure area of the website of the Union Registry.

In addition to the credentials referred to in paragraph 1, an authorised representative shall use secondary authentication to access the Union Registry, having regard to the types of secondary authentication mechanisms set out in the data exchange and technical specifications provided for in Article 75.

The administrator of an account may assume that a user who was successfully authenticated by the Union Registry is the authorised representative registered under the provided authentication credentials, unless the authorised representative informs the administrator of the account that the security of his credentials has been compromised and requests a replacement of his credentials.

The authorised representative shall take all necessary measures to prevent the loss, theft or compromise of its credentials. The authorised representative shall immediately report to the national administrator the loss, theft or compromise of its credentials.

The central administrator may temporarily suspend access to the Union Registry  ————— 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  ————— within the meaning of Commission Decision (EU, Euratom) 2017/46 ([^E0015]), including the back-up facilities referred to in Article 60. In case the reasons for suspension persist for more than five working days, the Commission may instruct the central administrator to keep the suspension in place.

A national administrator who becomes aware of a breach of security or a security risk shall promptly inform the central administrator. The central administrator may take the measures referred to in paragraph 1.

A national administrator who becomes aware of a situation, as described in paragraph 1, which requires the suspension of all access to the accounts that it administers in accordance with this Regulation, shall suspend all access to all accounts it administers and shall promptly inform the central administrator. The central administrator shall inform all national administrators as soon as possible.

Account holders shall be informed about measures taken pursuant to paragraphs 1, 2 and 3 with such prior notice of the suspension as practicable. The notice shall include the likely duration of the suspension and shall be clearly displayed on the public area of the Union Registry web site.

A national administrator or a national administrator acting on instruction of the competent authority or a relevant authority under national law may suspend access to allowances in the part of the Union Registry it administers in any of the following cases:

The Commission may instruct the central administrator to suspend access to allowances in the Union Registry  ————— for a maximum period of four weeks if it suspects that the allowances have been the subject of a transaction constituting fraud, money laundering, terrorist financing, corruption or other serious crime.

The national administrator or the Commission shall immediately inform the competent law enforcement authority of the suspension.

A national law enforcement authority of the Member State of the national administrator may also request the administrator to implement a suspension on the basis of and in accordance with national law.

The central adminsitrator and the national administrators shall cooperate with public bodies charged with the supervision of compliance under Directive 2003/87/EC and public bodies competent for the oversight of primary and secondary markets in allowances in order to ensure that they can acquire a consolidated overview of allowances markets.

The national administrator, its directors and its employees shall cooperate fully with the relevant competent authorities to establish adequate and appropriate procedures to forestall and prevent operations related to money laundering or terrorist financing.

The national administrator, its directors and its employees, shall cooperate fully with the financial intelligence unit (FIU) referred to in Article 32 of Directive (EU) 2015/849 by promptly:

The information referred to in paragraph 2 shall be forwarded to the FIU of the Member State of the national administrator. The national measures transposing the compliance management and communication policies and procedures, referred to in Article 45(1) of Directive (EU) 2015/849, shall designate the person or persons responsible for forwarding information pursuant to this Article.

The Member State of the national administrator shall ensure that the national measures transposing Articles 37, 38, 39, 42 and 46 of Directive (EU) 2015/849 apply to the national administrator.

Account holders shall immediately report any fraud or suspected fraud to the competent national law enforcement authority. That report shall be forwarded to the national administrators.

The Commission may instruct the central administrator to temporarily suspend the acceptance  ————— of some or all processes originating from the Union Registry if it is not operated and maintained in accordance with the provisions of this Regulation. It shall immediately notify national administrators concerned.

The central administrator may temporarily suspend the initiation or acceptance of some or all processes in the Union Registry for the purposes of carrying out scheduled or emergency maintenance on the Union Registry.

A national administrator may request the Commission to reinstate processes suspended in accordance with paragraph 1 if it considers that the outstanding issues that caused the suspension have been resolved. If this is the case, the Commission shall instruct the central administrator to reinstate those processes. It shall otherwise reject the request within a reasonable period and inform the national administrator without delay, stating its reasons and setting out criteria to be fulfilled for a subsequent request to be accepted.

The Commission may, including at the request 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, instruct the central administrator to temporarily suspend the acceptance by the  Union Registry of relevant processes for that Member State relating to free allocation and auctioning.

Where, pursuant to Article 53(1), the clearing system of the auction platform notifies the Commission of an amendment to an auction table due to the withholding of allowances in accordance with Article 22(5) of Regulation (EU) No 1031/2010, the central administrator shall enter that notified revised auction table in the Union Registry and shall not transfer the allowances concerned.

Where the clearing system of the relevant auction platform fails to notify an amendment to an auction table pursuant to paragraph 5, and if such a notification has been made by an auctioneer appointed in accordance with Article 22 of Regulation (EU) No 1031/2010, the central administrator shall suspend the transfer of allowances for that Member State.

Where, following a new appointment of an auctioneer in accordance with Article 22 of Regulation (EU) No 1031/2010, the clearing system of the auction platform notifies the Commission of an amendment to an auction table regarding the identity and the contact details of the new auctioneer, the central administrator shall enter the revised auction table in the Union Registry and shall transfer the allowances on behalf of the new auctioneer to the auction collateral delivery account of the clearing system of the relevant auction platform.

Except where an auction has been cancelled in accordance with Article 7(5) or (6) or Article 9 of Regulation (EU) No 1031/2010, the central administrator shall suspend the transfer of allowances as specified in the respective auction table entered in the Union Registry in any of the following cases:

All processes must conform to the general IT-requirements of electronic messaging that ensure the successful reading, checking and recording of a process by the Union Registry. All processes must conform to the specific process-related requirements set out in this Regulation.

The central administrator shall ensure that the Union Registry conducts automated checks having regard to the data exchange and technical specifications provided for in Article 75 of this Regulation for all processes to identify irregularities and discrepancies, where the proposed process does not conform to the requirements of Directive 2003/87/EC, of Regulations (EU) 2018/841 and (EU) 2018/842, and of this Regulation.

The central administrator and Member States shall ensure that the Union Registry contain check input codes and check response codes to ensure the correct interpretation of information exchanged during each process. The check codes shall have regard to those contained in the data exchange and technical specifications provided for in Article 75.

The central administrator shall ensure that, prior to and during the execution of all processes, the Union Registry conducts appropriate automated checks to ensure that discrepancies are detected and incorrect processes are terminated in advance of automated checks being conducted by the  Union Registry.

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.

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.

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.

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.

The Commission shall make available to national administrators data exchange and technical specifications laying down operational requirements for the Union Registry including the identification codes, automated checks, response codes and data logging requirements, as well as the testing procedures and security requirements.

The data exchange and technical specifications shall be drawn up in consultation with the Member States.

Standards developed in accordance with agreements under Article 25 of Directive 2003/87/EC shall be consistent with the data exchange and technical specifications drawn up in accordance with paragraphs 1 and 2 of this Article.

In relation to the processing of personal data in the Union Registry  —————, the national administrators shall be regarded as controllers within the meaning of Article 4(7) of Regulation (EU) 2016/679. In relation to its responsibilities under this Regulation and the processing of personal data involved therein, the Commission shall be regarded as a controller within the meaning of Article 3(8) of Regulation (EU) 2018/1725.

In the case of a personal data breach detected by a national administrator, it shall without undue delay inform the central administrator and other national administrators about the nature and possible consequences of the breach and the measures taken and proposed to be taken to address the personal data breach and to mitigate the possible adverse effects.

In the case of a personal data breach detected by the central administrator, it shall without undue delay inform the national administrators about the nature and possible consequences of the breach and the measures taken by the central administrator and proposed to be taken by national administrators to address the personal data breach and to mitigate the possible adverse effects.

Arrangements on the respective responsibilities of the controllers for compliance with their data protection obligations shall be included in the terms of cooperation drawn up pursuant to Article 7(4).

The central administrator and Member States shall ensure that the Union Registry  ————— only store and process the information concerning the accounts, account holders and account representatives as set out in Table III-I of Annex III, Tables VI-I and VI-II of Annex VI, Table VII-I of Annex VII, and Table VIII-I of Annex VIII. Any other information to be provided pursuant to this Regulation shall be stored and processed outside the Union Registry  —————.

National administrators shall ensure that information required by this Regulation but not stored in the Union Registry  ————— are processed in accordance with the relevant provisions of Union and national law.

No special categories of data as defined in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725 shall be recorded in the Union Registry  —————.

The central administrator shall ensure that the Union Registry stores records concerning all processes, log data and account holders for five years after the closure of an account.

Personal data shall be removed from the records after five years of the closure of an account or after five years of the closure of business relationship, as defined in Article 3(13) of Directive (EU) 2015/849, with a natural person.

Personal data may be retained, with access restricted to the central administrator, for additional five years only for the purposes of investigation, detection, prosecution, tax administration or enforcement, auditing and financial supervision of activities involving allowances, or of money laundering, terrorism financing, other serious crime or market abuse for which the accounts in the Union Registry may be an instrument, or of breaches of Union or national law ensuring the functioning the EU ETS.

For the purposes of investigation, detection, prosecution, tax administration or enforcement, auditing and financial supervision of activities involving allowances, or of money laundering, terrorism financing, other serious crime or market abuse for which the accounts in the Union Registry may be an instrument, or of breaches of Union or national law ensuring the functioning the EU ETS, personal data controlled by national administrators may be retained after the closure of the business relationship until the end of a period corresponding to the maximum prescription period of these offences laid down in the national law of the national administrator.

Account information containing personal data, gathered pursuant to the provisions of this Regulation and not stored in the Union Registry or the EUTL shall be retained according to the provisions of this Regulation.

The central administrator shall ensure that national administrators are able to access, query and export all records held in the Union Registry in relation to accounts that are or were administered by them.

The central administrator shall make available the information referred to in Annex XIII to the recipients set out in Annex XIII in a transparent and organised manner. The central administrator shall take all reasonable steps to make available the information referred to in Annex XIII at the frequencies set out in Annex XIII. The central administrator shall not release additional information held  ————— in the Union Registry unless this is permitted under Article 80.

National administrators may also make available the part of the information referred to in Annex XIII that they have access to in accordance with Article 80 at the frequencies and to the recipients set out in Annex XIII in a transparent and organised manner on a site publicly accessible via the internet. National administrators shall not release additional information held in the Union Registry unless this is permitted under Article 80.

All information, including the holdings of all accounts, all transactions made, the unique unit identification code of the allowances held or affected by a transaction, held in  ————— the Union Registry shall be considered confidential except as otherwise required by Union law, or by provisions of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.

The central administrator and the national administrators shall ensure that all persons who work or who have worked for them or entities to whom tasks are delegated, as well as experts instructed by them, are bound by the obligation of professional secrecy. They shall not divulge any confidential information which they may receive in the course of their duties, without prejudice to requirements of national criminal or taxation law or the other provisions of this Regulation.

The central administrator or national administrator may provide data stored in the Union Registry  ————— or gathered pursuant to this Regulation to the following entities:

Data may be provided to the entities referred to in paragraph 3 upon their request to the central administrator or to a national administrator if such requests are justified and necessary for the purposes of investigation, detection, prosecution, tax administration or enforcement, auditing and financial supervision of activities involving allowances, or of money laundering, terrorism financing, other serious crime, market abuse for which the accounts in the Union Registry may be an instrument, or of breaches of Union or national law ensuring the functioning the EU ETS.  Those entities shall make any requests to the central administrator or to a national administrator by using the template set out in Annex XIV.

An entity receiving data in accordance with paragraph 4 shall ensure that the data received is only used for the purposes stated in the request in accordance with paragraph 4 and is not made available deliberately or accidentally to persons not involved in the intended purpose of the data use. This provision shall not preclude these entities to make the data available to other entities listed in paragraph 3, if this is necessary for the purposes stated in the request made in accordance with paragraph 4.

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.

Europol shall obtain permanent read-only access to data stored in the Union Registry  —————for the purposes of Article 18 of Regulation (EU) 2016/794 of the European Parliament and of the Council ([^E0018]). Europol shall keep the Commission informed of the use it makes of the data.

National administrators shall make available through secure means to all other national administrators and the central administrator the name, nationality and date and place of birth of persons for whom they refused to open an account in accordance with points (a), (b) and (c) of Article 19(2), or whom they refused to nominate as an authorised representative in accordance with points (a) and (b) of Article 21(5), and the name, nationality and birth date of the account holder and the authorised representatives of accounts to which access has been suspended in accordance with Articles 30(1)(c), 30(2)(a), 30(3)(a) and (b) and Article 30(4) or of accounts that have been closed in accordance with Article 28. National administrators shall ensure that the information is kept up to date and no longer shared when the grounds giving rise to sharing cease to exist. The information shall not be shared for more than five years.

National administrators may decide to notify to national law enforcement and tax authorities all transactions that involve a number of units above the number determined by the national administrator and to notify any account that is involved in a number of transactions within a period that is above a number determined by the national administrator.

————— The Union Registry shall not require account holders to submit price information concerning allowances.

The auction monitor appointed pursuant to Article 24 of Regulation (EU) No 1031/2010 shall have access to all information concerning the auction collateral delivery account held in the Union Registry.

The central administrator shall not charge any fees to account holders in the Union Registry.

National administrators may charge reasonable fees to account holders and verifiers administered by them.

National administrators shall notify the central administrator of the fees charged and of any changes in the fees within ten working days. The central administrator shall display fees on a public website.

Accounts, as specified in Chapter 3 of Title I of this Regulation, opened or used pursuant to Commission Regulation (EU) No 389/2013 shall remain in use for the purposes of this Regulation.

Person holding accounts opened pursuant to Article 18 of Regulation (EU) No 389/2013 shall be transformed into trading accounts.

Kyoto units as defined in Article 3(12) of Regulation (EU) No 389/2013 may be held in ETS accounts in the Union Registry until 1 July 2023.

After the date referred to in paragraph 1, the central administrator shall provide national administrators with a list of the ETS accounts holding Kyoto units. On the basis of this list, the national administrator shall request the account holder to specify a KP account to which such international credits shall be transferred.

If the account holder has not responded to the national administrator's request within 40 working days, the national administrator shall transfer the international credits to a national KP account or an account defined by national law.

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.’;

The central administrator shall ensure that the Union Registry stores records concerning all processes, log data and account holders for five years after the closure of an account.

Personal data shall be removed from the records after five years of the closure of an account or after five years of the closure of business relationship, as defined in Article 3(13) of Directive (EU) 2015/849, with the natural person.

Personal data may be retained, with access restricted to the central administrator, for additional five years only for the purposes of investigation, detection, prosecution, tax administration or enforcement, auditing and financial supervision of activities involving allowances, or of money laundering, terrorism financing, other serious crime or market abuse for which the accounts in the Union Registry may be an instrument, or of breaches of Union or national law ensuring the functioning the EU ETS.

For the purposes of investigation, detection, prosecution, tax administration or enforcement, auditing and financial supervision of activities involving allowances, or of money laundering, terrorism financing, other serious crime or market abuse for which the accounts in the Union Registry may be an instrument, or of breaches of Union or national law ensuring the functioning the EU ETS, personal data controlled by national administrators may be retained after the closure of the business relationship until the end of a period corresponding to the maximum prescription period of these offences laid down in the national law of the national administrator.

Account information containing personal data, gathered pursuant to the provisions of this Regulation and not stored in the Union Registry or the EUTL shall be retained according to the provisions of this Regulation.

The central administrator shall ensure that national administrators are able to access, query and export all records held in the Union Registry in relation to accounts that are or were administered by them.’