Diario Oficial de la Unión Europea del 21/8/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
L 206/2
EN
Official Journal of the European Union
21.8.2023
Commission Regulation EU No 920/2010 4. That Commission Regulation was replaced by Commission Regulation EU No 389/2013 5, which in its Article 4 established the Union Registry. That Commission Regulation was, in its turn and save for its Article 3, point 30, replaced by Commission Delegated Regulation EU 2019/1122 6. Delegated Regulation EU 2019/1122 now thus contains the rules for the functioning of the Union Registry for phase 4 of the EU emissions trading system EU ETS, which started on 1 January 2021, and all EU ETS allowances issued from 1 January 2012 onwards are to be held in the Union Registry. As a result of the centralisation of the registries, the EUTL has become part of the Union Registry, which should be reflected in Delegated Regulation EU 2019/1122. The Union Registry thus performs, since 1 January 2012, all the functions of the EUTL.
3
As part of the modernisation of the IT infrastructure of the Union Registry, its role and possible evolution are periodically reassessed by the Commission as the central administrator in order to remove IT redundancies i.e.
reference to some IT components instead of functions or checks and prepare the infrastructure for future evolutions of the IT framework, however without affecting its functionality or security. While such modernisation will affect the way the automated checks are performed, all the checks prescribed by Article 202 of Directive 2003/87/EC ensuring that there are no irregularities when issuing, transferring or cancelling allowances, should be maintained.
4
Currently, users of the Union Registry can initiate transfers without any limitations depending on the thresholds value of the transfer. To improve the security of high value transactions, the use of trusted account lists for transactions above a particular threshold should be mandatory.
5
In its Communication of 13 October 2021 on rising energy prices 7, the Commission asked the European Securities Market Authority to examine more closely patterns of trading behaviours and the potential need for targeted actions on the European carbon market. One of the important sources for that analysis by the European Securities Market Authority were the Union Registry data on the ownership and transfers of allowances in the Union Registry. The analysis showed that for market monitoring purposes, it would be beneficial to add to Delegated Regulation EU 2019/1122 a requirement to identify transactions of emission allowances between account holders that are part of the same group. At this moment, information on the group structure is required only for operator holding accounts. The requirement to provide this information should be introduced for trading accounts as well.
6
Article 803 of Delegated Regulation EU 2019/1122 lists entities that can obtain data from the Union Registry.
Council Regulation EU 2017/1939 8 established the European Public Prosecutors Office EPPO, which is responsible for investigating, prosecuting and bringing to judgment crimes against the financial interests of the Union since 1 June 2021. Those crimes include several types of fraud, VAT fraud with damages above 10 million euro, money laundering, corruption, etc. It is therefore appropriate to add the EPPO to the entities listed in Article 803 of Delegated Regulation EU 2019/1122.
7
Delegated Regulation EU 2019/1122 should therefore be amended accordingly.
4 Commission Regulation EU No 920/2010 of 7 October 2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council OJ L 270, 14.10.2010, p. 1.
5 Commission Regulation EU No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations EU No 920/2010 and EU No 1193/2011 OJ L 122, 3.5.2013, p. 1.
6 Commission Delegated Regulation EU 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry OJ L 177, 2.7.2019, p. 3.
7 Communication from the Commission of 13 October 2021 to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, Tackling rising energy prices: a toolbox for action and support, COM2021 660 final.
8 Council Regulation EU 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutors Office the EPPO OJ L 283, 31.10.2017, p. 1.
