Commission Regulation (EU) 2018/208 of 12 February 2018 amending Regulation (EU) No 389/2013 establishing a Union Registry (Text with EEA relevance. )
Commission Regulation (EU) 2018/208of 12 February 2018amending Regulation (EU) No 389/2013 establishing a Union Registry(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/ECOJ L 275, 25.10.2003, p. 32., and in particular Articles 12 and 19 thereof,Whereas:(1)The registries system ensures the accurate accounting of transactions under the EU emissions trading system (EU ETS) set up by Directive 2003/87/EC, the Kyoto Protocol and Decision No 406/2009/EC of the European Parliament and of the CouncilDecision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).. Registries are standardised and secured electronic databases containing common data elements to track the issue, holding, transfer and cancellation of the relevant units, to provide for public access and confidentiality as appropriate and to ensure that there are no transfers which are incompatible with the obligations.(2)Where necessary and for as long as necessary in order to protect the environmental integrity of the EU ETS, aviation operators and other operators in the EU ETS may not use allowances that are issued by 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 ("TEU"). In the light of the negotiations pursuant to Article 50 TEU, and pursuant to Article 12(3) of Directive 2003/87/EC, the Commission should regularly assess whether prohibiting the use of allowances is still necessary, in particular in situations where Union law does not yet cease to apply in that Member State or where it is sufficiently ensured that the surrender of allowances takes place in a legally enforceable manner before the Treaties cease to apply.(3)This Regulation should enter into force as a matter of urgency and apply from 1 January 2018 in order for the measures to take effect for allowances to be allocated for free, received in exchange of international credits or auctioned in 2018. The provisions therein are without prejudice to any future agreement with such a Member State.(4)Appropriate technical measures should be put in place to ensure the effectiveness of this Regulation at the time of its application.(5)The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,HAS ADOPTED THIS REGULATION: