ISSN 1725-2555

Official Journal

of the European Union

L 200

European flag  

English edition

Legislation

Volume 50
1 August 2007


Contents

 

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

 

 

REGULATIONS

 

 

Commission Regulation (EC) No 914/2007 of 31 July 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

 

*

Commission Regulation (EC) No 915/2007 of 31 July 2007 amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security ( 1 )

3

 

*

Commission Regulation (EC) No 916/2007 of 31 July 2007 amending Regulation (EC) No 2216/2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council ( 1 )

5

 

*

Commission Regulation (EC) No 917/2007 of 31 July 2007 setting, for the 2007/2008 marketing year, the minimum price to be paid to producers for unprocessed dried figs and the production aid for dried figs

40

 

 

Commission Regulation (EC) No 918/2007 of 31 July 2007 fixing the import duties in the cereals sector applicable from 1 August 2007

41

 

 

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

 

 

DECISIONS

 

 

Council and Commission

 

 

2007/541/EC, Euratom

 

*

Council and Commission Decision of 28 June 2007 on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

44

 

 

Council

 

 

2007/542/EC

 

*

Council Decision of 16 July 2007 appointing four Cypriot members and four Cypriot alternate members to the Committee of the Regions

46

 

 

2007/543/EC

 

*

Council Decision of 23 July 2007 concerning the accession of Bulgaria and Romania to the Convention on the establishment of a European Police Office (Europol Convention)

47

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

1.8.2007   

EN

Official Journal of the European Union

L 200/1


COMMISSION REGULATION (EC) No 914/2007

of 31 July 2007

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 1 August 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)   OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).


ANNEX

to Commission Regulation of 31 July 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

42,6

TR

61,5

XS

44,3

ZZ

49,5

0707 00 05

TR

99,1

ZZ

99,1

0709 90 70

TR

94,4

ZZ

94,4

0805 50 10

AR

61,2

UY

62,3

ZA

62,7

ZZ

62,1

0806 10 10

EG

153,1

MA

147,7

TR

181,8

ZZ

160,9

0808 10 80

AR

86,8

AU

160,4

BR

87,0

CL

90,5

CN

67,9

NZ

101,8

US

99,6

ZA

100,7

ZZ

99,3

0808 20 50

AR

78,6

CL

79,0

NZ

154,7

TR

136,3

ZA

129,2

ZZ

115,6

0809 20 95

CA

361,1

TR

285,7

US

303,7

ZZ

316,8

0809 30 10 , 0809 30 90

TR

154,9

ZZ

154,9

0809 40 05

IL

110,5

ZZ

110,5


(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ ZZ ’ stands for ‘of other origin’.


1.8.2007   

EN

Official Journal of the European Union

L 200/3


COMMISSION REGULATION (EC) No 915/2007

of 31 July 2007

amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2320/2002 of the European Parliament and the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1), and in particular Article 4(2) thereof,

Whereas:

(1)

The Commission is required, by virtue of Regulation (EC) No 2320/2002, when necessary, to adopt measures for the implementation of common basic standards for aviation security throughout the Community. Commission Regulation (EC) No 622/2003 of 4 April 2003 laying down measures for the implementation of the common basic standards on aviation security (2) was the first act laying down such measures.

(2)

The measures provided for by Regulation (EC) No 622/2003 on restricting liquids carried by passengers arriving on flights from third countries and transferring at Community airports should be reviewed in the light of technical developments, operational implications at airports and the impact on passengers.

(3)

Regulation (EC) No 622/2003 should therefore be amended accordingly.

(4)

Such a review has shown that the restrictions on liquids carried by passengers arriving on flights from third countries and transferring at Community airports create certain operational difficulties at these airports and cause inconvenience to the passengers concerned.

(5)

Developments in screening technology should, in due course, provide solutions to these problems but, until technical solutions become available, temporary measures should be applied and reviewed in line with Regulation (EC) No 1546/2006. Regulation (EC) No 622/2003 should be amended accordingly.

(6)

In accordance with Regulation (EC) No 2320/2002, the measures laid down in the Annex to Regulation (EC) No 622/2003 were classified and were not published. The same necessarily applies to any amending act.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Civil Aviation Security,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 622/2003 is amended as set out in the Annex to this Regulation.

Article 3 of that Regulation shall apply as regards the confidential nature of this Annex.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2007.

For the Commission

Jacques BARROT

Vice-President


(1)   OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1; corrected by OJ L 229, 29.6.2004, p. 3).

(2)   OJ L 89, 5.4.2003, p. 9. Regulation as last amended by Regulation (EC) No 437/2007 (OJ L 104, 21.4.2007, p. 16).


ANNEX

In accordance with Article 1 the Annex is secret and shall not be published in the Official Journal of the European Union.


1.8.2007   

EN

Official Journal of the European Union

L 200/5


COMMISSION REGULATION (EC) No 916/2007

of 31 July 2007

amending Regulation (EC) No 2216/2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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/EC (1), and in particular Article 19(3) thereof,

Having regard to Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (2), and in particular the first subparagraph, second sentence of Article 6(1) thereof,

Whereas:

(1)

Commission Regulation (EC) No 2216/2004 (3) laid down general provisions, functional and technical specifications and operational and maintenance requirements concerning the standardised and secured registries system consisting of registries, in the form of standardised electronic databases containing common data elements, and the Community independent transaction log.

(2)

Due to the nature of the registries’ system’s architecture, if registries are communicating with the Community independent transaction log through the United Nations Framework Convention on Climate Change (UNFCCC) independent transaction log it is only possible to change the routing for all registries at the same time. Any registry that would not be ready for a given deadline, should also have to stop its participation in the Community greenhouse gas emission allowance scheme if other Member States connected to the UNFCCC independent transaction log without it. Therefore, when the UNFCCC independent transaction log is operational, it should be ensured that it is linked to the Community independent transaction log and registries either when the Community independent transaction log and all registries are technically capable of such a link or when the Community considers it appropriate to link the two transaction logs.

(3)

It is currently foreseen that when a connection between the UNFCCC independent transaction log and the Community independent transaction log exists, registries would connect to the Community independent transaction log through the UNFCCC independent transaction log. However, interactions between the Community independent transaction log and registries would become much simpler and more flexible if registries would connect to the UNFCCC independent transaction log through the Community independent transaction log. The Central Administrator should therefore be empowered to determine the order of connections.

(4)

Both the Member States and the Community should ensure that their registries are connected to the UNFCCC independent transaction log at the earliest possible date and should deliver to the administrator of the UNFCCC independent transaction log the documentation required for the initialisation of their registry with that log in accordance with the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC.

(5)

The Community should make all necessary efforts to ensure that every Member State registry, the Community independent transaction log and the UNFCCC independent transaction log are connected to each other before 1 December 2007.

(6)

Registries should be enabled to ensure that entering verified emissions in the registries is possible only if the verified emissions report has been delivered to the competent authority, and after the deadline for surrendering allowances, verified emissions data should be corrected only if the decision of the competent authority also addresses the compliance status of the installation whose verified emissions are corrected.

(7)

Provisions should be adopted to ensure that Member States that are not able to issue AAUs due to reasons other than being determined to be ineligible to transfer and acquire ERUs and AAUs, and use CERs in accordance with the provisions of Decision 11/CMP.1 of the Kyoto Protocol to the UNFCCC are able to continue their equal participation in the Community emissions trading scheme, which would be impeded in the period 2008 to 2012 as, unlike all other Member States, they would not be able to issue allowances that are converted from AAUs. Such equal participation should be allowed through a mechanism within the Community registry that allows operators in Member States which do not have AAUs to exchange allowances that are not converted from AAUs for allowances converted from AAUs when transferring allowances to accounts in registries of Member States which do have AAUs. An equivalent process should allow similar transfers in the opposite direction. By modifying the rules of calculating an installation's compliance status, which is the figure that registries use to express whether an operator has complied with its obligation to surrender allowances in accordance with Directive 2003/87/EC, operators should be prevented from being considered not in compliance with their obligations under Directive 2003/87/EC because of surrendering allowances for a year that is not the one preceding the current year.

(8)

The provision of allowances from the reserve by Member States to new entrant installations and the flow of allowances to the reserve due to the closure of installations should be represented in the national allocation plan table, thus allowing the public to have access to comprehensive and up-to-date information related to such transactions.

(9)

In order to ensure the capability of the Community independent transaction log to function independently in the event of a UNFCCC independent transaction log malfunction, those checks defined in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC that are to be carried out by the UNFCCC independent transaction log and which are currently implemented by the Community independent transaction log should be included in Community legislation

(10)

It is of utmost importance for a latest date to be specified for displaying information on installations' verified emissions in order to complete the annual compliance cycle. In the light of experience, the current latest date for the display of this information should be replaced by a provision ensuring that the display by the Member States and by the Commission takes place at the earliest possible moment and in a coordinated and harmonized manner.

(11)

As the current information displayed on the Community independent transaction log regarding the fulfilment of surrender obligations by installations as required by the provisions of Annex XVI to Regulation (EC) No 2216/2004 is not always clear, in particular with regard to any changes that might happen in an installation’s compliance status after the surrender deadline, the information regarding the fulfilment of surrender obligations should be made more detailed and more specific.

(12)

In order to ensure an equal access to market-related information which is a fundamental requirement of a well-functioning market, the Community independent transaction log should make accessible to the public additional information items, such as information on whether an account is blocked, the fees charged by various registries, the set-aside table required under Commission Decision 2006/780/EC of 13 November 2006 on avoiding double counting of greenhouse gas emission reductions under the Community emissions trading scheme for project activities under the Kyoto Protocol pursuant to Directive 2003/87/EC of the European Parliament and of the Council (4), the share of installations that have already submitted their verified emissions, the share of allowances that never participated in any transaction between allocation and surrender.

(13)

Regulation (EC) No 2216/2004 should therefore be amended accordingly.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2216/2004 is amended as follows:

1.

Article 2 is amended as follows:

(a)

point (e) is replaced by the following:

‘(e)

“assigned amount unit” (AAU) means a unit issued pursuant to Article 7(3) of Decision No 280/2004/EC or by a Party to the Kyoto Protocol;’;

(b)

In point (p), the following sentence is added:

‘Special provisions are applicable to registries referred to in Article 63a;’.

2.

In Article 3(3), the following subparagraph is added:

‘Each registry shall be capable of executing correctly all the processes concerning automatic national allocation plan table changes set out in Annex XIa from 1 February 2008.’.

3.

Article 5 is amended as follows:

(a)

paragraphs 4 and 5 are replaced by the following:

‘4.   The Central Administrator shall provide the administrative processes referred to in Annex XI in order to facilitate the integrity of the data within the registries system and shall provide the processes related to automatic national allocation plan table changes referred to in Annex XIa to ensure that national allocation plan tables reflect the number of allowances issued and allocated to installations.

5.   The Central Administrator shall only perform processes concerning allowances, verified emissions, automatic national allocation plan table changes, accounts or Kyoto units where necessary to carry out its functions as Central Administrator.’;

(b)

in paragraph 6, the following subparagraph is added:

‘The Community independent transaction log shall be capable of executing correctly all the processes concerning automatic national allocation plan table changes set out in Annex XIa from 1 February 2008.’.

4.

Article 6(2) is replaced by the following:

‘2.   From 1 February 2008 until the communication link referred to in Article 7 has been established, all processes concerning allowances, verified emissions, automatic national allocation plan table changes, and accounts shall be completed through the exchange of data via the Community independent transaction log.’.

5.

Article 7 is replaced by the following:

‘Article 7

Communication link between the independent transaction logs

1.   A communication link between the Community independent transaction log and the UNFCCC independent transaction log shall be considered as established when these systems are linked on the basis of a decision taken by the Central Administrator after consulting the Climate Change Committee. The Central Administrator shall establish and maintain such a link when

(a)

all registries have successfully completed the UNFCCC initialisation procedure; and

(b)

the Community independent transaction log and the UNFCCC independent transaction log are able to provide the necessary functionality and to link to each other.

2.   If the conditions provided for in paragraph 1 are not met, the Commission may, subject to the majority support of the Climate Change Committee, instruct the Central Administrator to establish and maintain such a link.

3.   After having established the link described in 1., all processes concerning allowances, verified emissions, accounts, automatic national allocation plan table changes and Kyoto units shall be completed through the exchange of data via the UNFCCC independent transaction log and thereon to the Community independent transaction log.

4.   The Commission shall evaluate and report to the Climate Change Committee on options for connecting registries, the UNFCCC independent transaction log and the Community independent transaction log different from the one described in 3.In particular it shall be considered whether all processes concerning allowances and Kyoto units shall be completed through the exchange of data via the Community independent transaction log and thereon to the UNFCCC independent transaction log and all processes concerning verified emissions, accounts and automatic national allocation plan table changes shall be completed through the exchange of data via the Community independent transaction log.

5.   Each Member State shall deliver to the administrator of the UNFCCC independent transaction log and the Central Administrator the documentation required for the initialisation of each registry with the UNFCCC independent transaction log, and by 1 September 2007 each registry shall be technically prepared for the initialisation process to commence, in accordance with the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC.

6.   The decisions referred to in paragraphs 1 and 2 shall, where possible be adopted at least three months prior to their implementation.’.

6.

Article 10(3) is replaced by the following:

‘3.   Each competent authority and registry administrator shall only perform processes concerning allowances, verified emissions, automatic national allocation plan table changes, accounts or Kyoto units where necessary to carry out their functions as competent authority or registry administrator.’.

7.

Article 15(1) is replaced by the following:

‘1.   Within 14 days of the entry into force of each greenhouse gas emissions permit issued to the operator of an installation where the installation has not previously been covered by such a permit or the activation of the communication link between the registry and the Community independent transaction log, whichever is the later, the competent authority, or the operator where the competent authority so requires, shall provide the registry administrator of the Member State registry with the information set out in Annex III.’.

8.

In Article 17, the following paragraph 3 is added:

‘3.   Where the competent authority has notified the registry administrator of the revocation or surrender of a greenhouse gas emissions permit belonging to an installation related to an account which has an entry in the relevant national allocation plan table submitted in accordance with Article 44, the registry administrator shall, prior to closing the account, propose to the Central Administrator the following changes to the national allocation plan table:

(a)

deleting from the national allocation plan table and replacing with a null any allowances in the national allocation plan table that were not yet allocated to the installation until the proposed national allocation plan table change;

(b)

adding an equivalent number of allowances to the part of the national allocation plan table representing the quantity of allowances not allocated to existing installations.

The proposal shall be submitted to, and checked and implemented automatically by the Community independent transaction log in accordance with the processes set out in Annex XIa.’.

9.

Article 28 is replaced by the following:

‘Article 28

Detection of discrepancies by the Community independent transaction log

1.   The Central Administrator shall ensure that the Community independent transaction log conducts the automated checks set out in Annexes VIII, IX, XI and XIa for all processes concerning allowances, verified emissions, accounts, automatic national allocation plan table changes and Kyoto units to ensure that there are no discrepancies.

2.   If the automated checks referred to in paragraph 1 identify a discrepancy in a process under Annexes VIII, IX, XI and XIa, the Central Administrator shall immediately inform the registry administrator or administrators concerned by returning an automated response detailing the exact nature of the discrepancy using the response codes set out in Annexes VIII, IX, XI and XIa.

Upon receiving such a response code for a process under Annex VIII, Annex IX or Annex XIa, the registry administrator of the initiating registry shall terminate that process and inform the Community independent transaction log.

The Central Administrator shall not update the information contained in the Community independent transaction log.

The registry administrator or administrators concerned shall immediately inform the relevant account holders that the process has been terminated.’.

10.

Article 29 is amended as follows:

(a)

the first subparagraph of paragraph 1 is replaced by the following:

‘The Central Administrator shall ensure that the Community independent transaction log periodically initiates the data reconciliation process set out in Annex X. For that purpose the Community independent transaction log shall record all processes concerning allowances, accounts, automatic national allocation plan table changes and Kyoto units.’;

(b)

the following paragraph 3 is added:

‘3.   Upon the request of the Central Administrator, the registry administrator shall provide a copy of the verified emissions table in its registry to the Central Administrator. The Central Administrator shall check that the verified emissions table of the registry is identical to the records held in the Community independent transaction log. If a difference is detected the Central Administrator shall immediately inform the registry administrator, and request it to eliminate the difference through the verified emissions update process set out in Annex VIII.

The Community independent transaction log shall record all changes to the verified emissions table.’.

11.

Article 32 is replaced by the following:

‘Article 32

Processes

Each process shall follow the complete sequence for message exchanges for that type of process as set out in Annexes VIII, IX, X, XI, and Annex XIa. Each message shall conform to the format and informational requirements described using web services description language as elaborated pursuant to the UNFCCC or the Kyoto Protocol.’.

12.

Article 33 is replaced by the following:

‘Article 33

Identification codes

The registry administrator shall assign to each process referred to in Annexes VIII and XIa a unique correlation identification code and to each process referred to in Annex IX a unique transaction identification code.

Each such identification code shall comprise the elements set out in Annex VI.’.

13.

Article 34 is replaced by the following:

‘Article 34

Finalisation of processes concerning accounts, automatic national allocation plan table changes and verified emissions

When there is a communication link established between the two independent transaction logs and if all processes concerning accounts, automatic national allocation plan table changes and verified emissions are completed through the exchange of data via the UNFCCC independent transaction log, these shall be final when both independent transaction logs successfully inform the initiating registry that they have not detected any discrepancies in the proposal sent by the initiating registry.

In all other cases than those referred to in the first paragraph, all processes concerning accounts, automatic national allocation plan table changes and verified emissions shall be final when the Community independent transaction log successfully informs the initiating registry that it has not detected any discrepancies in the proposal sent by the initiating registry.’.

14.

The following Article 34a is inserted:

‘Article 34a

Manual reversal of finalised transactions initiated in error

1.   If an account holder or a registry administrator acting on behalf of the account holder unintentionally or erroneously initiated a transaction under Articles 52, 53, 58 or 62(2), it may propose to its registry administrator to carry out a manual reversal of the transaction in a written request duly signed by the authorised representative or representatives of the account holder that are able to initiate a transaction and posted within five working days of the finalisation of the transaction or the entry into force of this Regulation whichever is the later. The request shall contain a statement indicating that the transaction was initiated erroneously or unintentionally.

2.   The registry administrator may notify the Central Administrator of the request and its intention to carry out a specific manual intervention in its database in order to reverse the transaction, within 30 calendar days of its decision on reversing the transaction, but not later than 60 calendar days of the finalisation of the transaction or the entry into force of this Regulation, whichever is the later.

The Central Administrator shall, within 30 calendar days of its receipt of the registry administrator’s notification under the first subparagraph of paragraph 2 carry out a manual intervention in the Community independent transaction log database that is corresponding to the one specified in the notification of the registry administrator if:

(a)

the notification was posted within the deadline indicated in the first subparagraph of paragraph 2;

(b)

the proposed manual intervention only reverses the effects of the transaction considered to have been initiated unintentionally or erroneously and does not involve reversing the effects of later transactions involving the same allowances or Kyoto units.

3.   The registry administrator may not reverse transactions pursuant to Article 52 and 53 if as a result, an operator would become non-compliant for a previous year.’.

15.

Article 44(2) is replaced by the following:

‘2.   A Member State shall notify each correction to its national allocation plan together with each corresponding correction in its national allocation plan table to the Commission. If the correction to the national allocation plan table is based upon the national allocation plan notified to the Commission which was not rejected under Article 9(3) of Directive 2003/87/EC or on which the Commission has accepted amendments and that correction results from improvements in data, the Commission shall instruct the Central Administrator to enter the corresponding correction into the national allocation plan table held in the Community independent transaction log.

All such corrections relating to new entrants shall be made in accordance with the automatic national allocation plan table change process as set out in Annex XIa to this Regulation.

All such corrections not relating to new entrants shall be made in accordance with the initialisation procedures as set out in Annex XIV to this Regulation.

In all other cases, the Member State shall notify the correction to its national allocation plan to the Commission and if the Commission does not reject this correction in accordance with the procedure in Article 9(3) of Directive 2003/87/EC, the Commission shall instruct the Central Administrator to enter the corresponding correction into the national allocation plan table held in the Community independent transaction log in accordance with the initialisation procedures set out in Annex XIV to this Regulation.’.

16.

Article 46 is replaced by the following:

‘Article 46

Allocation of allowances to operators

Without prejudice to Articles 44(2) and 47, by 28 February 2008 and by 28 February in each year thereafter, the registry administrator shall transfer from the Party holding account to the relevant operator holding account the proportion of the total quantity of allowances issued by any registry administrator under Article 45 which has been allocated to the corresponding installation for that year in accordance with the relevant section of the national allocation plan table.

Where foreseen for an installation in the national allocation plan of the Member State, the registry administrator may transfer that proportion at a later date of each year.

Allowances shall be allocated in accordance with the allowance allocation process set out in Annex IX.’.

17.

Article 48 is replaced by the following:

‘Article 48

Allocation of allowances to new entrants

If instructed to do so by the competent authority, the registry administrator shall transfer a proportion of allowances issued by any registry administrator under Article 45 that are in the Party holding account to the operator holding account of a new entrant in accordance with the relevant section of the national allocation plan table for that new entrant for the year in question.

Allowances shall be transferred in accordance with the allowance allocation process set out in Annex IX.’.

18.

The following Article 48a is inserted:

‘Article 48a

Allocation of allowances following their sale by Member State

If instructed to do so by the competent authority following a sale of allowances held by a Member State, the registry administrator shall transfer a quantity of allowances from the Party holding account to the person holding account or operator holding account of the buyer of allowances.

Allowances transferred within the same registry shall be transferred in accordance with the “internal transfer” process set out in Annex IX. Allowances transferred from one registry to another will be transferred in accordance with the “external transfer (2008 to 2012 onwards)” process set out in Annex IX.’.

19.

Article 50 is amended as follows:

(a)

the first subparagraph of paragraph 1 is replaced by the following:

‘When a communication link is established between the UNFCCC independent transaction log and the Community independent transaction log in accordance with Article 7 of this Regulation a Member State may not transfer or acquire ERUs or AAUs, until 16 months have elapsed since the submission of its report in accordance with Article 7(1) of Decision No 280/2004/EC, unless the Secretariat to the UNFCCC has informed that Member State that compliance procedures will not be commenced.’;

(b)

paragraph 2 is replaced by the following:

‘2.   When, from 1 January 2008 onwards, the holdings of ERUs, CERs, AAUs and RMUs valid for the relevant five-year period in the Party holding accounts, operator holding accounts, person holding accounts and retirement accounts in a Member State become less than 1 per cent higher than the commitment period reserve, calculated as 90 per cent of the Member State's assigned amount or 100 per cent of five times its most recently reviewed inventory, whichever is the lowest, the Central Administrator shall notify that Member State.’.

20.

Article 51 is replaced by the following:

‘Article 51

Verified emissions of an installation

1.   Upon the verification as satisfactory, in accordance with the detailed requirements established by the Member State pursuant to Annex V of Directive 2003/87/EC, of an operator's report on the emissions from an installation during a previous year, each verifier, including those competent authorities acting as verifiers shall enter or approve the entry of the annual verified emissions for that installation for that year into the section of the verified emissions table designated for that installation for that year in accordance with the verified emissions update process set out in Annex VIII to this Regulation.

2.   The registry administrator may prohibit the entry of the annual verified emissions for an installation until the competent authority has received the verified emissions report submitted by operators pursuant to Article 14(3) of Directive 2003/87/EC for that installation, and enabled the registry to receive the annual verified emissions.

3.   The competent authority may instruct the registry administrator to correct the annual verified emissions for an installation for a previous year to ensure compliance with the detailed requirements established by the Member State pursuant to Annex V to Directive 2003/87/EC, by entering the corrected annual verified emissions for that installation for that year into the section of the verified emissions table designated for that installation for that year in accordance with the verified emissions update process set out in Annex VIII to this Regulation.

4.   If the competent authority instructs the registry administrator to correct the annual verified emissions for an installation for a previous year after the deadline specified in Article 6(2) of Directive 2003/87/EC for surrendering allowances equal to the emissions of that previous year, the Central Administrator shall only allow such a correction if it was informed of the competent authority’s decision on the new compliance status applicable to the installation as a result of the correction of the verified emissions.’.

21.

Article 55 is replaced by the following:

‘Article 55

Calculation of compliance status figures

Upon an entry being made into the section of the surrendered allowance table or verified emissions table designated for an installation, the registry administrator shall determine the following:

(a)

for the years 2005, 2006 and 2007, the compliance status figure for that installation and for each year by calculating the sum of all allowances surrendered pursuant to Articles 52, 53 and 54 for the 2005 to 2007 period minus the sum of all verified emissions in the current five-year period up to and including the current year;

(b)

for the year 2008 and each year thereafter, the compliance status figure for that installation and for each year by calculating the sum of all allowances surrendered pursuant to Articles 52, 53 and 54 for the current period minus the sum of all verified emissions from the year 2008 up to and including the current year, plus a correction factor.

The correction factor referred to in point (b) shall be zero if the 2007 figure was greater than zero, but shall remain as the 2007 figure if the 2007 figure is less than or equal to zero.’.

22.

Article 57 is replaced by the following:

‘Article 57

Entries into the verified emissions table

Where, on 1 May 2006 and on 1 May of each year thereafter, no verified emissions figure has been entered into the verified emissions table for an installation for a previous year, any substitute emissions figure determined pursuant to Article 16(1) of Directive 2003/87/EC which has not been calculated as closely as possible in accordance with the detailed requirements established by the Member State pursuant to Annex V of Directive 2003/87/EC shall not be entered into the verified emissions table.’.

23.

In Article 58, the first subparagraph is replaced by the following:

‘On 30 June 2006, 2007 and 2008 the registry administrator shall cancel a number of allowances, CERs, and force majeure allowances held in the Party holding account pursuant to Articles 52, 53 and 54. The number of allowances, CERs, and force majeure allowances to be cancelled shall be equal to the total number at the moment of cancellation of surrendered allowances entered in the surrendered allowance table for the periods 1 January 2005 until the moment of cancellation in 2006, from the moment of cancellation in 2006 until the moment of cancellation in 2007 and from the moment of cancellation in 2007 until the moment of cancellation in 2008.’.

24.

Article 59 is replaced by the following:

‘Article 59

Cancellation and retirement of surrendered allowances for the 2008 to 2012 period and subsequent periods

1.   By 30 June 2009 and 30 June of each year thereafter, the registry administrator shall cancel allowances surrendered for the 2008 to 2012 period and each subsequent five year period, by:

(a)

converting a number of allowances issued for that five-year period and held in the Party holding account, equal to the total number of allowances surrendered pursuant to Article 52 as entered in the surrendered allowance table since 1 January of the first year of the relevant period until 31 May of the subsequent year and since 1 June of the preceding year until 31 May of each of the subsequent years, into AAUs by removing the allowance element from the unique unit identification code of each such AAU comprising the elements set out in Annex VI in accordance with the “conversion of surrendered allowances for retirement (2008 to 2012 onwards)” process set out in Annex IX; and

(b)

transferring a number of Kyoto units of the type specified by the competent authority, with the exception of Kyoto units resulting from projects referred to in Article 11a(3) of Directive 2003/87/EC, equal to the total number of allowances surrendered pursuant to Articles 52 and 53 as entered in the surrendered allowance table since 1 January of the first year of the relevant period until 31 May of the subsequent year and from 1 June of the preceding year until 31 May of each of the subsequent years, from the Party holding account to the retirement account for the relevant period in accordance with the “retirement of surrendered allowances (2008 to 2012 onwards)” process set out in Annex IX.

2.   After 30 June 2013 and 30 June of the year after the end of each subsequent five-year period, the registry administrator may retire any allowances not yet allocated to operators by converting them into AAUs through removing the allowance element from the unique unit identification code of each such AAU comprising the elements set out in Annex VI in accordance with the “conversion of unallocated allowances for retirement (2008 to 2012 onwards)” process set out in Annex IX and transferring them from the Party holding account to the retirement account for the relevant period in accordance with the “retirement of unallocated allowances (2008 to 2012 onwards)” process set out in Annex IX.’.

25.

In Article 60, point (a) is replaced by the following:

‘(a)

transferring a number of allowances, equal to the number of allowances held in the registry issued for the 2005 to 2007 period by any registry minus the number of allowances at the moment of cancellation and replacement surrendered pursuant to Articles 52 and 54 since the moment of retirement on 30 June of the preceding year, from their holding accounts referred to in Article 11(1) and (2) to the cancellation account for the 2005 to 2007 period;’.

26.

In Article 61, points (a) and (b) are replaced by the following:

‘(a)

transferring all allowances allocated to operators for the preceding five-year period from their operator and person holding accounts to the Party holding account;

(b)

converting a number of allowances, equal to the number of allowances held in the registry allocated by any registry for the preceding five-year period minus the number of allowances surrendered pursuant to Article 52 since 31 May of the preceding year, into AAUs by removing the allowance element from the unique unit identification code of each such AAU comprising the elements set out in Annex VI;’.

27.

Article 63(1) is replaced by the following:

‘1.   If instructed by the relevant body of the Member State, the registry administrator shall transfer any quantity and types of Kyoto units specified by that body which have not already been retired pursuant to Article 59 from the Party holding account to the appropriate retirement account in his registry in accordance with the “retirement of Kyoto units (2008 to 2012 onwards)” process set out in Annex IX.’.

28.

After Article 63, the following Chapter Va is inserted:

‘CHAPTER VA

OPERATION OF REGISTRIES OF MEMBER STATES WHICH DO NOT HAVE AAUS

Article 63a

Operation of registries of Member States which do not have AAUs

1.   Member States that are not able to issue AAUs due to reasons other than being determined to be ineligible to transfer and acquire ERUs and AAUs, and use CERs in accordance with the provisions of Decision 11/CMP.1 of the Kyoto Protocol to the UNFCCC shall establish, operate and maintain their registries in a consolidated manner with the Community registry. Articles 3(3), 4, 6(1), 11(1), (3) and (4), 30(1), 34, 35, 36, 44(3), 45, 49(1), 59, 60, 61, 65 shall not apply to those registries.

2.   From 1 January 2008, the registries operated in accordance with paragraph 1 shall be capable of executing the processes applicable to them in Annexes VIII, IX, X, XI and XIa.

Article 63b

Communication link between registries operated in accordance with Article 63a and the Community independent transaction log

Registries operated in accordance with Article 63a shall communicate with the Community independent transaction log through a communication link established by the Community registry.

The Central Administrator shall activate the communication link after the testing procedures set out in Annex XIII and the initialisation procedures set out in Annex XIV have been completed successfully and notify the administrator of the Community registry thereof.

Article 63c

Registries operated in accordance with Article 63a: detection of discrepancies and inconsistencies by the UNFCCC independent transaction log

The UNFCCC independent transaction log shall inform a registry operated in accordance with Article 63a of any discrepancy detected in a process which that registry has initiated through the administrator of the Community registry.

The registry operated in accordance with Article 63a shall terminate the process and the administrator of the Community registry shall inform the UNFCCC independent transaction log thereof. The administrator of the registry operated in accordance with Article 63a, and any other registry administrators concerned shall immediately inform the relevant account holders that the process has been terminated.

Article 63d

Registries operated in accordance with Article 63a: Finalisation of processes concerning accounts, verified emissions and automatic national allocation plan table changes

When there is a communication link established between the two independent transaction logs and if processes concerning accounts, verified emissions and automatic national allocation plan table changes are directed through the UNFCCC independent transaction log, those processes shall be final when both independent transaction logs successfully inform the Community registry that they have not detected any discrepancies in the proposal initiated by the registry operated in accordance with Article 63a.

In all cases different from those referred to in the first paragraph, all processes referred to in Annexes VIII and XIa shall be final when the Community independent transaction log successfully informs the Community registry that it has not detected any discrepancies in the proposal initiated by the registry operated in accordance with Article 63a.

Article 63e

Registries operated in accordance with Article 63a: finalisation of processes concerning transactions within registries

All processes referred to in Annex IX, except the external transfer process, shall be final when both independent transaction logs inform the Community registry that they have not detected any discrepancies in the proposal initiated by the registry operated in accordance with Article 63a and the Community registry has successfully sent confirmation to both independent transaction logs that the registry operated in accordance with Article 63a has updated its records in accordance with its proposal.

However, prior to the communication link between the Community independent transaction log and the UNFCCC independent transaction log being established, all processes referred to in Annex IX, except the external transfer process, shall be final when the Community independent transaction log informs the Community registry that it has not detected any discrepancies in the proposal initiated by the registry operated in accordance with Article 63a and the Community registry has successfully sent confirmation to the Community independent transaction log that the registry operated in accordance with Article 63a has updated its records in accordance with its own proposal.

Article 63f

Registries operated in accordance with Article 63a: finalisation of the external transfer process

The external transfer process involving a registry operated in accordance with Article 63a shall be final when both independent transaction logs inform the acquiring registry (or the Community registry if the acquiring registry is a registry operated in accordance with Article 63a) that they have not detected any discrepancies in the proposal sent by the initiating registry (or the Community registry if the initiating registry is a registry operated in accordance with Article 63a) and the acquiring registry (or the Community registry if the acquiring registry is a registry operated in accordance with Article 63a) has successfully sent confirmation to both independent transaction logs that the acquiring registry has updated its records in accordance with the initiating registry’s proposal.

However, prior to the communication link between the Community independent transaction log and the UNFCCC independent transaction log being established, the external transfer process involving a registry operated in accordance with Article 63a shall be final when the Community independent transaction log informs the acquiring registry (or the Community registry if the acquiring registry is a registry operated in accordance with Article 63a) that it has not detected any discrepancies in the proposal sent by the initiating registry (or the Community registry if the initiating registry is a registry operated in accordance with Article 63a) and the acquiring registry (or the Community registry if the acquiring registry is a registry operated in accordance with Article 63a) has successfully sent confirmation to the Community independent transaction log that it has updated its records in accordance with the initiating registry’s proposal.

Article 63g

Registries operated in accordance with Article 63a: Authentication

Registries operated in accordance with Article 63a shall be authenticated to the UNFCCC independent transaction log through the Community registry with the digital certificates issued by the Secretariat to the UNFCCC, or an entity designated by it.

However, until the communication link between the Community independent transaction log and UNFCCC independent transaction log is established, they shall be authenticated to the Community independent transaction log through the Community registry using digital certificates and usernames and passwords as specified in Annex XV. The Commission, or an entity designated by it, shall act as the certification authority for all digital certificates and shall distribute the usernames and passwords.

Article 63h

Special provisions concerning certain obligations of registry administrators of registries operated in accordance with Article 63a

The obligations provided for in Article 71 and Article 72(2) and (3) shall, as regards registry administrators of registries operated in accordance with Article 63a, be carried out by the administrator of the Community Registry.

Article 63i

Registries operated in accordance with Article 63a: accounts

1.   Registries operated in accordance with Article 63a shall contain at least two Party holding accounts created in accordance with Article 12.

2.   Allowances with an initial unit type of 1 shall be held by only one of the Party holding accounts, and no Party holding account other than the one holding allowances with an initial unit type of 1 shall be permitted to participate in external transfers between registries operated in accordance with Article 63a and registries other than ones so operated. The Party holding account holding allowances with an initial unit type of 1 shall not be used for transactions other than external transfers between registries operated in accordance with Article 63a and registries other than ones so operated and shall only hold units with an initial unit type of 1.

3.   The operator holding accounts created pursuant to Article 11(2) shall not hold allowances with an initial unit type of 1 at the end of a transaction. Person holding accounts in registries operated in accordance with Article 63a may not participate in external transfers between registries operated in accordance with Article 63a and registries other than ones so operated.

Article 63j

Registries operated in accordance with Article 63a: national allocation plan table for the 2008 to 2012 period and each subsequent five-year period

Registries operated in accordance with Article 63a shall, subsequent to any correction to the national allocation plan table made pursuant to Article 44(2) which occurs after allowances have been issued under Article 45 and which reduces the total quantity of allowances issued under Article 45 for the 2008 to 2012 period or subsequent five-year periods, transfer the number of allowances specified by the competent authority from the holding accounts referred to in Articles 11(2) and 63i and in which the allowances are held to the cancellation account of the Community registry for the relevant period.

Article 63k

Registries operated in accordance with Article 63a: issue of allowances

The administrator of a registry operated in accordance with Article 63a shall after the national allocation plan table has been entered into the Community independent transaction log and, subject to Article 44(2), by 28 February of the first year of the 2008 to 2012 period and by 28 February of the first year of each subsequent five-year period, issue the total quantity of allowances set out in the national allocation plan table into the Party holding account.

When issuing such allowances the registry administrator shall assign a unique unit identification code to each allowance comprising the elements set out in Annex VI, whereby the initial unit type shall be 0 and the supplementary unit type shall be 4.

Allowances shall be issued in accordance with the allowance issue (registries referred to in Article 63a) process set out in Annex IX.

Article 63l

Registries operated in accordance with Article 63a: transfers of allowances between operator holding accounts in registries operated in accordance with Article 63a and other registries

1.   The registries operated in accordance with Article 63a shall carry out any transfer of allowances with an initial unit type of 0 and a supplementary unit type of 4 between holding accounts, as requested by an account holder:

(a)

within its registry in accordance with the internal transfer process set out in Annex IX;

(b)

between two registries operated in accordance with Article 63a in accordance with the “transfer between two registries referred to in Article 63a” process, as set out in Annex IX;

(c)

between a registry operated in accordance with Article 63a and a registry other than one so operated in accordance with the “External transfer (between a registry referred to in Article 63a and other registry)” process set out in Annex IX. Transfers of allowances with an initial unit type of 0 and a supplementary unit type of 4 towards registries that are not operated in accordance with Article 63a may not be requested by holders of person holding accounts. The Community independent transaction log shall block any transactions that would result in the transfer of allowances with an initial unit type of 0 and a supplementary unit type of 4 to registries other than those operated in accordance with Article 63a.

Article 63m

Registries operated in accordance with Article 63a: cancellation under Article 58 or Article 62

When carrying out a cancellation and retirement in accordance with Article 58 or a voluntary cancellation in accordance with Article 62, the administrator of a registry operated in accordance with Article 63a shall carry out the cancellation by transferring allowances as required under Article 58 or 62 into the cancellation account or the retirement account of the Community registry.

Article 63n

Registries operated in accordance with Article 63a: cancellation and retirement of surrendered allowances and CERs for the 2008 to 2012 period and subsequent periods

1.   By 30 June 2009 and on 30 June each year thereafter, the registry administrator of a registry operated in accordance with Article 63a shall cancel a number of allowances and CERs held in the Party holding account pursuant to Articles 52 and 53.

The number of allowances and CERs to be cancelled shall be equal to the total number of surrendered allowances entered into the surrendered allowances table since 1 January of the first year of the relevant period until 31 May of the subsequent year and since 1 June of the preceding year until 31 May of each of the subsequent years.

2.   Cancellation shall take place by transferring the allowances and CERs, with the exception of CERs resulting from projects referred to in Article 11a(3) of Directive 2003/87/EC, from the Party holding account into the retirement account of the Community Registry for the relevant period in accordance with the “retirement (registries referred to in Article 63a)” process set out in Annex IX.

Article 63o

Registries operated in accordance with Article 63a: cancellation and replacement of allowances issued for the 2005 to 2007 period

1.   On 1 May 2008, each registry administrator of a registry operated in accordance with Article 63a shall cancel and, if instructed to do so by the competent authority, replace allowances held in his registry in accordance with the allowance cancellation and replacement process set out in Annex IX by:

(a)

transferring a number of allowances, equal to the number of allowances issued for the 2005 to 2007 period minus the number of allowances surrendered at the moment of cancellation and replacement pursuant to Articles 52 and 54 since 30 June of the preceding year, from their holding accounts referred to in Articles 11(2) and 63i to the cancellation account of the Community registry for the 2005 to 2007 period;

(b)

if instructed to do so by the competent authority, issuing a number of replacement allowances specified by the competent authority by issuing an equal number of allowances for the 2008 to 2012 period, giving each allowance a unit identification code comprising the elements set out in Annex VI;

(c)

transferring any such replacement allowances referred to in point (b) from the Party holding account into the operator and person holding accounts specified by the competent authority from which allowances were transferred under point (a).

Article 63p

Registries operated in accordance with Article 63a: cancellation and replacement of allowances issued for the 2008 to 2012 period and subsequent periods

1.   On 1 May in 2013 and on 1 May in the first year of each subsequent five year period, each registry administrator of a registry operated in accordance with Article 63a shall cancel and replace allowances held in its registry in accordance with the allowance cancellation and replacement process set out in Annex IX by:

(a)

transferring a number of allowances, equal to the number of allowances issued for the preceding five-year period minus the number of allowances surrendered pursuant to Article 52 since 31 May of the preceding year, from their holding accounts referred to in Articles 11(2) and 63i to the cancellation account of the Community registry for the relevant period;

(b)

issuing an equal number of replacement allowances with a supplementary unit type of 4 for the current period into the Party holding account and assigning to each of these allowances a unique unit identification code comprising the elements set out in Annex VI;

(c)

transferring a number of those allowances issued in accordance with point (b) for the current period from the Party holding account into each operator and person holding account from which allowances were transferred in accordance with point (a), equal to the number of allowances that were transferred from those accounts under point (a).’.

29.

Article 72 is amended as follows:

(a)

in paragraph 1, the following sentence is added:

‘After such coordination, the Central Administrator shall decide on the date of implementation by registries and the Community independent transaction log of each new version of the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol.’;

(b)

paragraph 2 is replaced by the following:

‘2.   If a new version or release of a registry is required, each registry administrator and the Central Administrator shall successfully complete the testing procedures set out in Annex XIII before a communication link is established and activated between the new version or release of that registry and the Community independent transaction log or UNFCCC independent transaction log.’;

(c)

the following paragraph 2a is inserted:

‘2a.   The Central Administrator shall convene regular meetings of the registry administrators to consult them on issues and procedures related to change management, incident management and any other issues of a technical nature related to the operation of registries and the implementation of this Regulation.’.

30.

Article 73(1) is replaced by the following:

‘1.   The Central Administrator and each registry administrator shall store records concerning all processes and account holders set out in Annexes III, IV, VIII, IX, X, XI and XIa for 15 years or until any questions of implementation relating to them have been resolved, whichever is the later.’.

31.

Annexes I, II, III, VI to XIII and XVI are amended as set out in Annex I to this Regulation.

32.

Annex XIa is inserted as set out in Annex II to this Regulation.

Article 2

1.   This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

2.   Points (1) to (4), (6) to (12), (15), (16), (17), (20), (21), and (27) to (30) of Article 1, and points (2), (3), (4), (5)(c), (e), (f), (g), (i), (6)(b), (10), (11), (13), (d)(i), (f) and (g) of Annex I and Annex II shall apply from 1 February 2008.

3.   Points (24) and (26) of Article 1 and points (13)(a), (b), (c), (d)(ii), (iii) and (e) of Annex I shall apply from 1 January 2009. However, points (13)(a), (b), (c), (d)(ii), (iii) and (e) of Annex I may be applied before 1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2007.

For the Commission

Stavros DIMAS

Member of the Commission


(1)   OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive 2004/101/EC (OJ L 338, 13.11.2004, p. 18).

(2)   OJ L 49, 19.2.2004, p. 1.

(3)   OJ L 386, 29.12.2004, p. 1.

(4)   OJ L 316, 16.11.2006, p. 12.


ANNEX I

Annexes I, II, III, VI to XIII and XVI to Regulation (EC) No 2216/2004 are amended as follows:

1.

Annex I is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.

When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is not established:

(a)

the record of the time in the Community independent transaction log and each registry shall be synchronised to Greenwich Mean Time;

(b)

all processes concerning allowances, verified emissions, automatic national allocation plan table changes and accounts shall be completed by the exchange of data written in extensible markup language (XML) using the simple object access protocol (SOAP) version 1.1 over the hypertext transfer protocol (HTTP) version 1.1 (remote procedure call (RPC) encoded style).’;

(b)

paragraph 3 is replaced by the following:

‘3.

When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is established:

(a)

the record of the time in the UNFCCC independent transaction log, Community independent transaction log and each registry shall be synchronised; and

(b)

all processes concerning allowances and Kyoto units shall be completed by the exchange of data;

using the hardware and software requirements set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC.

If processes concerning verified emissions, accounts and automatic national allocation plan table changes are completed through an exchange of data via the UNFCCC independent transaction log and thereon to the Community independent transaction log, the data exchange shall be carried out using the hardware and software requirements set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC.

If processes concerning verified emissions, accounts and automatic national allocation plan table changes are completed through an exchange of data via the Community independent transaction log, the data exchange shall be carried out in accordance with point (b) of paragraph 2.’.

2.

In Annex III, the following sentences are added to paragraph 1:

‘The name of the operator should be identical to name of the natural or legal person that is the holder of the relevant greenhouse gas permit. The name of the installation shall be identical to the name indicated in the relevant greenhouse gas permit.’.

3.

Annex VI is amended as follows:

(a)

in Table VI-1 the text ‘4 = Allowance issued for the 2008 to 2012 and subsequent five-year periods by a Member State that does not have AAUs’ is added in column ‘Range or codes’, row ‘Supplementary unit type’;

(b)

in Table VI-2 the following row is added:

‘0

4

Allowance issued for the 2008 to 2012 and subsequent five-year periods by a Member State that does not have AAUs, and which is not converted from an AAU or other Kyoto unit’

(c)

in Table VI-3 the text ‘The Central Administrator shall define a separate sub-range of these values for the Community registry and each registry operated in a consolidated manner with the Community registry’ is added to the text in column ‘Range or codes’, row ‘Account Identifier’;

(d)

in Table VI-5, the words ‘Permit Identifier’ are replaced by ‘Account Holder Identifier’;

(e)

paragraph 14 is replaced by the following:

‘14.

Table VI-7 details the elements of the correlation identification codes. Each process referred to in Annex VIII and Annex XIa shall be assigned a correlation identification code. Correlation identification codes shall be generated by registries and shall be unique throughout the registries system. Correlation identification codes shall not be re-used. The re-submission of a process concerning an account or verified emissions that was previously terminated or cancelled shall be assigned a new, unique correlation identification code.’.

4.

Annex VII is amended as follows:

(a)

in the table under paragraph 4 the following row is deleted:

‘05-00

Retirement (2008 to 2012 onwards)’

(b)

in the table under paragraph 4 the following rows are added:

‘10-61

conversion of surrendered allowances for retirement(2008 to 2012 onwards)

10-62

conversion of unallocated allowances for retirement (2008 to 2012 onwards)

05-00

retirement of Kyoto units (2008 to 2012 onwards)

05-01

retirement of surrendered allowances (2008 to 2012 onwards)

05-02

retirement of unallocated allowances (2008 to 2012 onwards)

01-22

Allowance issue (registries referred to in Article 63a)

03-00

External transfer (between a registry referred to in Article 63a and other registry)

10-22

Transfer between two registries referred to in Article 63a

05-22

retirement (registries referred to in Article 63a)’

(c)

in the table under paragraph 5 the following row is added:

‘4

Allowance issued for the 2008 to 2012 and subsequent five-year periods by a Member State that does not have AAUs, and which is not converted from an AAU or other Kyoto unit’

5.

Annex VIII is amended as follows:

(a)

in paragraph 1, point (c) is replaced by the following:

‘(c)

provided that these processes are completed through the exchange of data via the UNFCCC independent transaction log and thereon to the Community independent transaction log, the registry administrator shall call the appropriate operation on the UNFCCC independent transaction log account management Web service. In all other cases the registry administrator shall call the appropriate operation on the Community independent transaction log account management Web service.’;

(b)

paragraph 2 is replaced by the following:

‘2.

Provided that these are completed through the exchange of data via the Community independent transaction log and thereon to the UNFCCC independent transaction log, a registry administrator sending a request should receive an acknowledgement of receipt from the UNFCCC independent transaction log within 60 seconds, and should receive a notification of validation from the Community independent transaction log within 24 hours. In any other case, a registry administrator sending a request should receive an acknowledgement of receipt from the Community independent transaction log within 60 seconds, and should receive a notification of validation from the Community independent transaction log within 24 hours.’;

(c)

in Tables VIII-5, VIII-11 and VIII-12 the line:

‘FaxNumber

Mandatory’

is replaced by:

‘FaxNumber

Optional’

(d)

in Table VIII-9, the text: ‘The initiating registry (Originating Registry) authenticates the UNFCCC independent transaction log (or Community independent transaction log prior to the link between the Community independent transaction log and UNFCCC independent transaction log being established) by calling the Authenticate Message() function and checks the version of the transaction log by calling Check Version() function.’ is replaced by the following text:

‘The initiating registry (Originating Registry) authenticates the UNFCCC independent transaction log (or Community independent transaction log if all processes referred to in Annex VIII are completed through the exchange of data via the Community independent transaction log) by calling the Authenticate Message() function and checks the version of the transaction log by calling Check Version() function.’;

(e)

in Table VIII-11 the number ‘7162’ is added to the last row;

(f)

in Tables VIII-12 and VIII-14 after the row containing ‘PermitIdentifier’, the following row is inserted:

‘PermitDate

Mandatory’

(g)

in Table VIII-13 after the row containing ‘PermitIdentifier’, the following row is inserted:

‘PermitDate

Optional’

(h)

in Table VIII-15 the number ‘7161’ is added to the last row;

(i)

paragraph 6 is replaced by the following:

‘6.

The Community independent transaction log shall perform registry version and registry authentication checks, and message viability checks, on each process concerning an account or verified emissions and return the appropriate response codes if a discrepancy is detected, as set out in Table XII-1 under the range 7900 to 7999. The abovementioned checks are equivalent to the checks related to the response codes that are set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC and are reproduced in the last column of Table XII-1 alongside the equivalent response codes under the range 7900 to 7999. If a check under the above mentioned data exchange standards that is equivalent to the checks whose response codes are set out in Table XII-1 under the range 7900 to 7999 or the implementation by the UNFCCC independent transaction log of such a check is changed by the ITL Administrator, the Central Administrator shall disable the equivalent check.’;

(j)

in Table VIII-17 the number ‘7525’ is added to the last row.

6.

Annex IX is amended as follows:

(a)

paragraph 4 is replaced by the following:

‘4.

The Community independent transaction log shall perform the following categories of preliminary checks on each process concerning a transaction:

(a)

registry version and registry authentication checks;

(b)

message viability checks;

(c)

data integrity checks;

(d)

general transaction checks; and

(e)

message sequence checks.

The Community independent transaction log shall return the appropriate response codes if a discrepancy is detected, as set out in Table XII-1 under the range 7900 to 7999. The above-mentioned checks are equivalent to the checks related to the response codes that are set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC and are reproduced in the last column of Table XII-1 alongside the equivalent response codes under the range 7900 to 7999. If a check under the above mentioned data exchange standards is equivalent to the checks whose response codes are set out in Table XII-1 under the range 7900 to 7999 and the implementation by the UNFCCC independent transaction log of such a check is changed by the ITL Administrator, the Central Administrator shall disable the equivalent check.’;

(b)

Table IX-1 is amended as follows:

(i)

the text ‘Range 7221 to 7222’ is inserted to column ‘Community independent transaction log response codes’, row ‘External transfer (2008 to 2012 onwards)’;

(ii)

the text ‘Range 7221 to 7222’ is inserted to column ‘Community independent transaction log response codes’, row ‘External transfer (2005 to 2007)’;

(iii)

the text ‘(registries referred to in Article 63a); 7219; Range 7223 to 7224; 7360; 7402; 7404; 7406; Range 7407 to 7408; 7202’ is added to column ‘Community independent transaction log response codes’, row ‘Cancellation and replacement’;

(iv)

the following row is deleted:

‘Retirement (2008 to 2012 onwards)

05-00

Range 7358 to 7361’

(v)

the following rows are added:

‘conversion of surrendered allowances for retirement (2008 to 2012 onwards)

10-61

7358

conversion of unallocated allowances for retirement (2008 to 2012 onwards)

10-62

7364, 7366

retirement of Kyoto units (2008 to 2012 onwards)

05-00

7360

7365

retirement of surrendered allowances (2008 to 2012 onwards)

05-01

Range 7359 to 7361

7365

retirement of unallocated allowances (2008 to 2012 onwards)

05-02

7360, 7361

Range 7363 to 7365

External transfer (between a registry referred to in Article 63a and other registry)

03-00

Range 7225 to 7226

Allowance issue (registries referred to in Article 63a)

01-22

Range 7201 to 7203

7219

7224

retirement (registries referred to in Article 63a)

05-22

Range 7227 to 7228

7357

Range 7360 to 7362

Transfer between two registries referred to in Article 63a

10-22

7302, 7304

Range 7406 to 7407

7224

7228’

(c)

The following paragraph 7 is added:

‘7.

An external transfer between a registry referred to in Article 63a and other registry shall be carried out in the following steps:

(a)

upon the account holder's request to transfer allowances with a supplementary unit type 4 from an account in a registry referred to in Article 63a, the transferring registry:

(i)

checks if the balance of the Party holding account in the registry referred to in Article 63a which is only capable of holding allowances with a supplementary unit type 1, 2 or 3 is at least equal to the quantity to be transferred;

(ii)

redirects the allowances to the Party holding account in the registry referred to in Article 63a which is only capable of holding allowances with a supplementary unit type 4;

(iii)

transfers an equivalent amount of supplementary unit type 1, 2 or 3 allowances from the Party holding account that is only capable of holding allowances with a supplementary unit type of 1, 2 or 3 to the account of the account holder initiating the transaction;

(iv)

transfers these supplementary unit type 1, 2 or 3 allowances from account of the account holder initiating the transaction to the destination account;

(b)

upon the account holder's request to transfer allowances with a supplementary unit type of 1, 2 or 3 to an account in a registry referred to in Article 63a, the acquiring registry:

(i)

transfers the allowances with a supplementary unit type of 1, 2 or 3 to the destination account;

(ii)

transfers these allowances from the destination account to the Party holding account in the registry operated in accordance with Article 63a which is only capable of holding allowances with a supplementary unit type 1, 2 or 3;

(iii)

transfers an equivalent amount of supplementary unit type 4 allowances from the Party holding account that is only capable of holding allowances with an initial unit type of 0 and a supplementary unit type of 4 to the destination account. If the balance on the Party holding account capable of holding supplementary unit type 4 allowances is less than the quantity that needs to be transferred, the missing number of supplementary unit type 4 allowances are created on the Party holding account before the transfer.’.

7.

Annex X is amended as follows:

(a)

in paragraph 1, the introductory phrase is replaced by the following:

‘When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is not established, each registry shall respond to any request made by the Community independent transaction log to submit the following information for a specified time and date:’;

(b)

in paragraph 2, the introductory phrase is replaced by the following:

‘When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is established, each registry shall respond to any request made by the UNFCCC independent transaction log to submit the following information for a specified time and date:’;

(c)

in paragraph 3, the introductory phrase is replaced by the following:

‘When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is established, each registry shall respond to any request by the UNFCCC independent transaction log made on behalf of the Community independent transaction log, or by the Community independent transaction log to submit the following information for a specified time and date:’;

(d)

paragraph 6 is replaced by the following:

‘6.

The Community independent transaction log shall perform registry version and registry authentication checks, message viability checks, and data integrity checks during the reconciliation process and return the appropriate response codes if a discrepancy is detected, as set out in Table XII-1 under the range 7900 to 7999. The above-mentioned checks are equivalent to the checks related to the response codes that are set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC and are reproduced in the last column of Table XII-1 alongside the equivalent response codes under the range 7900 to 7999. If a check under the above mentioned data exchange standards that is equivalent to the checks whose response codes are set out in Table XII-1 under the range 7900 to 7999 or the implementation by the UNFCCC independent transaction log of such a check is changed by the ITL Administrator, the Central Administrator shall disable the equivalent check.’.

8.

In Annex XI, paragraph 2 is replaced by the following:

‘2.

When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is established and all processes concerning allowances, verified emissions, accounts, automatic national allocation plan table changes and Kyoto units shall be completed through the exchange of data via the UNFCCC independent transaction log and thereon to the Community independent transaction log, the Community independent transaction log shall only continue to provide the administrative process under point (b) of paragraph 1.’.

9.

Annex XII is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

The Community independent transaction log shall return response codes as part of each process, where specified in Annexes VIII to XIa. Each response code shall consist of an integer within the range 7000 to 7999. The meaning of each response code is given in table XII-1.’;

(b)

Table XII-1 is amended as follows:

(i)

the column headings and the following line are deleted:

‘Response Code

Description

7149

The people fax number is not in valid format or is out of range’

(ii)

the following column headings and the following lines are inserted in the appropriate numerical order:

‘Response Code

Description

Equivalent response code under the data exchange standards

7161

The installation related to the operator holding account is not indicated as “closed” in the national allocation plan table and therefore it is not possible to close the account

 

7162

The installation related to the operator holding account does not have an entry in the national allocation plan table and therefore it is not possible to open the account

 

7221

The acquiring or transferring account may not be in a registry referred to in Article 63a

 

7222

The allowances to be transferred may not have a supplementary unit type 4

 

7223

The acquiring account must be the cancellation account for the relevant period

 

7224

Allowances to be issued must have a supplementary unit type 4

 

7225

The combined holdings after the transaction of the two Party holding accounts involved in the transaction in the registry referred to in Article 63a must be equal to their combined holdings before the transaction

 

7226

The balance of the Party holding account capable of holding supplementary unit type 1, 2 or 3 allowances must be greater than or equal to the quantity to be transferred from the registry referred to in Article 63a

 

7227

The acquiring account must be the retirement account for the current period

 

7228

Allowances must be those issued for the current period

 

7363

the quantity of AAUs to be retired is not equal with the quantity of allowances converted with the “conversion of unallocated allowances for retirement” process

 

7364

The transaction is not initiated after 30 June of the year following the last year of the relevant five-year period

 

7365

The units to be retired are allowances and thus cannot be retired

 

7366

The quantity to be converted cannot exceed the number of allowances issued but not allocated

 

7408

The number of allowances cancelled must be equal to the number of allowances to be cancelled pursuant to Article 63o

 

7451

The total quantity of allowances in the updated NAP and in the current NAP must be equal

 

7452

The quantity allocated to new entrants may not be greater than the quantity by which the reserve is decreased

 

7525

The verified emissions figure for year X cannot be corrected after 30 April of year X+1 unless the competent authority notifies the Central Administrator the new compliance status applicable to the installation whose verified emissions figure is corrected

 

7700

The commitment period code is out of range

 

7701

Allocation must be provided for all the years within the commitment period except the years before the current one

 

7702

The new reserve must remain positive or zero

 

7703

The amount of allowances to allocate for an installation and a year must be greater than or equal to 0

 

7704

The permit identifier must exist and be connected to the installation identifier

 

7705

The amount of allowances allocated for an installation and a year in the updated NAP must be greater than or equal to this amount in the current NAP

 

7706

The amount of allowances deleted from the NAP table for installations must be equal to the amount by which the reserve is increased

 

7901

Initiating registry must be listed in Registry table

1501

7902

Initiating registry status must allow transactions to be proposed. (The CITL will maintain the current status of each registry. In this case, the CITL must recognize that the registry is fully operational.)

1503

7903

Acquiring registry status must allow transactions to be accepted. (The CITL will maintain the current status of each registry. In this case, the CITL must recognize that the registry is fully operational.)

1504

7904

Registry status must allow reconciliation actions to be conducted. (The CITL will maintain the current status of each registry. In this case, the CITL must recognize that the registry is available for reconciliation.)

1510

7905

Transaction ID must be comprised of a valid registry code followed by numeric values

2001

7906

Transaction type code must be valid

2002

7907

Supplementary Transaction Type code must be valid

2003

7908

Transaction status code must be valid

2004

7909

Account Type code must be valid

2006

7910

Initiating Account Identifier must be greater than zero

2007

7911

Acquiring Account Identifier must be greater than zero

2008

7912

The Originating Registry of all unit blocks must be valid

2010

7913

Unit Type code must be valid

2011

7914

Supplementary Unit Type code must be valid

2012

7915

Unit Serial Block Start and Unit Serial Block End must be present

2013

7916

Unit Serial Block End must be greater than or equal to the Unit Serial Block Start

2014

7917

RMUs, ERUs converted from RMUs, tCERs and lCERs must have a valid LULUCF activity code

2015

7918

AAUs, ERUs converted from AAUs and CERs must not have a LULUCF activity code

2016

7919

ERUs, CERs, tCERs, and lCERs must have a valid Project ID

2017

7920

AAUs or RMUs must not have a Project ID

2018

7921

ERUs must have a valid “Track Code”

2019

7922

AAUs, RMUs, CERs, tCERs and lCERs must not have a track code

2020

7923

AAUs, RMUs, ERUs and CERs must not have an Expiry Date

2022

7924

Transaction ID for proposed transactions must not already exist in the CITL

3001

7925

Transaction ID for ongoing transactions must already exist in the CITL

3002

7926

Previous completed transactions cannot be completed again

3003

7927

Previously rejected transactions cannot be completed

3004

7928

Transactions for which a CITL discrepancy has been previously identified cannot be completed

3005

7930

Previously terminated transactions cannot be completed

3007

7931

Previously cancelled transactions cannot be completed

3008

7932

Previously accepted external transactions cannot be terminated

3009

7933

Transaction status of Accepted or Rejected is not valid for non-external transactions

3010

7934

Transaction status from Initiating registry must indicate status of Proposed, Completed, or Terminated

3011

7935

Transaction status from Acquiring registry for an External Transfer must indicate status of Rejected or Accepted

3012

7936

Applicable Commitment Period must correspond to the current or next Commitment Period (including their “true-up” periods)

4001

7937

Units identified in the transaction must already exist in the CITL

4002

7938

Units identified in the transaction must be held by Initiating registry

4003

7939

All attributes of all unit blocks must be consistent with CITL unit block attributes except where attributes are changed by the current transaction

4004

7940

All unit blocks in transaction must be for a single Applicable Commitment Period

4005

7941

For all transactions except for external transfers, the Initiating and Acquiring Registries must be the same

4006

7942

For external transfers, the Initiating and Acquiring Registries must be different

4007

7943

Units identified in the transaction must not have inconsistencies identified through reconciliation with the CITL

4008

7945

Units identified in the transaction must not be involved in another transaction

4010

7946

Cancelled units must not be subject to further transactions

4011

7947

A transaction proposal must contain at least one unit block

4012

7948

A transaction must not issue more than one Unit Type.

5004

7949

The Original Commitment Period must be the same for all units issued by the transaction

5005

7950

The Applicable Commitment Period must be the same as the Original Commitment Period for all units issued by the transaction

5006

7951

Cancellation to Excess Issuance Cancellation Account must not take place in a national registry

5152

7952

The Acquiring Account for a cancellation transaction must be a cancellation account

5153

7953

Account identifiers must be provided for acquiring accounts in cancellation transactions

5154

7954

The unit blocks to be cancelled must have the same Applicable Commitment Period as the cancellation Account

5155

7955

The Initiating registry retiring units must be a national registry or the Community Registry

5251

7956

The Acquiring Account for a retirement transaction must be a retirement account

5252

7957

Account identifiers must be provided for acquiring accounts in retirement transactions

5253

7958

The Unit Blocks retired must have the same Applicable Commitment as the Retirement Account

5254

7959

The Initiating registry carrying over units must be a national registry

5301

7960

The Initiating Account for a carry-over transaction must be a holding account

5302

7961

Units may be carried-over only to the next subsequent commitment period

5303

7962

Reconciliation Identifier must be greater than zero

6201

7963

Reconciliation ID must be comprised of a valid registry code followed by numeric values

6202

7964

Reconciliation status must be a value between 1 and 11

6203

7965

Reconciliation snapshot must be a date between 1 October 2004 and the current date plus 30 days

6204

7966

Account Type must be valid

6205

7969

Reconciliation ID must exist in the Reconciliation Log table

6301

7970

Reconciliation status sent by registry must be valid

6302

7971

Incoming reconciliation status must be the same as the reconciliation status recorded by the CITL

6303

7972

The registry reconciliation snapshot DateTime must be consistent with the CITL Reconciliation Snapshot DateTime

6304’

(iii)

the line:

‘7301

Approaching breach of commitment period reserve’

is replaced by:

‘7301

Warning: holdings calculated pursuant to Decision 18/CP.7 of the Conference of the Parties of the UNFCCC are only 1 % above commitment period reserve’

10.

Annex XIII is amended as follows:

(a)

in paragraph 3, point (e) is replaced by the following:

‘(e)

Integrated process testing: the ability of the registry to execute all processes, including all relevant statuses and stages set out in Annexes VIII to XI and XIa, and to allow manual interventions to the database pursuant to Annex X, shall be tested.’;

(b)

paragraph 4 is replaced by the following:

‘4.

The Central Administrator shall require a registry to demonstrate that the input codes referred to in Annex VII and the response codes referred to in Annexes VIII to XI and XIa are contained within that registry's database and interpreted and used appropriately in respect of processes.’.

11.

In Annex XIV, paragraph 7 is replaced with the following:

‘7.

The XML schema for submitting a national allocation plan table to the Commission is the following:

<?xml version="1.0" encoding="UTF-8"?>

<xs:schema targetNamespace="urn:KyotoProtocol:RegistrySystem:CITL:1.0:0.0" xmlns:xs="http://www.w3.org/2001/XMLSchema" xmlns="urn:KyotoProtocol:RegistrySystem:CITL:1.0:0.0" elementFormDefault="qualified">

<xs:simpleType name="ISO3166MemberStatesType">

<xs:restriction base="xs:string">

<xs:enumeration value="AT"/>

<xs:enumeration value="BE"/>

<xs:enumeration value="BG"/>

<xs:enumeration value="CY"/>

<xs:enumeration value="CZ"/>

<xs:enumeration value="DE"/>

<xs:enumeration value="DK"/>

<xs:enumeration value="EE"/>

<xs:enumeration value="ES"/>

<xs:enumeration value="FI"/>

<xs:enumeration value="FR"/>

<xs:enumeration value="GB"/>

<xs:enumeration value="GR"/>

<xs:enumeration value="HU"/>

<xs:enumeration value="IE"/>

<xs:enumeration value="IT"/>

<xs:enumeration value="LT"/>

<xs:enumeration value="LU"/>

<xs:enumeration value="LV"/>

<xs:enumeration value="MT"/>

<xs:enumeration value="NL"/>

<xs:enumeration value="PL"/>

<xs:enumeration value="PT"/>

<xs:enumeration value="RO"/>

<xs:enumeration value="SE"/>

<xs:enumeration value="SI"/>

<xs:enumeration value="SK"/>

</xs:restriction>

</xs:simpleType>

<xs:simpleType name="AmountOfAllowancesType">

<xs:restriction base="xs:integer">

<xs:minInclusive value="0"/>

<xs:maxInclusive value="999999999999999"/>

</xs:restriction>

</xs:simpleType>

<xs:group name="YearAllocation">

<xs:sequence>

<xs:element name="yearInCommitmentPeriod">

<xs:simpleType>

<xs:restriction base="xs:int">

<xs:minInclusive value="2005"/>

<xs:maxInclusive value="2058"/>

</xs:restriction>

</xs:simpleType>

</xs:element>

<xs:element name="allocation" type="AmountOfAllowancesType"/>

</xs:sequence>

</xs:group>

<xs:simpleType name="ActionType">

<xs:annotation>

<xs:documentation>The action to be undertaken for the installation

A

=

Add the installation to the NAP

U

=

Update the allocations for the installation in the NAP

D

=

Delete the installation from the NAP

For each action, all year of a commitment period need to be given

</xs:documentation>

</xs:annotation>

<xs:restriction base="xs:string">

<xs:enumeration value="A"/>

<xs:enumeration value="U"/>

<xs:enumeration value="D"/>

</xs:restriction>

</xs:simpleType>

<xs:complexType name="InstallationType">

<xs:sequence>

<xs:element name="action" type="ActionType"/>

<xs:element name="installationIdentifier">

<xs:simpleType>

<xs:restriction base="xs:integer">

<xs:minInclusive value="1"/>

<xs:maxInclusive value="999999999999999"/>

</xs:restriction>

</xs:simpleType>

</xs:element>

<xs:element name="permitIdentifier">

<xs:simpleType>

<xs:restriction base="xs:string">

<xs:minLength value="1"/>

<xs:maxLength value="50"/>

<xs:pattern value="[A-Z0-9\-]+"/>

</xs:restriction>

</xs:simpleType>

</xs:element>

<xs:group ref="YearAllocation" minOccurs="3" maxOccurs="5"/>

</xs:sequence>

</xs:complexType>

<xs:simpleType name="CommitmentPeriodType">

<xs:restriction base="xs:int">

<xs:minInclusive value="0"/>

<xs:maxInclusive value="10"/>

</xs:restriction>

</xs:simpleType>

<xs:element name="nap">

<xs:complexType>

<xs:sequence>

<xs:element name="originatingRegistry" type="ISO3166MemberStatesType"/>

<xs:element name="commitmentPeriod" type="CommitmentPeriodType"/>

<xs:element name="installation" type="InstallationType" maxOccurs="unbounded">

<xs:unique name="yearAllocationConstraint">

<xs:selector xpath="yearInCommitmentPeriod"/>

<xs:field xpath="."/>

</xs:unique>

</xs:element>

<xs:element name="reserve" type="AmountOfAllowancesType"/>

</xs:sequence>

</xs:complexType>

<xs:unique name="installationIdentifierConstraint">

<xs:selector xpath="installation"/>

<xs:field xpath="installationIdentifier"/>

</xs:unique>

</xs:element>

</xs:schema>’.

12.

Annex XV is amended as follows:

(a)

in paragraph 1 the introductory phrase is replaced by the following:

‘When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is not established, all processes concerning allowances, automatic national allocation plan table changes, verified emissions and accounts shall be completed using a communication link with the following properties:’;

(b)

paragraph 2 is replaced by the following:

‘2.

When the communication link between the Community independent transaction log and the UNFCCC independent transaction log is established, all processes concerning allowances, automatic national allocation plan table changes, verified emissions, accounts and Kyoto units shall be completed using a communication link with the properties set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC.’.

13.

Annex XVI is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

The Central Administrator shall display and update the information in paragraphs 2 to 4a in respect of the registry system on the public area of the Community independent transaction log's web site, in accordance with the specified timing, and each registry administrator shall display and update this information in respect of its registry on the public area of that registry's web site, in accordance with the specified timing.’;

(b)

paragraph 2 is amended as follows:

(i)

in point (a) the following sentence is added:

‘In the case of operator holding accounts, the account holder name should be identical to name of the natural or legal person that is the holder of the relevant greenhouse gas permit;’;

(ii)

point (c) is replaced by the following:

‘(c)

name, address, city, postcode, country, telephone number, facsimile number and email address of the primary and secondary authorised representatives of the account specified by the account holder for that account, unless the registry administrator allows account holders to request keeping all or some of this information confidential and the account holder requested the registry administrator in writing not to display all or some of this information.’;

(c)

paragraph 3 is amended as follows:

(i)

point (d) is replaced by the following:

‘(d)

allowances and any force majeure allowances allocated and issued to the installation related to the operator holding account, which is part of the national allocation plan table or is a new entrant, under Article 11 of Directive 2003/87/EC and any corrections to such allocations;’;

(ii)

the following point (e) is added:

‘(e)

The date of the greenhouse gas permit's entry into force and the date of the opening of the account.’;

(d)

paragraph 4 is amended as follows:

(i)

point (a) is replaced by the following:

‘(a)

verified emissions figure, along with its corrections in accordance with Article 51 for the installation related to the operator holding account for year X shall be displayed from 15 May onwards of year (X+1);’;

(ii)

point (c) is replaced by the following:

‘(c)

a symbol identifying whether the installation related to the operator holding account did or did not surrender the necessary number of allowances for year X by 30 April of year (X+1) in accordance with point (e) of Article 6(2) of Directive 2003/87/EC and any subsequent changes to that status pursuant to corrections to verified emissions in accordance with Article 51 (4) of this Regulation shall be displayed from 15 May onwards of year (X+1). Depending on the installation's compliance status figure and the registry's operational status, the following symbols shall be displayed together with the following statements:

Table XVI-1: compliance statements

Compliance status figure for year X under Article 55 on 30 April of year (X+1)

Symbol

Statement

to be displayed on CITL and registries

Total surrendered allowances in accordance with Articles 52, 53, 54 for period ≥ verified emissions in period until current year

A

“A number of allowances and Kyoto units greater than or equal to verified emissions were surrendered by 30 April”

Total surrendered allowances in accordance with Articles 52, 53 and 54 for period < verified emissions in period until current year

B

“A number of allowances and Kyoto units lower than verified emissions were surrendered by 30 April”

 

C

“Verified emissions were not entered until 30 April”

Verified emissions in period until current year were corrected pursuant to Article 51

D

“Verified emissions were corrected by competent authority after 30 April of year X. The competent authority of the Member State decided that the installation is not in compliance for year X.”

Verified emissions in period until current year were corrected pursuant to Article 51

E

“Verified emissions were corrected by competent authority after 30 April of year X. The competent authority of the Member State decided that the installation is in compliance for year X.”

 

X

“Entering verified emissions and/or surrendering was impossible until 30 April due to the allowance surrender process and/or verified emissions update process being suspended for the Member State's registry in accordance with Article 6(3)” ’

(iii)

the following point (d) is added:

‘(d)

a symbol indicating if the installation’s account is blocked in accordance with Article 27(1) shall be displayed from 31 March onwards of year (X+1).’;

(e)

the following paragraphs 4a and 4b are inserted:

‘4a.

The national allocation plan table of each Member State, indicating the allocations to installations and the quantity of allowances reserved for later allocation or sale shall be displayed and updated whenever there is a correction to the national allocation plan table, clearly indicating where corrections were made.

4b.

The fees charged for the opening and annual maintenance of holding accounts in each registry shall be displayed on a continuous basis. Updates to this information shall be notified to the Central Administrator by the registry administrator within 15 days of any change in fees.’;

(f)

in paragraph 6, the following point (e) is added:

‘(e)

any set-aside table drawn up in accordance with Commission Decision 2006/780/EC (*1).

(*1)   OJ L 316, 16.11.2006, p. 12.’;"

(g)

the following paragraph 12a is inserted:

‘12a.

The Central Administrator shall make available on the public area of the Community independent transaction log's web site from 30 April onwards of year (X+1) information indicating the percentage share of allowances surrendered in each Member State for year X that were not transferred prior to their surrender.’.

(*1)   OJ L 316, 16.11.2006, p. 12.’;’


ANNEX II

The following Annex XIa is inserted to Regulation (EC) No 2216/2004:

‘ANNEX XIa

Processes concerning automatic national allocation plan table changes

1.

In accordance with Articles 17(3) and 44(2), registries may propose to the Community independent transaction log to check and implement an automatic change to the national allocation plan through a process described in this Annex.

Requirements for each process

2.

The following message sequence for processes concerning automatic national allocation plan table changes shall apply:

(a)

the registry administrator shall initiate the automatic national allocation plan table change process by assigning a unique correlation identification code comprising the elements set out in Annex VI to its request;

(b)

the registry administrator shall call the appropriate operation on the Community independent transaction log automatic national allocation plan table change Web service;

(c)

the Community Independent Transaction Log shall validate the request by calling the appropriate validation function within the Community Independent Transaction Log;

(d)

if the request is successfully validated and thereby accepted, the Community Independent Transaction Log shall amend the information it holds in accordance with that request;

(e)

the Community Independent Transaction Log shall call the “receiveNapManagementOutcome” operation on the automatic national allocation plan table change Web service of the registry which sent the request, notifying the registry as to whether the request was successfully validated and thereby accepted, or whether the request was found to contain a discrepancy and was thereby rejected;

(f)

if the request was successfully validated and thereby accepted, the registry administrator which sent the request shall amend the information held in the registry in accordance with that validated request; otherwise, if the request was found to contain a discrepancy and was thereby rejected, the registry administrator which sent the request shall not amend the information held in the registry in accordance with that rejected request.

3.

Provided that automatic national allocation plan table change processes are directed through the UNFCCC independent transaction log, a registry administrator sending a request should receive an acknowledgement of receipt from the UNFCCC independent transaction log within 60 seconds, and should receive a notification of validation from the Community independent transaction log within 24 hours. In all other cases, a registry administrator sending a request should receive an acknowledgement of receipt from the Community independent transaction log within 60 seconds, and should receive a notification of validation from the Community independent transaction log within 24 hours;

4.

The components and functions which are utilised during the message sequence are shown in table XIa-1 to XIa-6. The inputs of all functions have been structured to match the format and informational requirements described using web services description language, set out in the functional and technical specifications for data exchange standards for registry systems under the Kyoto Protocol, elaborated pursuant to Decision 24/CP.8 of the Conference of the Parties to the UNFCCC. An asterisk “(*)” has been used to denote the fact that an element can appear multiple times as an input.

Table XIa-1:   Components and Functions for Processes concerning automatic national allocation plan table changes

Component

Function

Scope

NAPTableManagementWS

AddNEInstallationtoNAP()

Public

IncreaseNAPallocationtoNEInstallation()

Public

RemoveNAPallocationofclosingInstallation()

Public


Table XIa-2:   NAPTableManagementWS Component

Purpose

The purpose of this component is to handle web service requests for the management of automatic changes to the national allocation plan table

Functions exposed through Web Services

AddNEInstallationtoNAP()

Handles the requests for adding new entrant new installations to the national allocation plan table

IncreaseAllocationtoNEInstallationinNAP()

Handles the requests for increasing the allocation in the national allocation plan table of existing installations that are new entrants

RemoveNAPallocationofclosingInstallation()

Handles the requests for removing the allocation from the national allocation plan table of installations that are closing

Other functions

Not applicable.

Roles

Community independent transaction log (for all functions) and registry (for the receiveNapManagementOutcome function only)


Table XIa-3:   NAPTableManagementWS.AddNEInstallationtoNAP() function

Purpose

This function receives a request for adding a new entrant new installation to the national allocation plan table. The allowances allocated for the years before the current year will have a value of zero. If the new entrant new installation does not receive an allocation, the amount of allowances will have a value of zero. If the new entrant new installation does receive an allocation, the reserve is reduced by an equivalent quantity.

The Community independent transaction log authenticates the initiating registry (Originating Registry) by calling the AuthenticateMessage() function and checks the version of the initiating registry by calling CheckVersion() function.

If authentication and version checks pass, a “1” result identifier is returned without any response codes, the contents of the request are written to a file by calling the WriteToFile() function and the request is put in a queue.

If authentication or version checks fail, a “0” result identifier is returned together with a single response code indicating the error cause.

The “PermitIdentifier” means the permit identification code comprising the elements set out in Annex VI.

Input parameters

From

Mandatory

To

Mandatory

CorrelationId

Mandatory

MajorVersion

Mandatory

MinorVersion

Mandatory

InitiatingRegistry

Mandatory

CommitmentPeriod

Mandatory

NewValueofReserve

Mandatory

Installation (*)

Mandatory

PermitIdentifier

Mandatory

InstallationIdentifier

Mandatory

Allocation (*)

Mandatory

YearinCommitmentPeriod

Mandatory

AmountofAllowances

Mandatory

Output parameters

Result Identifier

Mandatory

Response Code

Optional

Uses

AuthenticateMessage

WriteToFile

CheckVersion

Used By

Not applicable (called as a web service).


Table XIa-4:   NAPTableManagementWS.IncreaseAllocationtoNEInstallationinNAPIncreaseallocationtoNEInstallationinNAP() function

Purpose

This function receives a request for increasing the allocation of installations already existing in the national allocation plan table that are considered new entrants. The allowances allocated for the years before the current year won’t be modified. The reserve is reduced by a quantity that is equivalent to the quantity allocated in this process.

The Community independent transaction log authenticates the initiating registry (Originating Registry) by calling the AuthenticateMessage() function and checks the version of the initiating registry by calling CheckVersion() function.

If authentication and version checks pass, a “1” result identifier is returned without any response codes, the contents of the request are written to a file by calling the WriteToFile() function and the request is put in a queue.

If authentication or version checks fail, a “0” result identifier is returned together with a single response code indicating the error cause.

Input parameters

From

Mandatory

To

Mandatory

CorrelationId

Mandatory

MajorVersion

Mandatory

MinorVersion

Mandatory

InitiatingRegistry

Mandatory

CommitmentPeriod

Mandatory

NewValueofReserve

Mandatory

Installation (*)

Mandatory

InstallationIdentifier

Mandatory

Allocation (*)

Mandatory

Yearincommitmentperiod

Mandatory

AmountofAllowances

Mandatory

Output parameters

ResultIdentifier

Mandatory

ResponseCode

Optional

Uses

AuthenticateMessage

WriteToFile

CheckVersion

Used By

Not applicable (called as a web service).


Table XIa-5:   NAPTableManagementWS RemoveNAPallocationofclosingInstallation() function

Purpose

This function receives a request for removing installations existing in the national allocation plan table. The allowances yet unallocated will be deleted and an equivalent quantity of allowances will be added to the reserve.

The Community independent transaction log authenticates the initiating registry (Originating Registry) by calling the AuthenticateMessage() function and checks the version of the initiating registry by calling CheckVersion() function.

If authentication and version checks pass, a “1” result identifier is returned without any response codes, the contents of the request are written to a file by calling the WriteToFile() function and the request is put in a queue.

If authentication or version checks fail, a “0” result identifier is returned together with a single response code indicating the error cause.

Input parameters

From

Mandatory

To

Mandatory

CorrelationId

Mandatory

MajorVersion

Mandatory

MinorVersion

Mandatory

InitiatingRegistry

Mandatory

CommitmentPeriod

Mandatory

NewValueofReserve

Mandatory

Installation (*)

Mandatory

InstallationIdentifier

Mandatory

Output parameters

Result Identifier

Mandatory

Response Code

Optional

Uses

AuthenticateMessage

WriteToFile

CheckVersion

Used By

Not applicable (called as a web service).


Table XIa-6:   NAPTableManagementWS receiveNapManagementOutcome () function

Purpose

This function receives a NAP management operation outcome.

The initiating registry (Originating Registry) authenticates the UNFCCC independent transaction log (or Community independent transaction log if all processes referred to in Annex VIII are directed through Community independent transaction log and thereon to the UNFCCC independent transaction log) by calling the AuthenticateMessage() function and checks the version of the transaction log by calling CheckVersion() function.

If authentication and version checks pass, a “1” result identifier is returned without any response codes, the contents of the request are written to a file by calling the WriteToFile() function and the request is put in a queue.

If authentication or version checks fail, a “0” result identifier is returned together with a single response code indicating the error cause.

The response code list is populated with couples (a response code with possibly a list of installation identifiers) if the outcome is “0” for any other cause of error.

Input parameters

From

Mandatory

To

Mandatory

CorrelationId

Mandatory

MajorVersion

Mandatory

MinorVersion

Mandatory

Outcome

Mandatory

Response List

Optional

Output parameters

Result Identifier

Mandatory

Response Code

Optional

Uses

AuthenticateMessage

WriteToFile

CheckVersion

Used By

Not applicable (called as a web service).


Table XIa-7:   Processes concerning NAP Table changes

Process description

Community independent transaction log response codes

NAPTableManagementWS.AddNEInstallationtoNAP

7005, 7122, 7125, 7153, 7154, 7155, 7156, 7159, 7215, 7451, 7452, 7700, 7701, 7702, 7703, 7704

NAPTableManagementWS.IncreaseallocationtoNEInstallationinNAP

7005, 7153, 7154, 7155, 7156, 7159, 7207, 7451, 7452, 7700, 7701, 7702, 7703, 7705

NAPTableManagementWS

RemoveNA PallocationofclosingInstallation

7005, 7153, 7154, 7155, 7156, 7159, 7207, 7451, 7700, 7706

5.

If all the checks have been passed successfully, the Community independent transaction log automatically implements the national allocation plan table change into its database and informs the registry administrator and the Central Administrator thereof.’.

1.8.2007   

EN

Official Journal of the European Union

L 200/40


COMMISSION REGULATION (EC) No 917/2007

of 31 July 2007

setting, for the 2007/2008 marketing year, the minimum price to be paid to producers for unprocessed dried figs and the production aid for dried figs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Articles 6b(3) and 6c(7) thereof,

Whereas:

(1)

Article 3(1)(c) of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), lays down the dates of the marketing year for dried figs.

(2)

Article 1 of Commission Regulation (EC) No 1573/1999 of 19 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the characteristics of dried figs qualifying for aid under the production aid scheme (3) lays down the criteria which products must meet to benefit from the minimum price and payment of the aid.

(3)

The minimum price and production aid should therefore be set for the 2007/2008 marketing year in accordance with the criteria laid down respectively by Articles 6b and 6c of Regulation (EC) No 2201/96.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

For the 2007/2008 marketing year the minimum price for unprocessed dried figs referred to in Article 6a(2) of Regulation (EC) No 2201/96 shall be EUR 1 018,38 per tonne net ex-producer’s premises.

For the 2007/2008 marketing year the production aid for dried figs referred to in Article 6a(1) of Regulation (EC) No 2201/96 shall be EUR 258,57 per tonne net.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission


(1)   OJ L 297, 21.11.1996, p. 29. Regulation as last amended by the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (OJ L 157, 21.6.2005, p. 203).

(2)   OJ L 218, 30.8.2003, p. 14. Regulation as last amended by Regulation (EC) No 1663/2005 (OJ L 267, 12.10.2005, p. 22).

(3)   OJ L 187, 20.7.1999, p. 27.


1.8.2007   

EN

Official Journal of the European Union

L 200/41


COMMISSION REGULATION (EC) No 918/2007

of 31 July 2007

fixing the import duties in the cereals sector applicable from 1 August 2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1249/96 of 28 June 1996 on rules of application (cereal sector import duties) for Council Regulation (EEC) No 1766/92 (2), and in particular Article 2(1) thereof,

Whereas:

(1)

Article 10(2) of Regulation (EC) No 1784/2003 states that the import duty on products falling within CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, ex 1005 other than hybrid seed, and ex 1007 other than hybrids for sowing, is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 10(3) of Regulation (EC) No 1784/2003 lays down that, for the purposes of calculating the import duty referred to in paragraph 2 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EC) No 1249/96, the price to be used for the calculation of the import duty on products of CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00, 1005 10 90, 1005 90 00 and 1007 00 90 is the daily cif representative import price determined as specified in Article 4 of that Regulation.

(4)

Import duties should be fixed for the period from 1 August 2007, and should apply until new import duties are fixed and enter into force,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 August 2007, the import duties in the cereals sector referred to in Article 10(2) of Regulation (EC) No 1784/2003 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

This Regulation shall enter into force on 1 August 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 July 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development


(1)   OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

(2)   OJ L 161, 29.6.1996, p. 125. Regulation as last amended by Regulation (EC) No 1816/2005 (OJ L 292, 8.11.2005, p. 5).


ANNEX I

Import duties on the products referred to in Article 10(2) of Regulation (EC) No 1784/2003 applicable from 1 August 2007

CN code

Description

Import duties (1)

(EUR/t)

1001 10 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

1001 90 91

Common wheat seed

0,00

ex 1001 90 99

High quality common wheat, other than for sowing

0,00

1002 00 00

Rye

0,00

1005 10 90

Maize seed other than hybrid

15,89

1005 90 00

Maize, other than seed (2)

15,89

1007 00 90

Grain sorghum other than hybrids for sowing

0,00


(1)  For goods arriving in the Community via the Atlantic Ocean or via the Suez Canal the importer may benefit, under Article 2(4) of Regulation (EC) No 1249/96, from a reduction in the duty of:

3 EUR/t, where the port of unloading is on the Mediterranean Sea, or

2 EUR/t, where the port of unloading is in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or the Atlantic coast of the Iberian peninsula.

(2)  The importer may benefit from a flatrate reduction of EUR 24 per tonne where the conditions laid down in Article 2(5) of Regulation (EC) No 1249/96 are met.


ANNEX II

Factors for calculating the duties laid down in Annex I

17.7.2007-30.7.2007

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

(EUR/t)

 

Common wheat (*1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (*2)

Durum wheat, low quality (*3)

Barley

Exchange

Minneapolis

Chicago

Quotation

182,18

91,11

Fob price USA

229,29

219,29

199,29

155,07

Gulf of Mexico premium

14,47

Great Lakes premium

10,26

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EC) No 1249/96:

Freight costs: Gulf of Mexico–Rotterdam:

40,56  EUR/tonne

Freight costs: Great Lakes–Rotterdam:

41,48  EUR/tonne


(*1)  Premium of 14 EUR/t incorporated (Article 4(3) of Regulation (EC) No 1249/96).

(*2)  Discount of 10 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).

(*3)  Discount of 30 EUR/t (Article 4(3) of Regulation (EC) No 1249/96).


II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council and Commission

1.8.2007   

EN

Official Journal of the European Union

L 200/44


COUNCIL AND COMMISSION DECISION

of 28 June 2007

on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

(2007/541/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION

AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2) and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,

Whereas:

(1)

The Protocol to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, was signed on behalf of the European Communities and their Member States on 23 April 2007.

(2)

Pending its entry into force, the Protocol has been applied on a provisional basis as from 23 April 2007.

(3)

The Protocol should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Protocol to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.

The text of the Protocol is attached to this Decision (2).

Article 2

The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 3 of the Protocol (3). The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

Done at Luxembourg, 28 June 2007.

For the Council

The President

S. GABRIEL

For the Commission

The President

José Manuel BARROSO


(1)  Opinion delivered on 7 June 2007 (not yet published in the Official Journal).

(2)   OJ L 119, 9.5.2007, p. 32.

(3)  The date of entry into force of the protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Council

1.8.2007   

EN

Official Journal of the European Union

L 200/46


COUNCIL DECISION

of 16 July 2007

appointing four Cypriot members and four Cypriot alternate members to the Committee of the Regions

(2007/542/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Cypriot Government,

Whereas:

(1)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

(2)

Four members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Mr ZAMPELAS, Mr SARIKAS, Mr IACOVOU and Mr ELENODOROU. Four alternate members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Ms PERICLEOUS, Mr VIOLARIS, Mr MICHAEL and Mr KALLIS,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed members and alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

(a)

as members:

Mr Savvas ILIOFOTOU, Mayor of Strovolos, replacing Mr Michael ZAMPELAS,

Ms Eleni LOUCAIDOU, Municipal Councillor of Nicosia, replacing Mr Fidias SARIKAS,

Mr Savvas SAVVA, President of the Community Council of Alassa, replacing Mr Georgios IACOVOU,

Mr Michalis EVTHYMIOU, President of the Community Council of Koili, replacing Mr Spyros ELENODOROU,

(b)

as alternate members:

Mr Andreas MOISEOS, Mayor of Larnaca, replacing Mrs Barbara PERICLEOUS,

Mr Costas HADJIKAKOU, Municipal Councillor of Famagusta, replacing Mr Christakis VIOLARIS,

Mr Ioannis LAZARIDES, President of the Community Council of Psimolofou, replacing Mr Dimitris MICHAEL,

Mr Aris CONSTANTINOU, President of the Community Council of Astromeritis, replacing Mr Nikos KALLIS.

Article 2

This Decision shall take effect on the date of its adoption.

Done at Brussels, 16 July 2007.

For the Council

The President

J. SILVA


(1)   OJ L 56, 25.2.2006, p. 75.


1.8.2007   

EN

Official Journal of the European Union

L 200/47


COUNCIL DECISION

of 23 July 2007

concerning the accession of Bulgaria and Romania to the Convention on the establishment of a European Police Office (Europol Convention)

(2007/543/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to the 2005 Treaty of Accession,

Having regard to the 2005 Act of Accession (hereinafter referred to as the ‘Act of Accession’), and in particular Article 3(4) thereof,

Having regard to the recommendation from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

The Convention on the establishment of a European Police Office (Europol Convention) (hereinafter referred to as the ‘Europol Convention’) was signed at Brussels on 26 July 1995 and entered into force on 1 October 1998.

(2)

The Europol Convention was complemented by two Protocols signed on 24 July 1996 and 19 June 1997 which entered into force respectively on 29 December 1998 and 1 July 1999 (2).

(3)

The Europol Convention was amended by three other Protocols signed on 30 November 2000 (3), 28 November 2002 (4) and 27 November 2003 (5). The Protocols of 30 November 2000 and 28 November 2002 entered into force on 29 March 2007 whereas the Protocol of 27 November 2003 entered into force on 18 April 2007.

(4)

Article 3(3) of the Act of Accession provides that Bulgaria and Romania are to accede to the conventions and protocols concluded between the Member States, listed in Annex I to the Act of Accession, which comprises, inter alia, the Europol Convention and the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council.

(5)

In accordance with Article 3(4) of the Act of Accession the Council is to make all adjustments required by reason of accession to those conventions and protocols,

HAS DECIDED AS FOLLOWS:

Article 1

The Europol Convention and the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003 shall enter into force for Bulgaria and Romania on the first day of the first month following the date of adoption of this Decision.

Article 2

The texts of the Europol Convention and the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, shall be authentic under the same conditions as the other texts of the Europol Convention and the said Protocols.

Article 3

This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

Done at Brussels, 23 July 2007.

For the Council

The President

L. AMADO


(1)  Opinion of 10 July 2007 (not yet published in the Official Journal).

(2)  The Protocol of 24 July 1996 on the basis of Article K.3 of the Treaty on the European Union on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office (Europol) (OJ C 299, 9.10.1996, p. 2) and the Protocol of 19 June 1997 drawn up on the basis of Article K.3 of the Treaty on the European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol (OJ C 221, 19.7.1997, p. 2).

(3)   OJ C 358, 13.12.2000, p. 2.

(4)   OJ C 312, 16.12.2002, p. 2.

(5)   OJ C 2, 6.1.2004, p. 3.


ANNEX

Text of the Europol Convention and of the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003 in the Bulgarian and Romanian languages.