Notice Of The Eu's Co2 Registry And The Danish Kyoto Register

Original Language Title: Bekendtgørelse om EU’s CO2-kvoteregister og Det Danske Kyoto-register

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents)

Chapter 1

Scope and definitions


Chapter 2

Common provisions


Chapter 3

Operator holding accounts or aircraft operator holding accounts


Chapter 4

verifier


Chapter 5

Trading accounts, person holding accounts, auction delivery accounts and external trading platform accounts


Chapter 6

Authorised representatives and additional authorized representatives


Chapter 7

Limitation of Liability, klageafskæring, punishment, etc.


Chapter 8

The coming into.


Appendix 1

Minimum safety requirements for the use of EU


The full text
Order on EU CO2 Registry and the Danish Kyoto register1)
Pursuant to § 3, paragraph. 2, § 21 paragraph. 3 and 4, § 22, stk. 2 and 3, § 30 paragraph. 5, § 31 paragraph. 7 and 8, § 32 paragraph. 2 and § 36 paragraph. 1 and 2 of Law no. 1095 of 28 November 2012 on CO2 allowances and § 5, paragraph. 2 and § 10 paragraph. 2 of Law no. 571 of 6 June 2007 on the procedure for review, etc. of certain information with the Danish Commerce and Companies Agency determined:

Chapter 1

Scope and definitions

§ 1. The Order sets out conditions for the following types of accounts administered by the Danish Business Authority in EU CO2 Registry and the Danish Kyoto-register:

1) EU CO2 allowance registry:

a) Operator holding accounts.

b) Aircraft operator holding accounts.

c) the verifier.

d) Trade Accounts.

e) Person Holding accounts.

f) Auction delivery accounts.

g) External trade platform accounts.

2) Person Holding accounts in the Danish Kyoto register, including former operator holding accounts.

§ 2. In these Regulations, the following:

1) Reviewer: A natural person who notifies a relationship with the Danish Business Authority on behalf of a potential or existing account holder.

2) Auction Delivery Account: Special account of an auctioneer, a clearing system or a settlement system as defined in Regulation (EU) no. 1031/2010 of 12 November 2010 on the timing, administration of auctions of greenhouse gas emissions and other aspects connection with such tender pursuant to European Parliament and Council Directive 2003/87 / EC establishing a scheme for trading greenhouse gas emission, or an auction platform appointed pursuant to Article 26 or Article 30 of that Regulation.

3) Authorised Representative: A natural person, unless this only has read access, on an account holder's behalf may initiate transactions and other processes in the EU's CO2 quota register or the Danish Kyoto-register.

4) Management: The persons who effectively direct the legal person's daily activities. The daily management of the companies covered by the Act on Certain Commercial Enterprises and corporations, etc. defined as company directors or equivalent governing body.

5) Operator holding account: Special account of an operator, see. Act on CO2 quotas.

6) External trade platform account: Special account of a multilateral trade central of any kind that brings together or assists to assemble various third parties involved in the purchase and sale, see. Article 4 of the European Parliament and Council Directive 2004/39 / EC of 21 April 2004 on markets in financial instruments where it has interest to buy or sell CO2 allowances or Kyoto units.

7) Trade Account: Account, which initially may be held by any natural or legal person.

8) Legal entity: A legal entity or a branch of a foreign legal person, an administrative entity, a region, a municipality or a municipal community.

9) The account holder: a natural or legal person who holds an account in the EU's CO2 quota register or the Danish Kyoto-register.

10) Kyoto unit: A country quota (AAU), emission reduction unit (ERU) or certified emission reduction (CER, RMU, lCER or tCER).

11) Aircraft operator holding account: Special account of an aircraft operator in accordance. Act on CO2 quotas.

12) National holding account: Account belonging to the Danish government.

13) Person holding account: Account, which basically can be held by any natural or legal person.


14) Verifier: Special account of an verifier, see. Article 3, no. 3 of Commission Regulation (EU) no. 600/2012 of 21 June 2012 on the verification of reports on greenhouse gas emissions and reporting on tonne-kilometers and accreditation of verifiers pursuant to the European Parliament and Council Directive 2003/87 / EC.

15) Additional authorized representative: A natural person whose approval on an account holder's behalf may be required in addition to the approval of an authorized representative to undertake transactions and other processes in the EU's CO2 quota register or the Danish Kyoto-register.

Chapter 2

Common provisions

Creating an account

§ 3. Notification establishing an account can be submitted electronically via email to the address co2register@erst.dk referred. However paragraph. 2. The notification shall contain the information and documents resulting from Chapter 4 or 5.

PCS. 2. An operator holding account or aircraft operator holding account created after review by the Energy Agency when the operator or aircraft operator subject to the Act on CO2 quotas. Business Authority contacts after review the operator or aircraft operator to obtain the information and documents resulting from chapters 3

§ 4. An account created when the necessary information and documents available, see. However paragraph. 2. In connection with establishing an account, the account holder's authorized representatives and additional authorized representatives in charge of registration in EU CO2 allowances register or the Danish Kyoto-register in accordance with what is stated by the IT system.

PCS. 2. If the payment of fees in connection with establishing an account, see. § 18, the account can only be created when the fee is paid.

Changes in registered information

§ 5. An account holder shall, within 10 working days in writing to report changes in the information or documents submitted to the Danish Business Authority in connection with the creation or update of an account, see. However paragraph. 2. The notification must follow the information and documents in accordance with Chapter 3-6, which is relevant for the change.

PCS. 2. An account holder exempted from the notification requirement of paragraph. 1, if a change in business information is communicated Business Authority under the Executive Order on the notification, registration fee and publication etc in the Danish Business Authority.

PCS. 3. Notification pursuant to paragraph. 1 can be submitted electronically via email to the address co2register@erst.dk. The notification can also be submitted via the EU's CO2 quota register or the Danish Kyoto-register to the extent that the European Commission has developed the IT system to handle that type of review.

PCS. 4. The change is recorded when the necessary information and documents available. In connection with the registration of an amendment must account holder's authorized representatives and additional authorized representatives in charge of registration in EU CO2 allowances register or the Danish Kyoto-register in accordance with what is stated by the IT system.

§ 6. An account holder shall by 31 December each year confirm in writing to the Danish Business Authority that the information and documents submitted to the Danish Business Authority in connection with the creation or update of his account remains complete, up to date, accurate and correct.

PCS. 2. The confirmation can be submitted electronically via email to the address co2register@erst.dk. The confirmation can also be sent via the EU's CO2 quota register or the Danish Kyoto-register to the extent that the European Commission has developed the IT system to handle the type of confirmation.

§ 7. An account holder may not sell or divest of the ownership of an account to another natural or legal person referred to. However paragraph. 2.

PCS. 2. An operator may sell or divest of its operator holding account together with the production unit, which is associated with the account, see. Act on CO2 quotas.

Responsibility for registration etc. and responsibility for the submitted review

§ 8. The account holder or the prospective account holder authorizes notifier, the authorized representatives and additional authorized representatives to act as proxies at the company's or person's behalf in relation to the Danish Business Authority.

PCS. 2. When notifying the appointment of authorized representatives or additional authorized representatives must notification is signed by the authorized signatories of the account holder or of a person by the account holder has given written authority to do so.


§ 9. A reviewer, an authorized representative or an additional authorized representative, which detects a condition of the EU's CO2 quota register or the Danish Kyoto register or submit notification to the Danish Business Authority, vouches that registration or notification is legally made, including there is duly authorized and that the documentation relating to registration or notification is complete, up to date, accurate and correct.

PCS. 2. Business Authority may require the submission of evidence of registration or notification is legally made, see. § 2 of the Law on the Procedure for review, etc. of certain information with the Danish Commerce and Companies Agency.

General information

§ 10. An account holder shall, upon request from the Danish Business Authority provide any information that the Board considers necessary for the performance of the Agency's tasks in relation to the EU's CO2 Registry and the Danish Kyoto-register.

§ 11. Business Authority may require additional documentation beyond what is contained in chapters 3-6, if concrete is deemed necessary.

PCS. 2. Business Authority may in special cases make exemptions from the requirements of Chapters 3-6.

Confirmation and legalization of documents

§ 12. A copy of a document issued in Denmark that document submitted as evidence under Part 4-6, should be confirmed as a true copy by the issuing authority, a Danish municipality citizen, a court office in Denmark or an independent lawyer or notary in Denmark .

§ 13. A copy of a document issued abroad, sent by documentation in accordance with Chapter 4-6, to be legalized, see. However paragraph. 2.

PCS. 2. A copy of a document issued in a country which has ratified the Convention of 25 May 1987 on the abolition of legalization of documents in the European Union Member States, should be confirmed as a true copy by an authority or person referred to in § 12 or an independent lawyer or notary in the notifier's homeland.

§ 14. The date of a confirmation or regularization according to §§ 12 or 13 may not be more than 3 months before the date on which the document is received in the Danish Business Authority.

Translation of documents

§ 15. Where a document or a copy of a document submitted as evidence under Part 3-6, not written in Danish, Norwegian, Swedish or English must be accompanied by a certified translation into Danish or English. The same applies to confirmations and legalizations according to §§ 12 and 13 as well as documentation in accordance with paragraph. 3, 2nd sentence.

PCS. 2. A certified translation prepared in Denmark, must be made by a person who is appointed as a translator of the Danish Business Authority.

PCS. 3. A certified translation prepared abroad must be made by a person who is appointed as a translator in his homeland. The certified translation must be accompanied by documentation for the translator's qualification in that country.

Minimum safety

§ 16. An account holder and the authorized representatives must ensure that minimum safety requirements of Annex 1 are complied with.

PCS. 2. If an authorized representative or additional authorized representative to the EU's CO2 Registry and the Danish Kyoto-register no longer ensure a representative must immediately suspend its access to the relevant account and inform the Danish Business Authority findings together with a request to replace the representative authentification.

PCS. 3. An authorized representative or an additional authorized representative should be using the EU's CO2 Registry and the Danish Kyoto-register to take all necessary measures to prevent the loss, theft or compromise. A representative must immediately notify the Danish Business Authority, if data is lost, stolen or compromised.

Account Fee

§ 17. The annual fee rate to have an account in the EU's CO2 quota register are:

1) 3.830 kr. For an operator holding account and 0.14 kr. Per. free allowance allocated.

2) 3.830 kr. For an aircraft operator holding account and 0.14 kr. Per. free allowance allocated.

3) 1.100 kr. For a verifier.

4) 2.260 kr. For a trading account.

5) 2.260 kr. For a person holding account.

6) 2.910 kr. For an auction delivery account.

7) 13 950 kr. For an external trading platform account.

PCS. 2. The annual fee rate for having a person holding account in the Danish Kyoto register is 2260 kr.

PCS. 3. The annual fee rate for storage of CO2 allowances or Kyoto units on a national holding accounts referred to. § 21 paragraph. 1 is 5.640 kr. The fee is for the previous account holder.


PCS. 4. Business Authority will charge a fee under subsection. 1 pt. 1 and 2, once a year in mid-year for the current calendar year. The fee is charged regardless of whether the account holder holds the account throughout the calendar year. Operators and aircraft operators considered in relation to the collection of fees for having a holding account from the time the DEA has notified the account, see. § 3, paragraph. 2, whether the account is created. An aircraft operator holding account that the charging time status of inactive fee is charged.

PCS. 5. Business Authority will charge a fee under subsection. 1, no. 3-7, and paragraph. 2 and 3 once a year at the beginning of the year for the current calendar year. The fee is charged regardless of whether the account holder holds the account throughout the calendar year.

§ 18. When creating an account referred to in § 17 paragraph. 1, no. 3-7, and paragraph. 2 and 3 charge Business Authority a fee equal to the annual fee for the account type. The fee applies to the creation of the account, and for the remainder of the current calendar year.

PCS. 2. If a notification establishing an account does not lead to the establishment should be payable.

§ 19. Fee according to §§ 17 and 18 as well as payment according to § 36 paragraph. 3, due and payable 32 days after the date of collected; the issue.

PCS. 2. Payment of the fee must be made through the demands for payment, which is issued by the Danish Business Authority. Agency reserves the right to reject any other form of payment, for example. deposit of checks or cash.

PCS. 3. exceeded payment deadline will be charged late fee of 100 kr. To cover the Danish Business Authority's costs of dunning. Being account fee or cost plus late fee is still not paid, forwarded fee requirement or the cost of debt collection and the Danish Business Authority may close the account or deny review about creating an account.

CO2 total quota validity

§ 20. CO2 allowances issued from 1 January 2013, applies to emissions during periods of eight years beginning on 1 January 2013.

PCS. 2. 4 months after the beginning of each period specified in paragraph. 1 deletes Business Authority CO2 quotas, which are no longer valid and have not been surrendered and deleted in accordance with Article 12 of the European Parliament and Council Directive 2003/87 / EC of 13 October 2003 establishing a scheme for trading Community greenhouse gas emissions, as last amended by European Parliament and Council Directive 2009/29 / EC.

PCS. 3. Business Authority transferring CO2 quotas to account holders for the current period to replace CO2 allowances held by them, but which are deleted in accordance with paragraph. 2.

Excess CO2 allowances or Kyoto units upon closing of an account or the entry into force of restrictions on use

§ 21. Should an excess of CO2 allowances or Kyoto units transferred to a national holding account when closing an account or at the entry into force of restrictions on use, see. Articles 32 and 115 of the Commission Regulation (EU) no. 389/2013 of 2. May 2013 on the establishment of an EU register under European Parliament and Council Directive 2003/87 / EC of the European Parliament and Council Decision no. 280/2004 / EC and no. 406/2009 / EC, transfers Business Authority CO2 allowances or Kyoto units to a separate national holding account where they are stored on behalf of the former account holder pursuant. however paragraph. 2.

PCS. 2. If the account holder to another account administered by the Danish Business Authority in the EU's CO2 quota register, transfer Business Authority as far as possible CO2 allowances or Kyoto units to this account. If the account holder both a trading account and a cash account, transfers the Board of CO2 allowances or Kyoto units to a holding account. If the account holder a person holding account in the Danish Kyoto registry may Business Authority instead transfer Kyoto units to this account.

§ 22. CO2 quota kept on a national holding account in accordance with § 21 paragraph. 1, remains the previous holder's property until the expiry of the period for which allowances are valid for the meaning. § 20 paragraph. 1. § 20 paragraph. 2 and 3 shall not apply to the CO2 quota kept in the national inventory items according to § 21 paragraph. 1.

PCS. 2. Kyoto units held in a national holding account in accordance with § 21 paragraph. 1, remains the previous holder's property until the expiry of the period in which they are issued under the UN Climate Convention and the Kyoto Protocol.

§ 23. A former account holder if CO2 allowances or Kyoto units stored in a national holding account in accordance with § 21 paragraph. 1, has no right to dispose of the CO2 allowances or Kyoto units.


PCS. 2. The previous account holder can claim its CO2 allowances or Kyoto units by setting up a trading account or holding account administered by the Danish Business Authority in the EU's CO2 quota register provided. § 3, and request the Board to transfer the CO2 quotas or Kyoto units to this account. In the case of Kyoto units that can not be held in a trading account or holding account in the EU's CO2 quota register, the previous account holder instead create a person holding account in the Danish Kyoto register provided. § 3, and request the Board to transfer Kyoto units to this account.

Chapter 3

Operator holding accounts or aircraft operator holding accounts

§ 24. An operator of a production unit, see. Act on CO2 allowances will need an operator holding account per. production unit.

§ 25. An aircraft operator, see. Act on CO2 allowances will need an aircraft operator holding account.

§ 26. When creating an operator holding account or aircraft operator holding account for a legal entity registered in Denmark the operator or aircraft operator shall state his tax identification number for the Danish Business Authority and provide documentation about authorized representatives in accordance. Chapter 6.

PCS. 2. If Business Authority can obtain the following information about the legal entity from the Central Business Register and Tax Administration, the Patent Office shall contact the operator or aircraft operator to obtain such information:

1) Registered business address.

2) Subscription Rule.

3) Confirmation of VAT registration.

PCS. 3. The date of issuance of documentation referred to in paragraph. 2, Nos. 1-3, as obtained from an operator or aircraft operator shall not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

§ 27. When creating an operator holding account or aircraft operator holding account for a legal person registered abroad the operator or aircraft operator shall provide the following documentation to the Danish Business Authority:

1) Copy of certificate of registration, transcript from the business register or other proof of the legal person registered in a national company or companies register.

2) Proof of registered business address if this is not apparent from # 1.

3) Evidence of the authorized representative of the foreign company.

4) Confirmation of VAT registration in their home country.

5) Proof of authorized representatives in accordance. Chapter 6.

PCS. 2. The date of issuance of documentation referred to in paragraph. 1, Nos. 1-4, must, apart from the original registration certificate under paragraph. 1, no. 1, no later than 3 months before the date on which the documentation is received in the Danish Business Authority.

Chapter 4

Verifier

Legal entities etc.

§ 28. When creating a verifier for a legal entity registered in Denmark, the notifier must provide the verifier's tax identification number for the Danish Business Authority and provide documentation to prove that the company is accredited as a verifier in accordance with Article 15 of the European Parliament and Council Directive 2003 / 87 / EC of 13 October 2003 establishing a scheme for trading greenhouse gas emission, as last amended by European Parliament and Council Directive 2009/29 / EC.

PCS. 2. If Business Authority can obtain the following information about the legal entity from the Central Business Register, the Patent Office shall contact the notifier to obtain such information:

1) Registered business address.

2) Subscription Rule.

PCS. 3. The date of issuance of documentation referred to in paragraph. 2, no. 1 and 2, as obtained from a reviewer, may not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

§ 29. When creating a verifier for a legal person registered abroad notifier must provide the following documentation to the Danish Business Authority:

1) Copy of certificate of registration, transcript from the business register or other proof of the legal person registered in a national company or companies register.

2) Proof of registered business address if this is not apparent from # 1.

3) Evidence of the authorized representative of the foreign company.

4) Evidence that the company is accredited as a verifier in accordance with Article 15 of the European Parliament and Council Directive 2003/87 / EC of 13 October 2003 establishing a scheme for trading greenhouse gas emission, as last amended by European Parliament and Council Directive 2009/29 / EC.

5) Proof of authorized representatives in accordance. Chapter 6.


PCS. 2. The date of issuance of documentation referred to in paragraph. 1, Nos. 1-3, may not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

Individuals

§ 30. When creating a verifier for an individual should notifier may indicate the CVR number of the person's profession, if held, and provide the following documentation to the Danish Business Authority:

1) Proof of identity of the natural person. It may be a copy of one of the following:

a) A valid passport.

b) A valid ID card issued by a state that is a member of the European Economic Area (EEA) or the Organisation for Economic Cooperation and Development (OECD).

2) Evidence that the individual is accredited as a verifier in accordance with Article 15 of the European Parliament and Council Directive 2003/87 / EC of 13 October 2003 establishing a scheme for trading greenhouse gas emission, as last amended by European Parliament and Council Directive 2009/29 / EC.

3) Documentation of authorized representatives in accordance. Chapter 6.

PCS. 2. If the natural person resident in Denmark, seek the Danish Business Authority's home address from the Central Office.

PCS. 3. If the natural person resident abroad, the notifier must provide documentation confirming the person's address of permanent residence to the Danish Business Authority. It may be a copy of one of the following:

1) The identity document submitted, see. Paragraph. 1 pt. 1 if it contains the address of permanent residence.

2) Another official identity document that contains the address of permanent residence.

3) A statement from the local authorities in the person's home country confirming the individual's principal residence if the country of residence does not issue identity documents that contain the address of permanent residence.

PCS. 4. The date of issue of the declaration referred to in paragraph. 3, no. 3, may not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

Chapter 5

Trading accounts, person holding accounts, auction delivery accounts and external trade platform accounts

Legal entities etc.

§ 31. When creating a trading account, person holding account, the auction delivery account or external trading platform account for a legal entity registered in Denmark notifier must specify the device CVR number and provide the following documentation to the Danish Business Authority:

1) Statement from the company informing about the individuals who are the company's beneficial owners, as defined in the law on prevention of money laundering and terrorist financing, including name, address and the type of ownership or control is that owners practices.

2) Statement from a bank in a Member State of the European Economic Area (EEA), which confirms that the company has an open account in this bank and informs the bank account number for the open account.

3) A completed form to requisition of criminal record for public use for each member of the legal entity's management, who have permanent residence in Denmark. The form can be downloaded from the Danish Business Authority's website.

4) The criminal record of each member of the legal entity's management, who have permanent residence abroad.

5) Proof of authorized representatives in accordance. Chapter 6.

PCS. 2. If Business Authority can obtain the following information about the legal entity from the Central Business Register and Tax Administration, the Patent Office shall contact the notifier to obtain this:

1) A copy of the founding document.

2) Registered business address.

3) Members of the executive management.

4) Drawing Rule.

5) Latest annual report or the latest audited financial statements, or if no audited financial statements, a copy of the financial statements stamped by the company's CFO.

6) Confirmation of VAT registration.

PCS. 3. The date of issuance of documentation referred to in paragraph. 1 pt. 1, 2 and 4 and paragraph. 2, no. 2-4 and 6, as obtained from a reviewer, may not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

§ 32. When creating a trading account, person holding account, the auction delivery account or external trading platform account for a legal person registered abroad notifier must provide the following documentation to the Danish Business Authority:

1) A copy of the founding document.

2) Copy of certificate of registration, transcript from the business register or other proof of the legal person registered in a national company or companies register.


3) Proof of registered business address if this is not apparent from # 2.

4) Documentation of the authorized representative of the foreign company.

5) A copy of the latest annual report or the latest audited financial statements, or if no audited financial statements, a copy of the financial statements stamped by the company's CFO.

6) Confirmation of VAT registration in Denmark or home country, see. § 34.

7) Statement from the company informing about the individuals who are the company's beneficial owners, as defined in the law on prevention of money laundering and terrorist financing, including name, address and the type of ownership or control is that owners practices.

8) Statement from a bank in a Member State of the European Economic Area (EEA), which confirms that the company has an open account in this bank and informs the bank account number for the open account.

9) List of members of the company's daily management.

10) A completed form to requisition of criminal record for public use for each member of the legal person management who have permanent residence in Denmark. The form can be downloaded from the Danish Business Authority's website.

11) Criminal record for each member of the legal person management who have permanent residence abroad.

12) Documentation on authorized representatives, see. Chapter 6.

PCS. 2. The date of issuance of documentation referred to in paragraph. 1, no. 2-4, 6-9 and 11, may not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

Individuals

§ 33. When creating a trading account or a person holding account of a natural person, the notifier shall indicate the CVR number of the person's profession, if held, and provide the following documentation to the Danish Business Authority:

1) Documentation for the identification of the person. It may be a copy of one of the following:

a) A valid passport.

b) A valid ID card issued by a state that is a member of the European Economic Area (EEA) or the Organisation for Economic Cooperation and Development (OECD).

2) A completed form to requisition of criminal record for public use for the person. The form can be downloaded from the Danish Business Authority's website.

3) Statement from a bank in a Member State of the European Economic Area (EEA), confirming that the person has an open account in this bank and informs the bank account number for the open account.

4) Proof of authorized representatives in accordance. Chapter 6.

PCS. 2. It is a condition for establishing a trading account or person holding account of a natural person, the person has a permanent residence in Denmark. Business Authority obtains the person's home address from the Central Office.

VAT registration

§ 34. It is a condition for establishing a trading account or a person holding account, the account holder is registered for VAT in Denmark, see. However paragraph. 2.

PCS. 2. Requirements for VAT registration does not apply to an account holder who is a natural person, to the extent that the person's professional activity is below turnover limit for mandatory VAT registration.

Especially for auction delivery accounts and external trade platform accounts

§ 35. When creating an auction delivery account or an external trading platform account to a legal person in Denmark operates in financial instruments as specified in Article 3, no. 1, 2 and 4 of Commission Regulation (EU) no. 1031/2010 in the form of clearing, settlement, operation of a regulated market as an auction platform or operating a regulated market or a multilateral trading facility in order to allow secondary trading, the notifier for Business Authority provide evidence that the person has a permit from the Financial Supervisory Authority.

§ 36. When creating an external trading platform account the notifier must also provide the following documentation to the Danish Business Authority:

1) Documentation that the external trading platform has a safety level equivalent to or higher than the security of the EU's CO2 Registry and the Danish Kyoto register granted pursuant to Commission Regulation (EU) no. 389/2013 of 2. May 2013 on the establishment of an EU register under European Parliament and Council Directive 2003/87 / EC of the European Parliament and Council Decision no. 280/2004 / EC and no. 406/2009 / EC and that the external commerce platform has implemented security measures at least offer a level of protection equivalent to the approval of an additional authorized representative pursuant to. Article 23. 3 of the Regulation.


2) Evidence that the external trading platform takes into account the technical and security requirements described in the Data Exchange and the technical specifications referred to in Article 105 of Commission Regulation (EU) no. 389/2013 of 2 May 2013 on the establishment of a EU register under European Parliament and Council Directive 2003/87 / EC of the European Parliament and Council Decision no. 280/2004 / EC and no. 406/2009 / EC.

PCS. 2. The date of issuance of documentation referred to in paragraph. 1 may not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

PCS. 3. Business Authority costs of any expertise that Business Authority considers necessary for assessment of the documentation in accordance with paragraph. 1 lies on the prospective account holder. Before Business Authority enters into a final agreement on such aid, the Board a cost estimate for the prospective account holder. If the prospective account holder does not agree to bear the costs referred to reject the Danish Business Authority establishing the external trading platform account.

Especially the person holding accounts in the Danish Kyoto register

§ 37. The rules of person holding accounts in the EU's CO2 quota register provided. Commission Regulation (EU) no. 389/2013 of 2 May 2013 on the establishment of an EU register under European Parliament and Council Directive 2003/87 / EC and European Parliament and Council Decision no. 280/2004 / EC and no. 406/2009 / EC shall apply mutatis mutandis for person holding accounts in the Danish Kyoto-register.

Chapter 6

Authorised representatives and additional authorized representatives

§ 38. An account may have up to 6 authorized representatives and up to 10 additional authorized representatives.

PCS. 2. An account must have linked at least two authorized representatives, which not only has read access, see. Paragraph. 3. A verifier should only be attached to at least one authorized representative who not only have read access, see. Paragraph. 3.

PCS. 3. An account can be in addition to the authorized representatives in accordance. Paragraphs. 2 have attached one or more authorized representatives who have read-only access.

§ 39. Authorised representatives and additional authorized representatives must be natural persons over 18 years.

PCS. 2. All authorized representatives and additional authorized representatives associated with an account must be different persons but the same person can be an authorized representative or additional authorized representative on more than one account.

PCS. 3. An authorized representative or additional authorized representative may not transfer its status as such to another person.

§ 40. When creating an account operator, the aircraft operator or the notifier, provide the following information and documentation to the Danish Business Authority on each representative who requested to be attached account:

1) A completed authorization and consent form signed in accordance with § 8 paragraph. 2. The declaration can be downloaded from the Danish Business Authority's website.

2) Documentation for the identification of the representative. It may be a copy of one of the following:

a) A valid passport.

b) A valid ID card issued by a state that is a member of the European Economic Area (EEA) or the Organisation for Economic Cooperation and Development (OECD).

3) A completed form to requisition of criminal record for public use for the representative if he has permanent residence in Denmark. The form can be downloaded from the Danish Business Authority's website.

4) The criminal record of the representative if he has permanent residence abroad.

PCS. 2. If the representative resident in Denmark, seek the Danish Business Authority's home address from the Central Office.

PCS. 3. If the representative has permanent residence abroad, the operator, aircraft operator or notifier also provide documentation confirming the representative's address of permanent residence to the Danish Business Authority. It may be a copy of one of the following:

1) The identity document submitted, see. Paragraph. 1 pt. 2, if it contains the address of permanent residence.

2) Another official identity document that contains the address of permanent residence.

3) A statement from the local authorities in the person's home country confirming the representative's residence, if the country of residence does not issue identity documents that contain the address of permanent residence.

PCS. 4. At least one of the authorized representatives in accordance. § 38 paragraph. 2, attached to an operator holding account, trading account, person holding account, the auction delivery account or external trading platform account has to be domiciled in Denmark.


PCS. 5. The date of issue of the documentation referred to in paragraph. 1 pt. 4 and paragraph. 3, no. 3, may not be more than 3 months before the date on which the documentation is received in the Danish Business Authority.

§ 41. Notification of adding a new representative can be submitted electronically via email to the address co2register@erst.dk. The notification can also be submitted via the EU's CO2 quota register or the Danish Kyoto-register to the extent that the European Commission has developed the IT system to handle that type of review. The notification shall be accompanied by the documentation provided by § 40.

PCS. 2. Review to allocate a representative can be submitted electronically via email to the address co2register@erst.dk. The notification can also be submitted via the EU's CO2 quota register or the Danish Kyoto-register to the extent that the European Commission has developed the IT system to handle that type of review.

§ 42. If the authorized representative in accordance. § 38 paragraph. 2, for technical or other reasons can not access the EU's CO2 quota register or the Danish Kyoto registry may Business Authority upon written request of the authorized representative initiate a transaction on its behalf, if

1) the authorized representative has had technical access to the relevant account of the EU's CO2 quota register or the Danish Kyoto register

2) the lack of access is temporary

3) there are no outstanding matters related to the approval of the information or documentation on the authorized representative

4) the authorized representative's access is not suspended by Commission Regulation (EU) no. 389/2013 of 2 May 2013 on the establishment of an EU register under European Parliament and Council Directive 2003/87 / EC of the European Parliament Decision no. 280/2004 / EC and no. 406/2009 / EC and

5) the sending account permit the transaction initiation.

PCS. 2. A request under paragraph. 1, the authorized representative sent electronically to the Danish Business Authority via e-mail to the address co2register@erst.dk later than 3 working days before the transaction desired initiated. The request must contain the information necessary to initiate the transaction, including

1) the account number of the sending account

2) the account number of the receiving account

3) The amount of each device type to be contained in the transaction, and

4) Desired time of the transaction initiation.

Chapter 7

Limitation of Liability, klageafskæring, punishment, etc.

§ 43. Business Authority is not responsible for any factors arising as a result of a review or an account holder or his authorized representatives or additional authorized representatives could not be contacted via the contact details registered in the EU's CO2 quota register or the Danish Kyoto -register.

§ 44. Business Authority is also not responsible for anything that could be caused by an account holder or his authorized representatives or additional authorized representatives have not complied with the safe behavior in data handling and use of the Internet, including minimum safety requirements of § 16

§ 45. Decisions made by the Danish Business Authority under this Order and Commission Regulation (EU) no. 389/2013 of 2 May 2013 on the establishment of an EU register under European Parliament and Council Directive 2003/87 / EC and the European Parliament and Council Decision no. 280/2004 / EC and no. 406/2009 / EC may not be brought before the Energy Board or business and growth minister.

§ 46. Unless a higher penalty is warranted under other legislation, punishable by fine who

1) fails to inform in time about changes in the submitted information, see. § 5, paragraph. 1

2) fails to provide information in accordance with § 10 or

3) withholding information or giving false or misleading information that are important for the Danish Business Authority casework in relation to the EU's CO2 quota register or the Danish Kyoto-register.

PCS. 2. There can be imposed on companies etc. (legal persons) under the rules of the Penal Code Chapter 5.

Chapter 8

The coming into.

§ 47. This Order shall enter into force on 15 October 2013.

PCS. 2. Order no. 1362 of 19 December 2012 on the accounts of the EU's CO2 Registry and the Danish Kyoto register repealed.

PCS. 3. The fees according to § 17 paragraph. 1 pt. 1 and 2, levied for 2013 immediately after the Order becomes effective, replacing the 2013 fee under § 3, paragraph. 1 of Executive Order no. 1362 of 19 December 2012 on the accounts of the EU's CO2 Registry and the Danish Kyoto-register.


PCS. 4. The fee rates in § 17 paragraph. 1, no. 3-7, and paragraph. 2 and 3 are for accounts created before the Order enters into force, effective from 1 January 2014.

PCS. 5. Account Documentation, which has been approved in accordance with Regulation no. 1362 of 19 December 2012 on the accounts of the EU's CO2 Registry and the Danish Kyoto-register, the Danish Business Authority and conditions of the EU's CO2 Registry and the Danish Kyoto register 10 . august 2012 are considered as approved under this notice provided. however paragraph. 6

PCS. 6. verifier approved in accordance with Regulation no. 1362 of 19 December 2012 on the accounts of the EU's CO2 Registry and the Danish Kyoto-register, the Danish Business Authority and conditions of the EU's CO2 Registry and the Danish Kyoto register 10 . august 2012, suspended. If the account holder no later than 1 March 2014, sent documentation to the Danish Business Authority under this Executive Order § 28 para. 1, § 29 paragraph. 1, no. 4, or § 30 paragraph. 1, no. 3, close the account.

PCS. 7. Reviews and account documentation, etc., Which by this provision came into force is under processing in accordance with Regulation no. 1362 of 19 December 2012 on the accounts of the EU's CO2 Registry and the Danish Kyoto-register, the Danish Business Authority and conditions of the EU's CO2 registry and the Danish Kyoto-register by august 10, 2012, prepared under the rules of this Order.

Business Authority, October 9, 2013
Victor Kjær
/ Søren Houen



Appendix 1

Minimum safety requirements for the use of the EU's CO2 Registry and the Danish Kyoto register
The Annex referred to as an authorized representative or an additional authorized representative both as a "user". By "administrator" shall mean the Annex account holder's IT system.
First updates



- Operating Systems (OS) and other programs installed on the user's computer should be updated with the latest security patches from the software vendor.

Second Restricting administrator rights



- Administrator accounts on the user's computer should be used only by trusted people and only to installed authorized and trusted applications (see section. 6 below). Generally, your computer should be as well protected as possible.

- In connection with access to the EU's CO2 quota register or the Danish Kyoto registry and the Internet, a user must use a computer where the user is logged in as a user and not as an administrator.

Third Anti-malware and antivirus policy



- The user is required to use an antivirus program and a firewall program and update these programs regularly, at least weekly.

- A full and comprehensive scanning for malicious virus or spyware must be done at least every other week using updated antivirus and anti-malware programs.

- Ideally, a user's computer simultaneously using two different antivirus programs (from two different publishers).

Fourth Locking the computer



- The computer must have a screen saver set up so that the user's computer is locked by a maximum of 3 minutes of inactivity.

Fifth Control of removable media



- A user can not connect uncertain USB media or similar to his computer.

- A computer should be set up so that it denies the connection of USB media or the like, or at least log the connection of such media.

6th Positive list of programs



- An exhaustive list of allowed programs on users' computers to be defined.

- The Administrator shall, through monitoring or scanning sure that no other programs are installed on the user's computer.

- Any unauthorized program is to be removed.

7th Logging and loggennemgang



- Use of external accesses as well as user entries to the user's computer to log and often analyzed by the administrator. Any irregularity should lead to further investigation.

8 thereof. Secure Internet



- Any use of the EU's CO2 quota register or the Danish Kyoto-register must be through a secure Internet connection.

- The secure Internet connection must contain a logical (firewall-based) security between the internal network where users' computers are connected and the Internet, including an intrusion detection system on both network and host level (HIDS) and antivirus functionality.

- The secure Internet connection to limit access to the Internet through the blacklisting functionality.

9th User Education




- A user must be trained in the use of EU CO2 Registry and the Danish Kyoto-register and must be made aware of information security issues.

- A user should avoid sharing the computer used to access the EU's CO2 quota register or the Danish Kyoto registry with other people.

- EU CO2 Emission Trading Registry or the Danish Kyoto-register must never be accessed via hyperlinks in e-mails. The European Commission and the Danish Business Authority will never send a user e-mails with links or attachments that will be used to access the EU's CO2 quota register or the Danish Kyoto registry and will never ask for a user's password or that the user has to use a particular program.

- The user should only open attachments in e-mails after careful consideration with respect to the e-mail sender and content, and never open attachments in Microsoft Windows have the extensions. com. bat. vbs,. wsh or. exe, or the like.

- A user will always be informed of important news via e-mail or through notices on the Danish Business Authority's website (www.erst.dk) or EU's CO2 quota Registry and the Danish Kyoto registry's website (https: //ets-registry.webgate. ec.europa.eu/euregistry/DK/index.xhtml).

- Danish Business Authority will send any e-mails related to the EU's CO2 Registry and the Danish Kyoto-register from the addresses co2register@erst.dk or kvo@erst.dk.

- If a user has a basis for suspicion about e-mails or the like received in connection with the EU's CO2 quota register or the Danish Kyoto registry, the user must immediately contact the Business Authority electronically through the e-mail address co2register@erst.dk or per. telephone by calling 72 20 00 30 (weekdays at. 9.30 to 14.30).

10th Configuring a user's computer



- The computer must be set up so that the automatic log-in feature is not used. After boot the OS or the start of a program the computer must always ask for the appropriate password.

- The Internet browser must be configured so that the user information can not be stored in the browser.

- Boot from CD / DVD or USB media (through the BIOS configuration) must be avoided. A user may not have access to the BIOS setup that must be locked with a strong password that must be different from the password used to log-in.

- The computer must be set up so that no shared resources (such as folders and printers) are available, and so that no servers (eg http (s), ftp, etc.) Or file-sharing services (eg, BitTorrent) running in the background.

- The computer must be set up so that a user does not have Internet access with administrator privileges, but only with limited rights. The user may not have access to install applications via the user account that the user is using to access the Internet and the EU's CO2 quota register or the Danish Kyoto-register.

11th Using the EU's CO2 Registry and the Danish Kyoto register



- A password to the EU's CO2 Registry and the Danish Kyoto register is strictly personal.

- A user is considered to be responsible for any action in the EU's CO2 quota register or the Danish Kyoto-register, which is made with the user's username and password.

- A user of the EU's CO2 quota register or the Danish Kyoto-register must ensure that his or her username, password or text éngangskode not come to other persons concerned, including users and account holders in the EU's CO2 Registry and the Danish Kyoto-register. Neither the European Commission nor the Danish Business Authority will ask a user to send his user name and password via e-mail.

- User entries that have not been used for 6 months, will be disabled.

- To access the EU's CO2 quota register or the Danish Kyoto register recommended that the Internet address be dialed into the Internet browser address field. The address to the EU's CO2 Registry and the Danish Kyoto-register is: https://ets-registry.webgate.ec.europa.eu/euregistry/DK/index.xhtml. If the user does not type the address into every time the page is accessed, the user must check that SSL connection is active (by "https" not "http" shown in the Internet browser address field) and that the SSL certificate that appears when the user click on your Internet browser's lock icon or the like, issued by "GlobalSign Organization Validation CA - G2" to "ets-registry.webgate.ec.europa.eu" and is valid from 30 november 2011 to 30 november 2013. || |

- When a user leaves his computer, the user must log out of the EU's CO2 Registry and the Danish Kyoto-register so that no unauthorized person can access the user's account in the EU's CO2 quota register or the Danish Kyoto-register.

- A user must take reasonable precautions to prevent unauthorized use of mobile devices whose numbers are used for communication with the EU's CO2 quota register or the Danish Kyoto-register.

- The mobile device that receives the SMS éngangskoder in the EU's CO2 quota register or the Danish Kyoto record may not simultaneously be used for Internet traffic.

12th Cancellation of fraudulent transactions



- If a user suspects that a transaction has been initiated with fraudulent (criminal) purposes, the user up to 2 hours before the end of the transaction delay request Business Authority to cancel the transaction on its behalf.

- The user must then immediately contact the Business Authority electronically through the e-mail address co2register@erst.dk and publicity. telephone by calling 72 20 00 30 (weekdays at. 9.30 to 14.30) or to the emergency telephone at the telephone number 35 29 18 62 (weekdays at. 16:30 to 21:00 and Saturdays, Sundays, holidays and closing at. 10:00 to 18:00). Comments to the emergency telephone must not be made with other purposes.

- The account holder shall report the suspected fraud to the police immediately after the request to the Enterprise Agency, cf.. Article 39. 4 of Commission Regulation (EU) no. 389/2013 of 2 May 2013. A copy of this notification must be sent to the Danish Business Authority within 7 calendar days.
Official notes

1) The Order contains provisions that implement European Parliament and Council Directive 2003/87 / EC of 13 October 2003 establishing a scheme for trading greenhouse gas emissions in the Community and amending Council Directive 96/61 / EC Official 2003 no. L 275, page 32, as amended by the European Parliament and Council Directive 2004/101 / EC of 27 October 2004, Official Journal 2004 No. L 338, page 18, the European Parliament and Council Directive 2008 / 101 / EC of 19 november 2008, Official Journal 2009, no. L 8, page 3, and the European Parliament and Council Directive 2009/29 / EC of 23 april 2009, Official Journal 2009, no. L 140 , page 63. the Order includes certain provisions of Commission Regulation (EU) no. 389/2013 of 2 May 2013 on the establishment of an EU register under European Parliament and Council Directive 2003/87 / EC and the European Parliament and Council Decision no. 280/2004 / EC and no. 406/2009 / EC and repealing Commission Regulation (EU) no. 920/2010 and no. 1193/2011, Official Journal 2013 no. L 122 , page 1. According to Article 288 of the TFEU Treaty, a regulation applicable in all Member States. The reproduction of these provisions in the Order are exclusively based on practical considerations and does not affect the regulations are directly applicable in Denmark.