MEMO/11/44 
Brussels,  25 January 2011 
Statement on the suspension of the EU ETS national registries 
Update on transitional measure: EU ETS registry system
  
Following  the suspensions of transactions, except for allocation and surrender of
allowances,  in all EU ETS national registries at least until 26 January 2011,
announced  on 19 January 2011, significant progress has been made in recent days. 
On Friday,  Member States have unanimously endorsed the action taken by the
European  Commission. On Monday, agreement has been reached on guidance for
the minimum  requirements that each national registry has to fulfill in order to resume
normal  operations. 
This  guidance has been distributed to the competent authorities. Each Member State
has been  asked to urgently provide the European Commission with an independent
report  confirming that the minimum security requirements have been put in place. 
The  European Commission is now awaiting these reports from Member States
before  national registries are fully re-activated. The first reports are expected to  be
submitted  in the coming days. 
The  European Commission will continue to provide updates and will give a 24 hour
lead-time  ahead of the re-activation of national registries. 
Questions and answers: 
1. What  minimum security requirements must national registries fulfill? 
The minimum  security requirements are confidential. These requirements are similar
to those  applied for other sensitive IT systems, like electronic banking systems. They
are  designed to ensure that every company holding allowances in a national registry
has an  adequate level of protection that the allowances are secure in this registry
account. 
2. Does the  extended suspension not disturb the carbon market? 
As the  overwhelming part of the market is in futures, i.e. not for immediate delivery  of
allowances  in registries, the practical implications of the suspension so far are limited
to less  than a fifth of the normal daily market volume. The suspension has
furthermore  had no effect on market prices. 
3. How long  will it take for all national registries to be operational again? 
We can  provide no estimate at this stage. In the first place this is in the hands of
individual  Member States now, which have to mobilize the resources to upgrade
security  where needed. In order to underline the importance of this issue,
Commissioner  Hedegaard has written to all Ministers to urge a swift follow-up and
implementation  of the guidance. 
4. Will the  European Commission disclose further details of unauthorized transfers  of allowances, including serial numbers of affected allowances? 
No, the  European Commission has no authorization under relevant legislation to
disclose  such details nor has it been provided with complete information by affected
national  registries. While it does support national law enforcement agencies, the
European  Commission has no investigative powers to follow up the thefts. 
5. What  happens with allowances transferred with authorisation? 
The  recovery of any allowances which are claimed to have been transferred
fraudulently  has not been harmonised, and is therefore a matter for national law and
national  law enforcement authorities. Generally, allowances continue to represent
legally  valid and tradable compliance instruments, but national civil and criminal laws have different approaches.  |