(fra kommisjonsforordningen)

(1) Commission Delegated Regulation (EU) 2019/1122 lays down rules for the functioning of the Union Registry, established under Directive 2003/87/EC of the European Parliament and of the Council. 

(2) Regulation (EU) 2018/842 lays down obligations for Member States with respect to their minimum contributions towards the Union’s 2030 target for reducing its greenhouse gas emissions. 

(3) In accordance with Article 12 of Regulation (EU) 2018/842, the Union Registry is to ensure the accurate accounting of transactions under that Regulation.

(4) Regulation (EU) 2018/842 has been amended by Regulation (EU) 2023/857 of the European Parliament and of the Council to increase the Union’s 2030 target for reducing greenhouse gas emissions (from a 30 % reduction to a 40 % reduction compared to 2005 levels) and to adjust some of the requirements applicable to the use of the flexibilities provided to Member States by that Regulation. 

(5) Regulation (EU) 2018/842 provides some Member States with the possibility of notifying the Commission, in 2023, of their intention to make use or further use of a limited cancellation of EU ETS allowances for the purpose of compliance with their obligations under that regulation (‘the ETS flexibility’) and of revising their notified intentions in 2024 and 2027, not only downwards, as it was originally the case, but also upwards. Therefore, it is appropriate to amend the provisions of Regulation (EU) 2019/1122 on the creation of annual emission allocations (AEAs) in the EU Annex II AEA Total Quantity Account. Additionally, in the absence of an actual definition of the term ‘excess emissions’ for the purpose of the Member States’ use of the ETS flexibility, it is appropriate to replace that term by the formula that is to be used in the determination of whether, and to what extent, a Member State can use the ETS flexibility to ensure compliance in a given year. 

(6) Regulation (EU) 2018/842 requires Member States to inform the Climate Change Committee before transferring AEAs to other Member States. Therefore, it is appropriate to reflect the amendments to the conditions regarding the transferability of the AEAs. 

(7) For clarity and consistency across the different chapters of Delegated Regulation (EU) 2019/1122, it is appropriate to replace the term ‘land mitigation units’ and its abbreviation ‘LMUs’ by ‘land removal units’ and ‘LRUs’, respectively. 

(8) Furthermore, Regulation (EU) 2018/842 was amended as regards the ceilings on borrowing and banking of AEAs, on ex ante transfers of AEAs to other Member States and on the use of net removals from the land use, land use change and forestry (‘LULUCF’) sector. Therefore, it is necessary to reflect those changes in Delegated Regulation (EU) 2019/1122. 

(9) The establishment of the safety reserve is subject to the fulfilment of the Union’s 2030 target on the reduction greenhouse gas emission in the sectors covered by Regulation (EU) 2018/842. Therefore, the Union’s new target on greenhouse gas emissions covered by Regulation (EU) 2018/842 should be reflected in the requirements for the creation of AEAs in the EU ESR Safety Reserve Account. 

(10) The reversal of transfers to ESR Compliance Accounts or Member State LULUCF Compliance Accounts should be carried out under the same conditions, with the appropriate adaptations, that are applicable to the reversal of allocation of general allowances, or aviation allowances, initiated unintentionally or erroneously by a national administrator. Therefore, it is appropriate to correct the erroneous legal reference in Article 59s(2) of Delegated Regulation (EU) 2019/1122 to Article 62(4), (6), (7) and (8) of that Regulation. 

(11) Delegated Regulation (EU) 2019/1122 should therefore be amended and corrected accordingly,