Courtesy translation. In case of discrepancy, the Danish text shall prevail
Terms of Use for the Danish Emission Trading Registry
23 January 2012
1. Legal basis and rules on running the Registry
Any use of the registry, its organization and operation must be in accordance with:
· The Registry Regulation.
· Consolidated Act no. 1222 of 15 October 2010 on CO2 allowances.
· Executive Order no. 118 of 27 February 2008 on the Danish Emission Trading Registry and CDM and JI projects and credits; as amended.
These Terms of Use implement and repeat provisions from the above mentioned legal documents, but the Terms of Use are not exhaustive, for which reason reference is made to the above mentioned documents for a complete overview of the regulation in force.
2. Obligation of the account holder and users to keep themselves up to date with new editions of these Terms of Use
Account holders and users of the Registry are obligated to keep up to date with any changes in these Terms of Use. The most recent edition of the terms can always be found at the Danish Energy Agency website, www.ens.dk. If the Account holder cannot agree to these Terms of Use or changes thereto, the account holder must immediately inform the Registry Administrator via co2register@ens.dk.
3. Security
The Danish Emission Trading Registry complies with the EU and UN security requirements for emission trading registries.
The Danish Emission Trading Registry automatically logs the IP addresses used in connection to transactions in the Registry.
The Danish Emission Trading Registry provides two levels of login security (2 factor authentication):
I. Username and password.
II. SMS one-time login code.
Username and password
§ Any person registered as a user of the Danish Emission Trading Registry will receive a unique user name and password. This applies to the account holder’s primary authorized representatives (PAR), the account holder’s secondary authorized representatives (SAR), the account holder’s additional authorized representatives (AAR) and the verifier’s authorized representatives.
§ Password must be composed of a minimum of 8 alphanumerical characters, and must be changed at least every two months and should be not re-used. It should not be made of elements easily related to the user (e.g. first name, family name, birth date, etc.).
§ The account holder’s authorized representatives must ensure that their user name and password will not become known to unauthorized persons. Password for logging in to the registry is strictly personal. Never share your password with anyone, including Registry Administrators on the helpdesk or other account holders and authorized representatives in the Danish Emission Trading Registry.
§ You will only be asked for your username and password on the registry log in screen once.
§ If you are asked for your login details by any other method, contact the Danish Emission Trading Registry helpdesk immediately by phone or e-mail to co2register@ens.dk.
§ If you suspect that other people have, or might have had, knowledge of your username and password and thereby access to your account, immediately contact the Danish Emission Trading Registry helpdesk or in case of weekend or holidays connect to the registry website and lock your user access by entering an erroneous password three times in a row, then contact the Danish Emission Trading Registry helpdesk on the first working day.
§ Credentials that are not used for six months may be de-activated.
User machines and network security
§ It is the account holders’ and the authorized representatives’ obligation to use and update anti-virus software and firewall software regularly, as a minimum on a weekly basis.
§ Run a full and in depth antivirus check at least every two weeks.
§ Operating System (OS) and other software installed in the machine should be updated with the latest security patches released by their software house. Check for updates as a minimum on a weekly basis.
§ Never use links in emails to access the registry.
§ Only open attachments to emails after careful consideration of their source and content, and never open any attachments with, e.g. in Microsoft Windows, a .com, .bat, .vbs, .wsh or .exe extension on the filename.
§ If you have any cause for suspicion regarding received emails related to the Danish Emission Trading Registry, contact the Danish Emission Trading Registry helpdesk. If you have any cause for suspicion regarding any other emails, contact your system administrator.
§ Administrator accounts in the machine should be used by trusted people and only to install authorized and trusted programs. In general the machine should be as-well-protected-as-possible.
§ To connect to the Danish Emission Trading Registry you should use a machine where you log in as a “user”, never as an “administrator”.
§ Never use “auto log in” systems. After Operating System (OS) boot or software start, the log in password for the machine should always be asked.
§ Use a screensaver that logs the user out after about 3 minutes of inactivity.
§ Do not store your registry login credentials in the browser.
§ Avoid booting from CD/DVD and/or USB devices (using setup of PC BIOS). Protect BIOS access with a strong password (see above) different from the machine log in password.
§ Avoid sharing the PC used to connect to the Danish Emission Trading Registry with other people.
§ Do not share resources (e.g. folders and/or printers) or run servers (e.g. http(s), ftp, etc.) or filesharing (e.g. BitTorrent) in the PC used to connect to the Danish Emission Trading Registry.
§ Do not connect any non trusted USB device to your PC.
§ Do not connect to the Danish Emission Trading Registry from publicly available (unsecure) WIFI hotspots. Wait until you are in a more safe and controlled environment.
§ Do not let your wireless card automatically connect to the nearest network (WIFI).
§ Turn off your wireless card, when it is not in use.
User smartphones (mobile phones) that are used to receive SMS codes from the Registry
§ Always protect your phone with a phone lock with password or unlock pattern, so that others cannot use your phone. If possible, automatic lock should be enabled.
§ Avoid to share your phone with other people.
§ When wireless internet (WIFI) and Bluetooth is not in use, it should be turned off.
§ Avoid connecting to publicly available (unsecure) WIFI hotspots. Do not let your phone automatically connect to the nearest hotspot.
§ If allowed by your phone’s Operating System (OS), antivirus and malware program should be used and updated regularly, at least weekly. Perform a full and in depth antivirus check at least every two weeks.
§ Operating System (OS) and software (applications) installed on the phone should be updated with the latest updates, that are published by the relevant vendors. Allow for e.g. automatic updates of installed programs or check for updates at least every two weeks.
§ Only open attachments to emails after careful consideration of their source and content, and never open any attachments with, e.g. in Microsoft Windows, a .com, .bat, .vbs, .wsh or .exe extension on the filename.
§ Do not store your registry login credentials in the browser.
§ Only install programs that you trust and be cautious of program rights on the phone.
Registry
§ Check our news page on the Danish Emission Trading Registry at least once a week for regular updates.
§ The Danish Emission Trading Registry automatically cuts off connection if the access has not been active for some time. After this you have to log in again using your user name and password. If your session expires, close down your browser completely before logging in again.
§ To access the Danish Emission Trading Registry website, always type our website directly into the address box of your browser. You can access the registry via https://www.kvoteregister.dk.
§ When leaving your computer, you should log out of the Danish Emission Trading Registry so that unauthorised persons cannot gain access to your account in the Registry.
Registry Helpdesk
§ Users are informed directly by email and/or on the registry news page (https://www.kvoteregister.dk) about important news.
§ The Danish Emission Trading Registry helpdesk sends all automated and non-automated e-mails from co2@register.dk with “co2register” as the sender name.
§ We will never ask you to provide us with your password for the Danish Emission Trading Registry.
§ If you have any cause for suspicion, contact the Danish Emission Trading Registry helpdesk immediately.
§ Helpdesk contact: e-mail: co2register@ens.dk; phone: +45 3392 7511.
§ Registry Helpdesk is open Monday-Friday between 10-12 AM and 1-3 PM (CET). Closed on public holidays. Temporary changes to the Helpdesk hours will be announced on the Registry news page.
4. Fee
Companies subject to the Danish CO2 Allowances Act must pay a fee of DKK 0.26 per free allowance allocated for accounts linked to installations covered (operator holding accounts).
For person holding accounts (accounts not linked to installations covered by the Act) a fee of DKK 600 is charged in connection with the account opening. This fee covers the rest of the current year and, hereafter, an annual fee of DKK 600 is charged for the account.
When opening an account the due fee will be charged when satisfactory documentation is received and the account has been opened. A new account will be blocked for trade until the due fee is received and registered.
The Registry Administrator may block and permanently terminate accounts, if due fees are not paid in time.
The Registry Administrator may return any paid surplus to the bank account that the account holder has provided information about, cf. the Annexes.
The fees cover the Danish Emission Trading Registry’s costs in connection to operation of the Registry and services to account holders.
5. Conditions for ID information and documentation for person holding accounts, operator holding accounts, aircraft operator holding accounts and verifier accounts
Required documentation
When applying for a person holding account in the Danish Emission Trading Registry the applicant shall provide the Registry Administrator with the information and documents stipulated in either Annex 1 (natural persons) or Annex 2 (legal persons). The applicant vouch vis-a-vis the Registry Administrator that the provided information and documentation are complete, up to date, accurate and true.
When opening an operator holding account or an aircraft operator holding account (for operators pursuant to the Danish Act on CO2-allowances) the operator shall provide the Registry Administrator with the information and documents stipulated in Annex 3 or 4 respectively. The vouch vis-a-vis the Registry Administrator that the provided information and documentation are complete, up to date, accurate and true. If the operator wants to open further accounts than the operator account required by law, the operator must apply for a person holding account, cf. above.
When opening a verifier account the applicant shall provide the Registry Administrator with the information and documents stipulated in Annex 5. The applicant vouch vis-a-vis the Registry Administrator that the provided information and documentation are complete, up to date, accurate and true.
The Registry Administrator may request further documentation if found necessary in the individual case.
If the applicant cannot possibly provide one or more of the requested documents, the Registry Administrator may be contacted by email to co2register@ens.dk in order to clarify what alternative documentation may be acceptable.
The Registry Administrator may make an exemption in individual cases to requirements not resulting from the Regulations.
The Registry Administrator may present the provided information and documentation to other relevant authorities, companies or persons, if deemed necessary to verify whether the information and documentation are complete, up to date, accurate and true.
Authorized representatives (PAR/SAR and AAR etc.)
The authorised representatives must be natural persons over 18 years. The authorised representatives registered to an account must be different persons, but the same person can be an authorised representative on more than one account. Please note, that at least one of the PAR and SAR must be a permanent resident of Denmark; except for representatives registered to aircraft operator holding accounts and verifier accounts. At all times both a PAR and a SAR must be appointed for each account; except for verifier accounts.
All accounts may nominate additional authorized representatives (AAR). The rules and required documentation for AAR is the same as for PAR and SAR, cf. Annex 1-5 respectively. A blank form can be found at www.ens.dk.
An authorised representative may not transfer its status as such to another person, i.e. give his/her username and password to another person.
Forwarding an application
An application for an account in the Danish Emission Trading Registry will not be considered received by the Registry Administrator until all required information and documents have been received.
The documents may be:
· Uploaded through the registry during the online application process.
· Subsequently forwarded by e-mail to co2register@ens.dk. Please state the application reference number received during the online application process.
· Subsequently forwarded by post to:
Danish Energy Agency
Amaliegade 44
DK-1256 Copenhagen K
Denmark
Att.: Danish Emission Trading Registry
Please state the application reference number received during the online application process. Documents forwarded by post must be the original certified copies. If documents are forwarded by post, please alert the Registry Administrator about the fact by e-mail to co2register@ens.dk and state the application reference number. The forwarded documents may be returned, if requested by the applicant.
If no documentation has been received within 10 days of the online application, the Registry Administrator may reject the application. The applicant is responsible for the readability of the forwarded documents and that the PDF files are undamaged and can be read by the Registry Administrator.
6. Duty of the account holder and the authorised representatives to provide information about changes
The account holder or the authorised representatives must notify the Registry Administrator within 10 working days of any change in the information given to the Registry Administrator in connection with the opening of an account or subsequent account updates. This notification must be given by updating the information in the Registry and providing to the Registry Administrator the required documentation stipulated in Annex 1-5 respectively. The documentation may be provided as stated above, cf. no 5. If forwarded by e-mail or post please state the update request reference number received during the online update process.
7. Transfer of accounts
The account holder of a person holding account, an aircraft operator holding account or a verifier account may not sell or divest of the ownership of its account to another person.
The account holder of an operator holding account may only sell or divest of its operator holding account together with the installation linked to the operator holding account.
8. The Registry Administrator’s right to block and permanently terminate accounts
The Registry Administrator may block an account, including if:
§ The account holder violated these Terms of Use.
§ The account holder cannot agree to changes to these Terms of Use.
§ The account holder has not paid its fees.
§ The account holder has not provided the relevant documentation to support the changes to account information.
§ The account holder has not maintained at least a PAR and SAR for the account.
§ The account holder has not maintained at least one representative with permanent residence in Denmark; except for aircraft operators and verifiers.
§ The legal person account holder has not maintained VAT registration in Denmark; except for aircraft operators.
§ The natural person account holder died without a legal successor.
§ The legal person account holder ceased to exist as a legal person.
§ The Registry Administrator suspects that allowances or Kyoto units have been subject to a transaction constituting fraud, money laundering, terrorist financing or other serious crime.
The Registry Administrator may permanently terminate the relevant account, if the episode cannot be solved within a reasonable time frame.
If the Registry Administrator learns or has a reasonable suspicion that the account holder has provided false or incomplete information or documentation to the administrator, e.g. in relation to an account application or subsequent changes in the account information, the Registry Administrator may block the account until the episode has been investigated and solved. The same applies, if the Registry Administrator learns, that the account holder has not notified the administrator about changes in the account information, cf. no 6 above. The Registry Administrator may permanently terminate the relevant account, if the episode cannot be solved within a reasonable time frame.
The Registry Administrator may permanently terminate an account without prior notice if the account holder or the authorized representatives seriously breach these Terms of Use, including if the Administrator learns, that false information or forged documentation have been forwarded or if the account has been used for criminal activity. Persistent breach may likewise be deemed to constitute serious breach notwithstanding that the individual breach may not be considered serious.
9. Handling of personal data and access to data
All information in the Danish Emission Trading Registry, which is not publicly available, is confidential, including account numbers, account details, transactions and the unique serial numbers of allowances and Kyoto units.
The Registry Administrator has access to all information in the Registry and is subject to a duty of confidentiality.
The Registry Administrator is obliged to make public certain pieces of information from the Registry in the European Commission web site (http://ec.europa.eu/environment/ets/). The following information is made public:
· Account holder’s name, address, postal code, city, country, phone no, and email address.
· The holding of allowances and credits for account 5 years previously (e.g. the holding in 2006 will be published in 2011).
Information about the authorised representatives is only made public is the account holder requests the Registry Administrator to do so.
Information given to the Registry Administrator is subject to the data processing required in the Registry; cf. Commission Regulation (EU) No 920/2010 of 7 October 2010; as amended.
The Registry Administrator may disclose data from the Registry, including personal data, to – inter alia – other Registry Administrators as well as law enforcement and tax authorities, including such authorities in other countries, if this information is necessary for the performance of their tasks.
The Danish Minister for Taxation has access to all necessary Registry information in order to perform his duties.
10. Liability of the Danish Emission Trading Registry
The Registry Administrator is not liable for any incident that is caused because the account holder or authorized representatives did not comply with these Terms of Use, including not observing the minimum requirements for security of their system and a safe behaviour in handling data and navigating the internet.
The Registry Administrator is not liable for errors and delays caused by system failure or other circumstances beyond the control of the Registry Administrator. Besides, common rules on liability for damages according to Danish law are applicable.
The Registry Administrator may contact the account holder by letter to the address stated by the account holder or by email to the email addresses stated by the account holder for the account holder and the authorised representatives. The Registry Administrator shall not be responsible for any incidents due to the fact that the account holder or the authorised representatives could not be reached at the addresses or email addresses provided.
11. Guidance on using the Registry
The most recent edition of the guide can be found at the Danish Energy Agency website, www.ens.dk. The guide includes information about how to ensure timely surrender of allowances in the event that there is no electronic access to the Registry.
Annex 1
PERSON HOLDING ACCOUNTS
ID information and documentation for
Natural Person account holders
The applicant vouch vis-a-vis the Registry Administrator that the provided
information and documentation are complete, up to date, accurate and true.
1. The applicant must submit the following master data about the account holder through the Registry online application:
1.1. Personal name
1.2. Entity name, if applicable (if the entity is not a legal person, otherwise see Annex 2).
1.3. Home address.
1.4. Telephone number.
1.5. E-mail address.
1.6. Birth date.
1.7. Birth place.
1.8. VAT registration number with country code, if applicable.
1.9. Civil registration number (in Denmark CPR no), if applicable.
2. The applicant must submit the following master data about each authorized representative (PAR and SAR) through the Registry online application:
Please note that at least one of the PAR and SAR must be a permanent resident of Denmark.
2.1. Personal name.
2.2. Title.
2.3. Job title.
2.4. Home address.
2.5. Telephone number.
2.6. E-mail address (the e-mail address for each representative must be unique).
2.7. Birth date.
2.8. Birth place.
2.9. Civil registration number (in Denmark CPR no), if applicable.
3. The applicant must forward the following documents:
3.1. Documentation for the account holder’s VAT registration in Denmark, if the account holder is registered for VAT.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.2. PAR Authorisation Form and Declaration of Consent.
Form completed and signed by the account holder and the primary authorised representative (PAR). A blank form can be found at www.ens.dk.
3.3. SAR Authorisation Form and Declaration of Consent.
Form completed and signed by the account holder and the secondary authorised representative (SAR). A blank form can be found at www.ens.dk.
3.4. Copy of the account holder’s valid passport.
If the account holder is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.5. Copy of the PAR’s valid passport.
If the PAR is a citizen of an EEA or OECD country, copy of other a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.6. Copy of the SAR’s valid passport.
If the SAR is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.7. Declaration from a bank situated in an EEA country that proves that the natural person account holder has an open bank account in this bank as well as the bank account number for this account.
The declaration must not be dated more than 3 months before the date of application.
The declaration must contain the name of the bank as well as title and name of the signor. The declaration must also contain the bank account number and registration number. For accounts in banks outside of Denmark, IBAN (International Bank Account Number) and SWIFT/BIS (Bank Identifier Code).
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below, unless the original declaration is supplied by post.
If the declaration is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.8. Declaration from a bank situated in an EEA country that proves that the PAR has an open bank account in this bank.
The declaration must not be dated more than 3 months before the date of application.
The declaration must contain the name of the bank as well as title and name of the signor.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below, unless the original declaration is supplied by post.
If the declaration is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.9. Declaration from a bank situated in an EEA country that proves that the SAR has an open bank account in this bank.
The declaration must not be dated more than 3 months before the date of application.
The declaration must contain the name of the bank as well as title and name of the signor.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below, unless the original declaration is supplied by post.
If the declaration is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.10. Copy of the account holder’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the account holder.
3.11. Copy of the PAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the PAR.
3.12. Copy of the SAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the SAR.
3.13. Copy of document to support the address of the permanent residence of the natural person account holder, if the address of permanent residence is not contained in the identity document, cf. no. 3.4. The document must be one of the following:
3.13.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.13.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the statement is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.14. Copy of document to support the address of the permanent residence of the PAR, if the address of permanent residence is not contained in the identity document, cf. no 3.5. Please note that at least one of the PAR and SAR must be a permanent resident of Denmark. The document must be one of the following:
3.14.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.14.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the statement is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.15. Copy of document to support the address of the permanent residence of the SAR, if the address of permanent residence is not contained in the identity document, cf. no 3.6. Please note that at least one of the PAR and SAR must be a permanent resident of Denmark. The document must be one of the following:
3.15.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.15.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the statement is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
4. Requirements to the verification of the genuineness of copies or legalization of the genuiness of documents:
4.1. Verification of the genuineness of copies for documents issued in Denmark must be performed by the issuing authority, a Danish city “Citizen Service Center” (“Borgerservice”), a court office, an independent Danish attorney-at-law or an independent Danish notary public.
4.2. Documents not issued in Denmark must be legalized by Apostille. See more about Apostille here: http://www.hcch.net/index_en.php?act=text.display&tid=37.
4.3. The verification or legalization must be dated and must not be older than 3 months prior to the date of application.
Annex 2
PERSON HOLDING ACCOUNTS
ID information and documentation for
Legal Person account holders
The applicant vouch vis-a-vis the Registry Administrator that the provided
information and documentation are complete, up to date, accurate and true.
1. The applicant must submit the following master data about the account holder through the Registry online application:
1.1. Company name.
1.2. Company address.
1.3. Telephone number.
1.4. Fax number, if applicable.
1.5. E-mail address.
1.6. VAT registration number with country code.
2. The applicant must submit the following master data about each authorized representative (PAR and SAR) through the Registry online application:
Please note that at least one of the PAR and SAR must be a permanent resident of Denmark.
2.1. Personal name.
2.2. Title.
2.3. Job title.
2.4. Home address.
2.5. Fødselsdato.
2.6. Fødested.
2.7. Telephone number.
2.8. E-mail address.
2.9. Civil registration number (in Denmark CPR no), if applicable.
3. The applicant must forward the following documents:
3.1. Information about the legal person:
3.1.1. Copy of the instruments establishing the legal person
The legal person’s trust deed, instrument of foundation or similar.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.1.2. Copy of certificate of registration, print-out from a national register of companies or proof of registration in a national register of companies.
The document must contain the registration number of the legal person.
Print-out from a register must be dated not more than 3 months prior to the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.1.3. Documentation to prove the legal person’s VAT registration in Denmark.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.1.4. Documentation to support the registered address of the legal person, if this address is not included in 3.1.2 or 3.1.3.
The document may be the instrument establishing the legal person or similar.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.1.5. List of the legal person’s directors
A list, which as a minimum contains information about all natural persons in the legal person’s executive management as well as all natural persons, who also have managerial responsibility in relation to the account holder’s authorized representatives (PAR/SAR/AAR etc.).
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.1.6. Criminal records for every director, cf. 3.1.5, as well as for those natural persons that sign the Authorisation Forms, cf. 3.2.1 and 3.2.2, on behalf of the legal person.
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the natural person.
3.1.7. Documentation to prove, which persons are authorized to sign for the legal person, if this information is not included in 3.1.2.
The document may be the articles of association or similar.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.1.8. A copy of the annual report or of the latest audited financial statements for the legal person
If no audited financial statements are available, a copy of the financial statements stamped by the tax office or the financial director may be provided.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.1.9. Declaration from a bank situated in an EEA country that proves that the legal person has an open bank account in this bank as well as the bank account number for this account
The declaration must not be dated more than 3 months before the date of application.
The declaration must contain the name of the bank as well as title and name of the signor. The declaration must also contain the bank account number and registration number. For accounts in banks outside of Denmark, IBAN (International Bank Account Number) and SWIFT/BIS (Bank Identifier Code).
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below, unless the original declaration is supplied by post.
If the declaration is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.1.10. Statement about the legal person’s structure of control and ownership.
The Statement must identify the legal person’s beneficial owner(s) and must as a minimum contain information about, which natural persons directly or indirectly owns, controls or exercises influence/voting rights over 25 pct. of the shares or more.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
The statement must be prepared in Danish, Norwegian, Swedish, or English, or be accompanied by an authorised translation of the document into English or Danish.
However, the information of ownership is not to be provided if the legal person is listed on a regulated market as defined in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. In the latter case the legal person shall provide relevant documentation that the company is listed on a regulated market.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.2. Information about the authorised representatives (PAR and SAR):
3.2.1. PAR Authorisation Form and Declaration of Consent.
Form completed and signed for the legal person and by the primary authorised representative (PAR). Signature for the legal person must be in accordance with the provisions regulating the power to bind the company, cf. no. 3.1.7. A blank form can be found at www.ens.dk.
3.2.2. SAR Authorisation Form and Declaration of Consent.
Form completed and signed for the legal person and by the secondary authorised representative (SAR). Signature for the legal person must be in accordance with the provisions regulating the power to bind the company, cf. no. 3.1.7. A blank form can be found at www.ens.dk.
3.2.3. Copy of the PAR’s valid passport.
If the PAR is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.2.4. Copy of the SAR’s valid passport.
If the SAR is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.2.5. Copy of the PAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the PAR.
3.2.6. Copy of the SAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the SAR.
3.2.7. Declaration from a bank situated in an EEA country that proves that the PAR has an open bank account in this bank.
The declaration must not be dated more than 3 months before the date of application.
The declaration must contain the name of the bank as well as title and name of the signor.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below, unless the original declaration is supplied by post.
If the declaration is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.2.8. Declaration from a bank situated in an EEA country that proves that the SAR has an open bank account in this bank.
The declaration must not be dated more than 3 months before the date of application.
The declaration must contain the name of the bank as well as title and name of the signor.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below, unless the original declaration is supplied by post.
If the declaration is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
3.2.9. Copy of document to support the address of the permanent residence of the PAR, if the address of permanent residence is not contained in the identity document, cf. no 3.2.3. Please note that at least one of the PAR and SAR must be a permanent resident of Denmark. The document must be one of the following:
3.2.9.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.2.9.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.2.10. Copy of document to support the address of the permanent residence of the SAR, if the address of permanent residence is not contained in the identity document, cf. no 3.2.4. Please note that at least one of the PAR and SAR must be a permanent resident of Denmark. The document must be one of the following:
3.2.10.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
3.2.10.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 4 below.
4. Requirements to the certification of the genuineness of copies:
4.1. Verification of the genuineness of copies for documents issued in Denmark must be performed by the issuing authority, a Danish city “Citizen Service Center” (“Borgerservice”), a court office, an independent Danish attorney-at-law or an independent Danish notary public.
4.2. Documents not issued in Denmark must be legalized by Apostille. See more about Apostille here: http://www.hcch.net/index_en.php?act=text.display&tid=37.
4.3. The verification or legalization must be dated and must not be older than 3 months prior to the date of application.
Annex 3
OPERATOR HOLDING ACCOUNTS
Documentation
By “operator” is meant an operator pursuant to
section 2(7) of the Danish CO2-allowances Act.
The applicant vouch vis-a-vis the Registry Administrator that the provided
information and documentation are complete, up to date, accurate and true.
1. The operator (account holder) must forward the following documents:
1.1. Information about the operator:
1.1.1. Documentation to prove, which persons are authorized to sign for the operator, e.g. certificate of registration in a national register of companies, articles of association or similar.
1.1.2. Documentation to prove the operator’s VAT registration in Denmark.
1.2. Information about the authorised representatives (PAR and SAR):
1.2.1. PAR Authorisation Form and Declaration of Consent.
Form completed and signed for the legal person and by the primary authorised representative (PAR). Signature for the legal person must be in accordance with the provisions regulating the power to bind the company, cf. no 1.1.1. A blank form can be found at www.ens.dk.
1.2.2. SAR Authorisation Form and Declaration of Consent.
Form completed and signed for the legal person and by the secondary authorised representative (SAR). Signature for the legal person must be in accordance with the provisions regulating the power to bind the company, cf. no 1.1.1. A blank form can be found at www.ens.dk.
1.2.3. Copy of the PAR’s valid passport.
If the PAR is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.4. Copy of the SAR’s valid passport.
If the SAR is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.5. Copy of the PAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the PAR.
1.2.6. Copy of the SAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the SAR.
1.2.7. Copy of document to support the address of the permanent residence of the PAR, if the address of permanent residence is not contained in the identity document, cf. no 3.2.3. Please note that at least one of the PAR and SAR must be a permanent resident of Denmark. The document must be one of the following:
1.2.7.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.7.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.8. Copy of document to support the address of the permanent residence of the SAR, if the address of permanent residence is not contained in the identity document, cf. no 3.2.4. Please note that at least one of the PAR and SAR must be a permanent resident of Denmark. The document must be one of the following:
1.2.8.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.8.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
2. Requirements to the certification of the genuineness of copies:
2.1. Verification of the genuineness of copies for documents issued in Denmark must be performed by the issuing authority, a Danish city “Citizen Service Center” (“Borgerservice”), a court office, an independent Danish attorney-at-law or an independent Danish notary public.
2.2. Documents not issued in Denmark must be legalized by Apostille. See more about Apostille here: http://www.hcch.net/index_en.php?act=text.display&tid=37.
2.3. The verification or legalization must be dated and must not be older than 3 months prior to the date of application.
Annex 4
AIRCRAFT OPERATOR HOLDING ACCOUNTS
Documentation
The applicant vouch vis-a-vis the Registry Administrator that the provided
information and documentation are complete, up to date, accurate and true.
1. The applicant must forward the following documents:
1.1. Information about the aircraft operator:
1.1.1. Documentation to prove, which persons are authorized to sign for the aircraft operator, e.g. certificate of registration in a national register of companies, articles of association or similar.
1.1.2. Documentation to prove the operator’s VAT registration in the home country.
1.2. Information about the authorised representatives (PAR and SAR):
1.2.1. PAR Authorisation Form and Declaration of Consent.
Form completed and signed for the aircraft operator and by the primary authorised representative (PAR). Signature for the legal person must be in accordance with the provisions regulating the power to bind the company, cf. no 1.1.1. A blank form can be found at www.ens.dk.
1.2.2. SAR Authorisation Form and Declaration of Consent.
Form completed and signed for the aircraft operator and by the secondary authorised representative (SAR). Signature for the legal person must be in accordance with the provisions regulating the power to bind the company, cf. no 1.1.1. A blank form can be found at www.ens.dk.
1.2.3. Copy of the PAR’s valid passport.
If the PAR is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.4. Copy of the SAR’s valid passport.
If the SAR is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.5. Copy of the PAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the PAR.
1.2.6. Copy of the SAR’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the SAR.
1.2.7. Copy of document to support the address of the permanent residence of the PAR, if the address of permanent residence is not contained in the identity document, cf. no 3.2.3. The document must be one of the following:
1.2.7.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.7.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.8. Copy of document to support the address of the permanent residence of the SAR, if the address of permanent residence is not contained in the identity document, cf. no 3.2.4. The document must be one of the following:
1.2.8.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.8.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
2. Requirements to the certification of the genuineness of copies:
2.1. Verification of the genuineness of copies for documents issued in Denmark must be performed by the issuing authority, a Danish city “Citizen Service Center” (“Borgerservice”), a court office, an independent Danish attorney-at-law or an independent Danish notary public.
2.2. Documents not issued in Denmark must be legalized by Apostille. See more about Apostille here: http://www.hcch.net/index_en.php?act=text.display&tid=37.
2.3. The verification or legalization must be dated and must not be older than 3 months prior to the date of application.
Annex 5
VERIFIERS
documentation
The applicant vouch vis-a-vis the Registry Administrator that the provided
information and documentation are complete, up to date, accurate and true.
1. The applicant must forward the following documents:
1.1. Information about the verifier:
1.1.1. Copy of the instruments establishing the legal person
The legal person’s trust deed, instrument of foundation or similar.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.1.2. Copy of certificate of registration, print-out from a national register of companies or proof of registration in a national register of companies.
The document must contain the registration number of the legal person.
Print-out from a register must be dated not more than 3 months prior to the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.1.3. Documentation to prove the legal person’s VAT registration in the home country.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.1.4. Documentation to support the registered address of the legal person, if this address is not included in 1.1.1 or 1.1.3.
The document may be the instrument establishing the legal person or similar.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.1.5. List of the legal person’s directors
A list, which as a minimum contains information about all natural persons in the legal person’s executive management as well as all natural persons, who also have managerial responsibility in relation to the account holder’s authorized representatives.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.1.6. Criminal records for every director, cf. no 1.1.5, as well as for those natural persons that sign the Authorisation Forms, cf. no 1.2.1 and Fejl! Henvisningskilde ikke fundet., on behalf of the legal person.
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the natural person.
1.1.7. Documentation to prove, which persons are authorized to sign for the legal person, if this information is not included in 3.1.2.
The document may be the articles of association or similar.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.1.8. A copy of the annual report or of the latest audited financial statements for the legal person
If no audited financial statements are available, a copy of the financial statements stamped by the tax office or the financial director may be provided.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.1.9. Declaration from a bank situated in an EEA country that proves that the legal person has an open bank account in this bank as well as the bank account number for this account
The declaration must not be dated more than 3 months before the date of application.
The declaration must contain the name of the bank as well as title and name of the signor. The declaration must also contain the bank account number and registration number. For accounts in banks outside of Denmark, IBAN (International Bank Account Number) and SWIFT/BIS (Bank Identifier Code).
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below, unless the original declaration is supplied by post.
If the declaration is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.1.10. Statement about the legal person’s structure of control and ownership.
The Statement must identify the legal person’s beneficial owner(s) and must as a minimum contain information about, which natural persons directly or indirectly owns, controls or exercises influence/voting rights over 25 pct. of the shares or more.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
The statement must be prepared in Danish, Norwegian, Swedish, or English, or be accompanied by an authorised translation of the document into English or Danish.
However, the information of ownership is not to be provided if the legal person is listed on a regulated market as defined in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing. In the latter case the legal person shall provide relevant documentation that the company is listed on a regulated market.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.1.11. Documentation to prove that the verifier is accredited as a verifier in accordance with Executive Order no. 40 of 20 January 2011 on verification and reporting of CO2 emissions and ton kilometre data etc.
If the document is not written in Danish, Norwegian, Swedish, or English, an authorised translation of the document into English or Danish must be provided as well.
1.2. Information about each authorised representative:
1.2.1. Authorisation Form and Declaration of Consent.
Form completed and signed for the legal person and by the authorised representative. Signature for the legal person must be in accordance with the provisions regulating the power to bind the company, cf. no. 1.1.7. A blank form can be found at www.ens.dk.
1.2.2. Copy of the representative’s valid passport.
If the representative is a citizen of an EEA or OECD country, copy of a national identity card may be provided instead.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.3. Copy of the representative’s criminal record
The criminal record must at least contain information about all judgments 5 years prior to the application date.
For permanent residents of Denmark the “Criminal Record for Police and Public Authorities” should be used. This record is collected from the Danish National Police by the Registry Administrator after written consent from the representative.
1.2.4. Copy of document to support the address of the permanent residence of the representative, if the address of permanent residence is not contained in the identity document, cf. no 1.2.2. The document must be one of the following:
1.2.4.1. A valid government-issued identity document that contains the address of permanent residence.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
1.2.4.2. If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the address of the permanent residence.
The statement must not be issued more than 3 months before the date of application.
THE GENUINENESS OF THE COPY MUST BE VERIFIED OR LEGALIZED, cf. no 2 below.
2. Requirements to the certification of the genuineness of copies:
2.1. Verification of the genuineness of copies for documents issued in Denmark must be performed by the issuing authority, a Danish city “Citizen Service Center” (“Borgerservice”), a court office, an independent Danish attorney-at-law or an independent Danish notary public.
2.2. Documents not issued in Denmark must be legalized by Apostille. See more about Apostille here: http://www.hcch.net/index_en.php?act=text.display&tid=37.
2.3. The verification or legalization must be dated and must not be older than 3 months prior to the date of application.