Procedural Instructions Requesting a Transaction Cancellation in the Event of Suspected Fraud

Transcription

1 Procedural Instructions Requesting a Transaction Cancellation in the Event of Suspected Fraud I. Scope: This procedure is for accounts holders in the French part of the European Registry (Accounts EU -) and KP Registry (accounts FR -) and persons authorized to operate such accounts (hereinafter or " account (s) representative (s) "). They outline the steps to be taken to request that the National Administrator to cancel a transfer following suspected fraud. Please note: The account representative can only initiate this process where he or she suspects that a transfer has been made fraudulently. These instructions must be followed in compliance with Article 89, Point 19 of EC Regulation 1193/2011amending Chapter VI "Transactions" of the EU Regulation No. 920/2010 by inserting an Article 32a, which states: a) that any transfer of quotas and Kyoto units, was launched immediately if validated (by an additional authorized representative of the account) from Monday to Friday, excluding French public holidays days, between 10 am and 16 pm, Paris time; b) that any transfer validated outside of these hours dedicated to their execution is launched the following French business day at 10 am, Paris time c) a period of 26 hours is observed between the launch of the transfer and its communication to its execution; 1 d) that this period is suspended on Saturday and Sunday from 00 h 00 to 24 h and 00 French public holidays. Should an account representative suspect that a transfer has been made fraudulently, he or she may request that the national administrator cancel the transfer, so long as they comply with the following conditions: The cancellation request must be made: - From Monday to Friday between 10am and 6pm, French time, on a Registry-observed working day; At the latest, two hours ahead of the end of the 26-hour delay deadline. (See Below - Chapter II) 1 This period will not apply to transfer operations between a trading account and an account on a list of trusted accounts. This exception will be implemented when the functionality of trusted accounts will be available. Tel: +33 (0)

2 The account representative must inform the national law-enforcement authorities of this suspected fraud immediately after having made this request (the police force or the public prosecutor). Please Note: The Registry will be closed 11 French public holidays. The following list of public holidays from 2012 to Public holidays Jour de l'an 01-january 01-january 01-january Lundi de Pâques 09-april 01-april 21-april Fête du Travail 01-may 01-may 01-may 8 mai may 08-may 08-may Ascension 17-may 09-may 29-may Lundi de Pentecôte 28-may 20-may 09-june Fête Nationale 14- July 14-July 14-July Assomption 15-August 15-August 15-August La Toussaint 01-November 01-November 01-November Armistice 11- November 11- November 11- November Noël 25-December 25-December 25-December Tel: +33 (0)

3 II. Procedure Stage : Where fraud is suspected, the account representative shall request that the National Administrator cancel the transaction. The transaction execution time shall be determined by the Union Registry system, following approval of the transaction by an Additional Authorised Person for the account. See below for a screenshot showing an example of this type of transaction: Please note: The account representative can make the cancellation request up to 2 hours before this execution deadline (26 hours) elapses and before 6pm French time on French working days. 1. When a fraudulent transaction is suspected, the account representative shall contact the National Administrator as soon as possible: REGISTRE FRANÇAIS - GES CDC - DSBF5 Administrateur National du Registre Européen et du Registre PK Tel: +(33) Fax: +(33) registrefrancais-ges@caissedesdepots.fr Tel: +33 (0)

4 Stage : Making a formal request 1. The account representative can make a formal request for a cancellation via or fax. 2. When making your formal transaction cancellation request, please use the model letter shown below: exceptional circumstances in suspicion of fraud. Re: Exceptional circumstances : request for transaction cancellation FAO: The National Administrator I, the undersigned, Surname:.... First name:.. date of birth:... place of birth:...., Legal representative Authorised Person / Additional Authorised Person [company name]:......, account holder no request the cancellation of the following transaction, following suspected fraud: Transfer no.. carried out on (date/time)... account no... to account no:.. for a quantity of.. units.. I promise to comply with the provisions of European Regulation (EC 1193/2011 Article 89, Point 19) governing my request for my account in EU and my account in FR and to do the following: Immediately inform the police force or the public prosecutor (notification of the relevant authorities) Send a copy of this notification to the national Administrator as soon as possible and in any case within less than 7 business days after the cancellation request Signature / Date - Please sign and date your letter. If you send an , please send us a copy of the signed and dated letter. - Mark your as high priority. - You can call the National Administrator s Customer Care Centre (Centre de Relation Clients) to confirm that the request has been processed. Tel: +33 (0)

5 3. Where exceptional circumstances prevent the account representative from submitting a formal request via or fax, he or she should make the request via a fixed line telephone. The national Administrator will call back from a fixed line telephone. You should therefore call the Registry on and give us a telephone number already registered on our database. Stage : The account holder shall inform the national law-enforcement authorities of this suspected fraud immediately after having made this request (the police force or the public prosecutor). Following formalisation and validation of your request, the National Administrator proceed to cancel the transaction if the time limits in section 89 paragraph 19 of Regulation EU 1193/2011 have been met The national Administrator will let you know the result of this cancellation request to the EC. 1. The account representative shall inform the police force or the public prosecutor immediately. 2. The account representative shall send a copy of this notification (Dépôt de plainte) to the National Administrator within less than seven working days after the cancellation request If you need help, please contact the National Administrator team on From Monday to Friday (on French business days) between the hours of 9:30 am to 1 pm and 1:30 pm to 5:30pm, Paris time, or send an to registrefrancais-ges@caissedesdepots.fr Tel: +33 (0)