13.2.2010   

EN

Official Journal of the European Union

C 37/29

1.

Is the supply or refusal to supply the information provided for in point 12 of Annex XVI to Regulation (EC) No 2216/2004 (1) the responsibility of the Central Administrator alone or the responsibility also of the administrator of the national registry?

2.

If it is the responsibility of the administrator of the national registry, must that information be considered to be ‘information on emissions into the environment’ within the meaning of Article 4 of Directive 2003/4/EC, (2) against whose supply ‘the confidentiality of commercial or industrial information’ could not be invoked, or is the supply of that information governed by specific rules on confidentiality?

3.

In the event that specific rules on confidentiality apply, is that information not to be supplied before a period of five years has elapsed or does that time-limit concern only the five-year allowance allocation period under Directive 2003/87/EC? (3)

4.

In the event that that five-year time-limit does apply, does Article 10 of Regulation No 2216/2004 allow a derogation from it and can a refusal to derogate from it be invoked, on the basis of that article, against a local authority requesting the supply of that information in order to negotiate an agreement on public service delegation in respect of urban heating?