Bilag 2

E-mail fra Kvoteregisteret til Europa-Kommissionen, 3. juni 2009 kl. 10:46:“Dear IstvanIn all confidentiallity;Is it legal for the danish registry to write on the registry frontpage that we temporarily (one monthfrom June to July the 17th) stops for opening new PHA?The reason is that we within the last 10 days have had applications that demand us to rethink whatwe require of ID etc for PHA openings.Since October last year we have opened 200 PHA accounts and we have right now around 5-8requests every day.With all your experience and with Interpool in mind - could you state what documentation You findis nessecary for an PHA opening?(no comments from Susanne Petersen yet as she is in S Korea)Best regards, Hanne Marie”

E-mail fra Europa-Kommissionen til Kvoteregisteret, 4. juni 2009 kl. 05:51:”Dear Hanne Marie,If you look at Art 19 (2) below of the RegReg, it is quite clear that you are not allowed to suspendor delay the opening of person holding accounts. Thus the only thing that remains is to make theapplication process as difficult as possible, and add these requirements to the normal procedure.Here you have considerable liberty, as the only requirement of the RegReg is that the requirementmust be reasonable. Though I intend to collect this information, I dont know yet what the generalMember State practice concerning account opening requirements is, but I can suggest a few simplesteps to make application less appealing:1) All documentation and correspondence should be in Danish, and any foreign documents must besubmitted with an official translation (i.e. a translation where a notary public testifies that thetranslation is correct.)2) Increase the annual fee for having a person holding account3) Photocopies of documents should only be accepted if testified by notary to be valid.4) Foreign (non-EU) passports should be apostilled with the Foreign Ministry or by the localDanish Embassy, to prove that these are real passportsAll this should stop the popularity of the DK registry. I am sure that your in house lawyers wouldbe able to think of other ingenious bureucratic steps to make applications difficult.regardsIstvanArticle 19Creation of person holding accounts1. An application for the creation of a person holding account shall be submitted to the registry administrator of theregistry concerned.The applicant shall provide the registry administrator with the information reasonably required by the registryadministrator. That informationshall include the information set out in Annex IV.2. Within 10 days of the receipt of an application in accordance with paragraph 1 or the activation of the communicationlink between theregistry and the Community independent transaction log, whichever is the later, the registry administrator shall create aperson holding accountin its registry in accordance with the account creation process set out in Annex VIII.The registry administrator shall not establish more than 99 person holding accounts in any one person’s name in itsregistry.3. The applicant shall notify the registry administrator within 10 days of any changes in the information provided to theregistry administratorpursuant to paragraph 1. Within 10 days of the receipt of such a notification the registry administrator shall update theperson’s details inaccordance with the account update process set out in Annex VIII.4. The registry administrator may require the applicants referred to in paragraph 1 to agree to comply with reasonableterms and conditionsaddressing the issues set out in Annex V.”

E-mail fra Europa-Kommissionen til Kvoteregisteret, 7. juli 2009 kl. 13:00:”Dear Susanne,As you may know, at a RegAdmin meeting at the beginning of this year, we discussed the issue ofrevising person holding account requirements in the RegReg in order to prevent fraud and criminalactivities.Back then, we agreed that I will collect the various PHA opening requirements in the MemberStates and if appropriate, make proposals to the Member States in the upcoming amendment of theRegReg.In the light of the foregoing, could I ask you to send me the documentation and other requirementsthat need to be fulfilled before someone can open PHA in your registry.I would like to ask you to send this by Wednesday, 8 July, close of business.(I would prefer it in English, if available)Thank you very much for your cooperation.RegardsIstvan”

E-mail fra Kvoteregisteret til Europa-Kommissionen, 8. juli 2009 kl. 12.24:“Dear Istvan,Please find below the information currently required to open a PHA. Besides this the account holderhas to pay the fee of app. 60 EUR per year and the same for opening the account (invoiced after theopening). If the fee is not paid we close the account.We have however requested to our developper to make a change of this information to beimplemented in our software ASAP. The change includes company name (if company), VATnumber and information on where to send the invoice. The need for VAT number is agreed with theDanish TAX authority as the only extra information needed in order to check VAT/TAX fraud.We have agreed with the Danish TAX authorities that we will - when this change is implemented -check the VAT number in the international VAT-database before opening the account.Due to Danish legislation the TAX authority have full access to all information in the DK registryand right now we are checking whether we can/need to give the same access to the police.I hope this is the information you requested.Regards,Susanne”

E-mail fra Europa-Kommissionen til Kvoteregisteret, 15. juli 2009 kl. 12:08:”Dear Susanne,and where is the requirement to give proof of the identity of the account holder, the PAR and theSAR? This is required in the Annex of the RegReg.According to the RegReg, they should all send you a copy of a passpoort or something similar. Ifyou are not requesting this, it is not a surprise that everyone opens accounts in the DK registry.We have now reviewed a dozen of PHA opening procedures, and the Danish is by far the simplest(and apparently not even fulfilling the minimal conditions of the Regulation.)So I suggest that you immediately start asking for photocopies of ID cards and passports andretroactively request this from all operators.Since this is not in line with the Regulation, and considering that it might take some time for you toreview your procedures, I would be ready to suspend all account opening in the DK registry untilyou have correct procedures. If you can however set up the correct procedure within a matter ofdays, this is probably not necessary.regardsIstvan”

E-mail fra Kvoteregisteret til Europa-Kommissionen, 17. juli 2009 kl. 8:59:“Dear Istvan,As of today the procedures for opening accounts in the Danish Registry has changed, and we nowrequire documentation for the identity of the Account holder, the PAR and the SAR. It has beenimplemented in the account request procedure as you can see below.If this for some reason does not correspond with the demands, please let me know.Further more I will be gratfull, if you can provide me with a list of what other requirements, theother registries demand, just for inspiration, as we might include other requirements.Kind regards,Susanne”