Judgment_paragraph 5 · Région wallonne v European Commission (T-237/09)

5Article 38(1) and (2) of Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87 and Decision No 280/2004/EC of the European Parliament and of the Council (OJ 2004 L 386, p. 1), as amended by Commission Regulation (EC) No 916/2007 of 31 July 2007 (OJ 2007 L 200, p. 5), provides, under the heading ‘[NAP] table for the [allocation] period [from 2005 to 2007]’:1. By 1 October 2004, each Member State shall notify to the Commission its [NAP] table, corresponding to the decision taken under Article 11 of Directive 2003/87/EC. If the [NAP] table is based upon the [NAP] notified to the Commission which was not rejected under Article 9(3) of Directive 2003/87/EC or on which the Commission has accepted proposed amendments, the Commission shall instruct the Central Administrator to enter the [NAP] table into the Community independent transaction log …2. A Member State shall notify each correction to its [NAP] together with each corresponding correction in its [NAP] table to the Commission. If the correction to the [NAP] table is based upon the [NAP] notified to the Commission which was not rejected under Article 9(3) of Directive 2003/87/EC or on which the Commission has accepted amendments and that correction is in accordance with methodologies set out in that [NAP] or results from improvements in data, the Commission shall instruct the Central Administrator to enter the corresponding correction into the [NAP] table ... In all other cases, the Member State shall notify the correction to its [NAP] to the Commission and if the Commission does not reject this correction in accordance with the procedure in Article 9(3) of Directive 2003/87/EC, the Commission shall instruct the Central Administrator to enter the corresponding correction into the [NAP] table …’