[F11. All legislation, guidance, instructions, forms, documents, announcements, including the auction calendar, any other non-confidential information pertinent to the auctions on a given auction platform, including the list of persons admitted to bid in the auctions, any decision, including any decision pursuant to Article 57, to impose a maximum bid-size and any other remedial measures necessary to mitigate an actual or potential discernible risk of money- laundering, terrorist financing, criminal activity or market abuse on that auction platform, shall be published on a dedicated up-to-date auctioning web-site maintained by the auction platform concerned.]
Information which is no longer relevant shall be archived. Such archives shall be accessible through the same auctioning web-site.
F22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F33. A list of the names, addresses, telephone and facsimile numbers, electronic mail addresses and websites of all persons admitted to bid on behalf of others in auctions conducted by any auction platform appointed pursuant to Article 26(1) or 30(1) shall be published on the website maintained by the auction platform concerned.]
Textual Amendments
F1 Substituted by Commission Regulation (EU) 2017/1902 of 18 October 2017 amending Commission Regulation (EU) No 1031/2010 to align the auctioning of allowances with Decision (EU) 2015/1814 of the European Parliament and of the Council and to list an auction platform to be appointed by the United Kingdom (Text with EEA relevance).
F2 Deleted by Commission Delegated Regulation (EU) 2019/1868 of 28 August 2019 amending Regulation (EU) No 1031/2010 to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and with the classification of allowances as financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance).
[F41. An auction platform shall announce the results of each auction it conducts including at least the following information:
(a) the volume of the allowances auctioned;
(b) the auction clearing price in euros;
(c) the total volume of bids submitted;
(d) the total number of bidders and the number of successful bidders;
(e) in case of cancellation of an auction, the auctions to which the volume of allowances will be carried over;
(f) the total revenue earned from the auction;
(g) the distribution of the revenue between the Member States, in the case of auction platforms appointed pursuant to Article 26(1).
2. The auction platform shall announce the results of each auction as soon as is reasonably practicable. The information on the auction results pursuant to points (a) and (b) of paragraph 1 shall be announced no later than 5 minutes after the close of the bidding window, whereas the information on the auction results pursuant to points (c) to (g) of paragraph 1 shall be announced no later than 15 minutes after the close of the bidding window.]
[F53. [F4At the same time as the auction platform announces pursuant to paragraph 2 the information listed in points (a) and (b) of paragraph 1, the auction platform shall notify each successful bidder bidding through its systems:]
(a) the total number of allowances to be allocated to that bidder;
(b) which of its tied bids, if any, were randomly selected;
(c) the payment due either in euros or in the currency of a Member State not member of the euro-zone, chosen by the bidder provided that the clearing system or settlement system is capable of handling the national currency in question;
(d) the date by which the payment due must be paid in cleared funds into the auctioneer's nominated bank account.]
4.Where the currency chosen by the bidder is not euros an auction platform shall notify a successful bidder bidding in auctions conducted by it of the exchange rate it has used to calculate the amount due in the currency chosen by the successful bidder.
The exchange rate shall be the rate published on a recognised financial newswire service specified in the contract appointing the auction platform concerned, immediately following the close of the bidding window.
5.An auction platform shall notify the relevant clearing system and settlement system connected to it of the information notified to each successful bidder, pursuant to paragraph 3.
Textual Amendments
F4 Substituted by Commission Delegated Regulation (EU) 2019/1868 of 28 August 2019 amending Regulation (EU) No 1031/2010 to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and with the classification of allowances as financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance).
F5 Substituted by Commission Delegated Regulation (EU) 2019/7 of 30 October 2018 amending Regulation (EU) No 1031/2010 as regards the auctioning of 50 million unallocated allowances from the market stability reserve for the innovation fund and to list an auction platform to be appointed by Germany (Text with EEA relevance).
1.The following shall constitute confidential information:
(a)the contents of a bid;
(b)the contents of any instructions to bid even when no bid is submitted;
(c)information which discloses, or from which can be deduced, the identity of the bidder in question and either of the following:
the number of allowances which a bidder wishes to acquire in an auction;
the price which a bidder is willing to pay for those allowances;
(d)information about, or derived from, one or more bids or instructions to bid which either separately or collectively would be likely to:
give an indication as to the demand for allowances prior to any auction;
give an indication as to the auction clearing price prior to any auction;
(e)information provided by persons in the framework of the establishment or maintenance of the relationship with bidders or in the framework of the monitoring of that relationship pursuant to Articles 19, 20, 21 and 54;
[F2((f)] F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(g) business secrets provided by persons participating in a competitive procurement process to appoint an auction platform;]
(h)information on the algorithm used for the random selection of tied bids, referred to in Article 7(2);
(i)information on the methodology to define what constitutes an auction clearing price significantly under the prevailing secondary market price before and during an auction, referred to in Article 7(6).
2.Confidential information shall not be disclosed by any person who obtained that information, whether directly or indirectly, other than in accordance with paragraph 3.
3.Paragraph 2 shall not prevent the disclosure of confidential information which:
(a)has already lawfully been made available to the public;
(b)is made public with the written consent of a bidder, person admitted to bid, or person applying for admission to bid;
(c)is required to be disclosed or to be publicly available by an obligation under Union law;
(d)is made public pursuant to a court order;
(e)[F3is disclosed or made public] for the purposes of any criminal, administrative, or judicial investigations or proceedings carried out in the Union;
[F2((f)] F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)is aggregated or redacted prior to its disclosure, so that it is unlikely that information relating to the following is discernable:
individual bids or instructions to bid;
individual auctions;
individual bidders, prospective bidders or persons applying for admission to bid;
individual applications for admission to bid;
individual relationships with bidders;
[F2((h)] F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)is referred to in paragraph 1(g) provided that it is disclosed to persons working for Member States or the Commission involved in the competitive procurement process referred to in paragraph 1(g), who are themselves bound by an obligation of professional secrecy under their terms of employment;
(j)is made public after the end of a period of 30 months starting from either of the following dates, subject to any subsisting professional secrecy obligations under Union law:
the date of the opening of the bidding window of the auction in which the confidential information is first disclosed with respect to confidential information in paragraph 1(a) to (d);
the date of the termination of the relationship with a bidder with respect to confidential information in paragraph 1(e);
[F2. . . . .]
the date of submission of the information in the competitive procurement process with respect to confidential information in paragraph 1(g).
[F44. The measures required to ensure that confidential information is not wrongfully disclosed and the consequences of any such wrongful disclosure by an auction platform, including any persons contracted to work for it, shall be set out in the contract appointing it.
5. Confidential information obtained by an auction platform, including any persons contracted to work for it, shall be used solely for the purpose of the performance of its obligations or the exercise of its functions with respect to the auctions.]
6.[F4Paragraphs 1 to 5 shall not preclude the exchange of confidential information between an auction platform and:]
(a)the competent national authorities supervising an auction platform;
(b)the competent national authorities responsible for investigating and prosecuting money laundering, terrorist financing, criminal activity or market abuse;
(c)the Commission.
Confidential information exchanged under this paragraph shall not be disclosed to other persons than those referred to in points (a), (b) and (c) contrary to paragraph 2.
[F47. Any person who works, or has worked for, an auction platform involved in the auctions, shall be bound by the obligation of professional secrecy and shall ensure that confidential information is protected pursuant to this Article.]
Textual Amendments
F2 Deleted by Commission Delegated Regulation (EU) 2019/1868 of 28 August 2019 amending Regulation (EU) No 1031/2010 to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and with the classification of allowances as financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance).
F3 Substituted by Commission Regulation (EU) No 1210/2011 of 23 November 2011 amending Regulation (EU) No 1031/2010 in particular to determine the volume of greenhouse gas emission allowances to be auctioned prior to 2013 (Text with EEA relevance).
F4 Substituted by Commission Delegated Regulation (EU) 2019/1868 of 28 August 2019 amending Regulation (EU) No 1031/2010 to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and with the classification of allowances as financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance).
[F41. Written information provided by an auction platform pursuant to Article 60(1) and (3) or under the contract appointing it, which is not published in the Official Journal of the European Union , shall be in a language customary in the sphere of international finance.]
2.Any Member State may provide, at its own cost, for the translation of all information covered by paragraph 1 of an auction platform, into the official language(s) of that Member State.
Where a Member State provides, at its own cost, for the translation of all information covered by paragraph 1 provided by the auction platform appointed pursuant to Article 26(1), any Member State having appointed an auction platform pursuant to Article 30(1) shall also provide, at its own cost, for the translation into the same language(s) of all information covered by paragraph 1 provided by the auction platform it has appointed pursuant to Article 30(1).
3.Applicants for admission to bid and persons admitted to bid may submit the following in the official language of the Union they have chosen under paragraph 4 provided that a Member State has decided to provide a translation in that language under paragraph 2:
(a)their applications for admission to bid, including any supporting documents;
(b)their bids, including any withdrawal or modifications thereof;
(c)any queries relating to points (a) or (b).
An auction platform may request a certified translation into a language customary in the sphere of international finance.
4.Applicants for admission to bid, persons admitted to bid and bidders participating in an auction, shall choose any official language of the Union in which they shall receive all notifications made pursuant to Articles 8(3), 20(10), 21(4) and 61(3).
All other oral or written communication by any auction platform to applicants for admission to bid, persons admitted to bid or bidders participating in an auction, shall be made in the language chosen under the first subparagraph at no additional cost to the applicants, persons and bidders in question, provided that a Member State has decided to provide a translation in that language under paragraph 2.
However, even where a Member State pursuant to paragraph 2 has decided to provide a translation in the language chosen under the first subparagraph of this paragraph, the applicant for admission to bid, the person admitted to bid or the bidder participating in an auction, may waive its right under the second subparagraph of this paragraph by giving prior written consent for the auction platform concerned to use only a language customary in the sphere of international finance.
5.Member States shall be responsible for the accuracy of any translation made pursuant to paragraph 2.
Persons submitting a translation of a document referred to in paragraph 3 and any auction platform notifying a translated document under paragraph 4 shall be responsible for ensuring that it is an accurate translation of the original.
Textual Amendments
F4 Substituted by Commission Delegated Regulation (EU) 2019/1868 of 28 August 2019 amending Regulation (EU) No 1031/2010 to align the auctioning of allowances with the EU ETS rules for the period 2021 to 2030 and with the classification of allowances as financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance).