Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (Text with EEA relevance)
Introductory Text
CHAPTER I GENERAL PROVISIONS
Article 1.Subject matter
Article 2.Scope
Article 3.Definitions
CHAPTER II THE DESIGN OF THE AUCTIONS
Article 4.Auctioned products
Article 5.Auction format
Article 6.Submission and withdrawal of bids
Article 7.Auction clearing price and resolution of tied bids
CHAPTER III AUCTION CALENDAR
Article 8.Timing and frequency
Article 9.Circumstances preventing the conduct of auctions
Article 10.Annual volumes of the auctioned allowances covered by Chapter III of Directive 2003/87/EC
Article 11.Calendar for individual auctions of allowances covered by Chapter III of Directive 2003/87/EC auctioned by auction platforms appointed pursuant to Article 26(1) or (2) of this Regulation
Article 12.Annual volumes of auctioned allowances covered by Chapter II of Directive 2003/87/EC
Article 13.Calendar for individual auctions of allowances covered by Chapter II of Directive 2003/87/EC auctioned by auction platforms appointed pursuant to Article 26(1) or (2) of this Regulation
Article 14.Adjustments of the auction calendar
CHAPTER IV ACCESS TO THE AUCTIONS
Article 15.Persons who may submit bids directly in an auction
Article 16.Means of access
Article 17.Training and helpline
Article 18.Persons eligible to apply for admission to bid
Article 19.Requirements for admission to bid
Article 20.Submission and processing of applications for admission to bid
Article 21.Refusal, revocation or suspension of admission
CHAPTER V APPOINTMENT OF THE AUCTIONEER AND ITS FUNCTIONS
Article 22.Appointment of the auctioneer
Article 23.The auctioneer’s functions
CHAPTER VI APPOINTMENT OF THE AUCTION MONITOR AND ITS FUNCTIONS
Article 24.The auction monitor
Article 25.The auction monitor’s functions
CHAPTER VII APPOINTMENT OF AN AUCTION PLATFORM BY MEMBER STATES PARTICIPATING IN A JOINT ACTION WITH THE COMMISSION AND ITS FUNCTIONS
Article 26.Appointment of an auction platform through joint action of the Member States with the Commission
Article 27.Functions of the auction platform appointed pursuant to Article 26(1)
Article 28.Functions of the auction platform appointed pursuant to Article 26(2)
Article 29.Services provided to the Commission by the auction platforms appointed pursuant to Article 26(1) or (2)
CHAPTER VIII APPOINTMENT OF AUCTION PLATFORMS BY MEMBER STATES OPTING TO HAVE THEIR OWN AUCTION PLATFORM AND THEIR FUNCTIONS
Article 30.Appointment of any auction platform other than an auction platform appointed pursuant to Article 26(1) or (2)
Article 31.Functions of auction platforms other than the auction platforms appointed pursuant to Article 26(1) or (2)
Article 32.Auction calendar for any auction platform other than the auction platforms appointed pursuant to Article 26(1) or (2)
Article 33.Review of this Regulation
CHAPTER IX APPOINTMENT REQUIREMENTS APPLICABLE TO THE AUCTIONEER AUCTION MONITOR AND ANY AUCTION PLATFORM
Article 34.Appointment requirements applicable to the auctioneer and the auction monitor
Article 35.Appointment requirements applicable to any auction platform
CHAPTER X MARKET ABUSE REGIME APPLICABLE TO AUCTIONED PRODUCTS
Article 36.Market abuse regime applicable to financial instruments within the meaning of Article 1(3) of Directive 2003/6/EC
Article 37.Definitions for market abuse regime applicable to auctioned products other than financial instruments within the meaning of Article 1(3) of Directive 2003/6/EC
Article 38.Prohibition of insider dealing
Article 39.Other prohibited uses of inside information
Article 40.Other persons covered by the prohibition of inside dealing
Article 41.Prohibition of market manipulation
Article 42.Specific requirements to mitigate the risk of market abuse
Article 43.Supervision and enforcement
CHAPTER XI PAYMENT AND TRANSFER OF THE AUCTION PROCEEDS
Article 44.Payment by successful bidders and transfer of proceeds to the Member States
Article 45.Consequences of late or non-payment
CHAPTER XII DELIVERY OF THE AUCTIONED ALLOWANCES
Article 46.Transfer of the auctioned allowances
Article 47.Delivering the auctioned allowances
Article 48.Late delivery of the auctioned allowances
CHAPTER XIII MANAGEMENT OF COLLATERAL
Article 49.Collateral given by the bidder
Article 50.Collateral given by the auctioneer
CHAPTER XIV FEES AND COSTS
Article 51.Structure and level of fees
Article 52.Costs of the auction process
CHAPTER XV AUCTION SURVEILLANCE, REMEDIAL MEASURES AND SANCTIONS
Article 53.Cooperation with the auction monitor
Article 54.Monitoring the relationship with bidders
Article 55.Notification of money laundering, terrorist financing or criminal activity
Article 56.Notification of market abuse
Article 57.Maximum bid-size and other remedial measures
Article 58.Market conduct rules or any other contractual arrangements
Article 59.Conduct rules for other persons authorised to bid on behalf of others pursuant to Article 18(1)(b) and (c) and Article 18(2)
CHAPTER XVI TRANSPARENCY AND CONFIDENTIALITY
Article 60.Publication
Article 61.Announcement and notification of the auction results
Article 62.Protection of confidential information
Article 63.Language regime
CHAPTER XVII FINAL PROVISIONS
Article 64.Right of appeal
Article 65.Correction of errors
Article 66.Entry into force
Signature
ANNEX I
Allowances auctioned prior to 2013 and the auctioned product through which they shall be auctioned referred to in Article 10(1)
ANNEX II
List of the elements referred to in Article 20(3)
1. Proof of eligibility pursuant to Article 18(1) or (2).
2. The applicant’s name, address, telephone and facsimile numbers.
3. The account identifier of the applicant’s nominated holding account.
4. Full details of the applicant’s nominated bank account.
5. The name, address, telephone and facsimile numbers, as well as...
6. For legal persons, proof of:
7. For legal persons and/or legal arrangements, such information as is...
8. For natural persons, proof of their identity, by means of...
9. For operators, the permit referred to in Article 4 of Directive...
10. For aircraft operators, proof of their being listed pursuant to...
11. Such information as is required to carry out the customer...
12. The applicant’s latest audited annual report and accounts including the...
13. The VAT registration number, if any, and, where the applicant...
14. A statement that, to the best of the applicant’s knowledge,...
15. Proof of compliance with the requirements of Article 19(2)(g).
16. Proof that the applicant satisfies the requirements of Article 19(3).
17. A statement that the applicant has the necessary legal capacity...
18. A statement that to the best of the applicant’s knowledge...
19. A statement of whether the applicant proposes to pay in...
ANNEX III
Auction platforms other than those appointed pursuant to Article 26(1) or (2), their appointing Member States and any applicable conditions or obligations referred to in Article 30(7)