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Commission Regulation (EU) No 1031/2010Show full title
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)
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Article 22Appointment of the auctioneer
1.Each Member State shall appoint an auctioneer. No Member State shall auction allowances without appointing an auctioneer. More than one Member State may appoint the same auctioneer.
2.The auctioneer shall be appointed by the appointing Member State in good time prior to the commencement of the auctions so as to conclude and implement the necessary arrangements with the auction platform appointed or to be appointed by that Member State, including any clearing system and settlement system connected to it, allowing the auctioneer to auction allowances on behalf of the appointing Member State upon mutually agreed terms and conditions.
3.For Member States not participating in the joint actions provided for in Article 26, the auctioneer shall be appointed by the appointing Member State in good time prior to the commencement of the auctions on the auction platforms appointed pursuant to Article 26(1) and (2) so as to conclude and implement the necessary arrangements with these auction platforms, including any clearing system and settlement system connected to them, to enable the auctioneer to auction allowances on behalf of the appointing Member State on such auction platforms upon mutually agreed terms and conditions, pursuant to the second subparagraph of Article 30(7) and the first subparagraph of Article 30(8).
4.Member States shall refrain from disclosing any inside information within the meaning of point (29) of Article 3 and point (a) of Article 37 to any person working for an auctioneer.
In the event of any unauthorised disclosure of inside information to persons working for the auctioneer, the terms of appointment of the auctioneer shall provide for adequate measures to remove from the auctions any persons to whom such unauthorised disclosure has been made.
The second subparagraph of this paragraph shall apply without prejudice to the application of Articles 11 to 16 of Directive 2003/6/EC and Article 43 of this Regulation to any contravention of the prohibition of the first subparagraph of this paragraph.
5.The allowances to be auctioned on behalf of a Member State shall be retained from the auctions until an auctioneer is duly appointed and until the arrangements referred to in paragraph 2 are concluded and implemented.
6.Paragraph 5 is without prejudice to any legal consequences arising under Union law from a Member State failing to fulfil its obligations under paragraphs 1 to 4.
7.Member States shall notify the identity of the auctioneer and its contact details to the Commission.
The auctioneer’s identity and contact details shall be published on the Commission’s website.
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