Commission Regulation (EU) No 1031/2010Show full title

Article 28 Functions of the auction platform appointed pursuant to Article 26(2)

1. An auction platform appointed pursuant to Article 26(2) shall provide the following services to the Member States:

(a) providing access to the auctions pursuant to the arrangements in place in the secondary market, organised by the auction platform, as modified in the contracts appointing it;

(b) conducting the auctions in accordance with Articles 4 to 7;

(c) managing the auction calendar in accordance with Articles 8 to 14;

(d) announcing and notifying the results of an auction, pursuant to Article 61;

(e) providing, pursuant to the arrangements in place in the secondary market organised by the auction platform, except that Article 40 shall apply in any case, as modified in the contract appointing it, the clearing system or settlement system needed for the:

(i)

handling of payments made by bidders or their successors in title and the distribution of the proceeds of the auctions to the auctioneer;

(ii)

delivering auctioned allowances to successful bidders or their successors in title;

(iii)

managing collateral, including any margining, provided by the auctioneer or bidders;

(f) providing the auction monitor with any information relating to the conduct of the auctions, required for the carrying out of the auction monitor’s functions, pursuant to Article 53;

(g) surveying the auctions, notifying suspicions of money laundering, terrorist financing, criminal activity or market abuse, administering any required remedial measures or sanctions, including the provision of an extra-judicial dispute resolution mechanism, pursuant to the arrangements in place in the secondary market organised by the auction platform, as modified in the contract appointing it.

2. At least 20 trading days prior to the opening of the first bidding window run by an auction platform appointed pursuant to Article 26(2), the auction platform concerned shall be connected to at least one clearing system or settlement system.

3. Article 16(2) and (3), Articles 17, 19, 20, 21, 54, 55 and 56, Articles 60(3) and 63(4), and Article 64 shall not apply with respect to the auctions conducted by an auction platform auctioning futures or forwards.