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

Article 52 U.K. Costs of the auction process

1. Without prejudice to paragraph 2, the costs of the services provided for in Articles 27(1) and 28(1) and Article 31 shall be paid for through fees paid by the bidders, except that:

(a) the cost of a central counterparty accepting a government guarantee instead of non-cash collateral when auctioning allowances as forwards shall be borne by the auctioning Member State offering the government guarantee;

(b) any cost of the arrangements between the auctioneer and the auction platform referred to in Article 22(2) and (3) allowing the auctioneer to auction allowances on behalf of the appointing Member State, but excluding the costs of any clearing system or settlement system connected to the auction platform concerned, shall be borne by the auctioning Member State.

The costs referred to in points (a) and (b) of the first subparagraph shall be deducted from the auction proceeds payable to the auctioneers, pursuant to Article 44(2) and (3).

2. Where a Member State does not sign the joint procurement agreement referred to in the first subparagraph of Article 26(6) within the deadline provided for in Article 30(4), but subsequently joins the joint action, it may be required to bear its own share of the costs of the services provided for in Articles 27(1) and 28(1) from the date when that Member State commences auctioning through the auction platform appointed pursuant to Article 26(1) or (2) until the termination or expiry of the term of appointment of that auction platform.

The extent to which such a Member State may be required to bear its own share of the costs of the services provided for in Articles 27(1) and 28(1), shall be provided for in the joint procurement agreement and the contract with the auction platform concerned.

A Member State shall not be required to bear its own share of the costs pursuant to this paragraph where it joins the joint action following the expiry of the appointment period referred to in the second subparagraph of Article 30(5) or where it joins the joint action in the absence of a listing, pursuant to Article 30(7), of an auction platform, which has been notified pursuant to Article 30(6).

The costs borne by bidders under paragraph 1 shall be reduced by the amount of the costs borne by a Member State under this paragraph.

3. The share of the costs of the auction monitor that varies according to the number of auctions, as more particularly specified in the contract appointing the auction monitor, shall be evenly distributed over the number of auctions. All other costs of the auction monitor, as more particularly specified in the contract appointing the auction monitor, except for the cost relating to any report made pursuant to Article 25(4), shall be evenly distributed over the number of auction platforms, unless otherwise specified in the contract appointing the auction monitor.

The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 30(1) or (2), including the cost of any report requested pursuant to Article 25(4), shall be borne by the appointing Member State.

The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 26(1) or (2) shall be distributed between the Member States participating in the joint action in accordance with their shares in the total volume of allowances auctioned on the auction platform concerned.

The costs of the auction monitor borne by each Member State shall be deducted from the auction proceeds payable by the auctioneers to the appointing Member State, pursuant to point (c) of Article 23.