Chapter III, Article 8 · Commission Delegated Regulation (EU) 2023/2830

Contents

Article 8Timing, frequency and distribution of the volume of allowances#

1.An auction platform shall conduct auctions separately through its own regularly recurring bidding window.The bidding windows for auctions of allowances referred to in Article 13 conducted by the common auction platform shall be separate from the bidding windows for auctions of allowances referred to in Articles 10 and 11.The bidding window shall be opened and closed on the same trading day and shall be kept open for no less than two hours. There shall be at least a two-hour delay between two consecutive bidding windows. The bidding windows of any two or more auction platforms shall not overlap.The bidding windows for auctions of allowances referred to in Articles 10, 11 and 13 shall not overlap. From 1 January 2025, the allowances referred to in Articles 10 and 11 shall be auctioned in the same bidding windows.

2.The auction platform shall determine the dates and times of the auctions taking account of public holidays that affect international financial markets and any other relevant events or circumstances that might affect the proper conduct of the auctions. No auctions shall be held in the two weeks over Christmas and New Year of each year.

3.In exceptional circumstances, any auction platform may, after having consulted the Commission, change the times of any bidding window by giving notice to all persons likely to be affected. The auction platform concerned shall take the utmost account of the Commission’s opinion on the change, where such an opinion is delivered.

4.The common auction platform shall conduct auctions of allowances referred to in Articles 10 and 13 at least on a weekly basis. The common auction platform shall conduct auctions of allowances referred to in Article 11 at least every two months. From 1 January 2025, provisions of this paragraph applying to allowances referred to in Article 10 shall also apply to allowances referred to in Article 11.By way of derogation from the first subparagraph, the common auction platform may conduct auctions of allowances referred to in Article 13 at other frequencies in the first six auctions, provided that this is necessary to improve the participation in the auctions and ensure the smooth operation of the auction process.Where the common auction platform conducts auctions of the allowances referred to in Articles 10 and 11 in one or two days a week, no opt-out auction platform shall conduct an auction on those days.Where the common auction platform conducts auctions of the allowances referred to in Articles 10 and 11 on more than two days a week, it shall choose two days on which no opt-out auctions may take place. It shall publish those days no later than at the publication of the auction calendar as referred to in Article 12(2).

5.The volume of allowances referred to in Articles 10 and 11 to be auctioned on a common auction platform shall in principle be distributed evenly over the auctions held in a given calendar year.The volume of allowances referred to in Article 13 to be auctioned on a common auction platform shall in principle be distributed evenly over the auctions held in a given calendar year.By way of derogation from the second subparagraph, the volume of allowances referred to in Article 13 to be auctioned for the first year of auctioning in accordance with Article 30d(2) of Directive 2003/87/EC, shall be distributed in the period from 1 January 2027 up to 31 December 2028.Where the annual volume of allowances of a Member State cannot be distributed evenly over the auctions in a given calendar year in accordance with the rules for minimum volume bid set out in Article 6(1), the relevant auction platform shall distribute that volume over fewer auctions, ensuring that the volume is auctioned, in principle, at least every quarter.

Defined terms · 43

Show every defined term

affiliate undertaking
means affiliate undertaking as defined in Article 2, point (12), of Directive 2013/34/EU;
auction platform
means any public or private entity appointed to carry out the tasks referred to in Articles 27, 28, 30 and 31;
auction process
means the process encompassing the setting of the auction calendar, the procedures for admission to bid, the procedures for submission of bids, the conduct of the auction, the calculation and announcement of the auction results, the arrangements for payment of the price due and transfer of auction proceeds, delivery of the allowances and management of the collateral needed to cover any transaction risks, as well as the surveillance and monitoring of the proper conduct of the auctions by an auction platform;
auctioneer
means any public or private entity appointed to carry out the tasks referred to in Article 23;
beneficial owner
means beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849;
bid
means an offer in an auction to acquire a given volume of allowances at a specified price;
bidding window
means the time period during which bids may be submitted;
central counterparty
means an entity that interposes either directly between an auctioneer and a bidder or its successor in title, or between intermediaries representing them, and acts as the exclusive counterparty to each of them guaranteeing the payment of the auction proceeds to the auctioneer or an intermediary representing it or the delivery of the auctioned allowances to the bidder or an intermediary representing it;
clearing
means all processes taking place before the opening of the bidding window, during the bidding window and after the closing of the bidding window until settlement, and involving the management of any risks arising during that interval, including during margining, netting, or novation, or any other services, possibly carried out by a clearing or settlement system;
clearing system
means an infrastructure connected to the auction platform that provides clearing, margining, netting, management of collateral, settlement and delivery, and any other services, carried out by a central counterparty that is accessed either directly or indirectly through members of the central counterparty who act as intermediaries between their clients and the central counterparty;
collateral
means collateral security as defined in Article 2, point (m), of Directive 98/26/EC of the European Parliament and of the Council, including any allowances accepted as security by the clearing system or settlement system;
common auction platform
means the auction platform appointed following a joint procurement procedure between the Commission and the Member States, as contracting authorities, pursuant to Article 26(1)
control
means control as referred to in Article 3(2) and (3) of Council Regulation No 139/2004;
credit institution
means credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 of the European Parliament and of the Council;
criminal activity
means criminal activity as defined in Article 3, point (4), of Directive (EU) 2015/849;
customer due diligence measures
means the customer due diligence measures as referred to in Article 13 of Directive (EU) 2015/849 and the enhanced customer due diligence measures as set out in Articles 18, 18a and 20 of that Directive;
duly certified copy
means an authentic copy of an original document that is certified as being a true copy of the original by a qualified lawyer, accountant, notary public or similar professional who is recognised under the national law of the Member State concerned to attest officially as to whether a copy is in fact a true copy of its original;
exit strategy
means one or more documents that are determined in accordance with the contracts appointing the auction platform concerned and that set out detailed measures planned to ensure the following:
financial instrument
means financial instrument as defined in Article 4(1), point (15), of Directive 2014/65/EU;
inside information
means inside information as defined in Article 7 of Regulation (EU) No 596/2014;
insider dealing
means insider dealing as defined in Article 8 of Regulation (EU) No 596/2014;
investment firm
means investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU;
margining
means the process by which collateral is pledged by an auctioneer or a bidder, or one or more intermediaries acting on their behalf, to cover a given financial position, encompassing the entire process of measuring, calculating and administering the collateral put up to cover such financial positions, and which is intended to ensure that all payment commitments of a bidder and all delivery commitments of an auctioneer or one or more intermediaries acting on their behalf can be met within a very short period of time;
market abuse
means market abuse as defined in Article 1 of Regulation (EU) No 596/2014;
market manipulation
means market manipulation as defined in Article 12 of Regulation (EU) No 596/2014;
market operator
means market operator as defined in Article 4(1), point (18), of Directive 2014/65/EU;
Member State of establishment
means any of the following:
money laundering
means money laundering as defined in Article 1(3), (4) and (6) of Directive (EU) 2015/849 of the European Parliament and of the Council;
nominated bank account
means a bank account designated by an auctioneer, a bidder or bidder’s successor in title for the receipt of payments due under this Regulation;
nominated Union Registry account
means an account in the Union Registry established by Delegated Regulation (EU) 2019/1122;
opt-out auction platform
means the auction platform appointed by a Member State not participating in the joint action as provided in Article 26(1), as its own auction platform, pursuant to Article 29(1)
parent undertaking
means parent undertaking as defined in Article 2, point (9), of Directive 2013/34/EU of the European Parliament and of the Council;
politically exposed person
means politically exposed person as defined in Article 3, point (9), of Directive (EU) 2015/849;
regulated market
means regulated market as defined in Article 4(1), point (21), of Directive 2014/65/EU;
secondary market
means the market in which persons buy or sell allowances either before or after they are allocated either free of charge or through auctioning;
settlement
means payment by a successful bidder or its successor in title, or by a central counterparty or a settlement agent of the sum due for allowances to be delivered to that bidder or its successor in title or to a central counterparty or a settlement agent, and delivery of the allowances to the successful bidder or its successor in title, or to the central counterparty or the settlement agent;
settlement agent
means an entity acting as an agent providing accounts to the auction platform, through which accounts instructions for the transfer of the auctioned allowances given by the auctioneer or an intermediary representing it and for the payment of the auction clearing price by a successful bidder, its successor in title or an intermediary representing them are safely executed either simultaneously or nearly simultaneously in a guaranteed manner;
settlement system
means any infrastructure, whether or not connected to the auction platform, that provides settlement services, which include clearing, netting, management of collateral, or any other services and which ultimately enable the payment of the sum due by a successful bidder or its successor in title to an auctioneer, and the delivery of allowances on behalf of an auctioneer to a successful bidder or its successor in title, where those services are carried out through either of the following:
subsidiary undertaking
means subsidiary undertaking as defined in Article 2, point (10), of Directive 2013/34/EU;
terrorist financing
means terrorist financing as defined in Article 1(5) and (6) of Directive (EU) 2015/849;
trading day
means any day during which an auction platform and the clearing system or settlement system connected to it are open for trading;
two-day spot contracts
means contracts by which allowances are auctioned for delivery at an agreed date no later than the second trading day following the day of the auction;
unlawful disclosure of inside information
means unlawful disclosure of inside information as defined in Article 10 of Regulation (EU) No 596/2014;