HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 234/4
EN
Official Journal of the European Union
31.8.2012
REGULATIONS
COMMISSION REGULATION (EU) No 784/2012
of 30 August 2012
amending Regulation (EU) No 1031/2010 to list an auction platform to be appointed by Germany
and correcting Article 59(7) thereof
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) On
22
March
2012,
Germany
presented
the
notification
to the Climate Change Committee. In addition, Germany
has provided further information and clarification to the
Commission, supplementing the notification accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(5) The
proposed
appointment
of
EEX
as
an
auction
Having regard to Directive 2003/87/EC of the European
platform referred to in Article 30(2) of Regulation (EU)
Parliament and of the Council of 13 October 2003 establishing
No 1031/2010 is compatible with the requirements of
a scheme for greenhouse gas emission allowance trading within
that Regulation and is in conformity with the objectives
the Community and amending Council Directive 96/61/EC ( 1 ),
set out in Article 10(4) of Directive 2003/87/EC.
and in particular Articles 3d(3) and 10(4) thereof,
Whereas:
(6)
In accordance with point (e) of Article 35(3) of Regu
lation (EU) No 1031/2010, an auction platform must not
abuse the contract appointing it to unduly leverage the
(1) Commission Regulation (EU) No
1031/2010 of
competitiveness of its other activities, notably the
12 November 2010 on the timing, administration and
secondary market it organises. Therefore, the listing of
other aspects of auctioning of greenhouse gas emission
EEX as an auction platform should be conditional upon
allowances pursuant to Directive 2003/87/EC of the
EEX providing the option to candidate bidders to be
European Parliament and of the Council establishing a
admitted to bid in the auctions without being required
scheme for greenhouse gas emission allowances trading
to become a member of or a participant in the secondary
within the Community (
market organised by EEX or of any other trading place

2 ), allows Member States not
participating in the joint action as provided in
operated by EEX or by any third party.
Article 26(1) and (2) to appoint their own auction
platform for the auctioning of their share of the
volume of allowances covered by Chapters II and III of
Directive 2003/87/EC. The appointment of such auction
platforms is subject to listing of the auction platform
(7)
In accordance with point (h) of Article 35(3) of Regu
concerned in Annex III, pursuant to the third
lation (EU) No 1031/2010, when appointing an auction
paragraph of Article 30(5) of that Regulation.
platform, the Member States have to take into account
the extent to which adequate measures are provided to
require an auction platform to hand over all tangible and
intangible assets necessary for the conduct of the
(2) In
accordance
with
Article
30(4)
of
Regulation
(EU)
auctions by an auction platform’s successor. Such
No 1031/2010, Germany informed the Commission of
measures should be laid down in a clear and timely
its decision not to participate in the joint action as
manner in an exit strategy that should be reviewed by
provided in Article 26(1) and (2) of that Regulation,
the auction monitor. EEX should develop such an exit
and to appoint its own auction platform.
strategy and take into utmost account the auction
monitor’s opinion thereon.
(3) On
9
March
2012,
Germany
notified
the
Commission
of
its intention to appoint European Energy Exchange AG
(‘EEX’) as an auction platform referred to in Article 30(2)
(8)
An auction platform is required to obtain the auction
of Regulation (EU) No 1031/2010.
monitor’s opinion on the methodology for the appli
cation of Articles 7(6) and 8(3) of Regulation (EU)
( 1 ) OJ L 275, 25.10.2003, p. 32.
No 1031/2010. However, where the auction monitor
( 2 ) OJ L 302, 18.11.2010, p. 1.
has not been appointed before the start of the auction

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EN
31.8.2012 Official
Journal
of
the
European
Union L
234/5
concerned, the auction platform should be allowed to
(2) in Article 7, paragraph 7 is replaced by the following:
proceed without having obtained the auction monitor’s
opinion.
‘7. Before
an
auction
is
started,
the
auction
platform
shall
determine the methodology for the application of paragraph
(9) Regulation
(EU)
No
1031/2010
should
therefore
be
6, after consulting the auction monitor and obtaining its
amended accordingly.
opinion thereon and notifying the competent national auth
orities referred to in Article 56.
(10) Moreover,
certain
references
in
Article
59(7)
of
Regu
lation (EU) No 1031/2010 should be corrected.
In between two bidding windows on the same auction
platform, the auction platform concerned may modify the
methodology after having consulted the auction monitor,
(11) In
order
to
ensure
predictable
and
timely
auctions
by
the
obtained its opinion thereon, and notified the competent
auction platform to be appointed by Germany, this Regu
national authorities referred to in Article 56.
lation should enter into force as a matter of urgency.
Where the auction monitor has not been appointed at least
(12) The
measures
provided
for
in
this
Regulation
are
in
one month prior to the start of the auction concerned, the
accordance with the opinion of the Climate Change
auction platform may apply the intended methodology
Committee,
without having obtained the auction monitor’s opinion.
HAS ADOPTED THIS REGULATION:
The auction platform concerned shall take the utmost
account of the auction monitor’s opinion.’;
Article 1
Amendments to Regulation (EU) No 1031/2010
(3) in Article 8, paragraph 3, the following subparagraph is
Regulation (EU) No 1031/2010 is amended as follows:
added:
(1) in Article 3, the following point is added:
‘Where the auction monitor has not yet been appointed at
least one month prior to the start of the auction concerned,
the auction platform may proceed with the intended change
‘44. “exit strategy” means one or more documents
of time.’;
determined in accordance with the contracts
appointing the auction monitor or the auction
platform concerned, setting out detailed measures
(4) in Article 25, paragraph 6 is replaced by the following:
planned to ensure the following:
‘6. The
auction
monitor
shall
provide
opinions
pursuant
(a) the transfer of all tangible and intangible assets
to Articles 7(7) and 8(3), and as provided in Annex III.
necessary for the uninterrupted continuation of
Opinions shall be delivered within a reasonable time.’;
the auctions and the smooth operation of the
auction process by an auction platform’s successor;
(5) Annex III is amended in accordance with the Annex to this
Regulation.
(b) the provision to the contracting authorities or
the auction monitor, or both, of all information
relating to the auction process, that is necessary for
the procurement procedure for the appointment of
Article 2
the auction platform’s successor;
Correction to Regulation (EU) No 1031/2010
In Article 59, paragraph 7 is replaced by the following:
(c) the provision to the contracting authorities, or
the auction monitor or the auction platform’s
successor, or any combination of these, of the
‘7. Clients
of
bidders
referred
to
in
paragraph
1
may
direct
technical assistance that enables the contracting
any complaints that they may have with regard to
authorities, or the auction monitor or the
compliance with the conduct rules provided for in paragraphs
auction platform’s successor, or any combination
2 and 3 to the competent authorities mentioned in paragraph
of these, to understand, access or use the
4 in accordance with the procedural rules laid down for the
relevant information provided pursuant to points
handling of such complaints in the Member State where the
(a) and (b).’;
persons referred to in paragraph 1 are supervised.’.

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L 234/6
EN
Official Journal of the European Union
31.8.2012
Article 3
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 August 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX
In Annex III to Regulation (EU) No 1031/2010, the table is replaced by the following:
‘Auction platforms appointed by Germany
1 Auction
Platform European
Energy
Exchange
AG
(EEX)
Term of
From 1 September 2012 at the earliest until at least 31 March 2013 and 31 December
appointment
2013 at the latest, without prejudice to the second subparagraph of Article 30(5).
Conditions
Admission to the auctions shall not be dependent on becoming a member of or a
participant in the secondary market organised by EEX or of any other trading place
operated by EEX or by any third party.
Obligations Within
two
months
from
1
September
2012,
EEX
shall
submit
its
exit
strategy
to
Germany for consultation of the auction monitor.
Within two months from receiving the auction monitor’s opinion, EEX shall review its
exit strategy, taking the utmost account of that opinion.
Germany shall notify the Commission of any substantive changes in relevant contractual
relations with EEX.’

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Document Outline

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