HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 303/10
EN
Official Journal of the European Union
14.11.2013
COMMISSION REGULATION (EU) No 1143/2013
of 13 November 2013
amending Regulation (EU) No 1031/2010 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 in particular to list an auction platform to be
appointed by Germany
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Parliament and of the Council of 11 February 2004
concerning a mechanism for monitoring Community
greenhouse gas emissions and for implementing the
Having regard to the Treaty on the Functioning of the European
Kyoto Protocol ( 3 ).
Union,
(5) In
order
to
ensure
that
the
proposed
appointment
of
EEX
Having regard to Directive 2003/87/EC of the European
as an auction platform referred to in Article 30(1) of
Parliament and of the Council of 13 October 2003 establishing
Regulation (EU) No 1031/2010 is compatible with the
a scheme for greenhouse gas emission allowance trading within
requirements of that Regulation and is in conformity
the Community and amending Council Directive 96/61/EC (
with the objectives set out in Article 10(4) of Directive

1 ),
and in particular Articles 3d(3) and 10(4) thereof,
2003/87/EC, it is necessary to impose a number of
conditions and obligations on EEX.
Whereas:
(6) In
accordance
with
Article
35(3)(b)
of
Regulation
(EU)
No 1031/2010, an appointed auction platform is
required to provide full, fair and equitable access to bid
(1) Member
States
not
participating
in
the
joint
action
as
in the auctions for small and medium enterprises (SMEs)
provided in Article 26(1) and (2) of Commission Regu
and access to bid in the auctions for small emitters. To
lation (EU) No 1031/2010 of 12 November 2010 on the
ensure this, EEX should provide such SMEs and small
timing, administration and other aspects of auctioning of
emitters with transparent, comprehensive and up-to-
greenhouse gas emission allowances pursuant to
date information, on access possibilities to auctions
Directive 2003/87/EC of the European Parliament and
conducted by EEX for Germany including all necessary
of the Council establishing a scheme for greenhouse
practical guidance on how to make the most of such
gas emission allowances trading within the Commu
possibilities. Such information should be publicly
nity ( 2 ) may appoint own auction platforms for the
available on EEX’s webpage. In addition, EEX should
auctioning of their share of the volume of allowances
report to the auction monitor to be appointed as
covered by Chapters II and III of Directive 2003/87/EC.
provided for in Article 24(2) of Regulation (EU) No
Pursuant to the third paragraph of Article 30(5) of Regu
1031/2010 on the coverage obtained, including on the
lation (EU) No 1031/2010, the appointment of such
level of geographic coverage obtained, and take the
auction platforms is subject to listing of the auction
utmost account of the auction monitor’s recommen
platform concerned in Annex III to that Regulation.
dations in this regard so as to ensure fulfilment of its
obligations under Article 35(3)(a) and (b) of that Regu
lation.
(2) In
accordance
with
Article
30(4)
of
Regulation
(EU)
No
1031/2010, Germany informed the Commission of its
decision not to participate in the joint action as
(7) In
accordance
with
Article
35(3)(e)
of
Regulation
(EU)
No
provided in Article 26(1) and (2) of that Regulation,
1031/2010, when appointing an auction platform,
and to appoint its own auction platform.
Member States must take into account the extent to
which a candidate auction platform is able to avoid
distortions of competition in the internal market
(3) On
15
March
2013,
Germany
notified
the
Commission
including the carbon market. In particular, an auction
of its intention to appoint European Energy Exchange
platform should not be able to use the contract
AG (‘EEX’) as an auction platform referred to in
appointing it to leverage the competitiveness of its
Article 30(1) of Regulation (EU) No 1031/2010.
other activities, notably the secondary market it orga
nises. An auction platform should provide candidate
bidders the option to be admitted to bid in the
(4) On
20
March
2013,
Germany
presented
the
notification
auctions without being required to become an
to the Climate Change Committee established under
exchange member or a participant in the secondary
Article 9 of Decision No 280/2004/EC of the European
market organised by itself or of any other trading place
operated by it or by any third party.
( 1 ) OJ L 275, 25.10.2003, p. 32.
( 2 ) OJ L 302, 18.11.2010, p. 1.
( 3 ) OJ L 49, 19.2.2004, p. 1.

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EN
14.11.2013 Official
Journal
of
the
European
Union L
303/11
(8) In
accordance
with
Article
35(3)(h)
of
Regulation
(EU)
auctions by the common auction platform for a Member
No 1031/2010, when appointing an auction platform,
State which has decided not to join the joint action, but
Member States have to take into account the extent to
which has to make use of the common auction platform
which adequate measures are provided to require an
pending the appointment of an own auction platform.
auction platform to hand over all tangible and intangible
These provisions should mirror the provision for the
assets necessary for the conduct of the auctions by an
auction calendars to be determined by auction
auction platform’s successor. Such measures should be
platforms appointed by such Member States.
laid down in a clear and timely manner in an exit
strategy that should be reviewed by the auction
monitor. Not only EEX as appointed by Germany, but
all auction platforms should develop such an exit strategy
and take utmost account of the auction monitor’s
(13) Admission to the auctions shall not be dependent on
opinion thereon.
becoming a member of or a participant in the

secondary market organised by the auction platform or
any other trading place operated by the auction platform
or by any third party. This requirement should apply to
(9)
In light of the experience gained, the provisions of Regu
any auction platform, and not only to the auction
lation (EU) No 1031/2010 concerning the procurement
platforms appointed by Member States not participating
procedures for appointing auction platforms and the
in the joint action for procuring common auction plat
auction monitor, and the holding of auctions should be
forms.
amended.
(14) An
auction
platform
may
offer
one
or
more
alternative
(10) Since
the
allowances
must
be
delivered
within
five
days
means of accessing its auctions, where the main means
from the auction, and since these allowances themselves
of access are inaccessible for whatever reason, provided
are tradable, the auctioned product does not need to be
that such alternative means of access are secure and
tradable.
reliable and their use does not lead to any discrimination
between bidders. For the avoidance of doubt, it should be
clarified that Member States may require an auction
platform to offer such alternative means.
(11) On
occasion,
an
auction
platform
is
required
to
consult
the auction monitor. Replying to such consultations
entail a responsibility and liability for the auction
monitor. In order to mitigate such responsibility and
liability, in particular in urgency cases, the consulting
(15) The
implementation
of
a
prohibition
on
Member
States
auction platform should be allowed to proceed with
disclosing inside information to persons working for an
the intended measure already before obtaining an
auctioneer may be impracticable or negatively impact the
opinion from the auction monitor. The obligation on
efficiency of the work of the appointed auctioneer or
the auction platform to take the utmost account of the
persons working for the auctioneer. Auctioneers only
auction monitor’s opinion, where delivered, should
have a limited role in the conduct of auctions and a
remain.
range of measures exist to mitigate risks of insider
dealing, including measures that address situations
where the auctioneer or persons working for the
auctioneer would have access to inside information. In
(12) The
determination
of
auction
calendars
should
also
be
this context, a complete prohibition is disproportionate.
reviewed. First, it is neither practicable nor necessary to
Nevertheless, Member States should be responsible to
determine the auction calendars as early as February and
ensure that an appointed auctioneer has appropriate
March of the preceding year. Second, volumes to be
measures to prevent insider dealing in place before they
auctioned in August should be half of the volumes
disclose such inside information.
auctioned in other months, which may be achieved by
holding fewer auctions as well as by auctioning smaller
volumes. Third, Article 3d of Directive 2003/87/EC
determines the volumes and Member State’s share of
the aviation allowances to be auctioned and the
(16) The notification by a Member State that does not
provision in Regulation (EU) No 1031/2010 on the
participate in the joint action of procuring common
annual volume of aviation allowances to be auctioned
auction platforms of the auction platform it intends to
should take account of uncertainties of some of the
appoint cannot contain the full auction calendar, but
underlying factors determining those volumes and
should contain the relevant information for coordinating
shares. In addition, given the uncertainty on the
auction calendars at a later stage.
outcome of international negotiations, some greater flexi
bility for spreading the volume of aviation allowances to
be auctioned over a given calendar year is justified.
Fourth, in case of consecutive cancellations, the
(17) The
review
of
Regulation
(EU)
No
1031/2010
should
allowances should be spread over a greater number
benefit from the auction monitor’s report on the
than the next four scheduled auctions. Finally, provisions
auction conducted in 2014, which can be expected to
should be added as regards the auction calendar for
be delivered in the beginning of the subsequent year.

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L 303/12
EN
Official Journal of the European Union
14.11.2013
(18) Regulation
(EU)
No
1031/2010
provides
that
an
auction
(26) Regulation
(EU) No 1031/2010 should therefore be
platform must be a regulated market. In order to benefit
amended accordingly,
from relevant experience and expertise, and mitigate the
risks in the execution of the auctions, it is appropriate to
HAS ADOPTED THIS REGULATION:
clarify that this should be a regulated market, whose
operator organises a market in allowances or allowances
derivatives.
Article 1
Regulation (EU) No 1031/2010 is amended as follows:
(19) As the auction monitor may be paid from the auction
(1) in Article 4, paragraph 1 is replaced by the following:
revenues, it may be desirable for an auction platform to
act as a payment agent for the costs of the auction
monitor.
‘1. Allowances
shall
be
offered
for
sale
on
an
auction
platform by means of standardised electronic contracts
(“the auctioned product”).’;
(20) A
restricted
procurement
procedure
for
the
appointment
of the auction monitor has not resulted in a contract as
(2) in Article 7, paragraphs 7 and 8 are replaced by the
no candidates submitted a request to participate in this
following:
joint procurement. A new procedure will have to address
complex issues, e.g. concerning the choice of the tender
‘7. Before an auction is started, the auction platform
procedure, the form of the contract and the precise
shall determine the methodology for the application of
description of the tasks, which take time to resolve.
paragraph 6, after consulting the auction monitor, if
The absence of an auction monitor does not, however,
appointed, and notifying the competent national auth
entail a risk for the conduct of the auctions to the extent
orities referred to in Article 56.
that they should be stopped pending the appointment of
the monitor.
In between two bidding windows on the same auction
platform, the auction platform concerned may modify
the methodology. It shall notify the auction monitor, if
(21) An
auction
platform
may
allow
the
submission
of
an
appointed, and the competent national authorities
electronic application for admission to bid but it
referred to in Article 56 without delay.
should also be allowed to require such submission by
means of paper documents.
The auction platform concerned shall take the utmost
account of the auction monitor’s opinion, where provided.
(22) In case the auction platform appointed by a Member
8. Where
one
or
more
auctions
are
cancelled
pursuant
State not participating in the joint action for the
to paragraph 5 or 6 consecutively, the combined volume
procurement of common auction platforms is not able
of allowances of those auctions shall be distributed evenly
to hold the auctions, the Member State concerned should
over the following auctions scheduled on the same auction
turn to the common auction platform for the auctioning
platform.
of its share in the volume of allowances to be auctioned.
It should be clarified that the arrangements between the
common auction platform and auctioneers appointed by
In the case of allowances covered by Chapter III of
those Member States need to be in place before any such
Directive 2003/87/EC the number of auctions over
auctioning on a common auction platform, but not
which the combined volume to be auctioned must be
earlier.
distributed shall equal four times the number of auctions
that were cancelled.
(23) All
auction
platforms
should
determine
an
exit
strategy
In the case of allowances covered by Chapter II of
and consult the auction monitor thereon. This obligation
Directive 2003/87/EC the number of auctions over
should not apply exclusively to auction platforms
which the combined volume to be auctioned must be
appointed by Member States not participating in the
distributed shall equal two times the number of auctions
joint action to appoint common auction platforms.
that were cancelled.’;
(3) Article 8 is amended as follows:
(24) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Climate Change
(a) paragraph 3 is replaced by the following:
Committee.
‘3. In exceptional circumstances, any auction
platform may, after consulting the auction monitor,
(25) The
contract
between
Germany
and
EEX
in
its
capacity
of
if appointed, change the times of any bidding
the transitional opt-out auction platform expires in
window, by giving notice to all persons likely to be
December 2013. In order to ensure predictable and
affected. The auction platform concerned shall take the
timely continuation of the auctions by EEX, this Regu
utmost account of the auction monitor’s opinion,
lation should enter into force as a matter of urgency.
where delivered.’;

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EN
14.11.2013 Official
Journal
of
the
European
Union L
303/13
(b) paragraph 5 is replaced by the following:
Commission and obtained its opinion thereon. The
auction platforms concerned shall take the utmost
account of the Commission’s opinion.’;
‘5. The
volume
of
allowances
covered
by
Chapter
III
of Directive 2003/87/EC to be auctioned on the
(b) paragraph 4 is replaced by the following:
auction platform appointed pursuant to Article 26(1)
or (2) shall be distributed evenly over the auctions held
‘4. The calendar for individual auctions of
in a given year, except that volumes auctioned in
allowances covered by Chapter III of Directive
August of each year shall be half of the volume
2003/87/EC conducted by an auction platform other
auctioned in auctions held in other months of the
than the auction platforms appointed pursuant to
year.
Article 26(1) or (2) of this Regulation shall be
determined and published pursuant to Article 32 of
The volume of allowances covered by Chapter II of
this Regulation.
Directive 2003/87/EC to be auctioned on the auction
platform appointed pursuant to Article 26(1) or (2)
Article 32 shall also apply with respect to the auctions
shall in principle be distributed evenly over the
conducted pursuant to the second subparagraph of
auctions held in a given year, except that volumes
Article 30(7) by the auction platform appointed
auctioned in August of each year shall be half of the
pursuant to Article 26(1) or (2).’;
volume auctioned in auctions held in other months of
the year.’;
(6) Article
12
is
replaced
by
the
following:
‘Article 12
(4) Article
9
is
replaced
by
the
following:
Annual volumes of auctioned allowances covered by
Chapter II of Directive 2003/87/EC
‘Article 9
1. The
volume
of
allowances
covered
by
Chapter
II
of
Circumstances preventing the conduct of auctions
Directive 2003/87/EC to be auctioned each year shall be
15 % of the expected volume of those allowances in circu
Without prejudice to the application of the rules referred
lation for that year. Where the auctioned volume in a
in Article 58 where appropriate, an auction platform may
given year is more or less than 15 % of the volume
cancel an auction where the proper conduct of that
actually put in circulation for that year, the volume to
auction is disrupted or is likely to be disrupted. Where
be auctioned in the subsequent year shall correct for the
one or more auctions are cancelled consecutively, the
difference. Any allowances that remain to be auctioned
combined volume of allowances of those auctions shall
after the last year of a trading period shall be auctioned
be distributed evenly over the following auctions
in the first four months of the subsequent year.
scheduled on the same auction platform.
The volume of allowances to be auctioned in the final year
In the case of allowances covered by Chapter III of
of each trading period shall take account of allowances
Directive 2003/87/EC the number of auctions over
remaining in the special reserve referred to in Article 3f
which the combined volume to be auctioned must be
of Directive 2003/87/EC.
distributed shall equal four times the number of auctions
that were cancelled consecutively.
2. For
each
calendar
year
in
a
given
trading
period,
each
Member State’s share of allowances to be auctioned
covered by Chapter II of Directive 2003/87/EC shall be
In the case of allowances covered by Chapter II of
determined in accordance with Article 3d(3) of that Direc
Directive 2003/87/EC the number of auctions over
tive.’;
which the combined volume to be auctioned must be
distributed shall equal two times the number of auctions
(7) Article 13 is amended as follows:
that were cancelled consecutively.’;
(a) the first subparagraph of paragraph 2 is replaced by
(5) Article
11
is
amended
as
follows:
the following:
‘2. As
from
2013,
the
auction
platforms
appointed
(a) paragraph 1 is replaced by the following:
pursuant to Article 26(1) or (2) of this Regulation shall
in principle determine and publish the bidding
windows, individual volumes, auction dates as well
‘1. The
auction
platforms
appointed
pursuant
to
as the auctioned product, payment and delivery dates
Article 26(1) or (2) of this Regulation shall
of the allowances covered by Chapter II of Directive
determine and publish the bidding windows, individual
2003/87/EC to be auctioned in individual auctions for
volumes, auction dates as well as the auctioned
each calendar year by 30 September of the previous
product, payment and delivery dates of the allowances
year, or as soon as practicable thereafter, having
covered by Chapter III of Directive 2003/87/EC to be
previously consulted the Commission and obtained
auctioned in individual auctions each calendar year, by
its opinion thereon. The auction platforms concerned
30 September of the previous year, or as soon as
shall take the utmost account of the Commission’s
practicable thereafter, having previously consulted the
opinion.’;

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L 303/14
EN
Official Journal of the European Union
14.11.2013
(b) in paragraph 4, the following second subparagraph is
and conditions, pursuant to the second subparagraph
added:
of Article 30(7) and the first subparagraph of
Article 30(8).’;
‘Article 32 shall also apply with respect to the auctions
conducted pursuant to the second subparagraph of
(b) paragraph 4 is replaced by the following:
Article 30(7) by the auction platform appointed
pursuant to Article 26(1) or (2).’;
‘4. Member
States
shall
refrain
from
disclosing
inside information to persons working for the
(8) Article
16
is
amended
as
follows:
auctioneer unless the person working or acting for
the Member State makes such disclosure on a need-
to-know basis in the normal course of the exercise of
(a) the following paragraph 1a is inserted:
their employment, profession or duties and the
Member State concerned is satisfied that the auctioneer
‘1a. Admission to the auctions shall not be
has in place appropriate measures to prevent insider
dependent on becoming a member of or a participant
dealing, within the meaning of Article 3(28) or as
in the secondary market organised by the auction
prohibited by Article 38, by any person working for
platform or any other trading place operated by the
an auctioneer, additional to the measures foreseen in
auction platform or by any third party.’;
Article 42(1) and (2).’;
(b) paragraph 3 is replaced by the following:
(12) in Article 24(1), the third subparagraph is replaced by the
following:
‘3. An
auction
platform
may
offer,
and
Member
‘Where reasons of force majeure prevent the auction
States may require an auction platform to offer, one
monitor from performing its tasks in respect of a given
or more alternative means of accessing its auctions,
auction, in full or in part, the auction platform concerned
should the main means of access be inaccessible for
may decide to conduct that auction provided that it takes
whatever reason, provided that such alternative means
appropriate measures to ensure adequate monitoring of
of access are secure and reliable and their use does not
the auction itself. The foregoing shall also apply until
lead to any discrimination between bidders.’;
the moment that the first auction monitor appointed
pursuant to paragraph 2 starts monitoring the auctions
(9) in Article 18(1), point (a) is replaced by the following:
concerned as more particularly specified in the contract
appointing it.’;
‘(a) an operator or an aircraft operator having an operator
holding account or an aircraft operator holding
(13) in Article 25, paragraph 6 is replaced by the following.
account, bidding on its own account, including any
parent undertaking, subsidiary undertaking or affiliate
‘6. The auction monitor shall provide opinions
undertaking forming part of the same group of under
pursuant to Articles 7(7), 8(3), 27(3) and 31(1) and as
takings as the operator or the aircraft operator;’;
provided in Annex III. Opinions shall be delivered within
a reasonable time.’;
(10) in Article 20, paragraph 2 is replaced by the following:
(14) in Article 27, the following paragraph 3 is added:
‘2. An
application
for
admission
to
bid
made
under
paragraph 1 shall be made by submitting a completed
‘3. Within three months from the date of its
application form to the auction platform. The application
appointment, the auction platform shall submit its
form and its access through the internet shall be provided
detailed exit strategy to the Commission, who will
and maintained by the auction platform concerned.’;
consult the auction monitor thereon. Within two
months from the date of receipt of the auction
monitor’s opinion pursuant to Article 25(6), the auction
(11) Article 22 is amended as follows:
platform shall review, and where appropriate amend, its
exit strategy, taking the utmost account of that opinion.’;
(a) paragraph 3 is replaced by the following:
(15) in Article 30(6), point (c) is replaced by the following:
‘3. For
Member
States
not
participating
in
the
joint
actions as provided in Article 26(1) and (2), the
‘(c) the auctioned product and any information necessary
auctioneer shall be appointed by the appointing
for the Commission to assess whether the envisaged
Member State so as to conclude and implement the
auction calendar is compatible with any prevailing or
necessary arrangements with the auction platforms
envisaged auction calendar of the auction platforms
appointed pursuant to Article 26(1) and (2),
appointed pursuant to Article 26(1) or (2) as well as
including any clearing system and settlement system
other auction calendars proposed by other Member
connected to them, to enable the auctioneer to auction
States not participating in the joint action provided
allowances on behalf of the appointing Member State
for in Article 26 but opting to appoint their own
on such auction platforms upon mutually agreed terms
auction platforms;’;

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EN
14.11.2013 Official
Journal
of
the
European
Union L
303/15
(16) in Article 31, paragraph 1 is replaced by the following:
2014, the Commission shall review the arrangements
provided for in this Regulation including the operation
‘1. Any auction platform appointed pursuant to
of all auction processes.’;
Article 30(1) shall carry out the same functions as the
auction platform appointed pursuant to Article 26(1) as
provided for in Article 27.
(19) in Article 35, paragraph 1 is replaced by the following:
However, an auction platform appointed pursuant to
Article 30(1) shall be exempted from the provisions of
Article 27(1)(c) and it shall submit the exit strategy
referred to in Article 27(3) to the appointing Member
‘1. Auctions
shall
only
be
conducted
on
an
auction
State, who must consult the auction monitor thereon.’;
platform authorised as a regulated market whose
operator organises a market in allowances or allowances
(17) in Article 32(4), the first subparagraph is replaced by the
derivatives.’;
following:
‘4. The auction platforms appointed pursuant to
Article 30(1) or (2) of this Regulation shall determine
(20) in Article 44, paragraph 2 is replaced by the following:
and publish the bidding windows, individual volumes,
auction dates as well as the auctioned product, payment
and delivery dates of the allowances, covered by Chapters
II and III of Directive 2003/87/EC, to be auctioned in
‘2. An
auction
platform
including
the
clearing
system(s)
individual auctions each year, by 31 October of the
or settlement system(s) connected to it shall transfer the
previous year or as soon as practicable thereafter. The
payments made by the bidders or any successors in title
auction platforms concerned shall make their deter
arising from the auctioning of allowances covered by
mination and publication only after the determination
Chapters II and III of Directive 2003/87/EC to the
and publication pursuant to Articles 11(1) and 13(1) of
auctioneers that auctioned the allowances in question,
this Regulation by the auction platforms appointed
except for any amount for which it is asked to act as a
pursuant to Article 26(1) or (2) of this Regulation,
payment agent in respect of the auction monitor.’;
unless such an auction platform has not yet been
appointed. The auction platforms concerned shall make
their determination and publication only after having
consulted the Commission and obtained its opinion
thereon. The auction platforms concerned shall take the
(21) Annex III is amended in accordance with the text set out
utmost account of the Commission’s opinion.’;
in the Annex to this Regulation.
(18) in Article 33, the first subparagraph is replaced by the
following:
Article 2
‘Upon delivery by the auction monitor of the annual
This Regulation shall enter into force on the day following that
consolidated report concerning the auctions conducted in
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, 13 November 2013.
For the Commission
The President
José Manuel BARROSO

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L 303/16
EN
Official Journal of the European Union
14.11.2013
ANNEX
The table set out in Annex III to Regulation (EU) No 1031/2010 is amended as follows:
In Part 1, following name of the auction platform appointed by Germany, the following row is added:
‘Legal basis Article
30(2)’
In Part 2, following name of the auction platform appointed by the United Kingdom, the following row is added:
‘Legal basis Article
30(1)’
The following Part 3 is added:
‘Auction platforms appointed by Germany
3 Auction
Platform European
Energy
Exchange
AG
(EEX)
Legal basis Article
30(1)
Term of appointment From 15 November 2013 at the earliest until 14 November 2018 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 1.
Within
two
months
from
15
November
2013,
EEX
shall
submit
its
exit
strategy
to Germany for consultation of the auction monitor. The exit strategy shall be
without prejudice to the obligations upon EEX pursuant to the contract with
the Commission and the Member States concluded pursuant to Article 26 and
the rights of the Commission and those Member States under that contract.
2. EEX shall draw up and maintain on its webpage a comprehensive and up-to-
date list of members admitted to bid that are licensed to bid on behalf of SMEs
and small emitters with readily comprehensible practical guidance informing
SMEs and small emitters of the steps they need to take to access the auctions
through such members.
3. Within six months after the start of the auctions or two months from the
appointment of the auction monitor, whichever is the latest, EEX shall report to
the auction monitor on the coverage obtained, including the level of geographic
coverage and take the utmost account of the auction monitor’s recommen
dations in this regard so as to ensure fulfilment of its obligations under
Article 35(3)(a) and (b).
4. Germany shall notify the Commission of any substantive changes in relevant
contractual relations with EEX notified to the Commission on 15 March 2013
and communicated to the Climate Change Committee on 20 March 2013.’

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