Commission Delegated Regulation (EU) 2023/2830 of 17 October 2023 supplementing Directive 2003/87/EC of the European Parliament and of the Council by laying down rules on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances

The opt-out auction platform concerned shall publish the auction calendar for a given year by 31 July of the previous year with regard to allowances referred to in Articles 10 and 11 of this Regulation, or as soon as practicable thereafter, provided that the Commission has instructed the central administrator of the Union Registry to enter the respective auction table into the Union Registry in accordance with Delegated Regulation (EU) 2019/1122.

The opt-out auction platform concerned shall determine and publish the auction calendars only after the common auction platform has determined and published its auction calendars in accordance with Article 12, unless such auction platform has not yet been appointed pursuant to Article 26(1). The auction platforms concerned may simultaneously determine the auction calendars for allowances referred to in Articles 10 and 11, as long as the deadline for publication of the auction calendars referred to in Article 12 is respected.

Published auction calendars shall be consistent with any relevant conditions or obligations listed in Annex III.

CHAPTER IX APPOINTMENT REQUIREMENTS APPLICABLE TO AUCTIONEERS AND AUCTION PLATFORMS

Article 32

Appointment requirements applicable to auctioneers

• (a) exhibit a risk of conflict of interest or market abuse having regard to the following:
• (i) any activities on the secondary market;
• (ii) any internal processes and procedures to mitigate the risk of conflict of interest or market abuse;

• (b) are able to fulfil the auctioneer’s tasks in a timely manner and in accordance with the highest professional and quality standards.

Article 33

Appointment requirements applicable to auction platforms

However, where it is provided for in the procurement documents for the joint procurement procedure pursuant to Article 26(1), an entity authorised as a regulated market whose operator organises a wholesale energy market as defined in Article 2(6) of Regulation (EU) No 1227/2011 of the European Parliament and of the Council ([^E0010]), but does not organise a secondary market in allowances or allowances derivatives, may participate in the procurement procedure pursuant to Article 26(1) of this Regulation. Where such entity is appointed as a common auction platform, its operator shall acquire an authorisation for organising a secondary market in allowances or allowances derivatives and shall ensure that it organises such secondary market at least 60 trading days prior to the opening of the first bidding window run by the auction platform concerned.

• (a) respect of the principle of non-discrimination both de facto and de jure;

• (b) full, fair and equitable access to bid in the auctions for SMEs covered by the Union system and to bid in the auctions for small emitters, as set out in Article 27(1), Article 27a(1) and Article 28a(4) of Directive 2003/87/EC;

• (c) cost-efficiency and avoidance of undue administrative burden;

• (d) robust auction supervision, notification of suspicions of money laundering, terrorist financing, criminal activity or market abuse, administration of any required remedial measures or sanctions, including the provision of an extra-judicial dispute resolution mechanism;

• (e) avoidance of distortions of competition in the internal market, including the carbon market;

• (f) proper functioning of the carbon market, including the implementation of the auctions;

• (g) connection to one or more clearing systems or settlement systems;

• (h) adequate measures requiring an auction platform to hand over all tangible and intangible assets necessary for the conduct of the auctions by its successor.

Where the candidate regulated market and its market operator are not established in the same Member State, the first subparagraph shall apply to both the Member State where the candidate regulated market is established and the Member State where its market operator is established.

For the purposes of appointing auction platforms in accordance with this Regulation, national measures transposing Articles 79 to 87 of Directive 2014/65/EU shall apply to cooperation between competent national authorities of different Member States and with the European Securities and Markets Authority (ESMA).

CHAPTER X REPORTING ON TRANSACTIONS

Article 34

Obligation to report transactions

Where there are errors or omissions in the transaction reports, the reporting auction platform shall correct the information and submit a corrected report to the competent national authority.

• (a) the name of the allowances or allowances derivatives;

• (b) the volume of allowances bought;

• (c) the dates and times of execution of the transaction;

• (d) the transaction prices;

• (e) the identity of the successful bidders;

• (f) where applicable, the identity of the clients on whose behalf the transaction was executed.

Where the successful bidder is a legal person, the auction platform shall, when reporting the designation to identify the successful bidder, use a legal entity identifier referred to in Article 5 of Commission Delegated Regulation (EU) 2017/590 ([^E0011]).

The report shall be drawn up using the data standards and formats established in Delegated Regulation (EU) 2017/590 and shall include all the relevant details referred to in Annex I of that Regulation.

CHAPTER XI PAYMENT AND TRANSFER OF THE AUCTION PROCEEDS

Article 35

Payment by successful bidders and transfer of proceeds to the Member States

Article 36

Consequences of late or non-payment

• (a) interest for each day beginning with the date on which payment was due pursuant to Article 52(3), point (d), and ending on the date on which payment is made at an interest rate set out in the contract appointing the auction platform concerned, calculated on a daily basis;

• (b) a penalty, which shall accrue to the auctioneer less any costs deducted by the clearing system or settlement system.

• (a) the central counterparty shall take delivery of the allowances and effect payment of the sum due to the auctioneer;

• (b) the settlement agent shall apply collateral taken from the bidder to effect payment of the sum due to the auctioneer.

CHAPTER XII DELIVERY OF THE AUCTIONED ALLOWANCES

Article 37

Transfer of the auctioned allowances

Allowances auctioned by any auction platform shall be transferred by the Union registry prior to the opening of a bidding window, into a nominated Union Registry account, to be held in escrow by the clearing system or settlement system acting as custodian, until delivery of the allowances to successful bidders or their successors in title, pursuant to the results of the auction, as provided for in the applicable delegated acts adopted pursuant to Article 19(3) of Directive 2003/87/EC.

Article 38

Delivering the auctioned allowances

A bidder may be allocated allowances from more than one Member State auctioning in the same auction if necessary to make up the volume of allowances notified to the bidder pursuant to Article 52(3), point (a).

Article 39

Late delivery of the auctioned allowances

Where the clearing system or settlement system fails to deliver all or part of the auctioned allowances due to circumstances outside its control, it shall deliver the allowances at the earliest opportunity and the successful bidders or their successors in title shall accept delivery at that later date. No other remedy for late delivery shall be available for the successful bidder or its successors in title.

CHAPTER XIII MANAGEMENT OF COLLATERAL

Article 40

Collateral given by the bidder

Article 41

Collateral given by the auctioneer

CHAPTER XIV FEES AND COSTS

Article 42

Structure and level of fees

However, where it is provided for in the procurement documents for the procurement procedures pursuant to Article 26(1) or Article 29(4), the operator of the auction platform may increase the fees paid by the successful bidders pursuant to Article 43(1) of this Regulation to a maximum of 120 % of the comparable standard fees paid by the successful buyers of allowances on the secondary market during the years when the auction volumes are reduced by more than 200 million allowances pursuant to Articles 1 and 1a of Decision (EU) 2015/1814.

Article 43

Costs of the auction process

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

The costs referred to in the second subparagraph shall be deducted from the auction proceeds payable to the auctioneers pursuant to Article 35(2) and (3).

The first subparagraph shall also apply to Member States that have not joined the joint action as provided in Article 26(1) within 6 months of the entry into force of the joint procurement agreement referred to in the first subparagraph of Article 26(5).

The first subparagraph shall not apply where a Member State joins the joint action as provided in Article 26(1) following the expiry of the appointment period referred to in Article 29(4), second subparagraph, or where a Member State uses the common auction platform to auction its share of allowances in the absence of a listing referred to in Article 29(6).

CHAPTER XV AUCTION SURVEILLANCE, REMEDIAL MEASURES AND SANCTIONS

Article 44

Monitoring of auctions

• (a) fair and open access;

• (b) transparency;

• (c) price formation;

• (d) technical and operational aspects of the implementation of the contract appointing the auction platform concerned;

• (e) the relationship between the auction processes and the secondary market in respect of the information referred to in points (a) to (d);

• (f) any evidence of anti-competitive behaviour, market abuse, money laundering, terrorist financing or criminal activity that the auction platform has been made aware of while carrying out its tasks pursuant to Article 27 or Article 30;

• (g) any breach of this Regulation or of Article 10(4) of Directive 2003/87/EC that the auction platform has been made aware of while carrying out its task pursuant to Article 27 or Article 30 of this Regulation;

• (h) follow-up to any information reported in accordance with points (a) to (g).

In addition, by 31 January of each year, the auction platform shall provide a summary and an analysis of the monthly reports of the previous year.

Article 45

Monitoring the relationship with bidders

• (a) scrutinising bids made throughout the course of that relationship to ensure that the bidding behaviour of bidders is consistent with the auction platform’s knowledge of the customer, its business and risk profile, including, where necessary, the source of funds;

• (b) maintaining effective arrangements and procedures for the regular monitoring of the compliance by persons admitted to bid pursuant to Article 18(3) and Article 19 with its market conduct rules;

• (c) monitoring transactions undertaken by persons admitted to bid pursuant to Article 18(3) and Article 19 and by politically exposed persons using its systems in order to identify breaches of the rules referred to in point (b) of this subparagraph, unfair or disorderly auctioning conditions or conduct that may invoke market abuse.

Where scrutinising bids in accordance with the first subparagraph, point (a), the auction platform shall pay particular attention to any activity which it regards as particularly likely, by its nature, to be related to money laundering, terrorist financing or criminal activity.

• (a) request any information of the bidder, pursuant to Article 18(3), Article 19(2) and Article 20(5) and (7), for the purposes of monitoring the relationship with that bidder following its admission to bid in the auctions, throughout the subsistence of that relationship and for a period of 5 years following the termination of its admission to bid;

• (b) require a bidder to re-submit an application for admission to bid at regular intervals;

• (c) require a bidder to promptly notify the auction platform concerned of any changes to the information submitted to it pursuant to Article 18(3), Article 19(2) and Article 20(5) and (7).

• (a) the application for admission to bid submitted by an applicant pursuant to Article 18(3) and Article 19(2), including any amendments thereto;

• (b) the checks carried out in:
• (i) processing the application for admission to bid submitted, pursuant to Articles 19, 20 and 21;
• (ii) scrutinising and monitoring the relationship with the bidder, pursuant to points (a) and (c) of paragraph 1;

• (c) all information relating to a given bid submitted by a given bidder in an auction, including any withdrawal or modification of such bid, pursuant to Article 6(3), second subparagraph, and Article 6(4);

• (d) all information relating to the conduct of each auction in which a bidder has submitted a bid.

Article 46

Notification of money laundering, terrorist financing or criminal activity

• (a) the customer due diligence measures referred to in Article 19(2), point (e), and Article 20(8) of this Regulation;

• (b) the obligation to refuse to grant admission to bid or to revoke or suspend any admission to bid already granted pursuant to Article 21(1) and (2) of this Regulation;

• (c) the monitoring and record keeping requirements set out in Article 45 of this Regulation;

• (d) the notification requirements set out in paragraphs 2 and 3.

The competent national authorities shall have the powers referred to in Article 48(2) and (3) of Directive (EU) 2015/849.

An auction platform may be held liable for infringements of paragraphs 2 and 3 of this Article and of Article 20(5) and (8), Article 21(1) and (2), and Article 45 of this Regulation. The sanctions and measures referred to in Articles 58 to 62 of Directive (EU) 2015/849 shall apply to such infringements.

• (a) informing the FIU, including by submitting to it a report, on their own initiative, where they know, suspect or have reasonable grounds to suspect that any funds in relation to the auctions are the proceeds of criminal activity or are related to terrorist financing, and by promptly responding to requests by the FIU for additional information in such cases;

• (b) providing the FIU directly, at its request, with all necessary information to fulfil its tasks.

All suspicious transactions, including attempted transactions, shall be reported.

Article 47

Notification of market abuse

Article 48

Maximum bid-size and other remedial measures

• (a) the same group of undertakings including any parent undertakings, its subsidiary undertakings and affiliate undertakings;

• (b) the same business grouping;

• (c) a separate economic unit having an independent power of decision where they are controlled, directly or indirectly, by public bodies or state-owned entities.

Article 49

Market conduct rules and other contractual arrangements

An auction platform shall be entitled to take any other action under its market conduct rules and other contractual arrangements in place, directly or indirectly, with any bidders admitted to bid in the auctions, provided that such action does not conflict with or undermine the provisions set out in Articles 44 to 48.

Article 50

Conduct rules for persons authorised to bid on behalf of others

• (a) persons authorised to bid pursuant to Article 18(2);

• (b) investment firms and credit institutions referred to Article 18(1), points (b) and (c).

• (a) they shall accept instructions from their clients on comparable terms;

• (b) they shall refuse to bid on behalf of a client if they have reasonable grounds to suspect money laundering, terrorist financing, criminal activity or market abuse, subject to national legislation transposing Articles 35 and 39 of Directive (EU) 2015/849;

• (c) they may refuse to bid on behalf of a client if they have reasonable grounds to suspect that the client is unable to pay for the allowances for which it is seeking to bid;

• (d) they shall enter into a written agreement with their clients, which shall not impose any unfair conditions or restrictions on the client concerned and which shall provide for all the terms and conditions relating to the services offered, including payment and delivery of the allowances;

• (e) they may require their clients to make a deposit by way of advance payment for allowances;

• (f) they may not unduly limit the number of bids that a client might submit;

• (g) they may not prevent or restrict their clients from engaging the services of other entities eligible pursuant to Article 18(1), points (b) to (e), and Article 18(2) to bid on their behalf in the auctions;

• (h) they shall pay due regard to the interests of their clients;

• (i) they shall treat clients fairly and without discrimination;

• (j) they shall maintain adequate internal systems and procedures to process requests from clients to act as agent in an auction and to be able to participate effectively in an auction, in particular with regard to the submission of bids on behalf of their clients, the collection of payments and collateral from their clients, and the transfer of allowances to their clients;

• (k) they shall prevent the disclosure of confidential information from the part of their business responsible for receiving, preparing and submitting bids on behalf of their clients to the part of their business responsible for preparing and submitting bids on their own account or to the part of their business responsible for dealing on their own account on the secondary market;

• (l) they shall keep records of information obtained or created in their role as intermediaries handling bids on behalf of their clients in the auctions, for five years from the date of obtaining or creating the information concerned.

The amount of the deposit referred to in the first subparagraph, point (e), shall be calculated on a just and reasonable basis and shall be set out in the agreements referred to in point (d) of that subparagraph. Any part of that deposit not used to satisfy payment for allowances shall be refunded to the client within a reasonable period after the auction as stated in the agreements referred to in the first subparagraph, point (d).

• (a) they shall provide any information requested by any auction platform where they are admitted to bid;

• (b) they shall act with integrity, reasonable skill, care and diligence.

• (a) they are of sufficiently good repute and sufficiently experienced as to ensure proper respect of the conduct rules provided for in paragraphs 2 and 3;

• (b) they have put in place the necessary processes and checks to manage conflicts of interest and to serve the best interests of their clients;

• (c) they comply with the requirements of Directive (EU) 2015/849;

• (d) they comply with any other measures deemed necessary having regard to the nature of the bidding services being offered and the level of sophistication of the clients in question in terms of their investor or trading profile as well as any risk-based assessment of the likelihood of money laundering, terrorist financing or criminal activity.

• (a) its competent national authorities have at their disposal investigative powers and sanctions that are effective, proportionate and dissuasive;

• (b) a mechanism is established for the handling of complaints and to allow its competent national authorities to prohibit the persons referred to in paragraph 1 from bidding on behalf of clients where those persons have seriously and systematically breached their obligations under paragraphs 2, 3 and 5.

CHAPTER XVI TRANSPARENCY AND CONFIDENTIALITY

Article 51

Publication

The following shall be published on a dedicated up-to-date auctioning website maintained by the auction platform concerned:

• (a) all legislation, guidance, instructions, forms, documents and announcements, pertinent to the auctions on the auction platform, including the auction calendar;

• (b) any other non-confidential information pertinent to the auctions on the given auction platform, including the list of persons admitted to bid in the auctions;

• (c) any decision, including any decision pursuant to Article 48, to impose a maximum bid-size and any other remedial measures necessary to mitigate an actual or potential discernible risk of money-laundering, terrorist financing, criminal activity or market abuse on the auction platform;

• (d) a list of the names and business addresses, business telephone numbers, business electronic mail addresses and business websites of all persons admitted to bid on behalf of others in auctions conducted by the auction platform.

Information referred to in the first subparagraph which is no longer relevant shall be archived. Such archives shall be accessible through the auctioning website referred to in that subparagraph.

Article 52

Announcement and notification of the auction results

• (a) the volume of the allowances auctioned;

• (b) the auction clearing price in euros;

• (c) the total volume of bids submitted;

• (d) the total number of bidders and the number of successful bidders;

• (e) in case of cancellation of an auction, the auctions to which the volume of allowances will be carried over;

• (f) the total revenue earned from the auction;

• (g) the distribution of the revenue between the Member States and the Funds referred to in Article 24, in the case of the common auction platform.

• (a) the total number of allowances to be allocated to that bidder;

• (b) which of its tied bids, if any, were randomly selected;

• (c) the payment due either in euros or in the currency of a Member State not member of the euro-zone, chosen by the bidder provided that the clearing system or settlement system is capable of handling the national currency in question;

• (d) the date by which the payment due must be paid in cleared funds into the auctioneer’s nominated bank account.

Article 53

Protection of confidential information

• (a) the contents of a bid;

• (b) the contents of any instructions to bid even when no bid is submitted;

• (c) information which discloses, or from which can be deduced, the identity of the bidder in question and either of the following:
• (i) the number of allowances which a bidder wishes to acquire in an auction;
• (ii) the price which a bidder is willing to pay for those allowances;

• (d) information about, or derived from, one or more bids or instructions to bid which either separately or collectively are likely to:
• (i) give an indication as to the demand for allowances prior to any auction;
• (ii) give an indication as to the auction clearing price prior to any auction;

• (e) information provided by persons in the framework of the establishment or maintenance of the relationship with bidders or in the framework of the monitoring of that relationship pursuant to Articles 19, 20, 21 and 45;

• (f) business secrets provided by persons participating in a competitive procurement process to appoint an auction platform;

• (g) information on the algorithm used for the random selection of tied bids, referred to in Article 7(1), second subparagraph;

• (h) information on the methodology to establish what constitutes an auction clearing price significantly under the prevailing secondary market price before and during an auction, referred to in Article 7(7).

• (a) has already lawfully been made available to the public;

• (b) is made public with the written consent of a bidder, a person admitted to bid, or a person applying for admission to bid;

• (c) is required to be disclosed or to be publicly available by Union law;

• (d) is made public pursuant to a court order;

• (e) is disclosed or made public for the purposes of any criminal, administrative, or judicial investigations or proceedings carried out in the Union;

• (f) is aggregated or redacted prior to its disclosure, so that it is unlikely that information relating to the following is discernible:
• (i) individual bids or instructions to bid;
• (ii) individual auctions;
• (iii) individual bidders, prospective bidders or persons applying for admission to bid;
• (iv) individual applications for admission to bid;
• (v) individual relationships with bidders;

• (g) is referred to in paragraph 1, point (f), provided that it is disclosed to persons working for Member States or the Commission involved in the competitive procurement process referred to in that point, who are themselves bound by an obligation of professional secrecy under their terms of employment;

• (h) is made public after the end of a period of 30 months starting from the following dates, subject to any subsisting professional secrecy obligations under Union law:
• (i) for information referred to in paragraph 1, points (a) to (d), the date of the opening of the bidding window of the auction in which the confidential information is first disclosed;
• (ii) for information referred to in paragraph 1, point (e), the date of the termination of the relationship with the bidder;
• (iii) for information referred to in paragraph 1, point (f), the date of submission of the information in the competitive procurement process.

• (a) the competent national authorities supervising an auction platform;

• (b) the competent national authorities responsible for investigating and prosecuting money laundering, terrorist financing, criminal activity or market abuse;

• (c) the Commission.

Confidential information exchanged under this paragraph shall not be disclosed to other persons than those referred to in the first subparagraph, points (a), (b) and (c).

Article 54

Language regime

Where a Member State provides, at its own cost, for the translation of all information referred to in paragraph 1 provided by the common auction platform, any Member State having appointed an opt-out auction platform shall also provide, at its own cost, for the translation into the same languages of all information referred to in paragraph 1 provided by that opt-out auction platform.

• (a) their applications for admission to bid, including any supporting documents;

• (b) their bids, including any withdrawal or modifications thereof;

• (c) any queries relating to point (a) or (b).

An auction platform may request a certified translation of the information referred to in the first subparagraph into a language customary in the sphere of international finance.

Where a Member State has decided to provide for a translation in accordance with paragraph 2 in the language referred to in the first subparagraph, all other oral or written communication by an auction platform to applicants for admission to bid, persons admitted to bid or bidders participating in an auction shall also be made in that language at no additional cost to the applicants, persons and bidders in question.

However, even where a Member State has decided to provide for a translation into the language referred to in the first subparagraph in accordance with paragraph 2, the applicant for admission to bid, the person admitted to bid or the bidder participating in an auction may waive its right under the second subparagraph of this paragraph by giving prior written consent for the auction platform concerned to use only a language customary in the sphere of international finance for communication referred to in that subparagraph.

Persons submitting a translation of a document referred to in paragraph 3 and any auction platform notifying a translated document under paragraph 4 shall ensure that it is an accurate translation of the original document.

CHAPTER XVII FINAL PROVISIONS

Article 55

Right of appeal

• (a) applicants for admission to bid, in particular persons whose application for admission to bid has been refused;

• (b) persons whose admission to bid has been revoked or suspended;

• (c) persons admitted to bid.

Article 56

Correction of errors

Article 57

Repeal

Article 58

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.

ANNEX I

Elements to be included in an application for admission to bid as referred to in Article 20(3)

• 1.Proof of eligibility pursuant to Article 18(1) or (2).

• 2.The applicant’s name, address, email, and telephone number.

• 3.The account identifier of the applicant’s nominated Union Registry account.

• 4.Full details of the applicant’s nominated bank account.

• 5.The name, address, and telephone number, as well as the electronic mail address of one or more representatives of the bidder as referred to in Article 6(3), second subparagraph.

• 6.For legal persons, proof of:

• (a) their incorporation stating the following:
• (i) the legal form of the applicant;
• (ii) the law by which the applicant is governed;
• (iii) whether or not the applicant is a publicly listed company of one or more recognised stock exchanges;

• (b) the registration number of the applicant in the relevant register where the applicant is registered or the memorandum, statutes or other document attesting its incorporation.

• 7.For legal persons and legal arrangements, such information as is required to identify the beneficial owner and understand the ownership and control structure of such legal person or arrangement.

• 8.For natural persons, proof of their identity, by means of an identity card, driving licence, passport or similar officially issued document containing the full name, photograph, date of birth and permanent residential address in the Union of the applicant concerned, supported by other appropriate corroborating documents wherever necessary.

• 9.Information required to carry out the customer due diligence measures referred to in Article 19(2), point (e).

• 10.The applicant’s latest audited annual report and accounts, including the profit and loss account and balance sheet or, in the absence of such report and accounts, a VAT return, or such additional information that is required to demonstrate the applicant’s solvency and creditworthiness.

• 11.The VAT registration number, if any, or, where the applicant is not registered for VAT, any other means for the tax authorities of the Member State where the applicant is established or of the Member State where the applicant is tax resident to identify the applicant, or such additional information that is required to demonstrate the applicant’s fiscal status within the Union.

• 12.A statement that, to the best of the applicant’s knowledge, the applicant complies with the requirements of Article 19(2), point (f).

• 13.Proof of compliance with the requirements of Article 19(2), point (g).

• 14.Proof of compliance with the requirements of Article 18(3).

• 15.A statement that the applicant has the necessary legal capacity and authority to bid on its own account or on behalf of others in an auction.

• 16.A statement that to the best of the applicant’s knowledge there is no legal, regulatory, contractual or any other impediment preventing it from performing its obligations under this Regulation.

• 17.A statement of whether the applicant proposes to pay in euros or in a currency of a Member State that is not part of the euro-zone, with an indication of the currency chosen.

ANNEX II

Template for the notification of voluntary cancellation by a Member State as referred to in Article 25(1)

	Notification pursuant to Article 12(4) of Directive 2003/87/EC
1.	Member State and public authority submitting the notification:
2.	Date of the notification:
3.	Identification of the closed electricity generation installation (‘installation’) on the territory of the Member State in accordance with the data recorded in the Union Registry, including the following:
(a)	The name of the installation:
(b)	The installation identifier from the Union Registry:
(c)	The name of the installation operator:
4.	The date of partial/full closure of the installation and revocation/modification of the greenhouse gas permit:
5.	Description and reference of the additional national measures that triggered the partial/full closure of the installation:
6.	The verified emission reports of the installation for the five years preceding the year of the partial/full closure:
7.	The maximum total volume of allowances to be cancelled:
8.	The period over which the allowances are to be cancelled:
9.	A description of the methodology that is to be used to determine the exact volume of allowances to be cancelled for the entire period in which cancellation takes place:

ANNEX III

List of opt-out auction platforms referred to in Article 29(6)

Auction platforms appointed by Germany

Auction platform	European Energy Exchange AG (EEX)
Legal Basis	Article 29(1)
Term of appointment	From 5 January 2024 at the latest for a maximum period of five years until 4 January 2029, without prejudice to Article 29(4), second subparagraph.
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 5 January 2024, EEX shall submit its exit strategy to Germany. The exit strategy shall be without prejudice to the obligations of EEX laid down in 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. Germany shall notify the Commission of any substantive changes in the relevant contractual relations with EEX notified to the Commission on 16 February 2023.

ANNEX IV

Correlation table

This Regulation	Regulation (EU) No 1031/2010
Article 1 to Article 2
Article 3(1)	Article 3(3)
Article 3(2)	Article 3(5)
Article 3(3)	Article 3(6)
Article 3(4)	Article 3(7)
Article 3(5)	Article 3(8)
Article 3(6)	Article 3(9)
Article 3(7)	Article 3(10)
Article 3(8)	Article 3(11)
Article 3(9)	Article 3(12)
Article 3(10)	Article 3(13)
Article 3(11)	Article 3(14)
Article 3(12)	Article 3(15)
Article 3(13)	Article 3(16)
Article 3(14)	Article 3(17)
Article 3(15)	Article 3(18)
Article 3(16)	Article 3(19)
Article 3(17) to Article 3(27)
Article 3(28)	Article 3(29)
Article 3(29)	Article 3(28)
Article 3(30)	Article 3(28a)
Article 3(31)	Article 3(30)
Article 3(32)	Article 3(31)
Article 3(33)	Article 3(32)
Article 3(34)	Article 3(33)
Article 3(35)	Article 3(34)
Article 3(36)	Article 3(35)
Article 3(37)	Article 3(36)
Article 3(38)	Article 3(37)
Article 3(39)	Article 3(38)
Article 3(40)	Article 3(39)
Article 3(41)	Article 3(40)
Article 3(42)	Article 3(41)
Article 3(43) to Article 3(44)
Article 4 to Article 5
Article 6(1) to Article 6(2)
Article 6(3), first subparagraph	Article 6(3), second subparagraph
Article 6(3), second subparagraph	Article 6(3), third subparagraph
Article 6(3), third subparagraph	Article 6(3), fourth subparagraph
Article 6(4) to Article 6(5)
Article 7(1), first subparagraph	Article 7(1)
Article 7(1), second subparagraph	Article 7(2), first subparagraph
Article 7(2)	Article 7(2), second subparagraph
Article 7(3) to Article 7(8)
Article 7(9)	Article 7(8), first subparagraph
Article 7(10), first subparagraph	Article 7(8), second subparagraph
Article 7(10), second subparagraph	Article 7(8), second subparagraph
Article 7(10), third subparagraph
Article 8(1) to Article 8(2)
Article 8(3), first subparagraph
Article 8(3), second subparagraph	Article 8(4), first subparagraph
Article 8(3), third subparagraph
Article 8(3), fourth subparagraph	Article 8(4), second subparagraph
Article 8(3) fifth subparagraph	Article 8(4), second subparagraph
Article 8(4), first subparagraph	Article 8(5), first and second subparagraphs
Article 8(4), second subparagraph
Article 8(4), third subparagraph	Article 8(5), third subparagraph
Article 9 to Article 10
Article 11	Article 12
Article 12	Articles 11 and Article 13
Article 13 to Article 15
Article 16(1)
Article 16(2)	Article 16(1a)
Article 16(3)	Article 16(2)
Article 16(4)	Article 16(3)
Article 17
Article 18(1), first subparagraph	Article 18(1)
Article 18(1), second subparagraph
Article 18(2)
Article 18(3)	Article 18(4) and Article 19(3)
Article 18(4)	Article 18(5)
Article 19
Article 20(1) to Article 20(5)
Article 20(6)	Article 20(7)
Article 20(7)	Article 20(8)
Article 20(8)	Article 20(9)
Article 20(9)	Article 20(10)
Article 21
Article 22(1) to Article 22(2)
Article 22(3)	Article 22(4)
Article 22(4)	Article 22(5)
Article 22(5)	Article 22(7)
Article 23
Article 24(1)
Article 24(2)	Article 24(1)
Article 24(3)
Article 24(4)	Article 24(2)
Article 25(1) to Article 25(2)
Article 25(3)	Article 25(2)
Article 25(4)	Article 25(3)
Article 26(1)
Article 26(2)	Article 26(3)
Article 26(3)	Article 26(4)
Article 26(4)	Article 26(5)
Article 26(5)	Article 26(6)
Article 27
Article 28, point (a) to point (b)
Article 28, point(c)	Article 29, point(d)
Article 28, point(d)	Article 29, point(f)
Article 28, point(e)	Article 29, point(g)
Article 29(1)
Article 29(2)	Article 30(3)
Article 29(3)	Article 30(4)
Article 29(4)	Article 30(5)
Article 29(5)	Article 30(6)
Article 29(6)	Article 30(7)
Article 29(7)	Article 30(8)
Article 30	Article 31
Article 31(1)	Article 32(1)
Article 31(2)	Article 32(2)
Article 31(3)	Article 32(4)
Article 31(4)	Article 32(5)
Article 32	Article 34
Article 33	Article 35
Article 34(1)	Article 36(1)
Article 34(2)	Article 36(2)
Article 34(3)	Article 36(4)
Article 34(4), first subparagraph	Article 36(5), first subparagraph
Article 34(4), second subparagraph	Article 36(3)
Article 34(4), third subparagraph	Article 36(5), second subparagraph
Article 35(1)	Article 44(1)
Article 35(2)	Article 44(2)
Article 35(3)	Article 44(3), first subparagraph
Article 35(4)	Article 44(3), second subparagraph
Article 36	Article 45
Article 37	Article 46
Article 38	Article 47
Article 39	Article 48
Article 40	Article 49
Article 41(1)	Article 50(1)
Article 41(2)	Article 50(3)
Article 42	Article 51
Article 43(1)	Article 52(1)
Article 43(2), first to third paragraph	Article 52(2), first to third subparagraph
Article 43(3)	Article 52(2), fourth subparagraph
Article 44	Article 53
Article 45	Article 54
Article 46	Article 55
Article 47	Article 56
Article 48	Article 57
Article 49	Article 58
Article 50(1)	Article 59(1)
Article 50(2)	Article 59(2)
Article 50(3)	Article 59(3)
Article 50(4)	Article 59(4)
Article 50(5), first subparagraph	Article 59(5)
Article 50(5), second subparagraph	Article 59(6), first subparagraph, first sentence
Article 50(6), first subparagraph, first sentence	Article 59(6), first subparagraph, second sentence
Article 50(7)	Article 59(7)
Article 50(8)	Article 59(8)
Article 51	Article 60
Article 52	Article 61
Article 53(1), point (a) to point (e)
Article 53(1), point (f)	Article 62(1), point (g)
Article 53(1), point (g)	Article 62(1), point (h)
Article 53(1), point (h)	Article 62(1), point (i)
Article 53(2)	Article 62(2)
Article 53(3), point (a) to point (e)
Article 53(3), point (f)	Article 62(3), point (g)
Article 53(3), point (g)	Article 62(3), point (i)
Article 53(3), first and second indents of point (h)	Article 62(3), first and second indents of point (j)
Article 53(3), third indent of point (h)	Article 62(3), fourth indent of point (j)
Article 53(4)	Article 62(4)
Article 53(5)	Article 62(5)
Article 53(6)	Article 62(6)
Article 53(7)	Article 62(7)
Article 54	Article 63
Article 55	Article 64
Article 56	Article 65
Article 57
Article 58	Article 66
Annex I	Annex II
Annex II	Annex I
Annex III
Annex IV

[^E0001]: Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

[^E0002]: Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

[^E0003]: Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).

[^E0004]: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).

[^E0005]: Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (OJ L 166, 11.6.1998, p. 45).

[^E0006]: Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422) (2003/361/EC) (OJ L 124, 20.5.2003, p. 36).

[^E0007]: Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).

[^E0008]: Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

[^E0009]: Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (OJ L 140, 28.5.2019, p. 6).

[^E0010]: Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, 8.12.2011, p. 1).

[^E0011]: Commission Delegated Regulation (EU) 2017/590 of 28 July 2016 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the reporting of transactions to competent authorities. (OJ L 87, 31.3.2017, p. 449).