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Commission Delegated Regulation (EU) 2023/2830 CHAPTER XI — PAYMENT AND TRANSFER OF THE AUCTION PROCEEDS

Article 35–Article 36 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

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

Article 35

1.   Each successful bidder or its successors in title, including any intermediaries acting on their behalf, shall pay the sum due notified to it pursuant to Article 52(3), point (c), for the allowances won as notified to it pursuant to Article 52(3), point (a), by transferring that sum, or arranging for its transfer through the clearing system or settlement system, to the auctioneer’s nominated bank account in cleared funds at the latest upon delivery of the allowances into the bidder’s nominated Union Registry account or the nominated Union Registry holding account of its successor in title. 2.   An auction platform, including the clearing systems or settlement systems connected to it, shall transfer the payments made by the bidders or any successors in title arising from the auctioning of allowances referred to in Articles 10, 11 and 13 to the auctioneers that auctioned the allowances in question. 3.   Payments to the auctioneers shall be made in euros or in the currency of the appointing Member State where that Member State is not member of the euro-zone, at the option of the Member State concerned, regardless of what currency is used for the payments made by the bidders, provided that the clearing system or settlement system concerned is capable of handling the currency in question. 4.   The exchange rate shall be the rate published on a recognised financial newswire service specified in the contract appointing the auction platform concerned, immediately following the close of the bidding window.

Consequences of late or non-payment

Article 36

1.   A successful bidder, or its successors in title, shall only be delivered allowances notified to the successful bidder pursuant to Article 52(3), point (a), if the entire sum due notified to it pursuant to Article 52(3), point (c), is paid to the auctioneer pursuant to Article 35(1). 2.   A successful bidder, or its successors in title, that fails to meet its obligations under paragraph 1 of this Article in full by the due date notified to the successful bidder pursuant to Article 52(3), point (d), shall be in default of payment. 3.   A bidder in default of payment may be charged with either or both of the following: (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. 4.   Where a successful bidder is in default of payment one of the following shall also occur: (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. 5.   In the event of a failure of settlement, the allowances shall be auctioned at the next two auctions scheduled on the auction platform concerned.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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