Structure and level of fees
1. The structure and level of fees as well as any related conditions applied by any auction platform and the clearing systems and settlement systems shall be no less favourable than comparable standard fees and conditions applied on the secondary market.
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.
2. An auction platform and the clearing systems and settlement systems may only apply fees, deductions or conditions explicitly set out in the contract appointing them.
3. All fees and conditions applied pursuant to paragraphs 1 and 2 shall be clearly stated, easily understandable and publicly available. They shall be itemised indicating each charge made for each type of service.
Costs of the auction process
1. The costs of the services provided for in Article 27(1) and Article 30 shall be borne by the bidders and paid for through fees.
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).
2. The terms and conditions of the joint procurement agreement referred to in Article 26(5), first subparagraph, or the contract appointing an auction platform pursuant to Article 26(1) may derogate from paragraph 1 of this Article by requiring Member States that have notified the Commission pursuant to Article 29(3) of their decision not to participate in the joint action as provided in Article 26(1), but subsequently make use of the common auction platform, to pay to the auction platform concerned, including the clearing systems or settlement systems connected to it, the costs of the services provided for in Article 27(1) related to the volume of allowances which that Member State auctions from the date when that Member State commences auctioning through the common auction platform until the termination or expiry of the term of appointment of that auction platform.
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).
3. The costs borne by the bidders in accordance with paragraph 1 shall be reduced by the amount of the costs borne by a Member State in accordance with paragraph 2.
