Persons who may submit bids directly in an auction
Article 15
Open ↗Only a person who is eligible to apply for admission to bid pursuant to Article 18 and is admitted to bid pursuant to Articles 19 and 20 may submit bids directly in an auction.
Source
Commission Delegated Regulation (EU) 2023/2830 CHAPTER IV — ACCESS TO AUCTIONS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Means of access
Article 16
Open ↗1. An auction platform shall provide for the means of accessing its auctions on a non-discriminatory basis. 2. Admission to the auctions shall not depend on membership or a participation in the secondary market organised by the auction platform or any other trading place operated by the auction platform or by a third party. 3. An auction platform shall ensure that its auctions can be accessed remotely by means of a web-based electronic interface accessible in a secure and reliable manner. It may also offer bidders the option of accessing its auctions through dedicated connections to the electronic interface. 4. In the event that the main means of access becomes inaccessible, an auction platform may offer on its own initiative or at the request of Member States, one or more alternative means of access to its auctions, provided that such alternative means of access are secure and reliable and their use does not lead to any discrimination between bidders.
Training and helpline
Article 17
Open ↗An auction platform shall offer a practical web-based training module on the conduct of its auction process, including guidance on how to complete and submit any forms and a simulation of how to bid in an auction. It shall also make available a helpline service accessible by telephone and electronic mail at least during the working hours of each trading day.
Persons eligible to apply for admission to bid
Article 18
Open ↗1. The following persons shall be eligible to apply for admission to bid directly in auctions: (a) an operator, an aircraft operator, a shipping company or a regulated entity having an operator account in the Union Registry which is opened in accordance with Delegated Regulation (EU) 2019/1122, bidding on its own account, including any parent undertaking, subsidiary undertaking or affiliate undertaking forming part of the same group of undertakings as the operator, the aircraft operator, the shipping company or the regulated entity; (b) investment firms authorised under Directive 2014/65/EU bidding on their own account or on behalf of their clients; (c) credit institutions authorised under Directive 2013/36/EU of the European Parliament and of the Council ( 22 ) bidding on their own account or on behalf of their clients; (d) business groupings of persons listed in point (a) bidding on their own account and acting as an agent on behalf of their members; (e) public bodies or state-owned entities of the Member States that control any of the persons listed in point (a). Operators, aircraft operators and shipping companies may only participate in the auctions of allowances referred to in Article 10 and 11, whereas regulated entities may participate only in the auctions referred to in Article 13, including when they use the services of entities referred to in paragraph 1, points (b) to (e), to bid on their behalf. 2. By way of derogation from paragraph 1, persons covered by the exemption in Article 2(1), point (j), of Directive 2014/65/EU and authorised pursuant to Article 50 of this Regulation shall be eligible to apply for admission to bid directly in the auctions either on their own account or on behalf of clients of their main business, provided that a Member State where they are established has enacted legislation enabling the relevant competent national authority in that Member State to authorise them to bid on their own account or on behalf of such clients. 3. Where the persons referred to in paragraph 1, points (b) and (c), and paragraph 2 bid on behalf of their clients, they shall ensure that all the following conditions are fulfilled: (a) their clients are eligible persons to apply for admission to bid directly pursuant to paragraphs 1 or 2; (b) they have, or will have in good time before the opening of the bidding window, adequate internal processes, procedures and contractual agreements necessary to: (i) enable them to process bids from their clients including submission of bids, collection of payment and transfer of allowances; (ii) prevent the disclosure of confidential information from the part of their business that is responsible for receiving, preparing and submitting bids on behalf of their clients to the part of their business that is responsible for preparing and submitting bids on their own account; (iii) ensure that their clients who are themselves bidding on behalf of their own clients in the auctions comply with the requirements set out in Article 19(2) and in this paragraph and that they require the same of their clients. Where there are further clients down the chain that are themselves bidding on behalf of their own clients, the directly preceding client shall require compliance with these requirements from the following client down the chain. The auction platform concerned shall be able to rely on checks carried out by the persons referred to in the first subparagraph of this paragraph, their clients, or the clients of their clients as provided for in this paragraph. Persons referred to in the first subparagraph of this paragraph shall be able to demonstrate to the auction platform, upon its request pursuant to Article 20(5), point (d), that the conditions set out in the first subparagraph of this paragraph, points (a) and (b), are fulfilled. 4. The following persons shall not be eligible to apply for admission to bid directly in auctions nor shall they participate in auctions through one or more persons admitted to bid pursuant to Articles 19 and 20, whether for their own account or on behalf of any other person, where they act with respect to the auctions in question as: (a) the auctioneer; (b) the auction platform including any clearing system and any settlement system connected to it; (c) persons who are in a position to exercise, directly or indirectly, significant influence over the management of the persons referred to in points (a) and (b); (d) persons working for persons referred to in points (a) and (b).
Requirements for admission to bid
Article 19
Open ↗1. Members of or participants in the secondary market organised by an auction platform that are persons referred to in Article 18(1) or (2) shall be admitted to bid directly in the auctions conducted by the auction platform concerned without any further admission requirements, provided that all the following conditions are fulfilled: (a) the requirements for admission of the member or participant to trade allowances on the secondary market organised by the auction platform are no less stringent than those set out in paragraph 2; (b) the auction platform receives any additional information necessary to verify the fulfilment of any requirements referred to in paragraph 2 that have not been previously verified. 2. Persons who are not members of or participants in the secondary market organised by an auction platform, and who are eligible persons pursuant to Article 18(1) or (2) shall be admitted to bid directly in the auctions conducted by an auction platform provided that they: (a) are established in the Union, or are an operator, an aircraft operator, a shipping company or a regulated entity; (b) hold a nominated Union Registry account; (c) hold a nominated bank account; (d) appoint at least one bidder’s representative as referred to in Article 6(3), second subparagraph; (e) satisfy the auction platform concerned, in line with applicable customer due diligence measures, as to their identity, the identity of their beneficial owners, integrity, business and trading profile having regard to the means of establishing the relationship with the bidder, the type of bidder, the nature of the auctioned product, the size of prospective bids and the means of payment and delivery; (f) satisfy the auction platform concerned of their financial standing, in particular, that they are able to meet their financial commitments and current liabilities as they fall due; (g) have in place, or are able to put in place when requested, the internal processes, procedures and contractual agreements necessary to give effect to a maximum bid-size imposed pursuant to Article 48; (h) fulfil the requirements set out in Article 40(1).
Submission and processing of applications for admission to bid
Article 20
Open ↗1. Before submitting their first bid directly through any auction platform, persons referred to in Article 18(1) or (2) shall apply to the auction platform concerned for admission to bid. By way of derogation from the first subparagraph, members of or participants in the secondary market organised by the auction platform concerned who fulfil the requirements set out in Article 19(1) shall be admitted to bid without applying to the auction platform concerned for admission to bid. 2. An application for admission to bid made under paragraph 1 shall be made by submitting a completed application form to the auction platform. The application form, and access to it through the internet, shall be provided and maintained by the auction platform concerned. 3. An application for admission to bid shall be accompanied by duly certified copies of all supporting documents required by the auction platform to show that the applicant satisfies the requirements set out in Article 18(3) and in Article 19(2). The auction platform may accept copies of documents that are not duly certified if it can reasonably assume that they are true copies of the originals. An application for admission to bid shall at least include the elements listed in Annex I. 4. An application for admission to bid, including any supporting documents, shall be made available, upon request, for inspection by the competent national law enforcement authorities of a Member State conducting an investigation referred to in Article 53(3), point (e), and any competent Union bodies involved in investigations conducted on a cross-border basis. 5. An auction platform may refuse to grant admission to bid in its auctions if the applicant refuses any of the following: (a) to comply with requests made by the auction platform for additional information or clarification or substantiation of information provided; (b) to provide oral explanations following an invitation made by the auction platform to interview any representative of the applicant; (c) to allow investigations or verifications requested by the auction platform, including on-site visits or spot-checks at the applicant’s business premises; (d) to comply with requests made by the auction platform for any information required from the applicant, the clients of an applicant or, where applicable, the clients of their clients as provided for in Article 18(3); (e) to comply with requests made by the auction platform for any information required to check compliance with the requirements set out in Article 19(2). 6. An application for admission to bid shall be deemed to be withdrawn if the applicant fails to submit information requested by an auction platform within a reasonable period of at least five trading days specified in the request for information made pursuant to paragraph 5, point (a), (d) or (e), or fails to cooperate in an interview or an investigation or verification referred to in paragraph 5, points (b) and (c). 7. An applicant shall not provide an auction platform with false or misleading information. An applicant shall notify the auction platform concerned fully, honestly and promptly of any changes in its circumstances that could affect its application for admission to bid in auctions conducted by that auction platform or any admission to bid already granted to it. 8. An auction platform shall decide on an application submitted to it and notify its decision to the applicant. The auction platform concerned may: (a) grant unconditional admission to bid in its auctions for a period not exceeding the term of its appointment, including any extension or renewal of that appointment; (b) grant conditional admission to bid in its auctions for a period not exceeding the term of its appointment, subject to fulfilment of certain specified conditions by a given date, which it shall duly verify; (c) refuse to grant admission to bid in its auctions.
Refusal, revocation or suspension of an admission to bid
Article 21
Open ↗1. An auction platform shall refuse to grant admission to bid in its auctions, or revoke or suspend any admission to bid already granted to any person who: (a) is not eligible to apply for admission to bid under Article 18(1) or (2); (b) does not meet the requirements set out in Articles 18 and 19, and, where applicable, Article 20; or (c) is wilfully or repeatedly in breach of this Regulation, the terms and conditions of the admission to bid in its auctions or any other related instructions or agreements. 2. An auction platform shall refuse to grant admission to bid in its auctions, or revoke or suspend any admission to bid already granted, if it suspects money laundering, terrorist financing, criminal activity or market abuse in relation to an applicant, provided that such refusal, revocation or suspension is unlikely to frustrate efforts by the competent national authorities to pursue or apprehend the perpetrators of such activities. In case of suspicions referred to in the first subparagraph, the auction platform concerned shall report to the Financial Intelligence Unit referred to in Article 32 of Directive (EU) 2015/849 (‘FIU’) in accordance with Article 46(2) of this Regulation. 3. An auction platform may refuse to grant admission to bid in its auctions, or revoke or suspend any admission to bid already granted, to any person: (a) who is negligently in breach of this Regulation, of the terms and conditions of the admission to bid in its auctions or of any other related instructions or agreements; (b) who has otherwise behaved in a manner that is prejudicial to the orderly or efficient conduct of an auction; or (c) who is referred to in Article 18(1), point (b) or (c), or Article 18(2) and has not bid in any auction during the preceding 220 trading days. 4. Persons referred to in paragraph 3 shall be notified of the refusal to grant admission to bid, or the revocation or suspension of the admission to bid, and be given a reasonable period, specified in the decision of refusal, revocation or suspension, to respond in writing. After considering the person’s written response, the auction platform concerned shall, if warranted: (a) grant or reinstate admission to bid with effect from a given date; (b) grant conditional admission to bid or conditional reinstatement of the admission to bid subject to fulfilment of certain specified conditions by a given date, which it shall duly verify; or (c) confirm the refusal to grant admission to bid, or the revocation or suspension of the admission to bid with effect from a given date. The auction platform shall notify the person in question of its decision under the first subparagraph, points (a), (b) and (c). 5. Persons whose admission to bid is revoked or suspended pursuant to paragraphs 1, 2 or 3 shall take reasonable steps to ensure that their removal from the auctions: (a) is orderly; (b) does not prejudice the interests of their clients or interfere with the efficient functioning of the auctions; (c) does not affect their obligations to comply with any payment provisions or any other related instructions or agreements; (d) does not compromise their obligations regarding the protection of confidential information set out in Article 18(3), point (b)(ii), which shall remain in force for 20 years following their removal from the auctions. The refusal, revocation and suspension referred to in paragraphs 1, 2 and 3 shall specify any measures needed to comply with this paragraph and the auction platform shall verify compliance with such measures.
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