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Commission Delegated Regulation (EU) 2023/2830 CHAPTER V — APPOINTMENT OF THE AUCTIONEER AND ITS TASKS

Article 22–Article 23 · 2 articles

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

Appointment of the auctioneer

Article 22

1.   Each Member State shall appoint an auctioneer. No Member State shall auction allowances without appointing an auctioneer. The same auctioneer may be appointed by more than one Member State. 2.   In good time prior to the start of the auctions, the auctioneer shall be appointed and it shall conclude and implement the necessary arrangements with the auction platform appointed or to be appointed, including any clearing system and settlement system connected to it, upon mutually agreed terms and conditions. 3.   A person working or acting for the Member State shall refrain from disclosing inside information to persons working for the 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 their employment, profession or duties and the Member State concerned is satisfied that the auctioneer has in place appropriate measures to prevent insider dealing or the unlawful disclosure of inside information by any person working for the auctioneer, in addition to the measures provided for in Article 18(8) and Article 19(10) of Regulation (EU) No 596/2014. 4.   The allowances to be auctioned on behalf of a Member State shall be withheld from the auctions where that Member State has not appointed an auctioneer or where the arrangements referred to in paragraph 2 have not been concluded or have not entered in force. 5.   In a timely manner after the appointment of its auctioneer, Member States shall notify the identity of its auctioneer and its contact details to the Commission which shall publish them on its website.

The auctioneer’s tasks

Article 23

The auctioneer shall carry out the following tasks: (a) auctioning of the volume of allowances to be auctioned by each Member State appointing it or for any fund or facility which is to be a recipient of the auction proceeds pursuant to Union law; (b) receipt of the auction proceeds due to each Member State appointing it or to any fund or facility referred to under point (a); (c) disbursement of the auction proceeds due to each Member State appointing it or to any fund or facility referred to under point (a).

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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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