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Commission Delegated Regulation (EU) 2023/2830 CHAPTER VI — AUCTIONING OF ALLOWANCES FOR FUNDS AND CANCELLATION OF ALLOWANCES

Article 24–Article 25 · 2 articles

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

Allowances to be auctioned for the Innovation Fund, the Modernisation Fund, the Recovery and Resilience Facility and the Social Climate Fund

Article 24

1.   The European Investment Bank (EIB) shall be the auctioneer for the allowances to be auctioned from 2021 pursuant to Article 10a(8) and (9), Article 10d and Article 10e of Directive 2003/87/EC on the common auction platform. Article 22(2), (3) and (4), Articles 23, 35 and 36 and Article 43(1) of this Regulation shall apply mutatis mutandis to the EIB. 2.   The EIB shall ensure that the auction proceeds from the allowances pursuant to Article 10a(8) and Article 10e of Directive 2003/87/EC are disbursed to an account notified to it by the Commission, at the latest 15 days following the end of the month within which the auction proceeds were generated. The EIB may deduct, prior to disbursement, any additional fees for holding and disbursing the auction proceeds, in accordance with the agreements concluded with the Commission pursuant to Article 20(3) of Commission Delegated Regulation (EU) 2019/856  ( 23 ) and Article 10e of Directive 2003/87/EC. 3.   The Commission shall be the auctioneer for the allowances to be auctioned pursuant to Article 10a(8b) and Article 30d(3) and (4) of Directive 2003/87/EC on the common auction platform. Article 22(2), (3) and (4), Articles 23, 35 and 36 and Article 43(1) of this Regulation shall apply mutatis mutandis to the Commission. 4.   The annual auction volumes of allowances referred to in paragraph 1 of this Article and in Article 10a(8b) of Directive 2003/87/EC shall be auctioned together with the respective annual volumes of allowances referred to in Article 10 of this Regulation in the auctions conducted by the common auction platform and shall be evenly distributed in accordance with Article 8(4), first subparagraph, of this Regulation.

Procedure for cancellation of allowances

Article 25

1.   A Member State that intends to cancel allowances from its total volume of allowances to be auctioned in the event of closure of the electricity generation capacity in its territory pursuant to Article 12(4) of Directive 2003/87/EC shall notify the Commission of its intention at the latest by 31 December of the calendar year following the year of the closure, using the template set out in Annex II to this Regulation. The Member State concerned shall notify to the Commission at the latest by 31 May of a given year the exact number of allowances to be cancelled in the period between 1 September and 31 December of that year. If the total volume of allowances to be cancelled in that period exceeds 5 million allowances, that volume shall be spread over the period between 1 September of that year and 31 August of the following year. The Member State concerned shall make its first notification under this subparagraph at the latest two years after the notification under subparagraph one. 2.   A Member State that does not intend to cancel allowances in the event of closure of the electricity generation capacity in its territory pursuant to Article 12(4) of Directive 2003/87/EC shall notify the Commission of its reasons for not cancelling such allowances within its reporting pursuant to Article 21 of that Directive. 3.   The volume of allowances to be cancelled pursuant to Article 12(4) of Directive 2003/87/EC shall be deducted from the volume to be auctioned by the Member State concerned as established pursuant to Article 10 of this Regulation after any adjustment made pursuant to Decision (EU) 2015/1814 during the periods referred to in paragraph 1, second subparagraph. 4.   The Commission shall publish the information provided by the Member States in accordance with Annex II, except for the reports referred to in point 6 of that Annex.

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