What changed, Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of…

− ### art_1
− Article 1
− ### art_2
− Article 2
− ### art_3
− Article 3
− | 1. | ‘futures’ means allowances auctioned as financial instruments, pursuant to Article 38(3) of Commission Regulation (EC) No 1287/2006 (10), for delivery at an agreed future date at the auction clearing price determined pursuant to Article 7(2) of this Regulation and upon which variation margin …
− | 2. | ‘forwards’ means allowances auctioned as financial instruments, pursuant to Article 38(3) of Regulation (EC) No 1287/2006, for delivery at an agreed forward date at the auction clearing price determined pursuant to Article 7(2) of this Regulation and upon which variation margin calls to refle…
− | 3. | ‘two-day spot’ means allowances auctioned for delivery at an agreed date no later than the second trading day from the day of the auction, pursuant to Article 38(2)(a) of Regulation (EC) No 1287/2006; |
− | 4. | ‘five-day futures’ means allowances auctioned as financial instruments, pursuant to Article 38(3) of Regulation (EC) No 1287/2006, for delivery at an agreed date no later than the fifth trading day from the day of the auction; |
− | 5. | ‘bid’ means an offer in an auction to acquire a given volume of allowances at a specified price; |
− | 6. | ‘bidding window’ means the time period during which bids may be submitted; |
− | 7. | ‘trading day’ means any day during which an auction platform and the clearing system or settlement system connected to it are open for trading; |
− | 8. | ‘investment firm’ means the same as in point (1) of Article 4(1) of Directive 2004/39/EC; |
− | 9. | ‘credit institution’ means the same as in Article 4(1) of Directive 2006/48/EC of the European Parliament and of the Council (11); |
− | 10. | ‘financial instrument’ means the same as in point (17) of Article 4(1) of Directive 2004/39/EC unless otherwise stated in this Regulation; |
− | 11. | ‘secondary market’ means the market in which persons buy or sell allowances either before or after they are allocated either free of charge or through auctioning; |
− | 12. | ‘parent undertaking’ means the same as in Articles 1 and 2 of Council Directive 83/349/EEC (12); |
− | 13. | ‘subsidiary undertaking’ means the same as in Articles 1 and 2 of Directive 83/349/EEC; |
− | 14. | ‘affiliate undertaking’ means an undertaking linked to a parent or subsidiary undertaking by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC; |
− | 15. | ‘control’ means the same as in Article 3(2) and (3) of Council Regulation No 139/2004 (13) as applied in the Commission’s Consolidated Jurisdictional Notice (14). Recital (22) of that Regulation and paragraphs 52 and 53 of that Notice shall apply for determining the notion of control for sta…
− | 16. | ‘auction process’ means the process encompassing the setting of the auction calendar, the procedures for admission to bid, the procedures for submission of bids, the conduct of the auction, the calculation and announcement of the auction results, the arrangements for payment of the price due…
− | 17. | ‘money laundering’ means the same as in Article 1(2) of Directive 2005/60/EC having regard to Article 1(3) and (5) of that Directive; |
− | 18. | ‘terrorist financing’ means the same as in Article 1(4) of Directive 2005/60/EC having regard to Article 1(5) of that Directive; |
− | 19. | ‘criminal activity’ means the same as in Article 3(4) of Directive 2005/60/EC; |
− | 20. | ‘auctioneer’ means any public or private entity appointed by a Member State, to auction allowances on its behalf; |
− | 21. | ‘nominated holding account’ means one or more type of holding account provided for in the applicable Commission regulation adopted pursuant to Article 19(3) of Directive 2003/87/EC for the purposes of participating in or conducting the auction process including the holding of allowances in e…
− | 22. | ‘nominated bank account’ means a bank account designated by an auctioneer, a bidder or its successor in title for the receipt of payments due under this Regulation; |
− | 23. | ‘customer due diligence measure’ means the same as in Article 8(1) of Directive 2005/60/EC having regard to Article 8(2) of that Directive; |
− | 24. | ‘beneficial owner’ means the same as in Article 3(6) of Directive 2005/60/EC; |
+ ## CHAPTER I / GENERAL PROVISIONS
+ ### Article 1 — Subject matter
+ ### Article 2 — Scope
+ ### Article 3 — Definitions
+ 1. ‘futures’ means allowances auctioned as financial instruments, pursuant to Article 38(3) of Commission Regulation (EC) No 1287/2006 (10), for delivery at an agreed future date at the auction clearing price determined pursuant to Article 7(2) of this Regulation and upon which variation margin call…
+ 2. ‘forwards’ means allowances auctioned as financial instruments, pursuant to Article 38(3) of Regulation (EC) No 1287/2006, for delivery at an agreed forward date at the auction clearing price determined pursuant to Article 7(2) of this Regulation and upon which variation margin calls to reflect p…
+ 3. ‘two-day spot’ means allowances auctioned for delivery at an agreed date no later than the second trading day from the day of the auction, pursuant to Article 38(2)(a) of Regulation (EC) No 1287/2006;
+ 4. ‘five-day futures’ means allowances auctioned as financial instruments, pursuant to Article 38(3) of Regulation (EC) No 1287/2006, for delivery at an agreed date no later than the fifth trading day from the day of the auction;
+ 5. ‘bid’ means an offer in an auction to acquire a given volume of allowances at a specified price;
+ 6. ‘bidding window’ means the time period during which bids may be submitted;
+ 7. ‘trading day’ means any day during which an auction platform and the clearing system or settlement system connected to it are open for trading;
+ 8. ‘investment firm’ means the same as in point (1) of Article 4(1) of Directive 2004/39/EC;
+ 9. ‘credit institution’ means the same as in Article 4(1) of Directive 2006/48/EC of the European Parliament and of the Council (11);
+ 10. ‘financial instrument’ means the same as in point (17) of Article 4(1) of Directive 2004/39/EC unless otherwise stated in this Regulation;
+ 11. ‘secondary market’ means the market in which persons buy or sell allowances either before or after they are allocated either free of charge or through auctioning;
+ 12. ‘parent undertaking’ means the same as in Articles 1 and 2 of Council Directive 83/349/EEC (12);
+ 13. ‘subsidiary undertaking’ means the same as in Articles 1 and 2 of Directive 83/349/EEC;
+ 14. ‘affiliate undertaking’ means an undertaking linked to a parent or subsidiary undertaking by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC;
+ 15. ‘control’ means the same as in Article 3(2) and (3) of Council Regulation No 139/2004 (13) as applied in the Commission’s Consolidated Jurisdictional Notice (14). Recital (22) of that Regulation and paragraphs 52 and 53 of that Notice shall apply for determining the notion of control for state-o…
+ 16. ‘auction process’ means the process encompassing the setting of the auction calendar, the procedures for admission to bid, the procedures for submission of bids, the conduct of the auction, the calculation and announcement of the auction results, the arrangements for payment of the price due, de…
+ 17. ‘money laundering’ means the same as in Article 1(2) of Directive 2005/60/EC having regard to Article 1(3) and (5) of that Directive;
+ 18. ‘terrorist financing’ means the same as in Article 1(4) of Directive 2005/60/EC having regard to Article 1(5) of that Directive;
+ 19. ‘criminal activity’ means the same as in Article 3(4) of Directive 2005/60/EC;
+ 20. ‘auctioneer’ means any public or private entity appointed by a Member State, to auction allowances on its behalf;
+ 21. ‘nominated holding account’ means one or more type of holding account provided for in the applicable Commission regulation adopted pursuant to Article 19(3) of Directive 2003/87/EC for the purposes of participating in or conducting the auction process including the holding of allowances in escro…
+ 22. ‘nominated bank account’ means a bank account designated by an auctioneer, a bidder or its successor in title for the receipt of payments due under this Regulation;
+ 23. ‘customer due diligence measure’ means the same as in Article 8(1) of Directive 2005/60/EC having regard to Article 8(2) of that Directive;
+ 24. ‘beneficial owner’ means the same as in Article 3(6) of Directive 2005/60/EC;
+ 25. ‘duly certified copy’ means an authentic copy of an original document that is certified as being a true copy of the original by a qualified lawyer, accountant, notary public or similar professional who is recognised under the national law of the Member State concerned to attest officially as to …
+ 26. ‘politically exposed persons’ means the same as in Article 3(8) of Directive 2005/60/EC;