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

+ (f) the same as in point 20(b) of Article 4(1) of Directive 2004/39/EC for the purposes of Article 28(4) and (5), Article 35(4), (5) and (6) and Article 42(1) of this Regulation;
+ 
+ 44. ‘exit strategy’ means one or more documents determined in accordance with the contracts appointing the auction monitor or the auction platform concerned, setting out detailed measures planned to ensure the following:
+ 
+ (a) the transfer of all tangible and intangible assets necessary for the uninterrupted continuation of the auctions and the smooth operation of the auction process by an auction platform’s successor;
+ 
+ (b) the provision to the contracting authorities or the auction monitor, or both, of all information relating to the auction process, that is necessary for the procurement procedure for the appointment of the auction platform’s successor;
+ 
+ (c) the provision to the contracting authorities, or the auction monitor or the auction platform’s successor, or any combination of these, of the technical assistance that enables the contracting authorities, or the auction monitor or the auction platform’s successor, or any combination of these, to…
− (f) the same as in point 20(b) of Article 4(1) of Directive 2004/39/EC for the purposes of Article 28(4) and (5), Article 35(4), (5) and (6) and Article 42(1) of this Regulation.
+ 
+ 7. Before an auction is started, the auction platform shall determine the methodology for the application of paragraph 6, after consulting the auction monitor and obtaining its opinion thereon and notifying the competent national authorities referred to in Article 56.
+ In between two bidding windows on the same auction platform, the auction platform concerned may modify the methodology after having consulted the auction monitor, obtained its opinion thereon, and notified the competent national authorities referred to in Article 56.
+ 
+ Where the auction monitor has not been appointed at least one month prior to the start of the auction concerned, the auction platform may apply the intended methodology without having obtained the auction monitor’s opinion.
− 7. Before an auction is started, the auction platform shall determine the methodology for the application of paragraph 6, after consulting the auction monitor and obtaining its opinion thereon and notifying the competent national authorities referred to in Article 56. The auction platform concerned …
+ The auction platform concerned shall take the utmost account of the auction monitor’s opinion.
− In between two bidding windows on the same auction platform, the auction platform concerned may modify the methodology after having consulted the auction monitor and notified the competent national authorities referred to in Article 56.
+ 
+ Where the auction monitor has not yet been appointed at least one month prior to the start of the auction concerned, the auction platform may proceed with the intended change of time.
+ 6. The auction monitor shall provide opinions pursuant to Articles 7(7) and 8(3), and as provided in Annex III. Opinions shall be delivered within a reasonable time.
− 6. Any opinions provided pursuant to Article 7(7) or 8(3) of this Regulation by the auction monitor shall form part of its functions pursuant to this Article.
+ 7. Clients of bidders referred to in paragraph 1 may direct any complaints that they may have with regard to compliance with the conduct rules provided for in paragraphs 2 and 3 to the competent authorities mentioned in paragraph 4 in accordance with the procedural rules laid down for the handling o…
− 7. Clients of bidders referred to in paragraph 1 may direct any complaints that they may have with regard to compliance with the conduct rules provided for in paragraph 2 to the competent authorities mentioned in paragraph 3 in accordance with the procedural rules laid down for the handling of such …
+ | **Auction platforms appointed by Germany** |  |  |
+ | --- | --- | --- |
+ | 1 | Auction Platform | European Energy Exchange AG (EEX) |
+ |  | Term of appointment | From 1 September 2012 at the earliest until at least 31 March 2013 and 31 December 2013 at the latest, without prejudice to the second subparagraph of Article 30(5). |
+ |  | Conditions | Admission to the auctions shall not be dependent on becoming a member of or a participant in the secondary market organised by EEX or of any other trading place operated by EEX or by any third party. |
+ |  | Obligations | Within two months from 1 September 2012, EEX shall submit its exit strategy to Germany for consultation of the auction monitor.Within two months from receiving the auction monitor’s opinion, EEX shall review its exit strategy, taking the utmost account of that opinion.Germany shal…
− | Auction Platform | Term of Appointment | Appointing Member State | Conditions | Obligations |
− | --- | --- | --- | --- | --- |
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