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Joint procurements of the common auction platform and the auction monitor

Two joint procurement agreements between the Commission and the (participating) Member States have entered into force, one for the common auction platforms that will be used by 24 Member States and another for the auction monitor that will survey the auctions conducted on all auction platforms. These agreements lay down the rules under which the Commission and the Member States will conduct the joint procurement procedures. The procedures will be conducted in line with the rules in the Financial Regulation, which is the usual legal framework for procurement procedures carried out by the Commission.

On 24 March 2012, the Contract Notice for the call for tenders for a transitional common auction platform was published in OJ 2012/S 59-095297 and this Notice alone is authentic. It refers to the tender documents available on the tender page. The transitional common auction platform is to conduct auctions on a provisional basis; it is a temporary fall-back exempt from some of the provisions in the Auctioning Regulation.

The Commission and the Member States also started the preparations of the tender documents for procuring the auction monitor.

Member States' implementation of the Auctioning Regulation and draft tender documents

Member States may have to make changes to their national laws to implement certain articles of the Auctioning Regulation to make it possible for potential candidates to participate in the joint procurement procedure for the appointment of the common platform and perform the resulting contract. To ensure maximum transparency, equal treatment and allow for the broadest competition, the Commission published in the Official Journal a Notice on this matter.

You can find in the "Documentation" tab (see top of this page) the draft tender documents, of which the most recent are:

• Revised version of the draft Invitation to submit requests to participate in a restricted procedure for the joint procurement of an auction monitor (22 March 2012) [65 KB]
• Revised version of the draft Guide for candidates: Selection of candidates to be invited to submit a tender for the joint procurement of an auction monitor (23 April 2012) [697 KB]

The same page also contains a notice on contacts with economic operators. For third parties, the Commission shall be the sole point of contact for information concerning the joint procurement procedures. All relevant information will be given in due time and in full respect of the principle of non-discriminatory access to information.

Opt-out auction platforms for the third phase of the EU Emissions Trading System

Germany, Poland and the UK have decided to opt out of the planned common platform for auctioning emission allowances and, instead, appoint their own auction platform. Under the EU ETS Auctioning Regulation, once these Member States have determined the identity of their intended opt-out platforms and the details of the auctions to be conducted by them, they must notify their plans so that the Commission can verify that the platform satisfies the rules of the Regulation and the objectives of the ETS Directive. If this is the case, the Commission will submit a draft amendment of the Auctioning Regulation with a view to approving the platform.

On 9 March, Germany notified the Commission that it intends to appoint the European Energy Exchange AG (EEX) in Leipzig as its transitional opt-out auction. The Commission is currently assessing the notification.

Under the EU ETS Auctioning Regulation, once these Member States have determined the identity of their intended opt-out platforms and the details of the auctions to be conducted by them, they must notify their plans so that the Commission can verify that the platform satisfies the rules and objectives of the Regulation. If this is the case, the Commission will submit a draft amendment of the Auctioning Regulation with a view to approving the platform.

The deadline for submitting offers under the tender procedure launched by the UK has elapsed and the offers are currently under evaluation.

Poland intends to launch its tender procedure soon.