The Federal Republic of Germany has notified the European Commission that it will re-appoint the European Energy Exchange AG (‘EEX’) as its opt-out platform. This reappointment is the result of a procurement procedure. Germany will entrust EEX with the auctioning of its volume of allowances pursuant to Article 30(1) of Regulation (EU) No 1031/2010 (‘the Auctioning Regulation’).
The second subparagraph of Article 30(7) of the Auction Regulation provides for the situation where a Member State had previously appointed its own opt-out auction platform and decides to appoint the same auction platform under the same conditions and obligations as per the listing already set out in Annex III of that Regulation. According to that provision, this listing continues to be valid where that Member State and the Commission confirm that the requirements of the Auctioning Regulation and the objectives of Article 10(4) of the ETS Directive are satisfied.
To this end, Germany has notified the Commission that it had re-mandated EEX as its opt-out auction platform under the same conditions in a tendering procedure and provided the Commission with all the information referred to in Article 30(6) of the Auctioning Regulation, as well as made available any relevant information with the other Member States.
The Commission reviewed that information and completed its assessment. The Commission confirms that the conditions of the new contract between Germany and EEX are comparable to the previous ones and that the validity of the platform already included in Annex III to the Auctioning Regulation can be extended.
The migration of the auctions at EEX from the current to the new mandate is expected to take place in January 2024. The 2024 auction calendar for Germany is expected to be published in Q4 2023.
