
Article 1 
Regulation (EU) No 1031/2010 is amended as follows:

((1)) in Article 3, the following point is added:
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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 understand, access or use the relevant information provided pursuant to points (a) and (b).';
((2)) in Article 7, paragraph 7 is replaced by the following:
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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.The auction platform concerned shall take the utmost account of the auction monitor’s opinion.';
((3)) in Article 8, paragraph 3, the following subparagraph is added:
'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.';
((4)) in Article 25, paragraph 6 is replaced by the following:
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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.';
((5)) Annex III is amended in accordance with the Annex to this Regulation.
Article 2 
In Article 59, paragraph 7 is replaced by the following:
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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 of such complaints in the Member State where the persons referred to in paragraph 1 are supervised.'.
Article 3 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 30 August 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX

In Annex III to Regulation (EU) No 1031/2010, the table is replaced by the following:
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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 shall notify the Commission of any substantive changes in relevant contractual relations with EEX.'
