Article 1Amendments to Regulation (EU) No 1031/2010
Regulation (EU) No 1031/2010 is amended as follows:
- (1)
in Article 3, the following point is added:
- ‘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).’;
- (a)
- ‘44.
- (2)
in Article 7, paragraph 7 is replaced by the following:
‘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:
‘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.