Participants must be eligible to bid according to EU rules(Article 18(1) and (2) Auctioning Regulation). Eligible under these rules are (see Eligibility Form):
(a) an operator, an aircraft operator, a shipping company or a regulated entity having an operator account in the Union Registry which is opened in accordance with Delegated Regulation (EU) 2019/1122, bidding on its own account, including any parent undertaking, subsidiary undertaking or affiliate undertaking forming part of the same group of undertakings as the operator, the aircraft operator, the shipping company or the regulated entity;
(b) investment firms authorised under Directive 2014/65/EU bidding on their own account or on behalf of their clients;
(c) credit institutions authorised under Directive 2013/36/EU of the European Parliament and of the Council (22) bidding on their own account or on behalf of their clients;
(d) business groupings of persons listed in point (a) bidding on their own account and acting as an agent on behalf of their members;
(e) public bodies or state-owned entities of the Member States that control any of the persons listed in point (a).
This means that any ETS operator or aviation operator is eligible to apply for admission to bid in the auctions, and so are their parent, subsidiary or affiliate undertakings. In addition, investment firms and credit institutions, authorised and regulated under EU law, may apply for admission to bid. Prior to their admission, foreign companies have to appoint an authorised agent with a registered office within the Federal Republic of Germany, such as EEX’s clearing house European Commodity Clearing (ECC).
Operators can also form business groupings to bid as an agent on theirbehalf. Additionally, according to §13 of EEX’s Trading Conditions, any exchange participant can request another registered person to bid on his/her behalf. According to Art. 6 (3) of the EU Auctioning Regulation, a registered person is a natural person established in the European Union. With respect to § 33 (4) of EEX’s Trading Conditions, the appointed intermediary is responsible for the customer’s eligibility and which needs to be confirmed by completion of the Eligibility Form.
Furthermore, EU rules provide for an additional category (investment firm status), namely intermediaries that benefit from an exemption from the authorisation requirements in EU law and have been authorised under rules laid down in the Auctioning Regulation. For example, this is relevant for intermediaries such as fuel traders, so they could easily add allowances to the products they offer to ETS operators.