1.

The following shall constitute confidential information: the contents of a bid; the contents of any instructions to bid even when no bid is submitted; information which discloses, or from which can be deduced, the identity of the bidder in question and either of the following: the number of allowances which a bidder wishes to acquire in an auction; the price which a bidder is willing to pay for those allowances; information about, or derived from, one or more bids or instructions to bid which either separately or collectively would be likely to: give an indication as to the demand for allowances prior to any auction; give an indication as to the auction clearing price prior to any auction; information provided by persons in the framework of the establishment or maintenance of the relationship with bidders or in the framework of the monitoring of that relationship pursuant to Articles 19, 20, 21 and 54; the auction monitor reports and opinions made pursuant to Article 25(1) to (6) except for the parts contained in any non-confidential versions of the auction monitor’s reports published by the Commission pursuant to Article 60(2); business secrets provided by persons participating in a competitive procurement process to appoint an auction platform or the auction monitor; information on the algorithm used for the random selection of tied bids, referred to in Article 7(2); information on the methodology to define what constitutes an auction clearing price significantly under the prevailing secondary market price before and during an auction, referred to in Article 7(6).

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Source: EUR-Lex (Cellar) · retrieved 2026-10-30 · Text as adopted (Official Journal); later amendments are not incorporated in this text.