(2)

Article 3 is amended a follows: (a) points (1) and (2) are deleted; (b) points (3) and (4) are replaced by the following: ‘3. “two-day spot” means allowances auctioned for delivery at an agreed date no later than the second trading day from the day of the auction; 4. “five-day futures” means allowances auctioned for delivery at an agreed date no later than the fifth trading day from the day of the auction;’; (c) points (8), (9) and (10) are replaced by the following: ‘8. “investment firm” means the same as in point (1) of Article 4(1) of Directive 2014/65/EU of the European Parliament and of the Council (*); 9. “credit institution” means the same as in Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (**); 10. “financial instrument” means the same as in point (15) of Article 4(1) of Directive 2014/65/EU; (*) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349)." (**) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).’;" (d) points (12), (13) and (14) are replaced by the following: ‘12. “parent undertaking” means the same as in Article 2(9) of Directive 2013/34/EU of the European Parliament and of the Council (*); 13. “subsidiary undertaking” means the same as in Article 2(10) of Directive 2013/34/EU; 14. “affiliate undertaking” means the same as in Article 2(12) of Directive 2013/34/EU; (*) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).’;" (e) points (17) to (19) are replaced by the following: ‘17. “money laundering” means the same as in Article 1(3) of Directive (EU) 2015/849 of the European Parliament and of the Council (*) having regard to Article 1(4) and (6) of that Directive; 18. “terrorist financing” means the same as in Article 1(5) of Directive (EU) 2015/849 having regard to Article 1(6) of that Directive; 19. “criminal activity” means the same as in Article 3(4) of Directive (EU) 2015/849; (*) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).’;" (f) point 21 is replaced by the following: ‘21. “nominated holding account” means one or more type of holding account provided for in the applicable delegated acts adopted pursuant to Article 19(3) of Directive 2003/87/EC for the purposes of participating in or conducting the auction process including the holding of allowances in escrow, pending their delivery under this Regulation;’; (g) points (23) and (24) are replaced by the following: ‘23. “customer due diligence measures” means the same as the customer due diligence measures in Article 13 of Directive (EU) 2015/849 and the enhanced customer due diligence measures in Article 18, Article 18a and Article 20 having regard to Articles 22 and 23 of that Directive; 24. “beneficial owner” means the same as in Article 3(6) of Directive (EU) 2015/849;’; (h) points (26), (27) and (28) are replaced by the following: ‘26. “politically exposed persons” means the same as in Article 3(9) of Directive (EU) 2015/849; 27. “market abuse” means the same as in Article 1 of Regulation (EU) No 596/2014 of the European Parliament and of the Council (*); 28. “insider dealing” means the same as in Article 8 of Regulation (EU) No 596/2014 and as prohibited by points (a) and (b) of Article 14 of that Regulation; (*) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1).’;" (i) the following point (28a) is inserted: ‘28a. “unlawful disclosure of inside information” means the same as in Article 10 of Regulation (EU) No 596/2014 and as prohibited by point (c) of Article 14 of that Regulation;’; (j) points (29) and (30) are replaced by the following: ‘29. “inside information” means the same as in Article 7 of Regulation (EU) No 596/2014; 30. “market manipulation” means the same as in Article 12 of Regulation (EU) No 596/2014 and as prohibited by Article 15 of that Regulation;’; (k) point (39) is replaced by the following: ‘39. “regulated market” means the same as in point (21) of Article 4(1) of Directive 2014/65/EU;’; (l) point (41) is deleted; (m) point(42) is replaced by the following: ‘42. “market operator” means the same as in point (18) of Article 4(1) of Directive 2014/65/EU;’; (n) in point (43), points (b) to (f) are replaced by the following: ‘(b) the same as in point (55)(a) of Article 4(1) of Directive 2014/65/EU taking into account the requirements of Article 5(4) of that Directive for the purposes of Article 18(2) of this Regulation; (c) the same as in point (55)(a) of Article 4(1) of Directive 2014/65/EU taking into account the requirements of Article 5(4) of that Directive for the purposes of Article 19(2) of this Regulation, in the case of persons referred to in point (b) of Article 18(1) of this Regulation; (d) the same as in point (43) of Article 4(1) of Regulation (EU) No 575/2013 for the purposes of Article 19(2) of this Regulation, in the case of persons referred to in point (c) of Article 18(1) of this Regulation; (e) the same as in point (55)(a) of Article 4(1) of Directive 2014/65/EU for the purposes of Article 19(2) of this Regulation in the case of business grouping referred to in point (d) of Article 18(1) of this Regulation; (f) the same as in point (55)(b) of Article 4(1) of Directive 2014/65/EU for the purposes of Article 35(4), (5) and (6) of this Regulation;’; (o) point (44) is replaced by the following: ‘44. exit strategy means one or more documents determined in accordance with the contracts appointing 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 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 of the technical assistance that enables the contracting authorities 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).’.