Commission Regulation (EU) 2017/2196Show full title

Article 39 Rules for settlement in case of suspension of market activities

1. By 18 December 2018, each TSO shall develop a proposal for rules for imbalance settlement and settlement of balancing capacity and balancing energy which shall be applicable for imbalance settlement periods during which the market activities were suspended. The TSO may propose the same rules it applies for normal operations.

The TSO shall publish these rules on its website following their approval by the relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC.

A TSO may delegate the TSO's tasks referred to in this Article to one or more third parties, provided that the third party can carry out the respective function at least as effectively as the TSO(s). A Member State or, where applicable, a regulatory authority, may assign the tasks referred to in this Article to one or more third parties, provided that the third party can carry out the respective function at least as effectively as the TSO(s).

2. The rules referred to in paragraph 1 shall address the settlements of TSO's and third parties, where relevant, with balance responsible parties, and balancing services providers.

3. The rules developed in accordance with paragraph 1 shall:

(a) ensure the financial neutrality of each TSO and relevant third party referred to in paragraph 1;

(b) avoid distortions of incentives or counterproductive incentives to balance responsible parties, balance service providers and TSOs;

(c) incentivise balance responsible parties to strive to be balanced or help the system to restore its balance;

(d) avoid any financial penalties imposed on balance responsible parties and balancing service providers due to the execution of the actions requested by the TSO;

(e) discourage TSOs from suspending market activities, unless strictly necessary, and incentivise TSOs to restore the market activities as soon as possible; and

(f) incentivise balance service providers to offer services to the connecting TSO that helps restore the system to normal state.