Commission Regulation (EU) 2017/2196Show full title

Article 5 U.K. Consultation and coordination

1. Where this Regulation provides that a TSO shall consult concerned parties for actions it defines before real-time or in real-time, the following procedure shall apply:

(a) the TSO shall liaise with at least the parties identified in the Articles of this Regulation requiring consultation;

(b) the TSO shall explain the rationale and objective of the consultation and of the decision that it has to take;

(c) the TSO shall collect from the parties referred to in point (a) any relevant information and their assessment;

(d) the TSO shall duly take into account the views, situations and constraints of the parties consulted;

(e) before taking a decision, the TSO shall provide an explanation to the parties consulted of the reasons for following or not their views.

2. Where this Regulation provides that a TSO shall coordinate the execution of a set of actions in real-time with several parties, the following procedure shall apply:

(a) the TSO shall liaise at least with the parties identified in the Articles of this Regulation requiring real time coordination;

(b) the TSO shall explain the rationale and objective of the coordination and of the actions to be taken;

(c) the TSO shall make an initial proposal on actions to be taken by each party;

(d) the TSO shall collect from the parties referred to in point (a) any relevant information and their assessment;

(e) the TSO shall make a final proposal on actions to be taken by each party, duly taking into account the views, situations and constraints of the concerned parties and setting a deadline for parties to express their opposition to the actions proposed by the TSO;

(f) where the concerned parties do not oppose executing the actions proposed by the TSO, each party, including the TSO, shall execute the actions in line with the proposal;

(g) where one or more of the parties refuse the action proposed by the TSO within the set deadline, the TSO shall refer the action proposed to the relevant authority for decision, together with a justification of the rationale and objectives of the action proposed by the TSO and of the assessment and position of the parties;

(h) if real-time referral to the relevant authority is not possible, the TSO shall initiate an equivalent action that has the least or no impact on the parties that refused to execute the action proposed.

3. A party may refuse to execute real time actions proposed by the TSO under the coordination procedure described in paragraph 2 if it justifies that the proposed action would lead to the violation of one or more technical, legal, personal safety or security constraint(s).