SECTION VI BALANCING MARKET SETTLEMENT
CHAPTER 22 NON-COMPLIANCE CHARGES
Article 22.2 Consequences of significant deviation from the Registered Characteristics
  1. In the event of deviations from the permitted activation profile, the HETS Operator shall impose a charge, on the respective Balancing Services Provider for the Imbalance Settlement Period t, which shall be equal to NCNPAPe,t and calculated as follows:

    NCNAPe,t=UNCNPAP×|DEV APe,t|

    where
    UNCNPAP  the unitary Non-Compliance Charge for significant deviation from the permitted activation profile in €/MWh,
    DEV APe,t the energy in MWh corresponding to the deviation from the permitted activation profile throughout the Imbalance Settlement Period t,

  2. The numerical value the unitary charge UNCNPAP, shall be determined by decision of the RAEWW, on the recommendations of HETS Operator. This decision shall be published at least two months prior to the implementation of the new values of the above parameters.