The Balancing Service Contract/Balance Responsible Party Contract may be dissolved by termination by one of the Parties, in accordance with the provisions of this Article. 

Each Balancing Service Provider / Balance Responsible Party is entitled to terminate the Balancing Service Contract / Balance Responsible Party Contract at any time. The Balancing Service Provider / Balance Responsible Party declares in writing, by serving a declaration by bailiff, its intention to terminate the Balancing Service Provider/Balance Responsible Party Contract, including its proposed last day of active participation. The HETS Operator shall accept the declaration within a period of thirty (30) days from the date of notification and shall determine the last day of active participation, having communicated with the RAEWW, the Energy Exchange, the Clearing House and/or the Network Operator, as applicable. From the day following the last active participation date and until the completion of all settlement arrangements provided for in this Rulebook or the HETS Grid Code or the Rulebook on Clearing of Balancing Market Positions for the period of active participation and the full and complete settlement of all of its liabilities arising from these obligations in accordance with this Rulebook, the Clearing Rulebook for Balancing Market Positions and the HETS Grid Code, the Balancing Service Provider/Balance Responsible Party shall be considered a Participant subject to Deletion. Specifically for Load Representatives, the condition for their status as a Participant subject to Deletion is the non-representation of load meters after their last day of active participation. In the event that no Clearing House is in operation on the Balancing Market, another condition for establishing the Participant's status as a Deleted Participant is the presentation of guarantees in accordance with the provisions of Article 25.5 and the ‘ Methodology for Calculating Balancing Market Participation Guarantees’. The HETS Operator may extend the above deadline for acceptance of the declaration until the required actions of the Network Operator or the HETS Operator, as the case may be, regarding the change in the representation of the load meters of the declaring Load Representative or the provision of guarantees, if required as mentioned above, have been completed. The Participant under Deletion shall not be entitled to assume any new rights or obligations in accordance with this Regulation or the HETS Grid Code. After the completion of all settlements provided for in this Regulation or the HETS Grid Code or the Clearing Rulebook for Balancing Market Positions for the period of active participation and after having verified the full and complete payment of all the liabilities of the Participant subject to Deletion arising from these settlements in accordance with this Rulebook, the Clearing Rulebook for Balancing Market Positions and the HETS Grid Code, the termination shall becomes effective, the Balancing Service Provider/Balance Responsible Party Contract is dissolved, and the HETS Operator shall then complete the deletion of the Participant from the HETS Operator Registry.

The HETS operator may terminate the Balancing Service Contract/Balance Responsible Party Contract in the following cases:

a) if the registered Balancing Service Provider/registered Balance Responsible Party does not meet the conditions for the lawful exercise of an electricity activity and/or the conditions for participation in the Balancing Market, or

b) if the registered Balancing Service Provider/registered Balance Responsible Party is in breach of its obligations against the Clearing House, or is subject to a measure on the basis of the Clearing Rulebook for Balancing Market Positions, and, in particular, to limitations regarding its participation in the Clearing of Positions and Cash Settlement procedures carried out by the Clearing House, to suspension of its capacity to act as a Clearing Member or deletion, or, in the event that no Clearing House operates in the Balancing Market, it hasn’t submitted guarantees in accordance with Article 25.5 of this Rulebook or it has financial obligations against the HETS Operator deriving from this Rulebook that have fallen due, or

c) if the registered Balancing Service Provider/registered Balance Responsible Party has not submitted guarantees for the charges foreseen in the HETS Grid Code or it has financial obligations against the HETS Operator deriving from the HETS Grid Code that have fallen due, or

d) if the registered Balancing Service Provider/registered Balance Responsible Party has lost the capacity to act as a Clearing Member or if is not on a contract with a General Clearing Member for the settlement of the cash claims and obligations it may have in accordance with the provisions in the Clearing Rulebook for Balancing Market Positions.

The HETS operator may terminate the Balancing Service Contract/Balance Responsible Party Contract in the following cases:

a) if the registered Balancing Service Provider/registered Balance Responsible Party repeatedly breaches its obligations under this Rulebook or the Balancing Service Contract / Balance Responsible Party Contract, or the HETS Grid Code, or

b) if the measure of deletion has been imposed on the registered Balancing Service Provider/registered Balance Responsible Party on the basis of the HeNEx Spot Trading Rulebook,

In the cases of paragraphs 3 and 4 of this Article, termination shall be notified in writing by a bailiff and shall enter into force and take effect as of the date of service thereof. 

The Balancing Service Contract/Balance Responsible Party Contract shall be dissolved ipso jure if the HETS Operator Transactions Contract provided for in the HETS Grid Code is terminated, upon termination by the HETS Operator in accordance with paragraphs 3 and 4 of subsection 1.5 of the HETS Grid Code. The Balancing Service Provider or the Balance Responsible Party shall automatically become a Participant subject to Deletion, in case they become Participants subject to Deletion in accordance with the provisions of the HETS Grid Code, following a declaration by the Participant in accordance with paragraph 2 of subsection 1.5 of the HETS Grid Code.

The termination of the Balancing Service Contract / Balance Responsible Party Contract with Self-Supplied customers or Consumers, whose facilities are connected to HETS, shall mean that electricity supply shall cease for these facilities. In the event of termination of the Balancing Service Contract/Balance Responsible Party Contract with Self-Supplied customers or Consumers, whose facilities are connected to the Distribution Network, the HETS Operator shall notify the competent Distribution Network Operator, in order to take the necessary action to interrupt power supply as provided for in the Distribution Network Operation Code.

The registered Balancing Service Provider/registered Balance Responsible Party whose Balancing Service Contract/Balance Responsible Party Contract is terminated, shall continue to be liable to the HETS Operator and the Clearing House, in accordance with the provisions of this Rulebook, the Clearing Rulebook for Balancing Market Positions and the HETS Grid Code, for obligations incurred prior to termination of the contract.

In the cases of paragraphs 3 and 4 of this Article, as of the termination of the Balancing Service Contract/Balance Responsible Party Contract and deletion from the HETS Operator Registry, all obligations of the deleted participant under this Rulebook shall become due and immediately payable.

The HETS Operator is required to notify termination or ipso jure dissolution of the Balancing Service Contract/Balance Responsible Party Contract or the placing of a Balancing Services Provider/Balance Responsible Party under the status of Participant subject to Deletion, to the RAEWW, the Energy Exchange, the Clearing House, the Distribution Network Operator and any other person deemed necessary, as soon as possible.