In the event that a delay of more than 30 minutes is detected by the HETS Operator during the commitment of a Balancing Service Entity, e, after receiving a relevant Dispatch Instruction, the HETS Operator shall impose a charge, 𝑁𝐶𝐷𝑆𝑒,𝑚 on the respective Balancing Service Provider. For purposes of calculating the above charge, a Balancing Service Entity shall be deemed to be committed when its generation is at least equal to the Entity's Technically Minimum Generation for at least two consecutive Balancing Service Periods, taking into account a tolerance limit, $TO{L}_{commit}$. The delay in commitment is calculated based on the synchronization time, the soak time declared in the Registered Characteristics and the thermal state of the Entity.

In case the commitment delay is longer than 30 minutes, the monthly 𝑁𝐶𝐷𝑆𝑒,𝑚 charge to the Balancing Service Entity, e, for month m is calculated as follows:

$NCD{S}_{e,m}=\sum _{n=1}^N[UNCDS\times NCA{P}_e\times {\left(N{P}_e\right)}^{k_{NP}}\times k_{BC}]$

where:

The numerical values of the unitary charge 𝑈𝑁𝐶𝐷𝑆C, the coefficients $k_{NP}$ and $k_{BC}$ the tolerance limit $TO{L}_{commit}$are determined by decision of the RAEWW, subsequent to the recommendations of the HETS Operator. This decision shall be published at least two months prior to the implementation of the new values of the above parameters.

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 $NCNPA{P}_{e,t}$ and calculated as follows:

$NCNA{P}_{e,t}=UNCNPAP\times \left|DEV A{P}_{e,t}\right|$

where
$UNCNPAP$  the unitary Non-Compliance Charge for significant deviation from the permitted activation profile in €/MWh,
$DEV A{P}_{e,t}$ the energy in MWh corresponding to the deviation from the permitted activation profile throughout the Imbalance Settlement Period t,

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.

In the event of a significant deviation during performance of a mFRR Test Instruction by a Balancing Service Entity 𝑒, that is, if the energy supplied by the Balancing Service Entity 𝑒 diverges significantly from the mFRR Test Instruction, the HETS Operator shall impose on the Balancing Service Entity e for the Imbalance Settlement Period, a 𝑡, monthly charge, which shall equal $NCTDINS{T}_{e,m}$.

A significant deviation is considered to be a deviation from the Test Dispatch Instruction for mFRR, taking into account the tolerance limits $TOLU{D}_{TDINST}$ and $TOLO{D}_{TDINST}$. The deviation $TDIDE{V}_{e,t}$ is calculated as follows:

1) For Dispatchable Generation Units and Non-Intermittent Dispatchable RES Units Portfolios:

1. If the Test Instruction involves activation of the Maximum Available Capacity or the awarded Balancing Capacity for upward mFRR, then:

   $TDIDE{V}_{e,t}=TDINS{T}_{e,t}-M{Q}_{e,t}$

2. If the Test Instruction involves activation of the Minimum Available Capacity or the awarded Balancing Capacity for downward mFRR, then:

   $TDIDE{V}_{e,t}=M{Q}_{e,t}-TDINS{T}_{e,t}$

2) For Dispatchable Load Portfolios:

1. If the Test Instruction involves activation of the allocated Balancing Capacity for upward mFRR:

   $TDIDE{V}_{e,t}=\left|TDINS{T}_{e,t}\right|-(b{l}_{e,t}-M{Q}_{e,t})$

2. If the Test Instruction involves activation of the allocated Balancing Capacity for downward mFRR:

   $TDIDE{V}_{e,t}=\left|TDINS{T}_{e,t}\right|-(M{Q}_{e,t}-b{l}_{e,t})$

3) For Dispatchable Intermittent RES Units Portfolios:

1. If the Test Instruction involves activation of the allocated Balancing Capacity for upward mFRR:

   $TDIDE{V}_{e,t}=\left|TDINS{T}_{e,t}\right|-(M{Q}_{e,t}-b{l}_{e,t})$

2. If the Test Instruction involves activation of the allocated Balancing Capacity for downward mFRR:

   $TDIDE{V}_{e,t}=\left|TDINS{T}_{e,t}\right|-(b{l}_{e,t}-M{Q}_{e,t})$

The monthly charge to the Balancing Service Entity, e, for month m shall be calculated as follows:
Αν $TDIDE{V}_{e,t}>0$ και $\left|TDIDE{V}_{e,t}\right|>TOLU{D}_{TDINST}\times TDINS{T}_{e,t}$, ή
Αν $TDIDE{V}_{e,t}<0$ και $\left|TDIDE{V}_{e,t}\right|>TOLO{D}_{TDINST}\times TDINS{T}_{e,t}$, τότε

$NCTDINS{T}_{e,m}=\sum _{t\in m}{A}_{TDI}\times B_{TDI}\times \left[\left|TDIDE{V}_{e,t}\right|\times UNCTDINST\right]$

where,

The numerical values of the unitary charge $UNCTDINST$, the coefficients $A_{TDI}$ and $B_{TDI}$ and the tolerance limits $TOLU{D}_{TDINST}$ and $TOLO{D}_{TDINST}$ are determined by decision of the RAEWW, subsequent to a recommendation from the HETS Operator. This decision shall be published at least two months prior to the implementation of the new values of the above parameters.

In the event of a significant deviation from a Dispatch Instruction for upward or downward Balancing Energy or Energy for purposes other than balancing when this is executed by a Balancing Service Entity 𝑒, that is, if the energy supplied by the Balancing Service Entity 𝑒 diverges significantly from the Dispatch Instruction, the HETS Operator shall impose a charge on the respective Balancing Service Provider for the Imbalance Settlement Period t, which shall be equal to $NCNPB{E}_{e,t}^{ }$ and shall be calculated as follows:

If $\left|DINS{T}_{e,t}-M{Q}_{e,t}\right|>\frac{1}{4}TO{L}_{BE,e}\times NCA{P}_{e,t}$ then:

$NCNPB{E}_{e,t}^{ }=UNCNPB{E}_{ }^{ }\times {{\rm A}}_{NPBE}\times \left|DINS{T}_{e,t}-M{Q}_{e,t}\right|$

where:

If during a month m, significant imbalances between the amount of energy measured at the energy meters represented by a Supplier p as a whole within a Market Time Unit and the corresponding Market Schedules of the same Supplier occur systematically, the HETS Operator shall impose a charge on the Supplier, which shall be equal to and shall be calculated on the basis of the total absolute deviation within month m $NBA{L}_{p,m}$  and the RMS value of deviations within month m. 

A significant imbalance is considered to be the normalized absolute deviation in month m, which exceeds the tolerance margin $TO{L}_{ld,ADEV}$  or the normalized RMS value of deviations in month m, which exceeds the tolerance margin$TO{L}_{ld,RMSDEV}$.

The deviation $DE{V}_{p,t}$ in each Market Time Unit t, the monthly absolute deviation $ADE{V}_{p,m}$ in month m, the normalized absolute deviation $NADE{V}_{p,m}$ in month m, the monthly RMS value of deviations $RMSDE{V}_{p,m}$ and the normalized RMS value in month m $NRMSDE{V}_{p,m}$, for Supplier p shall be determined as follows:

$DE{V}_{p,t} = M{S}_{pt} - M{Q}_{pt}$

$ADE{V}_{p,m} = \sum _{t\in m} \left|DE{V}_{p,t}\right|$

$NADE{V}_{p,m} = \frac{ADE{V}_{p,m}}{{\displaystyle \sum _{t\in m}}M{Q}_{p,t} }$

$RMSDE{V}_{p,m} = \sqrt{\sum _{t\in m} DE{V_{p,t}}^2}$

$NRMSDE{V}_{p,m} = \frac{RMSDE{V}_{p,m}}{{\displaystyle \sum _{t\in m}\left[{\left(M{Q}_{pt}\right)}^2\right] }}$

where:

The monthly charge to the Supplier p for the month m shall be calculated as the maximum amount of sanctions resulting from the monthly absolute deviation and the RMS values of deviations:

$NCBA{L}_{p,m} =$

$max \left(\begin{array}{c}\left(UNCBAL{R}_{ADEV} · ADE{V}_{p,m}\right) · \left(NADE{V}_{p,m} - TO{L}_{ld,ADEV}\right),\\ \left(UNCBAL{R}_{RMSDEV} · RMSDE{V}_{p,m}\right) · \left(NRMSDE{V}_{p,m} - TO{L}_{ld,RMSDEV}\right),\\ 0\end{array}\right)$

where:

The numerical values of the unitary charges $UNCBA{L}_{ADEV}$ and$UNCBA{L}_{RMDEV}$, and the tolerance limits $TO{L}_{ld,ADEV}$ and$TO{L}_{ld,RMSDEV}$, shall be determined by decision of the RAEWW, subject to a recommendation from the HETS Operator. The above tolerance limits may be expressed on the basis of the offtake $M{Q}_{pt}$ (calculated at the Transmission System/Distribution Network Boundary) in MWh corresponding to the Offtake Facilities of the Interconnected System per Supplier p for the Market Time Unit t. This decision shall be published at least two months prior to the implementation of the new values of the above parameters.

Non-Compliance Charges shall not be imposed on the Last Resort Provider and the Default Provider for significant systematic imbalances in demand and only for the demand they represent in this capacity.

The Market Time Units corresponding to Imbalance Settlement Periods during which a Dispatch Instruction was issued for Balancing Energy supply from a Dispatchable Load Portfolio shall be excluded from the above calculation, with the exception of Dispatchable Load Portfolios with pumped storage capability.

If significant imbalances occur in a Market Time Unit of month m between the amount of energy generated by Non-Dispatchable RES Units Portfolios and $NCBAL{R}_{p,m}$ Dispatchable Intermittent RES Units Portfolios and the corresponding Market Schedule of the Balance Responsible Party p, the HETS Operator shall impose a charge, which shall be equal to.

A significant imbalance is considered to have occurred in month m when the normalized absolute deviation of RES Units Portfolios in normal operation exceeds the tolerance margin $TO{L}_{r,ADEV}$ or the normalized RMS value of deviations of RES Units Portfolios in normal operation exceeds the tolerance margin $TO{L}_{r,RMSDEV}$, or the absolute normalized deviation of RES Units Portfolios in normal operation exceeds the tolerance margin $TO{L}_{r,DEV\_NORM}$.

The calculation of the monthly charge presupposes the definition of the following quantities:

$DE{V}_{p,t}^{NORM}=M{Q}_{p,t}^{NORM}-M{S}_{p,t}^{NORM}$

$ADE{V}_{p,m}^{NORM}=\sum _{t\in m}\left|DE{V}_{p,t}^{NORM}\right|$

$NADE{V}_{p,m}^{NORM}=\frac{ADE{V}_{p,m}^{NORM}}{{\displaystyle \sum _{t\in m}}M{Q}_{p,t}^{NORM}}$

$RMSDE{V}_{p,m}^{NORM}=\sqrt{\sum _{t\in m}\left[{\left(DE{V}_{p,t}^{NORM}\right)}^2\right]}$

$NRMSDE{V}_{p,m}^{NORM}=\frac{RMSDE{V}_{p,m}^{NORM}}{\sqrt{{\displaystyle \sum _{t\in m}}\left[{\left(M{Q}_{p,t}^{NORM}\right)}^2\right]}}$

$DE{V}_{p,m}^{NORM}=\left|\sum _{t\in m}DE{V}_{p,t}^{NORM}\right|$

$ANDE{V}_{p,m}^{NORM}=\frac{DE{V}_{p,m}^{NORM}}{{\displaystyle \sum _{t\in m}}M{Q}_{p,t}^{NORM}}$

where:

The monthly charge $NCBAL{R}_{p,m}$, corresponding to the Balance Responsible Party p for month m is calculated as follows:

$NCBAL{R}_{p,m}=NCBALR\_C{1}_{p,m}^{NORM}+NCBALR\_C{2}_{p,m}^{NORM}$

$NCBALR\_C{1}_{p,m}^{NORM} =$

$max \left(\begin{array}{c}\left(UNCBAL{R}_{ADEV}·ADE{V}_{p,m}^{NORM}\right)·\left(NADE{V}_{p,m}^{NORM}-TO{L}_{r,ADEV}\right),\\ \left(UNCBAL{R}_{RMSDEV}·RMSDE{V}_{p,m}^{NORM}\right)·\left(NRMSDE{V}_{p,m}^{NORM}-TO{L}_{r,RMSDEV}\right),\\ 0\end{array}\right)$

$NCBALR\_C{2}_{p,m}^{NORM} =$

$max \left(\begin{array}{c}(UNCBAL{R}_{DEV}·DE{V}_{p,m}^{NORM})\times (1-TO{L}_{r,DEV\_NORM}) \\ \epsilon \alpha \nu ANDE{V}_{p,m}^{NORM}>TO{L}_{r,DEV\_NORM}\\ 0 \epsilon \alpha \nu ANDE{V}_{p,m}^{NORM}\le TO{L}_{r,DEV\_NORM}\end{array}\right)$

where:

The numerical values of the unitary charges $UNCBAL{R}_{ADEV}$, $UNCBAL{R}_{RMSDEV}$ and $UNCBAL{R}_{DEV}$, as well as the numerical values of the tolerance limits $TO{L}_{r,ADEV}$ , $TO{L}_{r,RMSDEV}$, and $TO{L}_{r,DEV\_NORM}$ shall be determined by decision of the RAEWW, following a proposal by the HETS Operator and public consultation. The application of these values becomes effective two (2) months after the publication of the relevant RAEWW decision, unless otherwise stated therein.

For the Market Time Units that include Imbalance Settlement Periods during which a Dispatch Instruction was issued for Balancing Energy supply from Dispatchable Intermittent RES Units Portfolios, those Dispatchable Intermittent RES Units Portfolios shall be excluded from the calculation of Non-Compliance Charges for the corresponding Balance Responsible Party p.

No Non-Compliance Charges shall be imposed under this Article for production imbalances of RES Units Portfolios in Test Commissioning Operation or Test Operating Status or RES Units Portfolios without Market Participation Obligation represented in the Market by the Operator of Renewable Energy Sources & Guarantees of Origin (DAPEEP).

Until the date specified in the first paragraph of Article 2 of Ministerial Decision Ref. No YPEN/DAPEEK/25512/883 (Government Gazette, Series II, No 1020/27.03.2019), Non-Compliance Charges under this Article shall not be imposed on the Last Resort Aggregator exclusively for the RES Units it represents in this capacity.

In the event of systematic failure to attain a feasible Market Schedule, the HETS Operator shall impose a charge on the respective Participant for each Balancing Service Entity it represents, which shall be equal to $NCNAM{S}_{e,m}$ and shall be calculated as follows:

$NCNAM{S}_{e,m}=\left(1+A_{NAMS}\right)\times \sum _r\sum _{d\in m}\left(UNCNAM{S}_r\times V{Q}_{e,r,d}\right)$

where:
$UNCNAM{S}_r$ the unitary non-Compliance Charge for infeasible Market Schedule in €/MWh, which may vary depending on the cause of the infringement, r.
$A_{NAMS}$ a premium coefficient for the charge, which depends on the number of days within a month, when an infeasible Market Schedule is observed.
$V{Q}_{e,r,d}$ the quantity corresponding to the said infringement by the Balancing Service Entity, e, in MWh, the reason for the infringement, r, and the Dispatch Day d of the month m.

When calculating the quantity of the infringement, $V{Q}_{e,r,d}$, tolerance margins may be applied, $TO{L}_{r,e}$, which may vary depending on the cause of the infringement and the Balancing Service Entity category.

The numerical values of the unitary charges $UNCNAM{S}_r$, the charge increase adjustment factor $A_{NAMS}$ and the tolerance margins, $TO{L}_{r,e}$, shall be determined by decision of the RAEWW, subject to a recommendation from the HETS Operator. This decision shall be published at least two months prior to the implementation of the new values of the above parameters.

Details regarding the calculation of the infringement quantity $V{Q}_{e,r,d}$ for each Dispatch Day d are described in the “Infeasible Market Schedule Calculation Methodology”.

The balance of the Non-Compliance Charges Account, the proceeds of which are derived from the imposition of Non-Compliance Charges in accordance with this CHAPTER 22 Rulebook,is made available in accordance with the provisions of the HETS Grid Code and this Article, Article 18.7, CHAPTER 23,and CHAPTER 24 of this Rulebook CHAPTER 23 and the Rulebook on the Clearing of Balancing Market Positions or, where there is no Clearing House operating on the Balancing Market, in accordance with this Article, Article 18.7, CHAPTER 21, and CHAPTER 27, shall be used in order to cover:

a) any arrears of Clearing Members in accordance with paragraph 2 of this Article,

b) any deficit in coupled markets in relation to Cross-Border Physical Deliveries that correspond to imports and exports per coupled interconnection under the Single Day-Ahead Market Coupling, Intra-Day Auctions and Continuous Intra-Day Trading, as such deficit has been calculated in the results of the Single Day-Ahead Market Coupling, Intra-Day Auctions and Continuous Intra-Day Trading respectively, pursuant to paragraph 6 of this Article, and

c) any defaults of entities registered with the HETS Operator Registry in accordance to subsection 11.6 of the HETS Grid Code.

The part of the non-Compliance Charges Account that is used to cover Clearing Member defaults shall be the Pre-Funded Financial Resources, as defined in Article 14(3) of Law 4425/2016 and the Clearing Rulebook for Balancing Market Positions. The initial amount of Pre-Funded Financial Resources is set as a percentage (a%) of the available balance of the non-Compliance Charges Account and recalculated on a quarterly basis or ad hoc in cases where the resources have been used due to a Clearing Member's default. At the time of recalculation, the Pre-Funded Financial Resources shall be increased by a% of the total non-Compliance Charges which have been collected during the period since the previous calculation, taking also into account any income or costs for their management as well as any debits or credits arising from the management of the Clearing Member's default. The Pre-Funded Financial Resources as calculated above cannot be less than a% of the available balance of the non-Compliance Charges Account as the latter stands on the second (2nd) business day prior to the day of calculation. If they are less, the Pre-Funded Financial Resources shall be set at α% of the funds available on the non-Compliance Charges Account. The HETS Operator shall notify the Clearing House of the available balance of the non-Compliance Charges Account one (1) day prior to the day of recalculation. The Prefunded Financial Resources, as recalculated each time, shall be at the disposal of the Clearing House and shall be kept in an account held by the Clearing House with the Bank of Greece, with the HETS Operator named as beneficiary.

The percentage a% shall be initially set at 50%, which may be updated annually by decision of the RAEWW following a recommendation from the Clearing House and the HETS Operator.

The above shall apply accordingly even when no Clearing House operates in the Balancing Market.

Part of the non-Compliance Charges Account, which is defined as a percentage (b%) of the available balance of the non-Compliance Charges Account, is used to cover any deficit in coupled markets in relation to the Cross-Border Physical Deliveries that correspond to the imports and exports per coupled interconnection in the context of the Single Day-Ahead Market Coupling, the Intra-Day Auctions, and the Continuous Intra-Day Trading, as such deficit has been calculated in the results of the Single Day-Ahead Market Coupling, Intra-Day Auctions and Continuous Intra-Day Trading respectively, provided that any deficit cannot be sufficiently covered by the credit arising by any remuneration due to a failure of obligation fulfilment, as set out in the contract between the Shipping Agent and the HETS Operator, and the credit arising from the remaining balance in the Non-Compliance Charges Account held by the Energy Exchange, in accordance with the Day-Ahead & Intra-Day Markets Trading Rulebook. This percentage is re-calculated on a quarterly basis, or on an ad hoc basis, if it is used to cover any deficit. During re-calculation, the part of the non-Compliance Charges Account used to cover the aforementioned deficit may be increased by b% of the total non-Compliance Charges collected during the time period following the previous calculation, and possible income or management costs, as well as possible charges or credits arising from any imbalance management, are also taken into account.

Any surplus arising in accordance with the provisions of Article 18.7, paragraph 2 of this Rulebook is also considered Revenue attributable to the Non-Compliance Charges Account.

The percentage b% is initially set at 20%, and may be updated by decision of the RAEWW, subject to a recommendation from the HETS Operator and the Shipping Agent.

The remaining amount after the deduction of the a% and b% mentioned above is used to cover any defaults of entities registered with the HETS Operator Registry in accordance with subsection 11.6 of the HETS Grid Code.