SECTION VI BALANCING MARKET SETTLEMENT
CHAPTER 23 BALANCING MARKET SETTLEMENT PROCEDURE
    1. The Balancing Market Settlement Procedure shall be implemented on a weekly basis. The Settlement Week W shall be defined as the time period between Monday, at 00:00 CET and the following Monday at 00:00 CET.

    2. The Initial Settlement for Settlement Week W shall be carried out according to the following timeline:

      a) By Thursday of week W+1, at 12:00 ΕΕΤ, the HETS Operator shall notify the Participants and Participants Subject to Deletion, as well as the Clearing House, regarding performance of their responsibilities pursuant to Article 18.5 of this Rulebook and Part 10 of Chapter 2 of the Rulebook on the Clearing of Balancing Market Positions, regarding the detailed results of the Initial Settlement.

      b) In cases where the Thursday referred to in point (a) of this paragraph is not the fourth business day of week W+1, the Participants and Participants subject to Deletion and the Clearing House shall be informed on the fourth business day.

    3. The Corrective Settlement for Settlement Week W shall be carried out according to the following timeline:

      a) By Monday of week W+8, at 12:00 CET, the HETS Operator shall inform the Participants and Participants Subject to Deletion of the results of the Corrective Settlement.

      b) The Participants and the Participants Subject to Deletion shall send any reasoned objections to the results of the Corrective Settlement to the HETS Operator within two working days of the date of their notification under point a).

      c) By Thursday of week W+8, at 12:00 ΕΕΤ, the HETS Operator shall inform the Participants, Participants Subject to Deletion and the Clearing House regarding the performance of their responsibilities pursuant to Article 18.5 of this Rulebook and Part 10 of Chapter 2 of the Rulebook on the Clearing of Balancing Market Positions, of the results of the Corrective Settlement, having taken into account the objections raised by the Participants and the Participants Subject to Deletion, and having made the necessary corrections.

      d) In cases where the Thursday referred to in point (c) of this paragraph is not the fourth business day of week W+8, the Participants and Participants subject to Deletion and the Clearing House shall be informed, every time, on the fourth business day.

    4. For the purposes of the Final Settlement, each year Y shall be divided into two “Half-Year Settlement Periods” as follows: The first Settlement Semester shall consist of twenty-six (26) Settlement Weeks starting from the first Monday, 00:00 CET, of year Y. The second Settlement Semester shall consist of the Settlement Weeks starting from the twenty-seventh (27th) Monday, 00:00 CET of year Y until the last Sunday of year Y, in the event that December 31 of year Y is a Sunday or the first Sunday of year Y+1, in the remaining cases 24:00 CET of year Y.

    5. The Final Settlement for the twenty-six (26) Settlement Weeks of the first Settlement Semester of Year Y shall be conducted in accordance with the following schedule:

      a) By the twenty-sixth (26th) Tuesday of year Υ+3, the Network Operators shall submit the final metered readings for Low Voltage Offtake Facilities and any corrections in metered readings for Medium Voltage Offtake Facilities they may have for the first Settlement Semester of year Υ to the HETS Operator.

      b) Between the twenty-seventh (27th) Thursday and the thirty-ninth (39th) Thursday of year Y+3, the HETS Operator shall notify the Participants and Participants Subject to Deletion of the Final Settlement results for the two Settlement Weeks of the first Settlement Semester of year Y, as appropriate.

      c) Within five (5) working days of the date of dispatch of the Final Settlement results specified in point (b) of this paragraph, the Participants and Participants Subject to Deletion shall send any reasoned objections to the Final Settlement for the Settlement Weeks of the first Settlement Semester of year Y for which it has been notified, to the HETS Operator in accordance with point (b) of this paragraph.

      d) From the twenty-ninth (29th) Thursday until the forty-second (42nd) Thursday of year Y+3, at 12:00 ΕΕΤ, the HETS Operator shall inform the Participants, the Participants Subject to Deletion, and the Clearing House regarding the performance of their responsibilities pursuant to Article 18.5 of this Rulebook and Part 10 of Chapter 2 of the Rulebook on the Clearing of Balancing Market Positions, of the results of the Final Settlement for the two Settlement Weeks of the first Settlement Semester of year Y as appropriate, after taking into account the objections of the Participants and the Participants Subject to Deletion and having made the necessary corrections.

      e) In cases where the Thursday referred to in point (d) of this paragraph is not the fourth business day of the week, the Participants and Participants subject to Deletion and the Clearing House shall be informed on the fourth business day.

    6. The Final Settlement for the twenty-six (26) or, if applicable, twenty-seven (27) Settlement Weeks of the second Settlement Semester of year Y, shall be conducted in accordance with the following schedule:

      a) By the fifty-second (52nd) Tuesday of year Υ+3, the Network Operators shall submit the final metered readings for Low Voltage Offtake Facilities and any corrections in metered readings for Medium Voltage Offtake Facilities they may have for the second Settlement Semester of year Υ to the HETS Operator.

      b) From the second (2nd) Thursday to the fourteenth (14th) Thursday of year Y+4, the HETS Operator shall inform the Participants and Participants Subject to Deletion of the Final Settlement results for the two Settlement Weeks of the second Settlement Semester of year Y as appropriate. In cases where the second Settlement Semester of year Y consists of twenty-seven (27) Settlement Weeks, on the fifteenth (15th) Thursday of year Y+4, the HETS Operator shall notify the Participants and the Participants Subject to Deletion of the results of the Final Settlement of the twenty-seventh (27th) Settlement Week of the second Settlement Semester of year Y.

      c) Within five (5) working days from the dates of dispatch of the Final Settlement results specified in point (b) of this paragraph, the Participants and Participants subject to Deletion shall send to the HETS Operator any reasoned objections to the Final Settlement for the Settlement Weeks of the second Settlement Semester of year Y for which it has been notified in accordance with point (b) of this paragraph.

      d) From the fourth (4th) Thursday until the sixteenth (16th) Thursday of year Y+4, at 12:00 EET, the HETS Operator shall inform the Participants and Participants subject to Deletion and the Clearing House about the execution of their responsibilities pursuant to Article 18.5 of this Rulebook and Part 10 of Chapter 2 of the Rulebook on the Clearing of Balancing Market Positions, of the results of the Final Settlement for two Settlement Weeks of the second Settlement Semester of year Y as appropriate, after taking into account the objections of the Participants and the Participants Subject to Deletion and having made the necessary corrections.

      In cases where the second Settlement Semester of year Y consists of twenty seven (27) Settlement Weeks, on the seventeenth (17th) Thursday of year Y+4, the HETS Operator shall inform the Participants, the Participants Subject to Deletion and the Clearing House regarding the performance of their responsibilities pursuant to Article 18.5 of this Rulebook and Part 10 of Chapter 2 of the Rulebook on the Clearing of Balancing Market Positions, of the results of the Final Settlement of the twenty-seventh (27th) Settlement Week of the second Settlement Semester of year Y, after taking into account the objections of the Participants and the Participants Subject to Deletion, and having made the necessary corrections.

      e) In cases where the Thursday referred to in point (d) of this paragraph is not the fourth business day of the week, the Participants and Participants subject to Deletion and the Clearing House shall be informed on the fourth business day.

    7. As part of the performance of Supplementary Settlements, the HETS Operator shall:

      a) make any necessary adjustment to or revision of the measurement data,

      b) make any necessary adjustment to or revision of the data resulting from any Dispute settlement,

      c) use updated or revised data submitted by the Energy Exchange or the Distribution Network Operators,

      d) use revised Balancing Service data.

    8. After the Final Settlement has been performed pursuant to the timetable of paragraphs 5 and 6 of this Article, corrections to settlement data or results may only be made if this is demanded for the purpose of enforcing a judicial decision or an arbitration award.

    9. Execution of a Corrective Settlement for a period and on a date not provided for in the time schedule of this Article, or in any case before the execution of the Final Settlement, or execution of another Settlement after the Final Settlement has been conducted, may only be carried out following a decision of the RAEWW subject to a duly justified application from a Participant or Participant Subject to Deletion, or Participants or Participants Subject to Deletion with a legitimate interest, if it is demonstrated that non-execution of the additional Corrective Settlement threatens the viability of the applicant. The request shall be submitted to the RAEWW and settlement shall be reiterated only after a decision is reached, and it shall be subject to the terms of thereof.

    10. In the cases referred to in paragraph 9 of this Article and if any amounts for debits or credits to persons who are no longer registered in the HETS Operator Registry arise, either as Participants or as Participants Subject to Deletion, then these amounts shall be allocated to the Balance Responsible Parties and Participants Subject to Deletion according to their former status as Balance Responsible Parties, pdepending on the metered absorption of their Offtake Facilities in the Interconnected System for Settlement Weeks W-11 to W-8 as of the Settlement Week when this settlement takes place:

      CHARGEp=AMOUNT×MQp,WSp(MQp,WS)

      where:

      WS

      The period between W-11 and W-8 starting from the Settlement Week when the settlement of these amounts takes place

      AMOUNT

      the amount of debits or credits to persons who are no longer registered in the HETS Operator Registry, either as Participants or as Participants subject to Deletion

      MQp,WS

      the absorption (calculated at the Transmission System/Distribution System Boundary) in MWh corresponding to the Offtake Facilities of the Interconnected System per Balance Responsible Party or Participant Subject to Deletion in their former capacity as a Balance Responsible Party, p, for period WS

      No corrections shall be made to the monetary sums allocated to the Balancing Responsible Parties and Participants Subject to Deletion in their former capacity as Balance Responsible Parties by reason of any revised data regarding the metered consumption 𝑀𝑄𝑝,𝑊𝑆 of their Offtake Facilities which was calculated in the execution of Final Settlements.

    11. Where amounts of debits or credits arise due to corrective settlements for voluntary energy exchanges under Article 50 of Regulation (EU) 2017/2195 and/or for involuntary energy exchanges under Article 51 of Regulation (EU) 2017/2195 for a period and on a date not provided for in the timeline of this Article, then the amounts of debits or credits shall be taken into account in the determination of the Required Balancing Market Revenue of the following calendar years.

    12. The time schedules referred to in this Article may be amended by way of exception in the event of a technical problem in the Balancing Market System or in the event of the unavailability of the necessary data as described in Article 18.4. The HETS Operator shall inform the Participants of the updated timeline in a timely and appropriate manner.

    1. Settlement of Non-Compliance Charges shall be carried out monthly. The Settlement months correspond to calendar months M, starting from the first day of the calendar month at 00:00 CET until the first day of the following calendar month at 00:00 CET.

    2. The initial Settlement of month M shall be carried out according to the following timeline:

      a) Within one week from the issuance of the Corrective Settlement for all weeks of month M, the HETS Operator shall inform the Participants and the Participants subject to Deletion of the non-Compliance Charges.

      b) Within the deadline of two (2) working days from the publication of the results of the non-Compliance Charges by the HETS Operator, the Participants and the Participants subject to Deletion shall submit to the HETS Operator any reasoned objections.

      c) Within five (5) working days following the submission of objections as of item (b), the HETS Operator shall inform the Participants and the Participants Subject to Deletion of the Settlement results for Non-Compliance Charges, having taken into account the objections raised by the Participants or Participants Subject to Deletion and having made the necessary corrections.

    3. The final Settlement of month M is realized in accordance with the following timeline:

      a) Within one week from the end of the corrective clearing of all weeks of month M, the HETS Operator shall inform the participants registered in the HETS Operator’s Registry and the Participants subject to Deletion of the Balancing Market Fee,

      b) The Participants and the Participants subject to Deletion shall send to the HETS Operator any justified objections within a period of two (2) working days from the notification of the Balancing Market Fee results by the HETS Operator.

      c) Within five (5) working days following the submission of objections as of item (b), the HETS Operator shall inform the Participants and the Participants Subject to Deletion of the Settlement results for Non-Compliance Charges, having taken into account the objections raised by the Participants or Participants subject to Deletion and having made the necessary corrections.

    4. The time schedules referred to in this Article may be amended by way of exception in the event of a technical problem in the Balancing Market System or in the event of the unavailability of the necessary data as described in Article 18.4. The HETS Operator shall inform the Participants of the updated timeline in a timely and appropriate manner.

    1. Settlement of the Balancing Market Fee is carried out on a monthly basis. Settlement months correspond to calendar months from the first day of the calendar month at 00:00 CET until the first day of the following calendar month at 00:00 CET.

    2. The initial Settlement of month M shall be carried out according to the following timeline:

      a) Within one week following the final Settlement of all weeks of month M, the HETS of Operator shall inform the registered Participants in the HETS registry as well as the participants under Deletion with regards to the Balancing Market Fee.

      b) Within the deadline of two (2) working days following the publication of the results with regards to the Balancing Market Fee from the HETS Operator the Participants and the Participants subject to Deletion shall submit to the HETS Operator any reasoned objections.

      c) Until the Thursday following the second item, the HETS shall inform the Participants, the Participants subject to Deletion and the Clearing House of the results of the Settlement of the Balancing Market Fee after having taken into account the objections of the Participants or the Participants subject to Deletion and has made the necessary corrections.

      d) The above results of the Settlement for each Participant and Participant subject to Deletion shall include the following:

      1. Amount corresponding to the Balancing Market Fee transactions relating to month M+2, which is equal to the settlement amount resulting for month M.

      2. The difference of the following:

        • The amount settled for the Balancing Market Fee relating to month M, as calculated on the Thursday of month M+2 in point (c) of this paragraph; and

        • The amount corresponding to the transactions of the Balancing Market Fee for month M, which was included in the Settlement Results issued in month M for the transactions of month M-2 in accordance to the timeline in items (a) to (c) of this paragraph.

      In cases where the Thursday referred to in point (c) of this paragraph is not the fourth business day of the week, the Participants and Participants subject to Deletion and the Clearing House shall be informed on the fourth business day, pursuant to the Clearing Rulebook for Balancing Market Positions.

    3. The final Settlement of month M is realized in accordance with the following timeline:

      a) Within one week of the end of the Final Settlement of all weeks of month M, the HETS Operator shall notify the Participants registered in the HETS Operator’s Registry and the Participants subject to Deletion regarding the Balancing Market Fee,

      b) Within a deadline of two (2) working days following the publication of the results regarding the Balancing Market Fee by the HETS Operator, the Participants and the Participants Subject to Deletion shall submit any duly justified objections to the HETS Operator.

      c) Until the Thursday following item (b), the HETS Operator shall inform the Participants, the Participants subject to Deletion as well as the Clearing House of the Settlement results for the Balancing Market Fee, taking into account the objections raised by the Participants or Participants subject to Deletion and having made the necessary corrections.

    4. The time schedules referred to in this Article may be amended by way of exception in the event of a technical problem in the Balancing Market System or in the event of the unavailability of the necessary data as described in Article 18.4. The HETS Operator shall inform the Participants of the updated timeline in a timely and appropriate manner.

    1. Settlement results notified to the Balancing Service Providers and the Participants subject to Deletion shall include, where applicable, the following information:

      a) The ID of the Balancing Service Provider,

      b) The Market Schedules of each Balancing Service Entity,

      c) The Baseline for each Dispatchable Load Portfolio in case a Dispatch Instruction is issued for the provision of Balancing Energy,

      d) The Baseline for each Dispatchable Intermittent RES Units Portfolio in case a Dispatch Instruction is issued for the provision of Balancing Energy,

      e) The Dispatch Instruction for each Balancing Service Entity per mFRR Unit of Time,

      f) The metered amount of energy of the Balancing Service Entity per Imbalance Settlement Period,

      g) The activated Balancing Energy for aFRR and mFRR of the Balancing Service Entity per Imbalance Settlement Period,

      h) The Balancing Capacity supplied by the Balancing Service Entity per Imbalance Settlement Period and per Balancing Capacity Type,

      i) The Imbalance and Imbalance Adjustment Quantities for the Balancing Service Entity per Imbalance Settlement Period,

      j) The debit or credit for Balancing Energy and Balancing Capacity to the Balancing Service Provider for the Balancing Service Entity per Imbalance Settlement Period,

      k) The debit or credit to the Balancing Service Provider for Imbalances of the Balancing Service Entity per Imbalance Settlement Period,

      l)  Any non-compliance Charge imposed on the Balancing Service Provider per sanction type and Imbalance Settlement Period.

    2. The Settlement results notified to the Balance Responsible Parties shall include the following details:

      a) The ID of the Balance Responsible Party,

      b) The Market Schedule of each Balance Responsible Entity represented by the Participant per Imbalance Settlement Period,

      c) The total amount of metered energy for all Balance Responsible Entities represented by the Balance Responsible Party per Imbalance Settlement Period,

      d) The Imbalance quantity of all Balance Responsible Entities represented by the Balance Responsible Party per Imbalance Settlement Period, and

      e) The debit or credit to the Balance Responsible Party for each Imbalance Settlement Period.

    1. The HETS Operator shall issue Participants and Participants Subject to Deletion with the necessary supporting invoice statements based on the results of Non-Compliance Charge Settlements for each month M, in accordance with 12 paragraph 2(c) and paragraph 3(c) of this Rulebook. The documents shall become overdue five (5) calendar days after the expiry of the deadline for their issue.

    2. In the event that a Participant or a Participant subject to Deletion defaults on its cash obligations for non-Compliance Charges, the HETS Operator shall take any action needed to collect the due payment with interest.

    3. Unless it is part of its responsibilities under this Article, the HETS Operator shall not be liable to the Participants, the Clearing Members or the Clearing House for covering any deficit in the non-Compliance Charges Account that is created due to a defaulting Participant or Participant subject to Deletion.