SECTION I GENERAL PROVISIONS
      1. The Balancing Market is governed by the applicable law, including the principles and provisions of Laws 4001/2011 and 4425/2016 and Regulation (EU) 2017/2195, as in force each time.
      2. The Balancing Service Providers submit Balancing Energy Offers and Balancing Capacity Offers to the Balancing Market on behalf of the Balancing Service Entities they represent.
      3. In the context of the Balancing Market, the HETS Operator executes the Integrated Scheduling Process (ISP) for the commitment (synchronization) or de-commitment (desynchronization) of Balancing Service Entities and for the commitment of Balancing Capacity as described in SECTION IV of this Rulebook.
      4. The HETS Operator operates the Balancing Energy Market for the activation of Balancing Energy Offers for manual and automatic FRR and issues manual and automatic FRR Dispatch Instructions to Balancing Service Entities, as described in SECTION V of this Rulebook.
      5. The Balancing Market operates throughout the year, for each calendar day.
      1. The Balancing Market Rulebook is adopted in line with the provisions of Articles 17 and 18 of Law 4425/2016.

      2. The aim of the Balancing Market Rulebook is to define the terms and conditions for the operation of the Balancing Market and in particular to:

        a) designate the Participants in the Balancing Market and describe the relevant registration procedure.

        b) set out detailed rules and conditions under which Participants may participate in the Balancing Market, including their rights and obligations, and determine the procedures that shall apply to the settlement of disputes between the Participants and the HETS Operator,

        c) define the rights and obligations of the HETS Operator vis-à-vis the Participants in connection to their participation in the Balancing Market,

        d) describe the interface between the Balancing Market, the Day-Ahead Market and the Intra-Day Market, including the exchange of information between the Energy Exchange and the HETS Operator,

        e) set out detailed rules for the validation of Balancing Energy Offers and Balancing Capacity Offers by the HETS Operator,

        f) describe the input data, the operation, and the results of the Integrated Scheduling Process,

        g) describe the interface between the Integrated Scheduling Process and the Energy Balancing Market,

        h) describe the input data, the operation and the results of the Energy Balancing Market,

        i) define the accounts kept by the HETS Operator for the purposes of the Balancing Market Settlement,

        j) determine the penalties for the Participants in the event of non-compliance with the provisions of this Rulebook,

        k) define the Balancing Market Settlement procedure,

        l) define the procedure for exchanging information with other stakeholders,

        m) specify the reporting and monitoring obligations of the HETS Operator in relation to the Balancing Market, and

        n) define the procedures for the protection of commercially sensitive information.

      3. Unless otherwise defined, all capitalized terms used in this Rulebook shall have the meaning specified in Article 1.3 of this Rulebook. Unless otherwise defined, all capitalized terms used in this Rulebook shall have the meaning specified here ANNEX III in this Rulebook. Unless special reference is made, any reference to an Article, CHAPTER and ANNEX shall refer to the Articles, CHAPTERS and ANNEXES of this Rulebook.

      4. This Rulebook may be amended subsequent to a proposal from the HETS Operator, duly approved by the Regulatory Authority for Energy, Waste and Water (RAEWW), following public consultation conducted by the Authority which shall be published in the Government Gazette in accordance with the provisions of Article 17 (2)(p) of Law 4425/2016. The amendment process may also be instigated at the initiative of the RAEWW. The new text of the Rulebook, as amended each time, shall be published in a consolidated version on the website of the HETS Operator. The body of the consolidated text shall indicate the amendments, the conditions of validity thereof and any other point that facilitates public information. This codification is informal and shall under no circumstances supersede texts approved by RAE and published in the Government Gazette as indicated above.

      5. Any amendment to this Rulebook shall automatically govern the applicable Balancing Service Contract concluded between the HETS Operator and the registered Balancing Service Provider, and the applicable Balance Responsible Party Contract concluded between the HETS Operator and the registered Balance Responsible Party, without the need for the registered Balancing Service Provider / the Balance Responsible Party to take any action and without prejudice to the right of the registered Balancing Service Provider or the registered Balance Responsible Party to request the termination of the Balancing Service Contract or the Balance Responsible Party Contract, as stipulated in Article 4.4 of this Rulebook.

      6. The Balancing Market Rulebook may be supplemented by methodologies, parameters and other special approvals as foreseen therein as may be decided by the Regulatory Authority for Energy Waste and Water (RAEWW) subsequent to a proposal from the HETS Operator and duly published in the Government Gazette in accordance with Article 18(4) of Law 4425/2016.

      7. In view of the effective implementation of the provisions of the Balancing Market Regulation, the HETS Operator may issue Technical Decisions which regulate details in technical issues with non-regulatory content. The Technical Decisions shall be issued following public consultation and shall be posted on the website of the HETS Operator. The HETS Operator shall send drafts of the Technical Decisions to the RAEWW for submission for public consultation together with the approved Technical Decisions. In the event of any contradiction between the provisions of this Rulebook and the corresponding Technical Decisions, the provisions of this Rulebook shall prevail.

      8. Technical Decisions shall be amended by decision of the HETS Operator either on its own initiative, or at the request of the RAEWW or third parties with a legitimate interest, pursuant to the procedure of the preceding paragraph.

      9. The Participants shall be liable to the HETS Operator for the timely and full performance of their obligations under this Rulebook and for the completeness and accuracy of the information and data submitted to the HETS Operator. This liability includes any act or omission of their representative bodies, their servants, their agents and, in particular, of the persons they use for the performance of their obligations under this Rulebook.

      10. The HETS Operator shall not be liable to the Participants for the performance of the actions set out in this Rulebook, unless it has acted with malice or gross negligence. The HETS Operator shall take appropriate measures to prevent operational problems in the systems it manages and shall strive to restore faults or malfunctions as quickly as possible.

    • Apart from the definitions contained in the current legislation, and, in particular, in Law 4425/2016 and Law 4001/2011, in EU legislation, in the Day-Ahead & Intra-Day Markets Trading Rulebook, in the Clearing Rulebook for Balancing Market Positions and in the HETS Grid Code, the terms below, whether stated in the singular or plural, shall have the following meaning, for the purpose of implementation of this Rulebook.

      1. Energy Balancing Market: It shall have the meaning of Article 5(l) of Law 4425/2016, i.e., the market where Participants offer electricity, which is used by the HETS Operator to maintain the System frequency within a predetermined range, as well as the balance between electricity generation and demand, while observing the electricity exchange programs with neighbouring countries.

      2. Balancing Market: It shall have the meaning of Article 5(j) of Law 4425/2016, i.e., the Electricity Balancing Market, which includes the Balancing Capacity and Balancing Energy Markets and the Imbalance Settlement procedure.

      3. Day-Ahead Market: It shall have the meaning of Article 5(g) of Law 4425/2016, i.e., the Electricity Market, in which electricity purchase and sale transactions are performed with the obligation of physical delivery on the day ahead (Delivery Day) and in which the transactions performed on Energy Financial Instruments with physical delivery are declared.

      4. Balancing Capacity Market: It shall have the meaning of Article 5(k) of Law 4425/2016, i.e., the market in which capacity is offered to cover the System's reserve requirements, which (capacity) is retained by the Participants for a predetermined period of time.

      5. Market Time Unit: It shall have the meaning of Article 2(19) of Regulation (EU) 543/2013. i.e. the period for which the market price is established or the shortest possible common time period for the two bidding zones, if their market time units are different.

      6. Trading License: The license granted to carry out the activity of electricity trading.

      7. Production License: The license granted to carry out the activity of electricity generation.

      8. Supply License: The license granted to carry out the activity of electricity supply.

      9. RES Aggregator Licence: The licence issued for the purpose of representing producers or consumers of electricity in accordance with Article 13 of Law 4001/2011.

      10. Direct Clearing Member: The Clearing Member, as defined in the Clearing Rulebook for Balancing Market Positions, which participates in the clearing procedures of the Clearing House and is responsible for the fulfillment of obligations arising from the Positions it represents in accordance with the Clearing Rulebook for Positions on Balancing Market.

      11. Upward Balancing Energy: The Balancing Energy that corresponds to more generated energy or less consumed energy in relation to the Market Schedule.

      12. Balancing Capacity Offer Maximum Price: The upper limit on the pricing of Balancing Capacity Offers, which is imposed for technical reasons, in accordance with Article 11.2 of this Rulebook.

      13. Balancing Energy Offer Maximum Price: The upper limit on the pricing of Balancing Energy Offers, which is imposed for technical reasons, in accordance with Article 12.2 of this Rulebook.

      14. Safety Maximum Reservoir Level: The maximum level per reservoir, above which the owners of Dispatchable Hydro Generating Units connected to the Reservoir may submit mandatory hydro injection declarations for the above Units to avoid overflow.

      15. Force Majeure: It shall have the meaning referred to in Article 3.1 of this Rulebook.

      16. Imbalance: It shall have the meaning of Article 2(8) of Regulation (EU) 2017/2195, i.e., the energy volume calculated for a Balance Responsible Party and representing the difference between the allocated volume attributed to that Balance Responsible Party and the final position (Market Schedule) of that Balance Responsible Party, including any imbalance adjustment applied to that Balance Responsible Party, within a given Imbalance Settlement Period.

      17. Demand Response: This has the meaning ascribed to it in Article 2 (3)(41) of Law 4001/2011, that is, the changes in electrical load by end customers compared to their regular or current consumption habits, based on market signals, including the response to fluctuating electricity prices or economic incentives, or the response following the acceptance of an offer by the end customer, either individually or through aggregated representation, with the aim of selling the reduction or increase in demand at a given price in organized markets, as determined in Article 2(4) of the implementing Regulation (EU) 1348/2014 of 17 December 2014 ‘on the reporting of data for the implementation of Article 8(2) and (6) of Regulation (EU) 1227/2011 of the European Parliament and of the Council on the integrity and transparency of the wholesale energy market’ (L 363).

      18. Initial Settlement: It shall have the meaning of Settlement specified in Article 23.1(2) of this Rulebook.

      19. Auto-producer: This has the meaning attributed to it under Article 2(3)(e) of Law 4001/2011, i.e., the producer that generates electricity mainly for its own use and injects any surplus energy into the Transmission System or the Distribution Network.

      20. Self-Supplied customer: It shall have the meaning of Article 2(3)(o) of Law 4001/2011, that is, the market participant that chooses to purchase energy directly from the Energy Markets for their own exclusive use.

      21. Automatic Generation Control (AGC): The automatic load-frequency control procedure, which aims to reduce the frequency restoration control error to zero in accordance with the provisions of Regulation (EU) 2017/1485.

      22. RES Producer Certificate: The certificate provided for in Law 4685/2020.

      23. Soak Trajectory: This is the generation profile of the unit during the soaking phase, between the synchronization state and minimum generation state of each Dispatchable Generation Unit, which is determined in steps according to the Integrated Scheduling Process (ISP) Technical Decision. A different soak trajectory is determined for each start-up state (cold, warm, hot). It is expressed in MW.

      24. General Clearing Member: The Clearing Member, as defined in the Clearing Rulebook for Balancing Market Positions, which participates in the settlement procedures of the Clearing House and is responsible for the fulfillment of obligations arising from the Balancing Market Positions of contracted Participants or the HETS Operator in accordance with the above Rulebook.

      25. Declared Characteristics: The characteristics defined as a combination of the following technical and operational elements of the Balancing Service Entity and constitute the actual technical capacity of the Balancing Service Entity for a specific Dispatch Period and Dispatch Day: (a) Registered Characteristics, (b) Techno-Economic Declaration, (c) Non-Availability Declaration (total or partial), and (d) Major Outage Declaration.

      26. Major Outage Declarations: The declarations submitted by the Balancing Service Providers pursuant to Article 10.7 of this Rulebook.

      27. Non-Availability Declarations: The declarations submitted by Balancing Service Providers pursuant to Article 10.6 of this Rulebook for each Dispatch Day during which the Available Capacity for a Balancing Service Entity is reduced.

      28. Techno-Economic Declarations: The declarations submitted by Balancing Service Providers for each Dispatch Day pursuant to Article 10.3 of this Rulebook regarding the Techno-economic data of the Balancing Service Entities they represent.

      29. Integrated Scheduling Process (ISP): It shall have the meaning of Article 2(19) of Regulation (EU) 2017/2195, i.e., an iterative process that uses at least integrated scheduling process bids that contain commercial data, complex technical data of individual power generating facilities or demand facilities and explicitly includes the start-up characteristics, the latest control area adequacy analysis and the operational security limits as an input to the process.

      30. Inter-Zonal Corridor: A virtual link between two Bidding Zones, which is used to model the flow between the Bidding Zones.

      31. Available Capacity: The capacity of the Balancing Service Entity as per Article 10.2 of this Rulebook.

      32. Automatic Frequency Restoration Reserve (aFRR) Cross-Border Clearing Price: This is the clearing price sent by the European aFRR Platform, as set out in the Decision of the Agency for the Cooperation of Energy Regulators (ACER) on the ‘Methodology for pricing Balancing Energy and Cross-Zonal Capacity used for the exchange of Balancing Energy or operating the imbalance netting process’ and adopted pursuant to Article 30 of Regulation (EU) 2017/2195.

      33. RES and Guarantees of Origin Operator (DAPEEP): The public limited company provided for in Article 118 of Law 4001/2011.

      34. Settlement or Cash Settlement: The process implemented by the Clearing House for the fulfillment of cash obligations and the collection of the corresponding claims from the Clearing of Positions in accordance with this Rulebook and the terms of the Clearing Rulebook for Balancing Market Positions.

      35. Distribution Network Operator: It shall have the meaning of Article 2(3)(j) of Law 4001/2011, that is, any natural or legal person who is responsible for k) the operation, maintenance, and provision of access to customers and producers connected to it, as well as the development, if necessary, of the distribution network in a given area and its interconnections with other distribution networks and transmission systems, and l) the long-term capacity of the network to meet reasonable demand for electricity distribution services. Where reference is made to Distribution System Operator, it means the Distribution Network Operator and vice versa.

      36. Hellenic Electricity Distribution Network Operator (HEDNO): The public limited company provided for in Article 123 of Law 4001/2011.

      37. HETS Operator: The public limited company provided for in Article 97 of Law 4001/2011.

      38. Corrective Settlement: It shall have the meaning of Settlement specified in Article 23.1(3) of this Rulebook.

      39. aFRR Correction Signal: An energy signal in MW sent from the European aFRR Platform to the HETS Operator concerning necessary adjustments to the local aFRR requirement in accordance with the Platform's results.

      40. Test Dispatch Instruction: The instruction for activation of a Manual FRR issued by the HETS Operator to the Balancing Service Entities, whenever necessary and without prior notice, by which the Maximum Available Capacity and the ability of the Entities to provide full reserves in accordance with their Registered Characteristics can be certified.

      41. Testing operation: The status of a Balancing Service Entity, which is registered with the HETS Operator Registry, during tests or operational controls.

      42. Commissioning operation: The status of a pre-registered Balancing Service Entity in the course of the tests or operational controls that are conducted for its connection to the HETS, as set out in the connection contract and the relevant provisions of the HETS Grid Code, so that it can be registered with the HETS Operator Registry.

      43. Demand Facility: It shall have the meaning of Article 2(1) of Regulation (EU) 2016/1388, that is, a facility which consumes electricity and is connected at one or more connection points to the transmission or distribution system. A distribution system and/or auxiliary supplies of a power generating facilities do not constitute a demand facility.

      44. Offtake Facility: The Demand Facilities and auxiliary supplies of power generating modules.

      45. Imbalance Settlement: It shall have the meaning of Article 2(9) of Regulation (EU) 2017/2195, i.e., a financial settlement mechanism for charging or paying Balance Responsible Parties for their Imbalances

      46. Clearing of Positions: The processes of notification of Positions by the HETS Operator to the Clearing House and their finalization by the Clearing House, calculation of net cash obligations and claims arising from the Positions, valuation of collateral, calculation and coverage of Margin requirements, as well as the announcement of Clearing results to Clearing Members, management of the Clearing Capital, management of cases of defaulting Clearing Members and any other similar issue in relation to credit risk management as set out in the Clearing Rulebook for Balancing Market Positions.

      47. Balancing Market Settlement: The transparent calculation of the quantities of Balancing Energy and Balancing Capacity and the relevant Imbalances, and the calculation of the monetary value of the debits and credits to Participants, as detailed in Article 18.2 of this Rulebook.

      48. Clearing Member: An undertaking, as defined in the Clearing Rulebook for Balancing Market Positions, which participates in the Clearing House System for the clearing of the Positions it represents and is responsible to the Clearing House for the fulfilment of cash obligations arising from the relevant Positions in accordance with the provisions of Law 4425/2016 and the provisions specified in the above Rulebook.

      49. Load Representative: Balance Responsible Parties representing Entities that offtake energy from the HETS or the electricity Distribution network, other than Demand Response Aggregators.

      50. Trader: The natural or legal person who engages in the commercial trade of electrical energy, in accordance with Law 4001/2011.

      51. Minimum Available Capacity: The capacity defined in Article 10.2 of this Rulebook.

      52. Safety Minimum Reservoir Level: The minimum level per reservoir, above which the Dispatchable Hydro Generating Units Providers connected to the Reservoir may submit declarations of maximum daily energy injection constraint for the above Units.

      53. Minimum up time: The minimum time of operation, as set out in the Registered Characteristics of the Balancing Service Entity, between a start-up and the next shut-down.

      54. Minimum down time: The minimum lost operating time between a shut-down and the next start-up, in accordance with the Registered Characteristics of the Balancing Services Entity.

      55. Balancing Energy: The energy provided by a Balancing Service Provider and used by the HETS Operator to make a balance, i.e., to cover the generation/demand imbalances. It is divided into upward and downward Balancing Energy.

      56. Priority Price-Taking (Sell/Buy) Orders: Buy/sell orders with price acceptance and execution priority, which are One-Step Hourly Hybrid Orders (buy/sell) submitted at a price equivalent to the (maximum/minimum) acceptable price in the Day-Ahead Market, that is, at the Upper/Lower Buy Order Price, respectively. 

      57. Dispatch Instruction: The instruction issued by the HETS Operator, determining active power generation, active power increase or decrease, synchronization or desynchronization, provision of reserves and other Ancillary Services and, in general, the mode of operation of Balancing Service Entities.

      58. Ancillary Service: This has the meaning of Article 2(3)(case 17) of Law 4001/2011, that is, all services necessary for the management of a transmission system or a distribution network, including balancing services and non-frequency-related ancillary services, excluding congestion management.

      59. European aFRR Platform: The European Platform for the International Coordination of Automated Frequency Restoration and Stable System Operation (PICASSO), as provided for in Article 21 of Regulation (EU) 2017/2195.

      60. European Imbalance Netting Platform: The European platform facilitating the imbalances clearing procedure provided for in Article 22 of Regulation (EU) 2017/2195 (Imbalance Netting Platform — IN Platform).

      61. Frequency Restoration Reserve (FRR): It shall have the meaning of Article 3(7) of Regulation (EU) 2017/1485, that is, the active power reserves available to restore system frequency to the nominal frequency and, for a synchronous area consisting of more than one load frequency control area, to restore power balance to the scheduled value. A distinction is made between FRR with automatic activation and FRR with manual activation (aFRR and mFRR).

      62. Frequency Containment Reserve (FCR): It shall have the meaning of Article 3(6) of Regulation (EU) 2017/1485, that is, the active power reserves available to contain system frequency after the occurrence of an imbalance.

      63. Bidding Zone: Bidding zone is defined under Article 2(3) of Regulation (EU) 543/2013, i.e., the largest geographical area within which market participants are able to exchange energy without capacity allocation. Bidding Zones are approved by decision of the RAEWW, subsequent to a proposal from the Transmission System Operator and a relevant study as provided for in the HETS Grid Code.

      64. Physical Delivery Day: This has the meaning ascribed to it under Article 5(case f) of Law 4425/2016, i.e. it is the day on which the quantities of energy traded on the Electricity Markets are delivered.

      65. Dispatch Day: It has the meaning specified in Article 8.2 of this Rulebook, that is, the day to which the ISP refers, which coincides with the Physical Delivery Day of the Day-Ahead Market and the Intra-Day Market. Dispatch Day D shall start at 01:00 EET of calendar day D and shall end at 01:00 EET of calendar day D +1.

      66. Termination Date: The date referred to in Article 4.4(3) of this Rulebook.

      67. Positions: The monetary claims and corresponding obligations of the Participants and the HETS Operator arising in relation to the Balancing Market, excluding non-Compliance Charges, as calculated by the HETS Operator in accordance with Article 18.2 of this Rulebook and entered into the Clearing House system on the basis of the relevant notifications to the HETS Operator, under the terms of the Clearing Rulebook for Balancing Market Positions.

      68. Balancing Capacity: A volume of reserve capacity that a Balancing Service Provider has agreed to hold in each Dispatch Period and in respect to which the Balancing Service Provider has agreed to submit bids to the HETS Operator for a corresponding volume of Balancing Energy for the duration of the contract.

      69. Downward Balancing Energy: The Balancing Energy that corresponds to less generated energy or more consumed energy in relation to the Market Schedule.

      70. Clearing Rulebook for Balancing Market Positions: The Rulebook issued by the Clearing House and approved by accordance with in Law 4001/2011 in accordance with Article 13(2) of Law 4425/2016.

      71. Consumer: This has the meaning ascribed by Article 2 (1)(16) of Law 4001/2011, i.e. 1) a natural or legal person who purchases natural gas or electricity or thermal energy exclusively for their own use and 2) a natural or legal person who purchases electricity for the purpose of providing charging services for electric vehicles (EV).

      72. Dispatchable Generating Units: The power generating units with a valid production license, which are located on the mainland or on the interconnected islands, have made and activated a connection to HETS, have submitted an operating license and have an installed capacity over 5 MW, for which the HETS Operator may issue Dispatch Instructions, provided they are not RES Units, Emergency Reserve Units, and only during the period for which an Ancillary Service Contract or a Supplementary System Energy Contract is not in force or is not implemented, in accordance with the HETS Grid Code.

      73. Dispatchable Generating Units with Alternative Fuel: Dispatchable Generating Units having the obligation or the ability to operate both with primary and alternative fuels.

      74. Dispatchable HECHP Units: Partial cogeneration units with an installed capacity of over 35 MWe which, by decision of the Regulatory Authority for Waste, Energy, and Water, have been designated as Dispatchable High Efficiency CHP Units.

      75. Multi-Shaft Combined Cycle Dispatchable Generating Units: Combined Cycle Dispatchable Generating Units in which gas turbines and steam turbines are located on different axes and are connected to distinct generators.

      76. Emergency Situation: The Situation described in the HETS Grid Code.

      77. Registered Characteristics: The technical and operational characteristics of Balancing Service Entities that remain stable every Dispatch Day, unless modified by the Balancing Service Providers. They are submitted as provided for in the HETS Grid Code.

      78. Balancing Energy Offer Minimum Price: The lower limit on the pricing of Balancing Energy Offers, which is imposed for technical reasons, in accordance with Article 12.2 of this Rulebook.

      79. Balancing Capacity Offer Minimum Price: The lower limit on the pricing of Balancing Capacity Offers, which is imposed for technical reasons, in accordance with Article 11.2 of this Rulebook.

      80. Central Counter Party: It shall have the meaning specified in Article 2(42) of Regulation (EU) 2015/1222, i.e., the entity or entities with the task of entering into contracts with market participants, by novation of the contracts resulting from the matching process, and of organising the transfer of net positions resulting from capacity allocation with other central counter parties or shipping agents.

      81. HETS Grid Code: The Code specified in Article 96 of Law 4001/2011.

      82. Maximum Available Capacity: The capacity defined in Article 10.2 of this Rulebook.

      83. Maximum Available Capacity in AGC mode: The Maximum Available Capacity of the Entity while operating under AGC. It is expressed in MW. The Maximum Available Capacity in AGC mode is lower or equal to the Maximum Available Capacity.

      84. Maximum Net Capacity: The maximum level of capacity that a Balancing Service Entity can maintain for any period of time provided that it operates under ISO conditions, it is not constrained by any equipment, technical or other limitations pertaining to the institutional or financial framework governing the Entity’s operation, and that the internal service, as well as any other auxiliary load have been taken into consideration.

      85. Maximum Net Capacity in AGC mode: The Maximum Net Capacity of the Entity while operating under Automatic Generation Control (AGC). It is expressed in MW. The Maximum Net Capacity in AGC mode cannot exceed the Maximum Net Capacity.

      86. Maximum contribution to FCR: The technical capacity of a Balancing Service Entity to offer Frequency Containment Reserve, as derived from the test results and specified in the Registered Characteristics. It is defined separately for upward and downward Frequency Containment Reserve. It is expressed in MW.

      87. Maximum contribution in aFRR: The technical capacity of a Balancing Service Entity to offer automatic Frequency Restoration Reserve, as derived from the test results and specified in the Registered Characteristics. It is defined separately for upward and downward automatic Frequency Restoration Reserve. It is expressed in MW.

      88. Maximum contribution in mFRR: The technical capacity of a Balancing Service Entity to offer manual Frequency Restoration Reserve, as derived from the test results and specified in the Registered Characteristics. It is defined separately for upward and downward manual Frequency Restoration Reserve. It is expressed in MW.

      89. Maximum number of Activations per Dispatch Day: The maximum number of Activations of a Dispatchable Load Portfolio for Balancing Energy and Capacity on a Dispatch Day.

      90. Maximum up time: The maximum number of consecutive Dispatch Periods during which a Dispatchable Load Portfolio can provide Energy and/or upward/downward Balancing Capacity.

      91. HETS Operator Registry: The Registry provided for in Article 4.1 of this Rulebook.

      92. Balancing Market Generating Units Registry: The Registry provided for in Article 5.2 of this Rulebook.

      93. Balancing Service Providers Registry: The Registry provided for in Article 4.2 of this Rulebook.

      94. Balance Responsible Parties Registry: The Registry provided for in Article 4.2 of this Rulebook.

      95. Dispatchable RES Units Portfolio Registry: The Registry provided for in Article 5.3 of this Rulebook.

      96. Dispatchable Load Portfolio Registry: The Registry provided for in Article 5.4 of this Rulebook.

      97. RES Unit: A unit generating electricity from Renewable Energy Sources (RES) as defined in Law 3468/2006.

      98. Controlled RES Production Units: Non-Intermittent RES and CHP units, within the meaning of Law 4414/2016, i.e. power units that use biomass or biogas, plants that use geothermal potential, solar thermal plants and CHP plants.

      99. Intermittent RES Generation Units: Intermittent RES units, within the meaning of Law 4414/2016, i.e. RES power units that are not of controlled production, in particular wind, photovoltaic and small hydroelectric power plants.

      100. RES Units with Market Participation Obligation: The RES Units for which a Contract for Differential State Aid Support has been concluded in accordance with the provisions of Law 4414/2016, as well as the RES Units covered by Article 3(19) and Article 12A of Law 4414/2016.

      101. RES Units without Market Participation Obligation: RES Units for which a Feed-in Tariff Agreement has been concluded in accordance with the provisions of Law 4414/2016, as well as the RES Units for which a Power Purchase Agreement has been concluded in accordance with the provisions of Article 12 of Law 3468/2006 or a similar electricity purchase and sale agreement prior to the entry into force of Law 3468/2006.

      102. Balance Responsible Entities: The entities represented by Balance Responsible Parties in accordance with Article 5.1 of this Rulebook.

      103. Balancing Service Entities: The units or portfolios that are in a position to provide Balancing Services to the HETS Operator which are represented by the Balancing Service Providers in accordance with Article 5.1 of this Rulebook.

      104. Final Settlement: It shall have the meaning of Settlement as laid down in Article 23.1 (4) to (6) of this Rulebook.

      105. Producer: The holder of a Production License or a relevant exemption from the obligation to obtain a Production License.

      106. Parallel Connection: The connection of at least one generation or consumption facility with the HETS on the one hand and a Direct Line on the other.

      107. Balancing Service Provider – BSP: This shall have the meaning ascribed to it under Article 2(6) of Regulation (EU) 2017/2195, that is, a market Participant with units or portfolios able to provide Balancing Services to the HETS Operator.

      108. Imbalance Settlement Period: This has the meaning of Article 2(4) of Regulation (EU) 2019/943, that is, the unit of time used to calculate the Imbalance of the Balance Responsible Parties.

      109. Dispatch Period: It shall have the meaning specified in Article 8.2 of this Rulebook, that is, a period of time that lasts for half an hour. The first Dispatch Period of Dispatch Day D is 01:00 – 01:30 EET.

      110. Electricity Supply Volume via Direct Line: The volume of electricity supplied to a Demand Installation with a Parallel Connection via Direct Line, to the extent that such energy is generated by generating units connected to the Direct Line, as calculated in accordance with Article 18.4.

      111. Shipping Agent: This has the meaning specified in Article 2(43) of Regulation (EU) 2015/1222, that is, the entity or entities tasked with transferring net positions between different central counterparties.

      112. Market Schedule: The net energy schedule (net position) resulting from all transactions of the entity on the wholesale market (i.e. transactions on the Energy Financial Market, the Day-Ahead Market or the Intra-Day Market) as defined in the Day-Ahead Market & Intra-Day Market Trading Rulebook.

      113. ISP Schedule: The indicative generation/ consumption schedule for each Balancing Service Entity and for each Dispatch Period of the Dispatch Day as it derives from the ISP solution system.

      114. Supplier: The natural or legal person who engages in the commercial trade of electrical energy, in accordance with in Law 4001/2011.

      115. Default Supplier: The electricity Supplier as defined in Article 58 of Law 4001/2011.

      116. Supplier of Last Resort: The electricity Supplier as defined in Article 57 of Law 4001/2011.

      117. Adjusted Dispatch Instruction: The Dispatch Instruction modified in such a way as to take into account the availability of the Balancing Service Entity as laid down in the “Activated Balancing Energy Calculation Methodology”.

      118. Balancing Energy Deficit Premium: A price determined by decision of the Regulatory Authority for Waste, Energy, and Water, which increases the Upward Balancing Energy Price (mFRR) in cases where, during an Imbalance Settlement Period, energy was injected from Contracted Generating Units, Supplementary Energy from Emergency Imports or Load Shedding was performed.

      119. Balancing Energy Offer: A Balancing Energy Offer corresponds to the intention to provide upward or downward Balancing Energy in relation to the Market Schedule of the respective Balancing Service Entity. Balancing Energy Offers are described in Article 12.1 of this Rulebook.

      120. Balancing Capacity Offer: A Balancing Capacity Offer corresponds to the intention to provide reserves for Reserve Capacity products. Balancing Capacity Offers are described in Article 11.1 of this Rulebook.

      121. Regulatory Authority for Energy, Waste and Water (RAEWW): The independent authority which was established with Law 2773/1999 and is the national regulatory authority for issues of Electricity and Gas, Water services, and Municipal Waste management, as defined in Directives (EU) 2019/944 and 2009/73/EC.

      122. Ramp Up Rate: The rate of increase of the active power of a Balancing Service Entity, expressed in MW/min, when the Entity is committed and not in the start up or shut down phase.

      123. Ramp Down Rate: The rate of decrease of the active power of a Balancing Service Entity, expressed in MW/min, when the Entity is committed and not in the start up or shut down phase.

      124. Ramp Up Rate in AGC mode: The rate of increase of the active power of a Balancing Service Entity, expressed in MW/min, when operating under AGC.

      125. Ramp Down Rate in AGC mode: The rate of decrease of the active power of a Balancing Service Entity, expressed in MW/min, when operating under AGC.

      126. Balance Responsible Party (BRP): It shall have the meaning specified in Article 2(7) of Regulation (EU) 2017/2195, i.e., a Market Participant or its chosen representative responsible for its imbalances.

      127. Balancing Service Contract: The contract concluded with the HETS Operator upon registration of the Participants in the Balancing Service Providers Registry, in accordance with Article 4.2 of this Rulebook.

      128. Balance Responsible Party Contract: The contract concluded with the HETS Operator upon registration of the Participants in the Balancing Service Providers Registry, in accordance with Article 4.2 of this Rulebook.

      129. HETS Operator Transactions Contract: The contract between the HETS Operator and the Participants registered with the HETS Operator Registry, which is concluded as provided for in the HETS Grid Code.

      130. Contracted Generating Units: The Dispatchable Generating Units that have concluded Supplementary System Energy Contracts or Ancillary Services Contracts with the HETS Operator in accordance with the HETS Code.

      131. Participant: The participant in the Balancing Market, either as a Balancing Service Provider or as a Balance Responsible Party.

      132. Supplementary Settlements: The Corrective Settlement or the Final Settlements.

      133. Participant subject to Deletion: The Participant who has submitted a declaration terminating the Balancing Service Provision Contract/Balance Responsible Party Contract, for the period from the day after the last active participation date until the termination takes effect, the termination of their Contract and the final deletion from the HETS Operator Registry, in accordance with the provisions of Article 4.4 this Rulebook.

      134. Supplementary Energy from Emergency Imports: It shall have the meaning of the HETS Grid Code, i.e. the active power quantity which the System Operator is responsible for providing to the System in order to cover the needs in Supplementary System Energy.

      135. Balancing Market System: A system that performs all the processes and all the necessary calculations and records all the data and the results of the Balancing Market in terms of ISP, Balancing Energy Market and Balancing Market Settlement. The Balancing Market System is described in Article 2.2 of this Rulebook.

      136. Emergency Plan: It means a plan that is drawn up in accordance with Article 73 of Law 4001/2011.

      137. Technical Decisions: The technical decisions provided for in Article 18 of Law 4425/2016 and Annex I of this Rulebook.

      138. Technically Minimum Generation: The minimum level of capacity that a Balancing Service Entity can maintain for any period of time, provided that it operates under ISO conditions, it is not constrained by any equipment, technical or other limitations pertaining to the institutional or financial framework governing the Entity’s operation, and provided that the internal service and any other auxiliary load have been taken into consideration.

      139. Technically Minimum Generation under Automatic Generation Control (AGC). The Technically Minimum Generation of an Entity when it is operating under Automatic Generation Control (AGC). It is expressed in MW. Technically Minimum Generation under Automatic Generation Control (AGC) may be higher or equal to Technically Minimum Generation.

      140. mFRR Upward Balancing Energy Price: The price calculated in accordance with Article 19.2 of this Rulebook, whereby the Balancing Service Providers that provide upward Balancing Energy for mFRR are remunerated.

      141. Imbalance Price: The price calculated in accordance with Article 19.6 of this Rulebook based on which the Balance Responsible Parties are debited or credited for their respective Imbalances.

      142. mFRR Downward Balancing Energy Price: The price according to Article 19.2 whereby Balancing Service Providers providing downward mFRR Balancing Energy are compensated.

      143. Standardized Product: The harmonized balancing energy product determined by all of the Transmission System Operators (TSOs) for the purpose of exchanging balancing services as part of their participation in the European Platforms, in accordance with Article 25 of Regulation (EU) 2017/2195 (Electricity Balancing Regulation). 

      144. Balancing Services: They must be interpreted according to the meaning of Article 2(3) of Regulation (EU) 2017/2195, i.e., Balancing Energy or Balancing Capacity, or both.

      145. Clearing House: It shall have the meaning of case (ist) of Article 5 of Law 4425/2016.

      146. RES Aggregator: It has the meaning of the Cumulative Representation Body of Power Plants from Renewable Energy and Power Plants of Part 22 of Article 2 of the Law. 4414/2016.

      147. Last Resort RES Aggregator: It shall have the meaning of Article 2(case 23) of Law 4414/2016.

      148. Demand Response Aggregator: This has the meaning attributed to in Article 5(case 15)(o) of Law 4425/2016 and in particular refers to the holder of a respective licence to carry out the activity of aggregated representation in relation to the Demand Response Service.

      149. Dispatchable Load Portfolio Baseline: The load which corresponds to the electricity that would have been consumed by the Dispatchable Load Portfolio if it hadn’t received a Dispatch Instruction to activate a Balancing Energy Offer.

      150. Baseline of Portfolio of Intermittent Dispatchable RES Production Units: The production calculated by the HETS Operator, which corresponds to the electricity that would have been produced by the Portfolio of the Intermittent Dispatchable RES Units if it had not received a Dispatch Instruction to activate a Balancing Energy Offer.

      151. Physical Transmission Right: The right ascribed to the holder for physical delivery of a specific quantity of electricity within a specified time unit between two bidding zones and in a specific direction.

      152. Dispatchable Load Portfolio: A load portfolio that includes one or more Demand Facilities which are connected to a specific Bidding Zone and which, based on their technical capacity, offer Balancing Services to the HETS Operator. A Dispatchable Load Portfolio is represented by a Demand Response Facility or, in the case of one or more Demand Facilities owned by the Consumer themselves, by a Consumer. Each Dispatchable Pumped-Storage Hydro Generating Unit is treated as a separate Dispatchable Load Portfolio.

      153. Load Portfolio: The load portfolio, which includes one or more Offtake Facilities connected to a specific Bidding Zone. Each Load Portfolio shall be represented by one Supplier or one Consumer.

      154. RES Units Portfolio without Market Participation Obligation: The RES Units Portfolio for which either a Feed-in Tariff Agreement has been concluded in accordance with the provisions of Law 4414/2016, or a Power Purchase Agreement has been concluded in accordance with the provisions of Article 12 of Law 3468/2006 or a similar electricity purchase and sale agreement prior to the entry into force of Law 3468/2006 which (Units) are connected to a specific Bidding Zone. RES Units Portfolios without Market Participation Obligation shall be represented by DAPEEP. DAPEEP has balancing responsibility for the RES Units Portfolios without Market Participation Obligation.

      155. Dispatchable RES Units Portfolio: The RES Units portfolio that includes one or more RES Units with Market Participation Obligation which are connected to a specific Bidding Zone and which, based on their technical capacity, offer Balancing Services to the HETS Operator. A Dispatchable RES Units Portfolio shall be represented by one RES Producer or by one RES Aggregator.

      156. Non-Dispatchable RES Units Portfolio: The RES Units portfolio that includes one or more RES units with Market Participation Obligation connected to a particular Bidding Zone and which do not offer Balancing Services to the HETS Operator. Each Non- Dispatchable RES Units Portfolio shall be represented by one RES Producer or by one RES Aggregator.

      157. Non-Compliance Charges: The charges provided for in CHAPTER 22 of this Rulebook.

      158. Energy Exchange: A public limited company that manages one or more Energy Markets and/or Energy Financial Markets.

      159. Direct Line User: The customer or the holder of a Production License, Electricity Producer Certificate, Special Project Certificate, or Certificate for Exempted Stations, whose facilities are already connected or will be connected to a Direct Line.

      1. The Balancing Market System shall perform all the procedures and all the necessary calculations, and shall record all the data and the results of the Balancing Market in connection to the ISP, the Balancing Energy Market and the Balancing Market Settlement. The Balancing Market System shall include the following subsystems:

        a) the HETS Operator Registry,

        b) the Physical Transmission Rights Declaration Submission System of the HETS Operator,

        c) the Balancing Market Bidding Submission System,

        d) the Dispatch Information Administration System, including: the Load Forecasting / RES Injection Forecasting / Reserve Requirements Forecasting Mechanism, the interface with the Energy Exchange for acquisition of the Market Schedules of all Entities, the Integrated Schedule Process solution mechanism and the Balancing Energy Market solution mechanism, the mechanism that produces the Dispatch Instructions in real time and the interface with the Supervisory Control and Data Acquisition System (SCADA).

        e) the Balancing Market Settlement System, which carries out all clearing calculations and processes, as well as acting as the interface with the Clearing House;

        f) the Participant Communication System and the databases required for the operation of all of the above; and

        g) the systems and databases required for the participation of the HETS Operator in the European Platforms as per Regulation (EU) 2017/2195.

      2. The HETS Operator shall operate and maintain the Balancing Market System. The Balancing Market System must be fully compatible with the functions provided for in this Rulebook.

      3. The HETS Operator shall take the appropriate measures to prevent any operational issues in the Balancing Market System and shall try to restore any failure or malfunction, as soon as possible. The HETS Operator shall not be liable to the Participants for any loss they may incur due to any unforeseen failure or malfunction in the Balancing Market System, even temporary ones, or due to any loss of data from the Balancing Market System, or due to any malicious use of the Balancing Market System or the data therein by third parties.

      4. The Balancing Market System supports the commonly accepted principles of good business practices, it is based on modern, appropriate and reliable information and communication technologies and complies with strict standards of uninterrupted operation, increased reliability and integrity of information.

      5. The Balancing Market System databases are protected by an appropriate security system that does not allow access to classified information to unauthorized persons. The System itself provides protection against deletion of information from the databases.

      1. The HETS Operator shall provide the specified access to the Balancing Market System if the following conditions are met:

        a) the registered Balancing Service Provider/registered Balance Responsible Party has fulfilled the authentication requirements. These requirements may include, inter alia, the obligation to provide an electronic certificate for signature, encryption or other authentication technology purposes, and

        b) the representative(s) of the Registered Balancing Service Provider/registered Balance Responsible Party, for whom the user account (s) is (are) created in the Balancing Market System, has (have) succeeded in the suitability test conducted by the HETS Operator on the proper use of the Balancing Market System.

      2. The HETS Operator shall confirm the creation of the User Account (s) or send a rejection note to the registered Balancing Service Provider/Balance Responsible Party, no later than five (5) business days from the completion of the suitability test by the Balancing Market representative(s) of the registered Balancing Service Provider/Balance Responsible Party. The confirmation or rejection shall be sent by any means to the designated representative of the registered Balancing Service Provider / Balance Responsible Party.

      3. If the conditions referred to in paragraph 1 of this Article are not met, the HETS Operator shall notify the registered Balancing Service Provider / Balance Responsible Party of the rejection and shall not grant access to the Balancing Market System.

      1. The HETS Operator shall ensure that the Balancing Market System is certified by an independent inspection firm, which shall certify compatibility with the functions and procedures included in this Rulebook and shall conduct either:

        a) a full inspection, or

        b) A partial inspection of the changes and their impact on the remainder of the Balancing Market System.

        Such certification shall take place every time the Balancing Market System is significantly modified. The HETS operator shall publish the inspection certificate on its website.

      2. Every time the HETS Operator shall determine whether a full inspection or partial inspection is needed time at its discretion.

      1. Communication between the HETS Operator and the Participants, which includes all notifications or submissions provided for in this Rulebook, shall be performed by electronic means through the Balancing Market System. In case communication through the Balancing Market System is not possible for any reason, or in case of emergency, communication can take place by other means such as telephone, email or fax at the discretion of the HETS Operator.

      2. The HETS Operator shall use the appropriate international standards to establish appropriate interconnection protocols for the Participants to communicate with the Balancing Market System and shall make these interconnection protocols available to all requesting persons. The Participants shall put into service systems that are suitable for effective communication with the Balancing Market System operated by the HETS Operator.

      3. The Balancing Market System automatically issues an acknowledgment of receipt, which is sent directly to the Participants through the Participants Communication System.

      4. In the event of a total or partial unavailability of the Participants Communication System, the HETS Operator shall immediately notify all the Participants by sending a relevant notice by any appropriate means, specifying the procedure to be followed for further communication and the expected amount of time required to restore the system availability. As soon as the system is restored, the HETS Operator shall notify all Participants electronically.

      5. In any case, the Participants Communication System shall be the preferred route of communication as long as there is no unavailability issue. In that case, the provisions on Emergency Situations, as defined in the HETS Grid Code, shall apply.

      6. Each Participant shall comply with specific standards in its communications with the HETS Operator. These standards shall apply with regard to the operational capability, reliability and safety of its own communication centers and the appropriate computer and data networking equipment. The equipment must be used by the Participants only for their communications with the Balancing Market System.

      7. Each Participant shall be responsible for the provision and maintenance of telephone, fax and e-mail equipment at its own expense.

      8. The HETS Operator shall not be liable to the Participants for the timely transmission of offers, declarations or other data from the Participants, or for technical failures in the systems and the equipment used by the Participants to communicate with the Balancing Market System.

    • The HETS Operator shall inform the Participants about the Balancing Market System and shall provide support and instructions so that they can get a suitable and compatible system for their communication with the Balancing Market System.

      1. The HETS Operator shall keep a record of all the information used for the execution of its responsibilities under this Rulebook, for at least five (5) years. The HETS Operator shall provide the Participants with a copy of the information pertaining to them, in editable form, at their request.

      2. All data generated by the Balancing Market System are the property of the HETS Operator.

      1. The HETS Operator shall publish on its web site, at the end of each calendar month, information on the operation of the Balancing Market in the preceding calendar month, which shall include at least the following items:

               a) the total electricity and maximum total HETS load per Dispatch Day,

               b) the zonal imbalances per Imbalance Settlement Period,

               c) any important HETS events,

               d) aggregate information on Dispatch Instruction violations by Balancing Service Providers.

      1. For the purpose of this Rulebook Force Majeure events shall mean all events that affect the performance of obligations arising from this Rulebook, are beyond the control of the party affected by them and could not have been anticipated or prevented, despite the diligence that any prudent party might have shown.

      2. If any party is unable to fulfill any of its obligations under this Rulebook due to circumstances of Force Majeure, the fulfillment of mutual claims and obligations arising from the corresponding Balancing Service Contract or the Balance Responsible Party Contract shall be suspended for the Force Majeure period.

      3. In the event of Force Majeure, the HETS Operator or the registered Balancing Service Provider/registered Balance Responsible Party that invokes Force Majeure, shall have the following obligations:

        a) it shall be required to send to the other party a notice, as soon as possible, describing the nature of the Force Majeure event and its probable duration, and to continue to give reports with reasonable frequency during the period of the Force Majeure event.

        b) it shall make every possible effort to limit the consequences of the Force Majeure event, as soon as possible, after the occurrence of the Force Majeure event,

        c) it shall cooperate with the other Party in the interest of finding the best way to continue their activities to the extent possible in accordance with this Rulebook.

      4. If the Force Majeure event continues for a period longer than six (6) months, the HETS Operator or the registered Balancing Service Provider/registered Balance Responsible Party affected by the Force Majeure event may unilaterally terminate the Balancing Service Contract or the Balance Responsible Party Contract, respectively, by notice to the other party. The termination shall take effect within ten (10) business days from the date of the notice or at any later date specified in the Termination Notice.

      1. In addition to communication through the Balancing Market System as described in Article 2.4 or otherwise specified in this Rulebook, any notice or other communication in the context of or in connection with this Rulebook shall be conducted by personal delivery, or by post, fax or email, and shall be addressed to the representative of the other party, as defined in the Balancing Service Contract / Balance Responsible Party Contract, or as notified by the registered Participant.

      2. In particular, for any communication concerning (i) the conclusion of the Balancing Service Contract/Balance Responsible Party Contract pursuant to Article 4.2, communication shall be conducted by personal delivery only or by post, with proof of receipt, or (ii) the termination thereof, according to Article 4.4, by bailiff service.

      3. All notices and other communications, shall be deemed to have been received by the party they are addressed to, as follows:

        a) in case of personal delivery or delivery by post, at the time of delivery,

        b) in case of fax, at the time indicated on the proof of delivery of the sender's facsimile machine,

        c) in case of e-mail, at the time the e-mail was sent, indicated on the proof of sending.

      4. If a notification or other announcement has been received outside the working hours of a business day, it shall be deemed to have been received at the beginning of the working hours on the following business day.

      1. The HETS Operator shall comply with all the rules laid down in the applicable legislation regarding transparency and disclosure of information with respect to the transactions carried out in the context of the Balancing Market, and, in particular, with the provisions of:

        a) Regulation (EU) 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and the transparency of the wholesale energy market,

        b) Implementing Commission Regulation (EU) 1348/2014 of 17 December 2014 on the reporting of data for the implementation of Article 8 (2) and (6) of Regulation (EU) 1227/2011 of the European Parliament and of the Council on the integrity and the transparency of the wholesale energy market,

        c) Commission Regulation (EU) 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and on amending Annex I to Regulation (EC) 714/2009 of the European Parliament and of the Council,

        d) Commission Regulation (EU) 2017/2195 of 23 November 2017 on establishing a guideline on electricity balancing, or

        e) any other relevant regulatory act or law.

      2. The HETS Operator shall provide to third parties, and, in particular, to the Participants, following a reasoned request, information relating to transactions carried out in the framework of the Balancing Market, provided that:

        a) this act is not contrary to a provision of law,

        b) the information does not constitute commercially sensitive information and its provision does not entail unfair commercial or competitive advantages to third parties and, in particular, to the registered Participants and

        c) the third party, including the registered Participants, is bound by a confidentiality clause.

      3. General information on the operation of the System as well as information on statistical data is not considered to be confidential.

      4. Without prejudice to paragraph 3 of this Article, the HETS Operator and any registered Balancing Service Provider/registered Balance Responsible Party that receives confidential information in connection with this Rulebook shall preserve the confidentiality of such information and shall not disclose, report, publish, communicate, transfer or use, directly or indirectly, any part of the confidential information for a purpose other than that for which it was notified to it.

      5. Without prejudice to paragraph 3 of this Article, the HETS Operator or the registered Balancing Service Provider/registered Balance Responsible Party may disclose confidential information of another party:

        a) to the extent provided for in this Rulebook or the Clearing Rulebook for Balancing Market Positions.

        b) to the extent required, in order to comply with the applicable national or European legislation as provided for in paragraph 1 of this Article,

        c) to the extent required by competent courts or authorities during proceedings before them, in which the addressee participates,

        d) if required for the proper fulfillment of its duties and obligations under applicable law and this Rulebook, or

        e) if required for the issuing of licenses or approvals by the competent authority.

      6. Moreover, the obligations arising from this Article shall not apply:

        a) if the party receiving the information can prove that, at the time of disclosure, such information was already publicly available,

        b) if the party receiving the information presents evidence that, since the notification the information has been legally received by a third party or made available to the public,

        c) to confidential information disclosed in accordance with legal and regulatory arrangements in an aggregated form, from which no information relevant to a particular Market Participant can be deducted,

        d) to information whose publication is explicitly provided for in the present Rulebook.

      7. The confidentiality obligations of this Article shall remain in effect for the entire duration and for a period of five (5) years from the termination of the Balancing Service Contract or the Balance Responsible Party Contract.

      8. The conclusion of a Balancing Service Contract or Balance Responsible Party Contract and the exchange of confidential information shall not give rise to any right to patents, knowledge or any other form of copyright in respect of information or tools made available or sent by one party to another by virtue of this Rulebook.

    • The Registered Participant may not release or assign any of the rights or obligations arising from the Balancing Service Contract or the Balance Responsible Party Contract, or this Rulebook to third parties. In particular, the above persons are allowed to assign the Clearing of Positions they may possess to a Clearing Member with respect to their cash obligations and the corresponding claims arising from such Positions in accordance with the Clearing Rulebook for Balancing Market Positions

      1. This Rulebook is governed by and interpreted in accordance with the Greek law.

      2. The courts of Athens are competent for resolving any dispute that may arise from or in connection with this Rulebook.

      1. If this Rulebook is translated into English, in the event of discrepancy between the Greek text and the English version, the Greek text shall prevail over the English language version.

      2. For the purposes of implementation of the provisions of this Rulebook, all amounts shall be in euros.

    • Omission or delay in the exercise of any right, power or judicial remedy, or individual or partial exercise of any such right, power or judicial remedy provided for by law or by this Rulebook, shall not constitute a waiver of this or any other right, power or judicial remedy.

      1. This Rulebook, the Balancing Service Contract, the Balance Responsible Party Contract, the HETS Grid Code and the HETS Transactions Contract constitute the full agreement between the HETS Operator and each registrant entered in the HETS Operator Registry.

      2. If any provision of this Rulebook or the Balancing Service Contract or the Balance Responsible Party Contract or the HETS Grid Code or the HETS Transactions Contract is declared null, unenforceable or unlawful by the competent courts, or according to an arbitration or by order of a competent authority, such nullity, non-enforceability or unlawfulness shall not prejudice or affect the remaining provisions of this Rulebook, the Balancing Service Contract or the Balance Responsible Party Contract or the HETS Grid Code or the HETS Transactions Contract, which shall continue to be in force and have legal effects.

      1. Regarding Emergency Situations, the provisions of the HETS Grid Code and the Natural Gas Emergency Plan shall apply.

      2. In the event that the Balancing Market is rendered inoperable, specifically due to an emergency situation, or a fault in the Balancing Market System, or in other electronic systems utilized by the HETS Operator, the HETS Operator shall apply the ‘Rules for Suspension and Restoration of Market Activities’, approved by the Regulatory Authority for Waste, Energy, and Water, subsequent to the recommendations of the HETS Operator, in accordance with the provisions of Article 18(4) of Law 4425/2016.