Σύμφωνα με τα προβλεπόμενα στο άρθρο 44 του Κανονισμού (ΕΕ) 2015/1222 της 24ης Ιουλίου 2015 «Καθορισμός διαδικασιών επαναφοράς»: «… κάθε ΔΣΜ, σε συντονισμό με όλους τους ΔΣΜ της ίδιας περιφέρειας υπολ

Transelectrica, ESO and IPTO/ADMIE, taking into account the following: Whereas

1. The Fallback Procedures takes into account the general principles, goals and other methodologies reflected in the Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (CACM Regulation). The goal of the CACM Regulation is the coordination and harmonisation of capacity calculation and allocation in the day-ahead and intraday markets;
2. All European TSOs aim at harmonizing Shadow Allocation rules on all European bidding zone borders, where they are applied as fallback solution in case the single day-ahead coupling (SDAC) fails to deliver market coupling results. This process leads to the need for amendment of the SEE CCR fallback procedures and the Regional Shadow Allocation Rules attached to the SEE CCR fallback procedures;
3. This second amendment of the SEE CCR Fallback Procedures contributes to and does not in any way hinder the achievement of the objectives of Article 3 of the CACM Regulation. The fallback procedures ensure a transparent and non-discriminatory approach towards facilitating cross zonal capacity allocation in the event that the single day-ahead coupling process is unable to produce results. This supports the CACM objective of ensuring and enhancing the transparency and reliability of information; developed the following second amendment of the SEE CCR fallback procedures: 2 2nd amendment of the

Article 1Changes to the main body of the SEE CCR Fallback Procedures

Article 3Publication and entry into froce

Shadow Allocation Rules 21/01/2022 5 2nd amendment of the

Contents CHAPTER 1.................................................................................................................................................9 Subject‐matter and scope.............................................................................................................................9 Definitions and interpretation ......................................................................................................................9 Allocation Platform...................................................................................................................................11 Effective date and application....................................................................................................................12 CHAPTER 2...............................................................................................................................................13 General Provision .....................................................................................................................................13 Participation Agreement conclusion ...........................................................................................................13 Form and content of the Participation Agreement .......................................................................................14 Submission of information ........................................................................................................................14 Warranties................................................................................................................................................15 Dedicated Business Account......................................................................................................................15 Acceptance of the Information System Rules .............................................................................................15 Costs related to the Participation Agreement ..............................................................................................16 Refusal of application ...............................................................................................................................16 Access to the Auction Tool .......................................................................................................................16 Conclusion of additional financial terms ....................................................................................................17 Regulatory and legal requirements .............................................................................................................17 CHAPTER 3...............................................................................................................................................18 General provisions for Shadow Auctions ...................................................................................................18 Shadow Auction Process.........................................................................................................................18 Auction Specification .............................................................................................................................18 Default Bid...............................................................................................................................................19 Bids submission .......................................................................................................................................19 Bid registration.........................................................................................................................................20 Credit Limit verification ...........................................................................................................................20 Shadow Auction Results Determination .....................................................................................................20 Notification of Shadow Auction results......................................................................................................21 Contestation of provisional Shadow Auction Results ..................................................................................22 Shadow Auction cancellation ....................................................................................................................22 CHAPTER 4...............................................................................................................................................24 General principles.....................................................................................................................................24 Day‐Ahead Nomination of Transmission Rights.........................................................................................24 6 2nd amendment of the

Rights Document......................................................................................................................................25 TSO Designation ......................................................................................................................................25 CHAPTER 5...............................................................................................................................................26 General provisions ....................................................................................................................................26 Fallback procedure for data exchange ........................................................................................................26 Fallback procedure for eligible person notification ......................................................................................27 CHAPTER 6...............................................................................................................................................28 Triggering events and consequences of curtailment on Transmission Rights ................................................28 Process and notification of curtailment ......................................................................................................28 Day Ahead Firmness deadline ...................................................................................................................28 Reimbursement for curtailments due to Force Majeure before the Day Ahead Firmness Deadline ...........28 Reimbursement or compensation for curtailments due to Force Majeure and emergency situation after the Day Ahead Firmness Deadline ..................................................................................................................29 CHAPTER 7...............................................................................................................................................30 General principles.....................................................................................................................................30 Calculation of due amounts .......................................................................................................................30 Tax Gross‐up ............................................................................................................................................30 Invoicing and payment conditions..............................................................................................................31 Payment disputes ......................................................................................................................................32 Late payment and payment incident...........................................................................................................32 CHAPTER 8...............................................................................................................................................34 Duration and amendment of Shadow Allocation Rules ...............................................................................34 Liability ...................................................................................................................................................34 Dispute resolution .....................................................................................................................................35 Suspension of the Participation Agreement ................................................................................................36 Termination of the Participation Agreement ...............................................................................................37 Force Majeure ..........................................................................................................................................38 Notices.....................................................................................................................................................39 Confidentiality .........................................................................................................................................40 Assignment and subcontracting .................................................................................................................41 Governing law..........................................................................................................................................41 Language .................................................................................................................................................42 Intellectual property ..................................................................................................................................42 Relationship of the Parties .........................................................................................................................42 No third party rights .................................................................................................................................42 7 2nd amendment of the

Waiver .....................................................................................................................................................42 Entire agreement ......................................................................................................................................43 Remedies exclusive ..................................................................................................................................43 Severability ..............................................................................................................................................43 8 2nd amendment of the

CHAPTER 1 General Provisions Article 1 Subject‐matter and scope In the event that the single day‐ahead coupling is unable to produce results, a fallback procedure is established. The fallback procedure for the allocation of Cross Zonal Capacity in the day‐ahead market timeframe is an Explicit Allocation in the form of Physical Transmission Rights (PTR) of electrical energy on a daily basis. These Shadow Allocation Rules contain the terms and conditions for the allocation of Transmission Rights, on the borders included in the Applicable Bidding Zone Borders, as fallback procedure for the single day‐ahead coupling, it being understood that the Registered Participant will accede these rules by the signature of the Participation Agreement. In particular, the Shadow Allocation Rules set out the rights and obligations of Registered Participants as well as the requirements for participation in Shadow Auctions, they describe the process of the Shadow Auction, including the determination of Marginal Price as a result of Shadow Auction and invoicing/payment. The fallback procedure refer to Cross Zonal Capacity only and Registered Participants may invoke no other right in connection with the allocated Physical Transmission Rights allocated to them than the rights in accordance with the provisions of these Shadow Allocation Rules. Article 2 Definitions and interpretation

1. Capitalised terms used in these Allocation Rules shall have the meaning given to them in Article 2 of Regulation (EU) 2019/943, Article 2 of Regulation (EC) 2013/543, Article 2 of Regulation (EU) 2015/1222, Article 2 of Directive (EU) 2019/944 and in Regulation (EU) 2016/
3. In addition, the following definitions shall apply: Allocation Platform means either the responsible TSO(s) at the respective Bidding‐Zone border(s) or an entity appointed and commissioned by them or nominated in accordance to national regulations to act on their behalf and on its own for the attribution of Cross Zonal Capacity through the Shadow Auctions as defined in the Participation Agreement; Applicable Bidding Zone Borders means all the bidding zone borders in the CCRs as well as the NO2NL and NO2-DE borders to which the fallback procedures which have been established under Article 44 of the CACM Regulation and include these Shadow Allocation Rules apply1; Auction Specification means a list of specific characteristics of a particular Shadow Auction, including the nature of offered products and relevant dates; Auction Tool means the information technology system used by the Allocation Platform to perform Auctions and to facilitate other procedures described in these Shadow Allocation Rules; Bid means a pair of Bid Quantity and Bid Price offered by a Registered Participant participating in an Auction; Bid Price means the price which a Registered Participant is willing to pay for one

Bidding Period means the time period within which the Registered Participants wishing to participate in an Auction may submit their Bids. Bidding Period is only available for Shadow Auction known in advance; Business Account means, a dedicated deposit account opened at the financial institution selected by the Allocation Platform in the name of the Allocation Platform or at the discretion of the Allocation Platform opened by the Registered Participant, but with the Allocation Platform as the beneficiary of the dedicated cash deposit, which may be used for payments by the Registered Participant; EIC Code means the ENTSO‐E Energy Identification Coding Scheme identifying the parties in a cross‐ border trade; Force Majeure means any unforeseeable or unusual event or situation beyond the reasonable control of a Party and/or the relevant TSOs, and not due to a fault of the Party and/or the relevant TSOs, which cannot be avoided or overcome with reasonable foresight and diligence, which cannot be solved by measures which are from a technical, financial or economic point of view reasonably possible for the Party and/or the relevant TSOs, which has actually happened and is objectively verifiable, and which makes it impossible for the Party and/or the relevant TSOs to fulfil, temporarily or permanently, its obligations; Information System Rules means the terms and conditions for access to and use of the Auction Tool by Registered Participants as published on the Allocation Platform's website; Marginal Price means the price determined at particular Auction to be paid by all the Registered Participants for each MW and hour of acquired Transmission Right; National Regulatory Authorities means the regulatory authorities referred to in Article 35

Shadow Auction means the explicit auction run by Allocation Platform(

1. s)by which daily Cross Zonal Capacity is offered as fallback procedure for the single day‐ahead coupling and allocated to market participants who submit Bid(s); TSO Border means set of power lines interconnecting two TSOs, this specificity only concerns Bidding Zone borders linked to German TSOs Working Day means the calendar days from Monday to Friday, with the exception of public holidays as specified on the website of the Allocation Platform; Use It Or Lose It (UIOLI) means an automatic application by which the underlying daily Cross Zonal Capacity of the non-nominated Physical Transmission Rights irrevocably fall back to the relevant TSO(
2. s)and whereby Transmission Right holders that do not nominate to use their rights have no right to receive a pay-out; Working Hours means the hours on Working Days specified within the Participation Agreement. 3. In these Shadow Allocation Rules unless the context requires otherwise: (
3. a)Any reference to the word Bidding Zone border may cover all interconnectors collectively or only one or a subset of interconnector(
4. s)at this Bidding Zone border as included in the Applicable Bidding Zone Borders (
5. b)the singular indicates the plural and vice versa; (
6. c)references to one gender include all other genders; (
7. d)the table of contents, headings and examples are inserted for convenience only and do not affect the interpretation of the Shadow Allocation Rules; (
8. e)the word “including” and its variations are to be construed without limitation; (
9. f)any reference to legislation, regulations, directive, order, instrument, code or any other enactment shall include any modification, extension or re‐enactment of it then in force; (
10. g)any reference to another agreement or document, or any deed or other instrument is to be construed as a reference to that other agreement, or document, deed or other instrument as amended, varied, supplemented, substituted or novated from time to time; (
11. h)a reference to time is a reference to CET/CEST time unless otherwise specified; (
12. i)where the Allocation Platform is required to publish any information under these Shadow Allocation Rules, it shall do so by making the information or data available on its website and/or via the Auction Tool and /or sending an email to the Registered Participants and (
13. j)when using the term Transmission Rights it refers to Physical Transmission Rights acquired in the Shadow Auction triggered by the fallback procedure. Article 3 Allocation Platform 1. The Allocation Platform shall undertake the allocation functions in accordance with these Shadow Allocation Rules and in accordance with applicable European Union legislation. 2. The Allocation Platform shall run the Shadow Auction for both unforeseen and foreseen unavailability of the single day‐ahead coupling on the concerned Bidding Zone borders. It shall perform the registration process, handle necessary financial risk management, prepare and conduct the Shadow Allocations, provide all necessary information to the Registered Participants and the TSOs and collect payments and/or pay according to these Shadow Allocation Rules. 3. For the sake of clarity, the Allocation Platform hereby enters into a contractual relationship with the Registered Participants. The appointment of a new Allocation Platform shall not affect the rights and obligations resulting from a Shadow Allocation Rules. 4. For the purposes of these Shadow Allocation Rules the Allocation Platform shall be the party signing the Participation Agreement with the Registered Participant. 11 2nd amendment of the

1. For the purpose of the Participation Agreement with the Registered Participant, the Allocation Platform shall publish a consolidated version of these Shadow Allocation Rules thereto as they enter into force in accordance with the applicable national regulatory regimes. In case of a conflict between the consolidated version by the Allocation Platform and the Shadow Allocation Rules as entered into force in accordance with the applicable national regulatory regimes, the latter shall prevail. Article 4 Effective date and application
2. These Shadow Allocation Rules shall enter into force in accordance with the applicable regulatory regimes and thirty

CHAPTER 2 Requirements and process for participation in Shadow Allocation Article 5 General Provision 1. Market participants may acquire a Transmission Right in the day‐ahead market framework via Shadow Auctions only if Shadow Auctions are triggered by a fallback procedure. 2. The participation in Shadow Auctions requires that the market participant: (

1. a)concludes a valid and effective Participation Agreement indicating on which Bidding Zone borders a registration for Shadow Auctions is desired in accordance with Articles 6 to 13; and (
2. b)has access to the Auction Tool in accordance with Article 14; (
3. c)Is compliant with the specific provisions per TSO Border and where applicable per direction, means he has concluded the agreements needed with the concerned TSOs or other legal entities depending on the relevant national legislation to be entitled to nominate the allocated Transmission Rights for the corresponding Bidding Zone borders as published on the website of the Allocation Platform. 3. The participation in Shadow Auctions requires that market participants, in addition to the conditions set forth in the previous paragraph, accept additional financial terms where needed in accordance with Article 15. 4. In any case, market participants have to fulfil the obligations as specified in the relevant Chapters of these Shadow Allocation Rules. Article 6 Participation Agreement conclusion 1. At least nine

Article 7Form and content of the Participation Agreement 1.

The form of the Participation Agreement and the requirements for its completion shall be published by the Allocation Platform and may be amended from time to time by the Allocation Platform without changing any terms and conditions specified in these Shadow Allocation Rules unless otherwise stated in these Shadow Allocation Rules. 2. As a minimum, the Participation Agreement will require the market participant to: (

1. a)provide all necessary information in accordance with Article 8 and 11; and (
2. b)agree to be bound by and comply with these Shadow Allocation Rules. 3. Nothing in these Shadow Allocation Rules shall prevent the Allocation Platform and the Registered Participant from agreeing in the Participation Agreement additional rules, out of the scope of these Shadow Allocation Rules. 4. In the event of difficulty of interpretation, contradiction or ambiguity between these Shadow Allocation Rules and the Participation Agreement, the text of the Shadow Allocation Rules shall prevail. Article 8 Submission of information 1. The market participant shall submit the following information with its completed and signed Participation Agreement: (
3. a)name and registered address of the market participant including general email and telephone number of the market participant for notifications in accordance with Article52; (
4. b)an extract of the registration of the market participant in the commercial register of the competent authority; (
5. c)details regarding the beneficial ownership as defined in the relevant legal provisions transposing Article 3

1. A Registered Participant shall ensure that all data and other information that it provides to the Allocation Platform pursuant to these Shadow Allocation Rules (including information in its Participation Agreement) is and remains accurate and complete in all material respects and must promptly notify the Allocation Platform of any change.
2. A Registered Participant shall notify the Allocation Platform if there is any change to the information, submitted in accordance with paragraph 1 of this Article, at least nine

Article 12

Costs related to the Participation Agreement All applications to become a Registered Participant and any subsequent participation in Shadow Auctions shall be at the Registered Participants’ own cost, expense and risk. The Allocation Platform shall not be liable to any person for any cost, damages, or expense in connection with the Registered Participant participating in Shadow Auctions unless otherwise explicitly stated in these Shadow Allocation Rules. Article 13 Refusal of application The Allocation Platform may refuse to enter into a Participation Agreement with a market participant in the following circumstances: (a) when the applicant has not submitted a duly completed and signed Participation Agreement in accordance with Articles 6, 7 and 8; or (b) the Allocation Platform has previously terminated a Participation Agreement with the applicant as a result of a breach of the Participation Agreement by the Registered Participant in accordance with 50

Conclusion of additional financial terms The Allocation Platform may develop and publish additional standard financial terms to be accepted by the Registered Participants, as long as these additional financial terms comply with the Shadow Allocation Rules. Article 16 Regulatory and legal requirements It is the responsibility of each market participant to ensure that it complies with national and European legislation, including requirements of any relevant competent authority, and obtained all necessary authorizations in connection with its participation in Shadow Auctions and the use of Transmission Rights allocated in the day‐ahead market timeframe. 17 2nd amendment of the

CHAPTER 3 Shadow Auctions Article 17 General provisions for Shadow Auctions

1. Shadow Auctions can be either triggered during a single day‐ahead coupling session when an unforeseeable incident occurs or can be activated in advance if it is known that the single day‐ ahead coupling will not be available for the next sessions. In either case the Allocation Platform will notify as soon as possible the concerned Registered Participants that Shadow Auctions may be triggered.
2. The Allocation Platform shall allocate Transmission Rights to Registered Participants by way of explicit Allocation. The Shadow Auctions shall be organized via the Auction Tool. Each Registered Participant fulfilling the requirements for participating in the Shadow Auction may place default Bids for the Bidding Zone borders for which they are entitled according to Article
3. Article 18 Shadow Auction Process
4. If Shadow Auctions are triggered during a single day‐ahead coupling session, Shadow Auctions may be launched in parallel of the resolution of the problem of the single day‐ahead coupling but the Shadow Auction results will only be considered if a decoupling is declared. The Allocation Platform will inform the concerned Registered Participants that Shadow Auctions may be triggered. Registered Participants have the possibility to enter or modify submitted Bids until the closure ‐ the deadline for entering Bids into daily Shadow Auctions. The Allocation Platform imports the default Bids submitted for Shadow Auctions according to Article 21 and informs Registered Participants that they cannot update their Bids anymore. Results of the Shadow Auctions are not published at this moment. If the decoupling is finally declared, Registered Participants are notified of the results of their Bids according to Article
5. If the activation of the Shadow Auctions is known in advance for one or several daily sessions of the single day‐ahead coupling, the Allocation Platform informs as soon as possible individually, by an email, the Registered Participants that the Shadow Auctions are performed with the corresponding new time schedule. The Offered Capacity for the Shadow Auctions and the information related to the time schedule will be published in the Auction Specification on the Allocation Platform’s Website as specified in Article 19 in order to give the opportunity to Participants to update their Bids according to Articles 20, 21 and
7. The Allocation Platform may under no circumstances be held responsible if it is unable to contact the Registered Participants, or if it is unable to publish an announcement on its website. Article 19 Auction Specification
8. If Shadow Auctions are triggered during a daily session of the single day‐ahead coupling, no Auction Specification is published, only the Offered Capacity is published on the website.
9. If the activation of the Shadow Auctions is known in advance for one or several daily sessions of the single day‐ahead coupling, the Allocation Platform informs as soon as possible the Registered Participants for which daily sessions and for which Bidding Zone borders the Shadow Auctions are performed.
10. The Allocation Platform shall publish the Auction Specification for the Shadow Auctions which are known in advance as soon as possible in order to give the opportunity to Registered Participants to update their Bids according to Article 20, 21 and
11. 18 2nd amendment of the

4. If an Auction Specification is published, they shall state in particular: (

1. a)the code identifying the Auction in the Auction Tool; (
2. b)identification of the Bidding Zone border(
3. s)or a subset of the Interconnectors on the Bidding Zone border and direction covered; (
4. c)the Product Period; (
5. d)The Bidding Period; (
6. e)the deadline for the publication of the provisional Shadow Auction results; (
7. f)the contestation period if the Shadow Auction is decided in advance in accordance with Article 26; (
8. g)the Offered Capacity; (
9. h)any other relevant information or terms applicable to the product or the Shadow Auction. Article 20 Default Bid 1. Registered Participants willing to participate in Shadow Auctions shall via the Auction Tool place default Bids for Shadow Auctions per Bidding Zone border and per direction for which they are entitled as stated in the Participation Agreement. 2. A default Bid, once identified as such by the Registered Participant, shall apply automatically to each subsequent relevant Shadow Auction for a specific Bidding Zone border, period and direction. 3. If a default Bid Quantity or a quantity calculated as a sum of the Bid Quantity for several default Bids submitted for the same hour, Bidding Zone border and direction by a Registered Participant exceeds the relevant Offered Capacity, the Bids with the lowest Bid Price shall be rejected one

(

1. b)it shall identify the Registered Participant submitting the Bid through its EIC code; (
2. c)it shall identify the Bidding Zones border and the direction for which the Bid is submitted; (
3. d)it shall state the Bid Price, which shall be different for each Bid of the same Registered Participant unless otherwise provided for in the Information System Rules, exclusive of taxes and levies, in Euros per MW for one hour of the Product Period, i.e. Euros/MWh, expressed to a maximum of two

optimization function in form of relevant Offered Capacities. The Allocation Platform shall publish additional explanatory information on the optimization function of the algorithm on its website. 4. The Allocation Platform shall determine the Marginal Price at each Bidding Zone border and direction based on the following criteria: (

1. a)if the total quantity of Cross Zonal Capacity for which valid Bids have been submitted is lower than or equal to the relevant Offered Capacity for the relevant Auction, then the Marginal Price shall be zero; (
2. b)if the total quantity of Cross Zonal Capacity for which valid Bids have been submitted exceeds the relevant Offered Capacity for the relevant Auction, the Marginal Price shall be set at the lowest Bid(
3. s)Price(
4. s)allocated in full or in part using the respective Offered Capacities. 5. If two

(

1. c)Marginal Price in EUR/MW per hour; (
2. d)number of Registered Participants participating in the Shadow Auction; (
3. e)number of Registered Participants who placed at least one winning Bid in the Shadow Auction; (
4. f)list of registered Bids without identification of the Registered Participants (bid curve); and (
5. g)Congestion Income Shadow Auctions per Bidding Zone border. 4. At the same time as the publication of the Shadow Auction results the Allocation Platform shall notify via the Auction Tool each Registered Participant who submitted a Bid to a specific Shadow Auction for each Bidding Zone border included in the Shadow Auction at least the following data: (
6. a)allocated Transmission Rights for each hour of the Product Period in MW; (
7. b)Marginal Price in EUR/MW per hour; and (
8. c)due amount for allocated Transmission Rights in Euros, rounded to two decimal places. 5. In the event that the Shadow Auction Tool is unavailable, the Allocation Platform shall inform the Registered Participants of the Auction Results in accordance with CHAPTER 5. Article 26 Contestation of provisional Shadow Auction Results 1. For Shadow Auctions triggered during a daily session of single day‐ahead coupling no contestation of provisional Shadow Auction results is possible. 2. For Shadow Auctions decided in advance, the contestation period will be communicated in the Auction Specifications in accordance with Article 19. 3. The contestation shall be notified to the Allocation Platform and headed as “contestation”. 4. Any contestation shall contain the following: (
9. a)date; (
10. b)identification of contested Shadow Auction; (
11. c)identification of the Registered Participant; (
12. d)name, e‐mail address and telephone number of the Registered Participant; (
13. e)detailed description of the facts and the reason for contestation; and (
14. f)evidence of erroneous Shadow Auction results; 5. The Allocation Platform shall reply to the Registered Participant no later than 1 hour and 30 minutes after the provisional Auction results have been notified to the registered participants. 6. 1 hour and 30 minutes after the provisional Shadow Auction Results have been notified and unless a Shadow Auction is cancelled due to erroneous results, the provisional Shadow Auction results shall be considered as final and binding with no further notification. 7. If the Registered Participant does not contest the provisional auction results within the deadline and under the condition specified above or in the Auction Specification, the Registered Participant shall be irrevocably deemed to renounce to any contestation. After the contestation period, the Shadow Auction results shall be considered as final and binding with no further notification. Article 27 Shadow Auction cancellation 1. In case the Allocation Platform cancels a Shadow Auction, all Bids already submitted and any results of the respective Auction shall be deemed null and void. 22 2nd amendment of the

2. The Allocation Platform shall inform all Registered Participants without undue delay, of the Shadow Auction cancellation by notification published in the Auction Tool and on webpage of Allocation Platform and by e‐mail. 3. A Shadow Auction cancellation may be announced in the following cases: (

1. a)before the Cross Zonal Capacity is deemed to be allocated in case the Allocation Platform faces technical obstacles during the Shadow Auction process like a failure of standard processes; and (
2. b)during the contestation period, in the event of erroneous results due to incorrect Marginal Price calculation or incorrect allocation of Transmission Rights to Registered Participants or similar reasons. 4. In case of Shadow Auction cancellation before the Cross Zonal Capacity is deemed to be allocated, no compensation shall be paid to the Registered Participants. 5. Capacity is deemed to have been allocated to a Registered Participant from the moment the Registered Participant has been informed of the Auction results and the Contestation Period is closed if relevant. 6. The Allocation Platform shall publish on its website, without undue delay, the reasons for the Shadow Auction cancellation. 23 2nd amendment of the

CHAPTER 4 Use of Transmission Rights Article 28 General principles The holder of allocated Transmission Rights may nominate the Transmission Rights for its physical use in accordance with Article 29. The non‐nominated Transmission Rights after nomination deadline are subject to Use It Or Lose It principle and shall not be financially remunerated. Article 29 Day‐Ahead Nomination of Transmission Rights 1. By default, the Registered Participant to Shadow Auctions is designated as Nomination Agent on both sides of the Bidding Zone border for all its allocated Transmission Rights. If allowed by the Day‐Ahead Nomination Rules this designation may however be modified in accordance with this Article. 2. Persons eligible to nominate Transmission Rights shall fulfil the requirement described in applicable Day‐Ahead Nomination Rules. Eligible persons may be the following: (

1. a)the Transmission Rights’ holder; or (
2. b)the person notified by the Transmission Rights’ holder during the Day‐Ahead Nomination process to the respective TSOs in line with the relevant Day‐Ahead Nomination Rules; or (
3. c)the person authorized by the Transmission Rights’ holder to nominate in line with the relevant Day‐Ahead Nomination Rules and notified to the Allocation Platform. 3. The Allocation Platform shall provide on its website an overview of the options listed in paragraph 2 of this Article which are applicable on each Bidding Zone border. 4. For the process of the notification of the eligible persons to the Allocation Platform in accordance with paragraph 2 (
4. c)of this Article, the following criteria should be met: (
5. a)the eligible person shall have an EIC Code in order to allow its identification in the Rights Document; and (
6. b)the Transmission Rights’ holder shall notify the eligible person to the Allocation Platform via the Auction Tool in accordance with the Information System Rules and at the latest one

Rights Document

1. The Rights Document shall contain the information about the volume in MW that eligible persons are entitled to nominate at specific Bidding Zone borders or subsets of interconnectors of Bidding Zone borders and directions and for hourly periods.
2. No later than fifteen

CHAPTER 5 Fallback Procedures Article 32 General provisions 1. The Allocation Platform shall, to the extent reasonably practicable organize a fallback procedure in case of failure of a standard process: (

1. a)introduction of a fallback procedure for data exchange according to Article 33; (
2. b)introduction of a fallback procedure for eligible person notification to the Allocation Platform, according to Article 34. (
3. c)another ad hoc fallback procedure if considered appropriate by the Allocation Platform to overcome any technical obstacles. 2. The Allocation Platform shall inform Registered Participants of possible deviations from the standard processes and the application of a fallback procedure via email and the Allocation Platform’s website and using the Auction Tool. 3. Registered Participants shall immediately inform the Allocation Platform of any observed problems with the use of the Auction Tool and all potential consequences via e‐mail. In case of an urgent problem, which shall be solved immediately and which is identified during Working Hours, the Registered Participant shall immediately contact the Allocation Platform by phone at the telephone number indicated on the website of the Allocation Platform for this type of problems. Article 33 Fallback procedure for data exchange 1. In case of a failure at the site of the Allocation Platform of the standard processes for data exchange via the Auction Tool as described in these Shadow Allocation Rules, the Allocation Platform may inform Registered Participants that a fallback procedure for data exchange may be used as follows: (
4. a)by the applicable deadlines unless otherwise announced by the Allocation Platform the Registered Participant shall request the Allocation Platform by electronic means as specified by the Allocation Platform on its website to enter the relevant data into the Auction Tool by using this fallback procedure for data exchange; (
5. b)with the request the Registered Participant shall provide to the Allocation Platform in the format specified in the Information System Rules the relevant data to be entered in the Auction Tool; (
6. c)the Allocation Platform shall enter the submitted data into the Auction Tool; (
7. d)the Allocation Platform may set in Information System Rules an identification process for the Registered Participant at the moment when the Registered Participant submits the relevant operational or commercial data and requests the Allocation Platform to enter this data into the Auction Tool on its behalf by means of the fallback procedure. If the Registered Participant or the person authorized by the Registered Participant for this purpose does not clearly identify itself, the Allocation Platform shall be entitled not to perform the data entry; (
8. e)the Registered Participant shall provide the Allocation Platform with a telephone number, which can be used in case of a necessary communication; (
9. f)once the Allocation Platform has entered the provided data into the Auction Tool on behalf of the Registered Participant, the Allocation Platform shall inform, without undue delay, the Registered Participant by telephone and/or via e‐mail of the entry; and (
10. g)the Allocation Platform shall under no circumstances be held responsible if it fails to reach 26 2nd amendment of the

the Registered Participant through the means of communication above 2. In case of application of the fallback procedure for data exchange , all necessary information which is made available via the Auction Tool during the standard processes may be distributed to the Registered Participants by the Allocation Platform, by electronic means as specified by the Allocation Platform on its website or where appropriate published on the website of the Allocation Platform. Article 34 Fallback procedure for eligible person notification 1. In case of failure in the standard process of eligible person notification to the Allocation Platform via the Auction Tool as set forth in Article 29, the Allocation Platform may apply the fallback procedure for data exchange in accordance with Article 33. 2. The Allocation Platform shall publish information about the possibility to use the fallback procedure for data exchange in due time before the expiration of the deadline for eligible person notification. 3. In case the fallback procedure for data exchange cannot be executed as necessary to enable the registration of the eligible person, the eligible person shall be deemed notified as set forth in Information System Rules and the Allocation Platform may not be held responsible for the failure of the fallback procedure. 27 CHAPTER 6 Curtailment Article 35 Triggering events and consequences of curtailment on Transmission Rights 1. Transmission Rights allocated in Shadow Auctions shall not be curtailed except in the case of Force Majeure or emergency situation. 2. Each Registered Participant affected by curtailment shall lose its right to nominate for physical use the concerned Physical Transmission Rights. 3. In case of curtailment, the affected Registered Participant is entitled to receive reimbursement according to Articles 38 to 39. Article 36 Process and notification of curtailment 1. In all cases curtailment shall be carried out by the Allocation Platform based on a request by one or more TSO(

1. s)at the Bidding Zone border where Transmission Rights have been allocated. 2. Allocation Platform shall notify the affected holders of Transmission Rights as soon as possible of a curtailment of Transmission Rights, including the triggering event via email, the Auction Tool and on the webpage of the Allocation Platform. The notification shall identify the affected Transmission Rights, the affected volume in MW per hour for each concerned period, the triggering event for curtailment as described in Article 35 and the amount of Transmission Rights that remain after the curtailment. 3. The Allocation Platform shall publish the triggering events for curtailment in accordance with Article 35 including their estimated duration on its website as soon as possible. 4. The curtailment of Transmission Rights during a specific time period shall be applied to all Transmission Rights of the concerned periods on a pro rata basis, depending on when the curtailment takes place, which means in proportion to the held Transmission Rights, regardless of the time of allocation. 5. For each affected Registered Participant, remaining aggregate Transmission Rights which have not been curtailed shall be rounded down to the nearest MW. Article 37 Day Ahead Firmness deadline The Allocation Platform shall publish on its website and take into account for the calculation of compensation for curtailed Transmission Rights the Day Ahead Firmness Deadline as specified in the proposal pursuant to Article 69 of the Commission Regulation (EU) 2015/1222 approved by all concerned NRAs Article 38 Reimbursement for curtailments due to Force Majeure before the Day Ahead Firmness Deadline 1. In the case of Force Majeure before the Day Ahead Firmness Deadline, holders of curtailed Transmission Rights shall be entitled to receive a reimbursement equal to the price of the Transmission Rights set during Transmission Rights Allocation Process, which for each affected hour and Registered 28 Participant shall be calculated as the multiplication of: (
2. a)the Marginal Price of the initial Auction; and (
3. b)the volume in MW per hour corresponding to the difference between the Transmission Rights held by the Registered Participant before and after the curtailment. Article 39 Reimbursement or compensation for curtailments due to Force Majeure and emergency situation after the Day Ahead Firmness Deadline In the event of Force Majeure or an emergency situations after the Day Ahead Firmness Deadline, holders of Transmission Rights shall be entitled to receive a reimbursement in accordance with Article 72 of Commission Regulation (EU) 2015/12221. With reference to reimbursement at market spread, for Italy the relevant day‐ahead spot market price is the daily price related to the Italian internal bidding zone adjacent to the neighboring market involved. 1 29 CHAPTER 7 Invoicing and Payment Article 40 General principles 1. A Registered Participant shall pay the amounts due as calculated in accordance with Article 41 for all Transmission Rights allocated to him. This obligation shall be fulfilled irrespective of any curtailment of all or some of these Transmission Rights in accordance with these Shadow Allocation Rules. 2. The Registered Participant may upon payment use the Cross Zonal Capacity connected with the allocated Transmission Rights as described in these Shadow Allocation Rules only. Any right for physical use of the transmission system in case of a Physical Transmission Rights may be subject to separate agreements between the Registered Participant and the concerned TSOs. 3. All financial information, prices and amounts due shall be expressed and paid in Euros (€) except if deviations are required by applicable law or regulations. 4. The payment shall be settled on the date upon which the given amount is credited to the account of the beneficiary. Any interest for late payment shall be considered as settled on the date when the payment was credited from the account of the payer. 5. The Allocation Platform shall consider taxes and levies at the rate and to the extent applicable when assessing payment obligations and issuing invoices under these Shadow Allocation Rules subject to article 42. 6. The Registered Participant shall provide the Allocation Platform with relevant information for justifying whether or not respective taxes and levies are applicable when signing the Participation Agreement as well as any changes in this respect without undue delay. Article 41 Calculation of due amounts 1. Registered Participants shall pay for each of the Transmission Rights allocated to them and for each individual hour an amount equal to: (
4. a)the Marginal Price (per MW per hour); multiplied by (
5. b)the sum of Transmission Rights in MW allocated in individual hours of the Product Period in accordance with Article 24. 2. The Transmission Rights will be invoiced on a monthly basis. The Allocation Platform shall calculate the due amount to be paid retroactively for the preceding month. The amount due plus any applicable taxes, duties or other charges, shall be rounded to two decimal places. Article 42 Tax Gross‐up 1. Each Registered Participant must make all payments to be made by it under the Shadow Allocation Rules without any tax deduction, unless a tax deduction is required by law. 2. If a tax deduction is required by law to be made by a Registered Participant, the amount of the payment due from the Registered Participant to the Allocation Platform will be increased to an amount which (after making the tax deduction) leaves an amount equal to the payment which would have been due if no tax deduction had been required. 3. Paragraph 2 of this Article does not apply with respect to any tax assessed on the Allocation Platform on any payment received in connection with the Shadow Allocation Rules under the laws of the 30 jurisdiction in which the Allocation Platform is incorporated or, if different, the jurisdiction (or jurisdictions) in which the Allocation Platform is treated as resident for tax purposes or has or is deemed for tax purposes to have a permanent establishment or a fixed place of business to which any payment under the Shadow Allocation Rules is attributable. Paragraph 2 of this Article does not apply to value added tax as provided for in the VAT directive 2006/112/EC as amended from time to time and any other tax of a similar nature. Article 43 Invoicing and payment conditions 1. The payment will be settled at the next fixed invoice date. 2. The Allocation Platform shall issue invoices for payments for all Transmission Rights on a monthly basis and no later than the tenth (10th) Working Day of each month. 3. The invoices shall be issued for the amount due set forth in Article 41 4. The Allocation Platform shall send the invoice only by e‐mail to the Registered Participant at the e‐ mail address of the financial contact person submitted in accordance with Article 8(
6. h)or it should make it available to the Registered Participant via the Auction Tool. The date of issuance of the invoice shall be the date on which the email is sent or the date when the invoice is made available via the Auction Tool if this is done during Working Hours or the next Working Day if sent after Working Hours. 5. In the cases of curtailment of Transmission Rights, the invoices shall take into account any payments to be credited to the Registered Participant. The payments to be credited to the Registered Participants shall: (
7. a)be settled through self‐billing mechanism which shall allow the Allocation Platform to issue invoices in the name and on behalf of the Registered Participant; and (
8. b)be notified through the same invoice as the one used for the payments of the Registered Participant as set forth in paragraph 4 of this Article. 6. The payments due shall be netted by the Allocation Platform taking into account the amount as set forth in paragraph 2 and 5 of this Article. 7. If the balance of the payments as set forth in paragraph 3 and 5 of this Article results in a net payment from the Registered Participant to the Allocation Platform, the Registered Participant shall settle this balance within five

(b) any breach which may have a significant financial impact to the Allocation Platform; the Allocation Platform has reasonable grounds that the Registered Participant no longer satisfies one or more of any other conditions to participate in Shadow Auctions according to these Shadow Allocation Rules unless termination applies according to Article

2. In any case of a minor breach in relation to these Shadow Allocation Rules such as but not limited to the failure of the Registered Participant to notify a change in the submitted information in accordance with Article 8, the Allocation Platform may by notice to the Registered Participant inform the Registered Participant’s that its rights in connection with these Shadow Allocation Rules may be suspended unless the Registered Participant remedies the suspension event in the time period specified in the notice. The suspension shall take effect when the period specified for remedy has elapsed without that such remedy has taken place. After the suspension takes effect in accordance with paragraphs 1 and 2 of this Article, the suspended Registered Participant may no longer participate in Shadow Auction and, unless the payment of the Transmission Right is fully settled by the suspended Registered Participant, the suspended Registered Participant shall not be entitled to use Transmission Rights according to CHAPTER
4. The Allocation Platform may withdraw a notice under paragraphs 1 or 2 of this Article at any time. Having given a notice under paragraphs 1 or 2 of this Article, the Allocation Platform may give a further or other notice at any time in respect of the same or a different suspension event.
5. Once the Registered Participant has fulfilled or remedied the suspension event as notified to it in the notice sent by the Allocation Platform, the Allocation Platform shall reinstate as soon as reasonably practicable the Registered Participant’s rights in relation to use of its allocated Transmission Rights and its ability to participate in Shadow Auctions by written notice to the Registered Participant. As from the date of effect of the reinstatement, the Transmission Rights allocated prior to the suspension and which remain unused may be nominated and the Registered Participant may participate in Shadow Auctions.
6. If the Allocation Platform gives a notice to a Registered Participant under paragraph 1 or 2 of this Article, such notice of suspension does not relieve the Registered Participant from its payment obligations under CHAPTER 7, including its payment obligations in relation to the Transmission Rights for which the Registered Participant loses the right of use pursuant to paragraph
7. Article 50 Termination of the Participation Agreement
8. A Registered Participant may at any time request the Allocation Platform to terminate the Participation Agreement to which the Registered Participant is a Party. The termination shall take effect after thirty

Unless the Allocation Platform remedies the breach within the abovementioned deadline, the termination shall take effect immediately upon expiration of such deadline. A holder of Transmission Rights whose Participation Agreement is terminated under this paragraph is under no obligation to pay remaining instalments for the Transmission Rights’ and is entitled to a refund to the extent that any instalment includes an amount in respect of use after the date of termination, to be calculated pro‐rata from the date termination takes effect.

1. If any of the termination events in paragraph 4 occurs in relation to a Registered Participant, the Allocation Platform may by notice to the Registered Participant terminate the Participation Agreement, including the Registered Participant’s rights connected with these Shadow Allocation Rules. A termination under this paragraph takes effect from the time of the notice or any later time specified in it. The Registered Participant may not at a later stage enter into the Participation Agreement with the Allocation Platform until the circumstances of termination continue to exist or it is not sufficiently guaranteed that the breach may not occur again.
2. The termination events referred to in paragraph 3 shall be the following: (a) if the rights of the Registered Participant are suspended for longer than thirty

to the other Party a notification describing the nature of Force Majeure and its probable duration and shall continue to furnish reports with respect thereto with reasonable frequency during the period of Force Majeure. The Party invoking the Force Majeure shall make every possible effort to limit the consequences of the Force Majeure. The affected obligations, duties and rights of a Party subject to Force Majeure shall be suspended from the beginning of Force Majeure, with the exception of the confidentiality provisions in accordance with Article

2. Suspension under paragraph 2 is subject to the following: (a) suspension will be of no greater scope and of no longer duration than is required by the Force Majeure; (b) the suspension applies only for so long as the Party invoking to Force Majeure is using reasonable efforts to remedy their inability to perform.
3. The consequences of a Force Majeure event, which is not subject to any discussion or litigati