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

Article 9

Article 9

the bid prices of the market participants and is thus market-based. Compared with other fallback procedure options, pricing of capacity allocated by Shadow Auctions reflects better its actual value, ensuring an efficient allocation. The Local MGP, as well as SDAC, allocates cross-zonal capacities between Italian Internal Bidding Zones in an implicit manner, thus allowing a simultaneous allocation of capacity and energy, without loss of efficiency in switching from an implicit allocation to an explicit allocation. Article 3(j) of the CACM Regulation aims at providing non-discriminatory access to cross-zonal capacity. Both the Italy Sud-Greece Fallback Procedure and the Italian Internal Bidding Zones Fallback Procedure ensure a transparent and non-discriminatory approach towards facilitating cross-zonal capacity allocation in the event that the SDAC is unable to produce results. 4 GENERAL PROVISIONS Article 1 Subject matter and scope 1. The robust and timely fallback procedures, as determined in this GRIT Fallback Procedures, developed for GRIT CCR in accordance with Article 44 of the CACM Regulation, are the procedures required to ensure efficient, transparent and nondiscriminatory capacity allocation in the event that the SDAC is unable to produce results. 2.

Article 50

of the CACM Regulation, the fallback procedure shall be initiated in the event that all NEMOs performing MCOs functions are unable to deliver part or all of the results of the price coupling algorithm in a timely manner. Article 2 Definitions

1. For the purpose of the GRIT Fallback Procedures, the terms used shall have the meaning given to them in Article 2 of the CACM Regulation and in Article 2 of the Regulation (EU) 2016/1719 on forward capacity allocation (hereinafter referred to as
2. In addition, the following definitions and abbreviations shall apply: a. Grid is the grid code prepared by the Italian TSO (Terna) which includes the rules of operation of the Italian electrical system; b. Intraday Market are the implicit auctions of the intraday market for Italian bidding zone borders; they will coincide with Complementary Regional Intraday Auctions, once implemented

Article 63

of the CACM Regulation, and with Pan-European Intraday Auctions once implemented for the capacity pricing pursuant to Article 55 of the CACM Regulation; c. Market are the rules developed by the designated NEMO in Italy which include the rules of interaction with the market participants at national level; they include both the general Discipline and the relative Technical Provisions Tecniche di d. is the Italian Local Day-Ahead Market executed by the designated NEMO in Italy as local day-ahead spot market; e. is the dispatching market in Italy executed for the procurement of the ancillary services; f. is the Single Day-Ahead Coupling process in accordance with the CACM Regulation; g. Allocation the Shadow Auctions; h. means the explicit auction executed by the Allocation Platform during which daily cross-zonal capacity is offered as a fallback are the rules applied by the Allocation Platform for 5 procedure for the SDAC and allocated to the market participants who submit bid(s). 3. The GRIT CCR includes the Italy SUD-Greece (SUD-GR) bidding zone border and the Internal Italian bidding zone borders, as per the definition adopted in accordance with Article 15 of the CACM Regulation. 4. In this GRIT Fallback Procedures, unless the context requires otherwise:

1. a)the singular indicates the plural and vice versa;
2. b)headings are inserted for convenience only and do not affect the interpretation of this proposal;
3. c)references to an are, unless otherwise stated, references to an Article of this GRIT Fallback Procedures;
4. d)references to a are, unless otherwise stated, references to a paragraph included in the same Article of this GRIT Fallback Procedures where it is mentioned; and
5. e)any reference to legislation, regulations, directives, orders, instruments, codes or any other enactment shall include any modification, extension or re-enactment of it when in force. GRIT FALLBACK PROCEDURES Article 3 Initiation of Italy Sud-Greece Fallback Procedure 1. As soon as the NEMOs inform the TSOs of Italy Sud-Greece (SUD-GR) bidding zone border of the risk that SDAC may be unable to produce results, or, if such information is not available from NEMOs, as soon as this risk is known by those TSOs, the latter shall initiate the Italy Sud-Greece Fallback Procedure. 2. The Italy Sud-Greece Fallback Procedure consists of executing Shadow Auctions on the Allocation Platform for the Italy Sud-Greece bidding zone border except if one of the situations specified in Article 4 applies. 3. In order to ensure that the results of the Shadow Auctions are provided to the market participants on time, the execution of Shadow Auctions on the Allocation Platform can be launched as a parallel process in the background of the SDAC as soon as the information given in paragraph 1 is known by the TSOs. 4. The results of the Shadow Auctions are sent to the market participants as soon as the unavailability of single day-ahead coupling results is effectively confirmed by the NEMOs, and no later than 14:28 market time day-ahead. 5. When the conditions described in paragraph 1 are met, Shadow Auctions can be held seven days a week, including weekends and public holidays, provided that the offered capacity for Shadow Auctions is at least one MW unit. 6. The execution of Shadow Auctions is based on the version of the Shadow Allocation Rules included in Annex 1. These rules in the framework of the GRIT Fallback Procedures are only relevant for the Italy Sud-Greece (SUD-GR) bidding zone border. 6 Article 4 Italy Sud-Greece Fallback Procedure unable to be initiated 1. If the data exchanges cannot be performed through the standard processes by the applicable deadlines defined by the Allocation Platform for the execution of Shadow Auctions, relevant fallback procedures for these data exchange shall be used in accordance with the Shadow Allocation Rules. The latter consist in exchanging data by e-mail with the Allocation Platform. 2. If the Italy Sud-Greece Fallback Procedure cannot be implemented as necessary to enable a Shadow Auction to be conducted on time, the Shadow Auction is postponed based on a decision of the Allocation Platform. 3. If none of the above measures is considered by the Allocation Platform as being possible, the Shadow Auction is cancelled, and all bids already submitted are automatically deemed null and void, based on objective grounds and in compliance with the Shadow Allocation Rules. 4. When the SDAC is declared failed and the associated Italy Sud-Greece Fallback Procedure is, also, cancelled, the daily offered capacity is allocated to the subsequent intraday allocation processes relevant for that border, where applicable. Article 5 Fallback Procedure between Italian Internal Bidding Zones 1. In case the SDAC is not able to produce results for the Italian Internal Bidding Zones by 14:20 market time day-ahead, the SDAC failure is declared and the Italian Internal Bidding Zones Fallback Procedure is activated. 2. When the conditions described in paragraph 1 are met, the SDAC is replaced by the Local MGP. The Local MGP performs the simultaneous allocation of energy and cross-zonal capacities between Italian Internal Bidding Zones, using PCR Market Coupling Algorithm or, in case this algorithm is not able to produce results, using the spot market algorithm developed at national level and entered into force before Italy joined the PCR project. 3. The Local MGP is executed with the following steps:
6. a)No later than 14:20 market time day-ahead: SDAC failure is declared and market participants are informed that the Local MGP as local market will be executed and that bids/asks already submitted are still valid;
7. b)10 minutes after the SDAC failure is declared: The designated NEMO in Italy reopens the order books for 20 minutes to enable the market participants to adapt their orders;
8. c)by no later than 17:00 market time day-ahead: publication of the Local MGP results. When the Italian Internal Bidding Zones Fallback Procedure is activated, the Italian Intraday Market Sessions scheduled before MSD can be cancelled or postponed. 7 Article 6 Italian Internal Bidding Zones Fallback Procedure unable to be initiated 1. In case of unavailability of Local MGP results until 17:00 market time day-ahead, the provisions contained within the Italian Grid Code, with reference to the cases in which the day-ahead results for the energy market are not available, shall apply. Article 7 Modifications 1. Any amendment or modification occurred on the Italian Grid Code and/or to the Italian Market Rules having an impact on the GRIT Fallback Procedures shall imply a request for amendment of the GRIT Fallback Procedures,

Article 9(13) of the CACM Regulation.

FINAL PROVISIONS Article 8 Implementation

1. The procedures described in Articles 5 and 6 shall be applicable as from the approval of all NRAs of GRIT CCR. Article 9 Language
2. The reference language for this GRIT Fallback Procedures is English. For the avoidance of doubt, where TSOs need to translate this GRIT Fallback Procedures into their national language(s), in the event of inconsistencies between the English version published by TSOs in accordance with Article 9

these Shadow Allocation Rules.

1. 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.
2. For the purposes of these Shadow Allocation Rules the Allocation Platform shall be the party signing the Participation Agreement with the Registered Participant.
3. 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 Regional specificities
4. Regional or border specificities may be introduced for one or more Bidding Zone borders. Such regional or border specificities shall enter into force in accordance with the applicable national regulatory regime and be attached as annexes to these Shadow Allocation Rules. In case of amendment to these annexes based on a decision of the relevant National Regulatory Authorities, Article 47 shall apply.
5. If there is In case of inconsistency between any of the provisions in the main body of these Shadow Allocation Rules and the regional or border specific annexes, the provisions in the annexes shall prevail. Article 5 Effective date and application
6. These Shadow Allocation Rules shall enter into force in accordance with the applicable regulatory regimes and thirty

Article 21. Article 19 Shadow Auction Process 1.

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

Article 22and 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

Article 26

. 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 20 in order to give the opportunity to Participants to update their Bids

Articles 21, 22 and

2. 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 20 Auction Specification
3. 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.
4. 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. P a g e 13 | 44
5. 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

Article 21, 22 and 23.

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 27; (
8. g)the OfferedCapacity; (
9. h)any other relevant information or terms applicable to the product or the Shadow Auction. Article 21 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

the information published in the relevant Auction Specification. A Registered Participant not wishing to submit the default Bid on the Auction Tool for future Shadow Auctions shall set the Bid Quantity and the Bid Price of its default Bids to zero before the subsequent launch of a Shadow Auction. P a g e 14 | 44 Article 22 Bids submission 1. The Registered Participant shall submit a default Bid or set of default Bids to the Allocation Platform in accordance with Article 21 the following requirements: (

1. a)it shall be submitted electronically using the Auction Tool and can be modified before the launch of a Shadow Auction; (
2. b)it shall identify the Registered Participant submitting the Bid through its EIC code; (
3. c)it shall identify the Bidding Zones border and the direction for which the Bid is submitted; (
4. d)it shall state the Bid Price, which shall be different for each Bid of the same Registered Participant, 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

item (

1. a)above, the request of this Registered Participant shall be fully satisfied; (
2. c)in case the requested quantity of Transmission Rights by a Registered Participant at Marginal Price exceeds the share calculated

item (a) above, the request of this Registered Participant shall be satisfied up to the amount of the share as calculated

item (

1. a)above; (
2. d)any remaining Cross Zonal Capacity after the allocation

items (

1. b)and (
2. c)shall be divided by the number of the Registered Participants whose requests have not been fully satisfied and allocated to them applying the process described in items (a), (
3. b)and (
4. c)above. 6. Bidding Zone borders with existing a ramping constraints should consider these constraints within their Shadow Auction. These applied constrains are listed in the Border Specific Annexes. 7. Whenever the calculation set forth in paragraphs 3 of this Article does not result in a whole MW amount in accordance with Article 22 the Transmission Rights shall be rounded down to the nearest full MW. The case when Transmission Rights allocated to individual Registered Participants are equal o zero after rounding shall not impact the Marginal Price determination. P a g e 16 | 44 Article 26 Notification of Shadow Auction results 1. The Transmission Rights are deemed to have been allocated to a Registered Participant from the moment the Registered Participant has been informed of the Results and, where applicable, at the latest 1 hour and 30 minutes after the provisional Auction results are notified in accordance with Article 27. 2. The Allocation Platform shall publish on its website the Shadow Auction results as soon as decoupling is finally declared, no later than at 2:20 p.m. on the preceding delivery day Auction results have been determined

Article 25

. For Shadow auctions known in advance, results will be published accordingly to article 20. 3. The publication of the Shadow Auction results for each Bidding Zone border included in the Shadow Auction shall comprise at least the following data: (

1. a)total requested Transmission Rights in MW; (
2. b)total allocated Transmission Rights in MW; (
3. c)Marginal Price in EUR/MW per hour; (
4. d)number of Registered Participants participating in the Shadow Auction; (
5. e)number of Registered Participants who placed at least one winning Bid in the Shadow Auction; (
6. f)list of registered Bids without identification of the Registered Participants(bid curve); and (
7. 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: (
8. a)allocated Transmission Rights for each hour of the Product Period in MW; (
9. b)Marginal Price in EUR/MW per hour; and (
10. 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 accordance with CHAPTER 5. Article 27 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 20. 3. The contestation shall be notified to the Allocation Platform and headed as “contestation”. 4. Any contestation shall contain the following: (
11. a)date; (
12. b)identification of contested Shadow Auction; (
13. c)identification of the Registered Participant; P a g e 17 | 44 (
14. d)name, e‐mail address and telephone number of the Registered Participant; (
15. e)detailed description of the facts and the reason for contestation; and (
16. 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 28 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. 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: (
17. 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 (
18. 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. P a g e 18 | 44 CHAPTER 4 Use of Transmission Rights Article 29 General principles The holder of allocated Transmission Rights may nominate the Transmission Rights for its physical use in accordance with Article 30. The non‐nominated Transmission Rights after nomination deadline are subject to Use It Or Lose It principle and shall not be financially remunerated. Article 30 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: (
19. a)the Transmission Rights’ holder; or (
20. 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 (
21. 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 (
22. c)of this Article, the following criteria should be met: (
23. a)the eligible person shall have an EIC Code in order to allow its identification in the Rights Document; and (
24. 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

the following the process: (

1. a)the initial TSO designation is defined, by the Registered Participant when signing the Participation Agreement; (
2. b)this designation may however be modified in accordance with the form published on the website of the Allocation Platform; and (
3. c)the Notification of the modification of the TSO designation must be made to the Allocation Platform no later than 9 Working Days before the start of the delivery period P a g e 20 | 44 CHAPTER 5 Fallback Procedures Article 33 General provisions 1. The Allocation Platform shall, to the extent reasonably practicable organize a fallback procedure in case of failure of a standard process: (
4. a)introduction of a fallback procedure for dataexchange

Article 34

; (b) introduction of a fallback procedure for eligible person notification to the Allocation Platform,

Article 35

. (

1. 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 electronic means as specified by the Allocation Platform on its website and using the AuctionTool. 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 electronic means as specified by the Allocation Platform on its website. 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 34 Fallback procedure for dataexchange 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: (
2. 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 dataexchange; (
3. 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; (
4. c)the Allocation Platform shall enter the submitted data into the Auction Tool; (
5. 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; (
6. e)the Registered Participant shall provide the Allocation Platform with a telephone number, which can be used in case of a necessary communication; (
7. 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 electronic means as specified by the Allocation Platform on its website of the entry; and P a g e 21 | 44 (
8. g)the Allocation Platform shall under no circumstances be held responsible if it fails to reach 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 35 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 30, the Allocation Platform may apply the fallback procedure for data exchange in accordance with Article 34. 2. The Allocation Platform shall publish information about the possibility to use the fallback procedure for dataexchange 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. P a g e 22 | 44 CHAPTER 6 Curtailment Article 36 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

Articles 39 to 40 . Article 37 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 electronic means as specified by the Allocation Platform on its website, 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 36 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 36 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 38 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 P a g e 23 | 44 Article 39 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 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 40 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 situation 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) 2015/1222 and as specified in the Border Specific Annexes. P a g e 24 | 44 CHAPTER 7 Invoicing and Payment Article 41 General principles 1. A Registered Participant shall pay the amounts due as calculated in accordance with Article 42 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 43. 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. Therefore, the Registered Participant agrees to inform the Allocation Platform of any local, intra‐community or extra‐community taxes and levies which are in line with the legislation of the Registered Participant’s country of establishment. Article 42 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 25. 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 43 Tax Gross‐up 1. Each Registered Participant settle all payments with respect to 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. P a g e 25 | 44 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 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/EU as amended from time to time and any other tax of a similar nature. Article 44 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 42 4. The Allocation Platform shall send the invoice only via electronic means as specified by the Allocation Platform on its website to the Registered Participant at the email address of the financial contact person submitted in accordance with Article 9(
6. i)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 invoice is sent by electronic means as specified by the Allocation Platform on its website 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

Article 42

the Registered Participant in case that the amount paid by the Registered Participant as set forth in Article 44 was higher or the amount paid by the Allocation Platform was lower than the due amount. The Allocation Platform shall make the payment to the bank account indicated by the Registered Participant for this reimbursement in accordance with Article 9. (b) the Registered Participant shall pay any amount including interest to be calculated

Article 42

to the Allocation Platform in case that the amount paid by the Registered Party as set forth in Article 44 was lower than the due amount. The Registered Participant shall make the payment in accordance with the procedure set forth in Article

2. The interest paid in case of a payment in accordance with paragraph 4 of this Article shall be applied from the first (1st) day following the date on which the payment was due up to the date on which the disputed amount was refunded and it shall apply also to all taxes and levies required by law. P a g e 27 | 44 Article 46 Late payment and payment incident
3. In case the Registered Participant has not fully paid an invoice by the due date specified on the invoice, the Allocation Platform shall notify the Registered Participant that a payment incident will be registered if the amount including applicable interest due is not received within three

the Rules of Arbitration of the Chamber of Commerce shall not apply but the interim or injunctive relief measures under the governing law shallapply.

1. Arbitration awards shall be final and binding on the Allocation Platform and the relevant Registered Participant as from the date that they are made. The Allocation Platform and the Registered Participant shall carry out any award of an arbitrator relating to any dispute without delay and each waive their right to any form of appeal or recourse to a court of law or other judicial authority, in so far as such waiver may validly be made.
2. Notwithstanding paragraphs 3 and 4 of this Article, the Parties may jointly agree to apply court proceedings instead of arbitration to settle a dispute arisen in connection with these Shadow Allocation Rules.
3. In cases of late payment and notwithstanding Article 46 and paragraphs 1 to 4 of this Article, a Party may bring court proceedings against the other Party for any amount due under or in connection with these Shadow Allocation Rules and unpaid for more than twenty

these Shadow Allocation Rules unless termination applies

Article 51

; and (d) If the Registered Participant is under economic and trade sanctions which may have a significant impact to the Allocation Platform. P a g e 31 | 44 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 9, 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

CHAPTER

2. 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.
3. 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.
4. 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
5. Article 51 Termination of the Participation Agreement
6. 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