Reviewing existing bidding zone configurations
Article 32
1. A review of an existing bidding zone configuration may be launched by: (a) the Agency, in accordance with Article 34(7); (b) several regulatory authorities, pursuant to a recommendation from the Agency in accordance with Article 34; (c) TSOs of a capacity calculation region, together with all concerned TSOs whose control areas, including interconnectors, are within the geographic area in which the bidding zone configuration shall be assessed in accordance with paragraph 2(a); (d) one single regulatory authority or TSO with the approval of its competent regulatory authority, for the bidding zones inside the TSO's control area, if the bidding zone configuration has negligible impact on neighbouring TSOs' control areas, including interconnectors, and the review of bidding zone configuration is necessary to improve efficiency, or to maintain operational security; (e) Member States in a capacity calculation region. 2. If a review is launched in accordance with paragraph 1(a),(b), (c) or (e), the entity launching the review shall specify: (a) the geographic area in which bidding zone configuration shall be assessed and the neighbouring geographic areas for which impacts shall be taken into account; (b) the participating TSOs; (c) the participating regulatory authorities. 3. If a review is launched in accordance with paragraph 1(d), the following conditions shall apply: (a) the geographic area in which bidding zone configuration is assessed shall be limited to the control area of the relevant TSO, including interconnectors; (b) the TSO of the relevant control area shall be the only TSO participating in the review; (c) the competent regulatory authority shall be the only regulatory authority participating in the review; (d) the relevant TSO and regulatory authority, respectively, shall give the neighbouring TSOs and regulatory authorities mutually agreed prior notice of the launch of the review, giving reasons; and (e) the conditions for the review shall be specified, and the results of the review and proposal for the relevant regulatory authorities shall be published. 4. The review process shall consist of two steps. (a) In the first step, the TSOs participating in a review of bidding zone configuration shall develop the methodology and assumptions that will be used in the review process and propose alternative bidding zone configurations for the assessment. The proposal on methodology and assumptions and alternative bidding zone configuration shall be submitted to the participating regulatory authorities, which shall be able to require coordinated amendments within three months. (b) In the second step, the TSOs participating in a review of bidding zone configuration shall: (i) assess and compare the current bidding zone configuration and each alternative bidding zone configuration using the criteria specified in Article 33; (ii) hold a consultation in accordance with Article 12 and a workshop regarding the alternative bidding zone configuration proposals compared to the existing bidding zone configuration, including timescales for implementation, unless the bidding zone configuration has negligible impact on neighbouring TSOs' control areas; (iii) submit a joint proposal to maintain or amend the bidding zone configuration to the participating Member States and the participating regulatory authorities within 15 months of the decision to launch a review. (c) On receiving the joint proposal to maintain or to amend the bidding zone configuration in accordance with point (iii) above, the participating Member States or, where provided by Member States, the regulatory authorities shall within six months reach an agreement on the proposal to maintain or amend the bidding zone configuration. 5. NEMOs or market participants shall, if requested by TSOs, provide the TSOs participating in a review of a bidding zone with information to enable them to assess bidding zone configurations. This information shall be shared only between the participating TSOs for the sole purpose of assessing bidding zone configurations. 6. The initiative for the review of the bidding zones configuration and its results shall be published by ENTSO for Electricity, or if the review was launched in accordance with paragraph 1(d), by the participating TSO.