Approval of terms and conditions or methodologies of TSOs
Article 6
1. Each regulatory authority shall approve the terms and conditions or methodologies developed by TSOs under paragraphs 2 and 3. The entity designated by the Member State shall approve the terms and conditions or methodologies developed by TSOs under paragraph 4. The designated entity shall be the regulatory authority unless otherwise provided by the Member State. 2. The proposals for the following terms and conditions or methodologies shall be subject to approval by all regulatory authorities of the Union, on which a Member State may provide an opinion to the concerned regulatory authority: (a) key organizational requirements, roles and responsibilities in relation to data exchange related to operational security in accordance with Article 40(6); (b) methodology for building the common grid models in accordance with Article 67(1) and Article 70; (c) methodology for coordinating operational security analysis in accordance with Article 75. 3. The proposals for the following terms and conditions or methodologies shall be subject to approval by all regulatory authorities of the concerned region, on which a Member State may provide an opinion to the concerned regulatory authority: (a) methodology for each synchronous area for the definition of minimum inertia in accordance with Article 39(3)(b); (b) common provisions for each capacity calculation region for regional operational security coordination in accordance with Article 76; (c) methodology, at least per synchronous area, for assessing the relevance of assets for outage coordination in accordance with Article 84; (d) methodologies, conditions and values included in the synchronous area operational agreements in Article 118 concerning: (i) the frequency quality defining parameters and the frequency quality target parameter in accordance with Article 127; (ii) the dimensioning rules for FCR in accordance with Article 153; (iii) the additional properties of the FCR in accordance with Article 154(2); (iv) for the GB and IE/NI synchronous areas, the measures to ensure the recovery of energy reservoirs in accordance with Article 156(6)(b); (v) for the CE and Nordic synchronous areas, the minimum activation period to be ensured by FCR providers in accordance with Article 156(10); (vi) for the CE and Nordic synchronous areas, the assumptions and methodology for a cost-benefit analysis in accordance with Article 156(11); (vii) for synchronous areas other than CE and if applicable, the limits for the exchange of FCR between TSOs in accordance with Article 163(2); (viii) for the GB and IE/NI synchronous areas, the methodology to determine the minimum provision of reserve capacity on FCR between synchronous areas, defined in accordance with Article 174(2)(b); (ix) limits on the amount of exchange of FRR between synchronous areas defined in accordance with Article 176(1) and limits on the amount of sharing of FRR between synchronous areas defined in accordance with Article 177(1); (x) limits on the amount of exchange of RR between synchronous areas defined in accordance with Article 178(1) and limits on the amount of sharing of RR between synchronous areas defined in accordance with Article 179(1); (e) methodologies and conditions included in the LFC block operational agreements in Article 119, concerning: (i) ramping restrictions for active power output in accordance with Article 137(3) and (4); (ii) coordination actions aiming to reduce FRCE as defined in Article 152(14); (iii) measures to reduce FRCE by requiring changes in the active power production or consumption of power generating modules and demand units in accordance with Article 152(16); (iv) the FRR dimensioning rules in accordance with Article 157(1); (f) mitigation measures per synchronous area or LFC block in accordance with Article 138; (g) common proposal per synchronous area for the determination of LFC blocks in accordance with Article 141(2). 4. Unless determined otherwise by the Member State, the following terms and conditions or methodologies shall be subject to individual approval by the entity designated in accordance with paragraph 1 by the Member State: (a) for the GB and IE/NI synchronous areas, the proposal of each TSO specifying the level of demand loss at which the transmission system shall be in the blackout state; (b) scope of data exchange with DSOs and significant grid users in accordance with Article 40(5); (c) additional requirements for FCR providing groups in accordance with Article 154(3); (d) exclusion of FCR providing groups from the provision of FCR in accordance with Article 154(4); (e) for the CE and Nordic synchronous areas, the proposal concerning the interim minimum activation period to be ensured by FCR providers as proposed by the TSO in accordance with Article 156(9); (f) FRR technical requirements defined by the TSO in accordance with Article 158(3); (g) rejection of FRR providing groups from the provision of FRR in accordance with Article 159(7); (h) technical requirements for the connection of RR providing units and RR providing groups defined by the TSO in accordance with Article 161(3); and (i) rejection of RR providing groups from the provision of RR in accordance with Article 162(6). 5. Where an individual relevant system operator or TSO is required or permitted under this Regulation to specify or agree on requirements that are not subject to paragraph 4, Member States may require prior approval by the competent regulatory authority of these requirements. 6. The proposal for terms and conditions or methodologies shall include a proposed timescale for their implementation and a description of their expected impact on the objectives of this Regulation. Proposals on terms and conditions or methodologies subject to the approval by several or all regulatory authorities shall be submitted to the Agency at the same time that they are submitted to regulatory authorities. Upon request by the competent regulatory authorities, the Agency shall issue an opinion within 3 months on the proposals for terms and conditions or methodologies. 7. Where the approval of the terms and conditions or methodologies requires a decision by more than one regulatory authority, the competent regulatory authorities shall consult and closely cooperate and coordinate with each other in order to reach an agreement. Where the Agency issues an opinion, the competent regulatory authorities shall take that opinion into account. Regulatory authorities shall take decisions concerning the submitted terms and conditions or methodologies in accordance with paragraphs (2) and (3), within 6 months following the receipt of the terms and conditions or methodologies by the regulatory authority or, where applicable, by the last regulatory authority concerned. 8. Where the regulatory authorities have not been able to reach an agreement within the period referred to in paragraph 7 or upon their joint request, the Agency shall adopt a decision concerning the submitted proposals for terms and conditions or methodologies within 6 months, in accordance with Article 8(1) of Regulation (EC) No 713/2009. 9. Where the approval of the terms and conditions or methodologies requires a decision by a single designated entity in accordance with paragraph 4, the designated entity shall reach a decision within 6 months following the receipt of the terms and conditions or methodologies. 10. Any party can complain against a relevant system operator or TSO in relation to that relevant system operator's or TSO's obligations or decisions under this Regulation and may refer the complaint to the regulatory authority which, acting as dispute settlement authority, shall issue a decision within 2 months after receipt of the complaint. That period may be extended by a further 2 months where additional information is sought by the regulatory authority. That extended period may be further extended with the agreement of the complainant. The regulatory authority's decision shall be binding unless and until overruled on appeal.