Rules for suspension and restoration of market activities
Article 36
1. By 18 December 2018, each TSO shall develop a proposal for rules concerning the suspension and restoration of market activities. 2. The TSO shall publish these rules on its website following their approval by the relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC. 3. The rules for suspension and restoration of market activities shall be compatible to the extent possible with: (a) the rules on provision of cross zonal capacity within the concerned capacity calculation regions; (b) the rules for submission by balancing service providers of balancing capacity and balancing energy bids resulting from arrangements with other TSOs for the coordination of balancing; (c) the rules for provision by balance responsible party of a balanced position at the end of day-ahead timeframe if required by the terms and conditions related to balancing; (d) rules for provision of modifications of the position of balance responsible parties; and (e) the rules for provision of schedules referred to in Article 111(1) and (2) of Regulation (EU) 2017/1485. 4. When developing the rules for suspension and restoration of market activities, each TSO shall convert the situations referred to in Article 35(1) into objectively defined parameters taking into account the following factors: (a) the percentage of load disconnection in the LFC area of the TSO corresponding to: (i) the inability of a significant share of balancing responsible parties to maintain their balance; or (ii) the necessity for the TSO not to follow the usual balancing processes to perform an efficient re-energisation; (b) the percentage of generation disconnection in the LFC area of the TSO corresponding to the inability of a significant share of balancing responsible parties to maintain their balance; (c) the share and geographic distribution of unavailable transmission system elements corresponding to: (i) the desynchronisation of a significant part of the LFC area rendering the usual balancing processes counterproductive; or (ii) the reduction to zero of cross zonal capacity on a bidding zone border(s); (d) the inability of the following affected entities to execute their market activities for reason(s) outside their control: (i) balance responsible parties; (ii) balancing service providers; (iii) NEMOs and other entities assigned or delegated to execute market functions pursuant to Regulation (EU) 2015/1222; (iv) transmission connected DSOs; (e) the absence of properly functioning tools and communication means necessary to perform: (i) the single day-ahead or intraday coupling or any explicit capacity allocation mechanism; or (ii) the frequency restoration process; or (iii) the reserve replacement process; or (iv) the provision by balance responsible party of a balanced position in day ahead and the provision of change of its position; or (v) the provision of schedules referred to in Article 111(1) and (2) of Regulation (EU) 2017/1485. 5. The rules for suspension and restoration of market activities shall define a time delay to be respected for each parameter defined pursuant to paragraph 4, prior to starting the procedure for suspension of market activities. 6. The concerned TSO shall assess in real-time the parameters defined pursuant to paragraph 4, on the basis of the information at its disposal. 7. By 18 December 2020, ENTSO for Electricity shall submit to the Agency a report assessing the level of harmonisation of the rules for suspension and restoration of market activities established by the TSOs and identifying, as appropriate, areas that require harmonisation. 8. By 18 June 2019, each TSO shall submit to ENTSO for Electricity the data required to prepare and submit the report in accordance with paragraph 7.