Based on the COMMISSION REGULATION (EU) 2017/2196 of 24 November 2017 establishing a guideline on electricity balancing (hereafter “the Regulation”), it is necessary to implement it in national legislation.

ČEPS as an assigned entity by the Regulation and OTE as an assigned entity by the legislation of the Czech Republic, notably by the Energy Act 458/2000 Coll., §20 (4a,4l), to settle imbalances in the whole area of the Czech Republic, launch the public consultation process on the imbalance settlement and settlement of balancing energy in case of suspension of market activities under the Article 4 (2f).

The draft of terms and conditions for balance responsible parties related to Article 4 (2f) of the Regulation are based on the relevant provisions of the currently applicable legislation, in particular Regulation No. 408/2015 Coll. on the Electricity Market Rules as amended by Regulation No. 127/2017 Coll. and, for further explanation, also on the Business Terms for the Power Sector, the text of which is attached in the Annex.

To avoid any doubt, this is a consultation process only to those relevant provisions that affect the conditions under the Article 4 (2f) of the Regulation.

The public consultation process will follow these rules:

1. The comments, suggestions, and proposals for amendment of the presented draft of terms and conditions can be submitted via the e-mail address vkp@ote-cr.cz with the subject "VKP - REGULATION 2017/2196".
2. The comments and proposals for amendment must be sent by 10.10.2018.
3. Comments submitted after the deadline will not be taken into account.
4. The comments, suggestions and proposals for amendment will be submitted in Czech language.
5. Anyone whose legitimate interests may be directly affected by the draft may submit the comments and proposals for amendment.
6. The comments and proposals for amendment must be sent in the form of:
   • the letter of Article 4 (2f) of the regulation to which the comment or proposal for amendment relates,
   • the reason why the draft is detrimental to the legitimate interests of the sender,
   • the comment or proposal for amendment,
   • the justification for the comment or proposal for amendment,
   • possibly sender’s alternative solutions.
7. All the comments and proposals for amendment will be considered as public.
8. All the comments and proposals for amendment will be published on the website of OTE, a.s. without the sender's designation after the public consultation process ends.
9. OTE, a.s. will evaluate the received comments and proposals for amendment and the relevant comments will be taken into account in the next procedure.

Attached documents: 

• Consultation Article 4.pdf (Czech only)
• Feedback form.xlsx (Czech only)