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CONNECTION CONTRACT
!! FOR INFORMATION PURPOSES ONLY !!
Contract reference: [•]
Between:
[•], a company established under [•], whose registered offices are located at [•], company
registration number [•], validly represented by [•] and [•], in the capacity of [•] and [•],
Referred to hereinafter as the “Grid User”
And:
Elia System Operator N.V., a company established under Belgian law, whose registered offices
are located at 1000 Brussels, Keizerslaan 20, company registration number B.T.W.-BE-
0476.388.378-RPR Brussels,
Validly represented by [•], in the capacity of [•],
Referred to hereinafter as “Elia”;
Elia and/or the Grid User may also each be referred to as the “Party” or jointly as the “Parties”.
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Whereas:
- Elia holds the property rights to, or at least the rights to use or operate, the largest portion of the
Belgian high voltage and very high voltage electricity grid.
- Elia has been designated as the grid operator at federal and regional level.
- In accordance with the applicable laws and regulations, the Parties wish to lay down their
contractual rights and obligations in relation to the Connection to the Elia Grid in this Contract.
It is agreed as follows:
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CONTENTS
PART I : GENERAL CONDITIONS ARTICLE 1: DEFINITIONS AND INTERPRETATION
1.1 DEFINITIONS 1.2 SUPPLEMENTARY RULES OF INTERPRETATION
ARTICLE 2: SUBJECT- MATTER OF THE CONTRACT ARTICLE 3: SOLVENCY ARTICLE 4: INVOICING- AND PAYMENT TERMS
4.1 PAYMENTS 4.2 INVOICES 4.3 PAYMENT DEADLINES 4.4 OBJECTIONS 4.5 MODALITIES FOR COLLECTING ANY UNPAID SUMS
ARTICLE 5: CONFIDENTIALITY AND PROTECTION OF COMMERCIAL INFORMATION ARTICLE 6: SETTLEMENT OF DISPUTES ARTICLE 7: FORCE MAJEURE AND/OR EMERGENCY SITUATIONS
7.1 DEFINITIONS AND CONSEQUENCES OF FORCE MAJEURE AND EMERGENCY SITUATIONS 7.2 MEASURES
ARTICLE 8: SUSPENSIVE CONDITIONS REGARDING THE CONFORMITY OF A NEW OR MODIFIED CONNECTION ARTICLE 9: SUSPENSION AND/OR TERMINATION OF THE CONTRACT
9.1 SUSPENSION BECAUSE OF NON-CONFORMITY OR DAMAGING FACILITIES 9.2 TERMINATION OF THE CONTRACT BY BOTH PARTIES 9.3 CANCELLATION BY THE GRID USER 9.4 CONSEQUENCES OF SUSPENSION AND/OR TERMINATION OF THE CONTRACT 9.5 TERMINATION OF THE CONTRACT DURING THE WORKS
ARTICLE 10: DURATION AND ENTRY INTO FORCE ARTICLE 11: PROPERTY RIGHTS AND RIGHTS OF USE ARTICLE 12: CONSTRUCTION, SUBSTANTIAL MODIFICATIONS, PROVISION AND MANAGEMENT OF THE CONNECTION FACILITIES
12.1 CONSTRUCTION, SUBSTANTIAL MODIFICATIONS AND PROVISION OF THE CONNECTION FACILITIES 12.2 MANAGEMENT OF THE CONNECTION FACILITIES 12.2.1. “LIGHT”-MANAGEMENT OF THE CONNECTION FACILITIES 12.2.2. “FULL-SIZE”-MANAGEMENT OF THE CONNECTION FACILITIES 12.2.3. DESIGNATION OF THE PARTY ENTRUSTED WITH THE TASKS AS DESCRIBED IN ARTICLE 12.2.2 (“FULL-SIZE
MANAGEMENT”) 12.2.4. CHOICE TO DETERMINE IN APPENDIX 3
ARTICLE 13: PAYMENTS
13.1 GENERAL 13.2 PAYMENTS FOR THE CONSTRUCTION, SUBSTANTIAL MODIFICATIONS AND PROVISION OF CONNECTION
FACILITIES 13.2.1 For the first Connection Facility 13.2.2 For the other Connection Facilities 13.3 PAYMENTS FOR THE MANAGEMENT OF THE CONNECTION FACILITIES
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ARTICLE 14: FINANCIAL GUARANTEES ARTICLE 15: DESCRIPTION OF THE CONNECTION, THE FACILITIES OF GRID USER THAT MAY HAVE AN INFLUENCE ON THE SAFETY, RELIABILITY AND/OR EFFICIENCY OF THE ELIA GRID, AND THE METERING EQUIPMENT
15.1 GENERAL 15.2 IDENTIFICATION 15.3 TOTAL OR PARTIAL WITHDRAWAL OF CONNECTION POWER
ARTICLE 16: COUNTING AND METERING, POWER QUALITY, PROTECTIONS AND CONNECTION OF PRODUCTION UNITS
16.1 COUNTING AND METERING 16.2 POWER QUALITY AND ELECTROMAGNETIC COMPATIBILITY 16.3 PROTECTIONS 16.4 ADDITIONAL TECHNICAL REQUIREMENTS FOR THE CONNECTION OF PRODUCTION UNITS
ARTICLE 17: COMPLIANCE OF THE FACILITIES
17.1 GENERAL 17.2 THE OBLIGATIONS OF THE GRID USER AND ELIA REMAIN NOTWITHSTANDING THE NOTICE OF CONFORMITY 17.3 DISTURBING 17.4 ADDITIONAL TESTS
ARTICLE 18: ACCESS AND PROTECTION FOR THE FACILITIES THAT MAY INFLUENCE THE SAFETY, RELIABILITY AND/OR EFFICIENCY OF THE ELIA GRID
18.1 PROTECTION OF THE FACILITIES THAT MAY INFLUENCE THE SAFETY, RELIABILITY AND/OR EFFICIENCY OF THE
ELIA GRID ON GROUND BELONGING AND/OR BEING USED BY THE GRID USER 18.2 GENERAL ACCESS RULES
ARTICLE 19: WORKS, EXPLOITATION AND MAINTENANCE OF THE FACILITIES THAT MAY INFLUENCE THE SAFETY, RELIABILITY AND/OR EFFICIENCY OF THE ELIA GRID ARTICLE 20: DATA EXCHANGE ARTICLE 21: ADMINISTRATIVE AUTHORISATIONS ARTICLE 22: LIABILITY OF THE PARTIES UNDER THE CONTRACT
22.1 RELATIONSHIP WITH OTHER CONTRACTS 22.2 LIMITATION ON LIABILITY 22.3 OBLIGATION TO DAMAGE LIMITATION 22.4 NOTIFICATION OF CLAIM FOR DAMAGES
ARTICLE 23: INSURANCE ARTICLE 24: MISCELLANEOUS PROVISIONS
24.1 MODIFICATIONS OF THE CONTRACT 24.2 NOTIFICATION 24.3 TRANSFER OF OBLIGATIONS 24.4 COMPLETE CONTRACT 24.5 RENUNCIATION 24.6 SEPERABILITY 24.7 PRECEDENCE OVER THE EXISTING CONTRACTS 24.8 CONTINUED EFFECT 24.9 APPLICABLE LAW
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PART II : PARTICULAR CONDITIONS Appendix 1: Description of the Connection Facility(ies), the Facility(ies) of the Grid User that may influence
the safety, reliability and/or efficiency of the Elia Grid, and the metering equipment as well as the protections.
Appendix 2: Procedures regarding the exploitation of the Connection Facilities and the Facilities that may
influence the safety, reliability and/or efficiency of the Elia Grid, as well as the contacts related to the rescue code and the restoration code.
Appendix 3: Agreements relating to the maintenance and other interventions in the Connection Facilities
and the Facilities that may influence the safety, reliability and/or efficiency of the Elia Grid. Appendix 4: Metering and counting as well as data exchange Appendix 5: Power Quality & Electromagnetic compatibility Appendix 6: Payments Appendix 7: Contact details of the Grid User and Elia Appendix 8: Execution modalities and periods with regard to the realization of a new Connection or a
substantial modification of an existing Connection Appendix 9: Plans and Diagrams Appendix 10: Rescue and Restoration codes
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PART I : GENERAL CONDITIONS
Article 1: Definitions and interpretation
1.1 Definitions
Unless specified further with a view to the application for the purposes of the Contract,
without however ignoring the provisions of Public Order, the terms defined in the
Electricity Law, the Regional Electricity Acts and/or Ordinances in relation to the
organisation of the electricity market and/or the various applicable Grid Codes (as
defined hereunder) are also understood in the sense of those legal or regulatory
definitions.
Consequently, the following definitions apply for the purposes of the Contract:
“Access Contract”: The Contract between Elia and the Grid User, stipulating the terms
and conditions relating to the granting of Access to the Elia Grid.
“Access Point”: An Injection and/or Off-take Point; the Access Point is determined in
Appendix 1;
“Access Responsible Party”: Any natural or legal person listed in the register of access
responsible parties in accordance with the Grid Code Transmission; sometimes also
referred to in the Grid Codes for Distribution, Local and Regional Transmission with the
term ‘balance responsible party’.
“Apparent Power”: the value equal to 3 U I whereby U en I are the effective values of the
fundamental components of the voltage and the current;
“Appendix”: an Appendix to this Contract;
“Black-out”: a total or partial breakdown of the synchronously operated electrical system;
“Contract”: The present Connection Contract;
“Contract of Access Responsible Party": the contract between Elia and the Access
Responsible Party stipulating the rights and obligations of Elia and the Access
Responsible Party with regard to the balance on the Elia Grid in accordance with Chapter
I of Title IV of the Grid Code Transmission or the corresponding provisions in the other
applicable Grid Codes;
“Connection”: all Connection Facilities that encompass at least the first Connection Bay
of the Elia Grid;
“Connection Bay”: all the components of a Connection Facility that guarantee especially
the following functions:
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- to provide energy to the Facilities of the Grid User from the Elia Grid;
- to disconnect and/or connect the facilities;
- the physical separation of these Facilities from the Elia Grid;
“Connection Contract”: the contract between a Grid User and Elia determining the
mutual rights and obligations with regard to a certain Connection, including the relevant
technical specifications, hereinafter referred to as the “Contract”;
“Connection Facility”: all equipment that is necessary to connect the Facility of the Grid
User to the Elia Grid;
“Connection Point”: the physical location and the voltage level of the point where the
Connection is connected with the Elia Grid and that separates the Facilities of which the
disconnection has only consequences for the Grid user connected to that point;
“Connection Power”: the maximum apparent power, expressed in megavolt-amperes
(MVA) per Access Point; the Connection Power per Connection is determined in
Appendix 1;
“Connection Tariff”: the tariffs approved by the CREG for a regulatory period with
regard to the Connection to the Elia Grid, as determined in accordance with the Royal
Decree on the Tariff structure, or, in case the CREG has decided to refuse the tariff
proposal with budget or the adapted tariff proposal with budget, the provisional tariffs that
are in force until all legal remedies of Elia or the CREG have been exhausted or until an
agreement has been reached with regard to the points of discussion between the CREG
and Elia;
“CREG”: Commission for the Regulation of Electricity and Gas;
“Day”: a calendar day;
“Direct Damage”: the damage that is a direct and immediate result of the fault of one of
the Parties, as well as possible customers and/or producers connected to the Facilities of
the Grid User, caused to part of the assets of:
- the other Party and/or
- if applicable, the other customers and/or producers that are connected to the
Facilities of the Grid User, that are known to Elia and that have filed a claim
against the Grid User for their Direct Material Damage,
with exclusion of indirect damage, such as damage resulting from special obligations
form one of the Parties towards third parties (damages clause, flat-rate penalty, “take or
pay” clauses,…);
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“Electricity Law”: the Law of the 29th of April 1999 concerning the organisation of the
electricity market, as amended from time to time.
“Elia Grid”: The electricity grid to which Elia holds the property right or at least that of
using and operating it, and for which Elia has been designated as the transmission
system operator.
“Facility”: every Connection Facility, Facility of the Grid User or direct line;
“Facility of the Grid User”: all equipment owned or used by the Grid User that is
connected via a Connection to the Elia Grid.
“GCEF”: the General Code for Electrical Facilities of 10 March 1987, as amended from
time to time;
“GLPC”: the General Labour Protection Code of 11 February 1946, as amended from
time to time;
“Grid Codes”: The Grid Code Transmission and the Grid Codes for Distribution, Local
and Regional Transmission.
“Grid Codes for Distribution, Local and Regional Transmission”: The grid code for
regional transmission of electricity in the Brussels-Capital Region, the grid code for the
management of the local grid for electricity transmission and access in the Walloon
Region and the grid code for distribution of electricity in the Flemish Region, as amended
from time to time.
“Grid Code Transmission”: The Royal Decree of the 19th of December 2002, as
amended from time to time, concerning the grid code for operation of the electricity
transmission grid and access thereto.
“Grid User”: Any natural or legal person connected to the Elia Grid as a supplier or
Consumer pursuant to this Contract;
“Injection point”: The physical location and voltage level of each point where the power
in the Elia Grid is injected and for which access to the Elia Grid is granted to the access
holder in accordance with the terms of the Contract.
“Intangible Direct Damage”: the Direct Damage that is intangible, meaning that there is
a negative effect on the intangible components of the property of a Party, such as loss of
profit, loss of income, loss of software applications and files, loss of use, loss of goodwill
or interruption of the activities;
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“Islanding”: a situation where a Production unit, after a sudden disconnection from the
Elia Grid, can remain self-sufficient as regards the supply to a part or all of its own
electrical system and whereby at least the emergency services of the Production Units
concerned shall be supplied, so that they can be available for the restoration of the Elia
Grid;
“Law of the 2nd of August 2002”: The law of the 2nd of August 2002 on payment delays
in the payment of commercial transactions, as amended from time to time.
“Material Direct Damage”: the Direct Damage that is material, meaning that there is a
negative effect on the physical tangible characteristics of a property;
“Off-take”: the off-take of power from the Elia Grid as defined in the Grid Code
Transmission;
“Off-take Point”: the physical location and the voltage level of each point serving for the
off-take of power from the Elia Grid and for which the access holder is provided with
access to the Elia Grid in accordance with the Access Contract;
“Owner”: the Party having the property rights or, in case a third party with whom this
Party has a contractual relationship disposes of these property rights, having the right to
use with regard to the Connection Facilities or the Facilities that may influence the safety,
reliability and/or efficiency of the Elia Grid. “Owner”, as a definition in the framework of
this Contract, aims only to provide this Party, in its relationship with the other Party, a
capacity with a number of rights and obligations, as defined in this Contract, and does not
harm the legitimate rights of third parties;
“Parties”: Elia and the Grid User, whereby each is referred to individually as a “Party”;
“Point of Interface”: The physical location and the voltage level of the point where the
Facilities of the Grid User are connected with the Connection. This point is located on the
site of the Grid User and in any case after the first Connection Bay from the Elia Grid on
the side of the Grid User;
“Production Unit”: a physical unit including a generator that produces electricity;
“Regional Electricity Acts and/or Ordinances”: The Act of the Flemish Community
(Vlaamse Gemeenschap) of the 17th of July 2000 concerning the organisation of the
electricity market, the Act of the Walloon Region of the 12th of April 2001 concerning the
organisation of the regional electricity market and the Brussels Ordinance of the 19th of
July 2001 concerning the organisation of the electricity market in the Brussels Capital
Region, as amended from time to time.
“Royal Decree on Tariff Structure”: The Royal Decree of the 8th of June 2007
concerning the rules with regard to the determination and control of the total income and
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profit margin, the general tariff structure, the balance of costs and revenue, and the basic
principles and procedures regarding the proposal and approval of the tariffs, of the
reporting and cost management by the operator of the national transmission grid, as
amended from time to time.
“Working Days”: the working days of Elia in year N, as determined and communicated to
the Grid User in year N-1.
1.2 Supplementary rules of interpretation
The titles and headings in the Contract are only included for ease of reference and in no
way express the intention of the Parties. They shall not be taken into consideration when
interpreting the provisions of the Contract.
The Appendices to the Contract form an integral part of the Contract. Any reference to
the Contract includes the Appendices, and vice-versa. If there is a conflict of
interpretation between an Appendix to this Contract and one or more provisions in this
Contract, the provisions in the Contract shall take precedence.
The realisation in the Contract of a specific obligation or provision included in the Grid
Codes shall in no way be considered as a departure from the obligations or provisions
that must apply to the relevant situation in accordance with the Grid Codes.
Article 2: Subject-matter of the Contract
This Contract governs the Connection to the Elia Grid, and the Facilities of the Grid User
that may influence the security, reliability and/or efficiency of the Elia Grid, describes the
metering equipment, and determines the Connection Power and the property rights as
well as the rights of use of the Parties.
This Contract also determines the mutual rights and obligations of the Parties with regard
to, on the one hand, the management of the Connection Facility(ies) and, on the other
hand, the establishment and substantial modification of the Connection Facilities being
the property of Elia.
As far as necessary the Parties recognize that this Contract as well as their mutual rights
and obligations with regard to the Connection to the Elia Grid are fully subject to the
applicable laws and regulations, especially the Grid Codes, the GCEF, the GLPC and the
Royal Decree on Tariff Structure.
Each Party is aware of the mutual coherence that exists between this Contract, the
Access Responsible Party Contract and the Access Contract that are between them a
necessary adjunct for the safety, reliability and efficiency of the Elia Grid and which are
consequently essential to the execution of the contractual relationship.
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The Parties will ensure that their contractual relationships with each other are always
based on the existence and proper execution of the necessary contractual agreements
with the relevant parties who have concluded an Access Contract and/or an Access
Responsible Party Contract with Elia.
Article 3: Solvency
The Grid User’s financial solvency during the performance of the Contract is an essential
element of the Contract concluded with Elia and of the commitments entered into by Elia.
Throughout the duration of the Contract the Grid User must, at the first justified request of
Elia, provide proof to Elia of its financial solvency inter alia by way of recent financial
statements.
Article 4: Invoicing- and payment terms
4.1 Payments
With regard to the Connection to the Elia Grid as determined in this Contract, the Grid
User will make the payments for the Connection in accordance with article 13 of this
Contract.
4.2 Invoices
Invoices will be sent to the invoice address of the Grid User specified in Appendix 7 of the
Contract.
As far as the periodical payments related to the Connection to the Elia Grid are
concerned, Elia will send to the Grid User invoices at the beginning of each trimester for
the then current trimester.
Simultaneously to the sending of the invoice via regular mail, the Grid User will be
informed via electronic mail of the sending of this invoice and its availability in an
electronic database where a copy of the invoice can be consulted by the Grid User.
4.3 Payment deadlines
Invoices must be paid net without discount by the Grid User to Elia within 30 days
following their receipt, which is considered to have taken place 3 Days after the date on
which they were sent.
If payment is not received within 33 Days of the invoice being sent, Elia shall have the
right to charge interest ipso jure and without giving notice of default in accordance with
Article 5 of the Law of the 2nd of August 2002. The interest shall be due from the 34th day
after the date on which the invoice was sent, up to the date when it is paid in full. The
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sending of reminders or formal notices does not affect the payment deadline as
determined in this article.
Moreover, if payment is not received within 33 Days of the invoice being sent, Elia shall
be entitled to compensation as provided by Article 6 of the Law of the 2nd of August 2002,
without prejudice to its right to compensation for legal costs in accordance with the
Judicial Code. The provisions listed above do not prejudice Elia’s other rights in
accordance with applicable laws and regulations as well as the provisions of the Contract.
4.4 Objections
Every objection concerning an invoice of the periodical payments must, in order to be
admissible, be sent by the Grid User to Elia as soon as possible via registered mail and
before the 15th Day following the last of the following two moments: the end of the
trimester to which the invoice corresponds or the date after the receipt of the invoice. The
Grid User shall describe the reasons for its objection as comprehensibly and in as much
detail as is reasonably possible.
Every objection concerning an invoice for the non-periodic payments must, in order to be
admissible, be formulated by the Grid User within 30 Days after the receipt of the invoice.
An objection in no way releases the Grid User from its obligation to pay the invoice in
accordance with the provisions of Article 4.3 of the Contract, unless the objection of the
Grid User is manifestly justified, such as in case of a mistake with regard to the amount of
the payment due.
If the Grid User has paid a disputed invoice in full accordance with this provision and it
appears that the objection formulated in accordance with this provision was justified, the
Grid User shall have the right in this case, without prejudice to the other rights of the
Parties, among others their right for compensation of the legal costs in accordance with
the Judicial Code, to the reimbursement, within 30 Days after the agreement or the
judgement, as the case may be, of the undue payments, increased with the interests
determined pursuant to article 5 of the Law of 2 August 2002 since the date of this undue
payment.
4.5 Modalities for collecting any unpaid sums
Failure to pay the invoice within 5 Working Days after reception of a notice of default by
registered mail, with an acknowledgement of receipt, sent by Elia,,will entitle Elia,
notwithstanding the application of the aforementioned conditions, and without any
additional formal notice, to undertake all necessary measures with regard to the
collection of unpaid sums;
The measures for collecting unpaid sums shall be applied by Elia in a non-discriminatory
and reasonable matter.
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Article 5: Confidentiality and protection of commercial information
Parties agree to treat the information they exchange as a result of and within the
framework of this Contract and which is marked as being confidential by one of them
and/or which is to be considered as confidential according to the applicable laws and
rules, confidential. The Parties agree not to communicate said confidential information to
third parties unless one of the following conditions has been fulfilled:
1° if Elia and/or the Grid User have been called up to appear as witnesses in court
or in their relationship with the regulating authorities of the electricity market or
other competent public authorities;
2° the prior written agreement of the Party communicating the confidential
information has been obtained;
3° as concerns Elia, in consultation with other grid operators or within the
framework of contracts and/or rules with foreign grid operators and provided the
party receiving the information undertakes to accord to this information the same
degree of confidentiality as that accorded by Elia;
4° if the information is easily and commonly accessible or available to the public;
5° if the communication by Elia and/or the Grid User to such parties as
subcontractors and/or their employees and/or their representatives is essential for
technical or safety reasons, provided that those parties are bound by confidentiality
rules that adequately guarantee the confidentiality of the information.
The Parties accept that the confidentiality of the information cannot be invoked between
them, nor vis-à-vis other persons like the access holder, being the co-contractor of Elia in
the Access Contract, for the Access Point as subject of this Contract, and other Persons,
engaged in the execution of this Contract, to the extent that these data are necessary for
the execution of the Access Contract by the access holder or for the execution by these
other persons of this Contract, to the extent that this access holder and other persons are
held to at least comparable confidentiality obligations.
Without prejudice to the applicable laws and regulations, this provision remains in any
case valid until 5 years after termination of the Contract.
Article 6: Settlement of disputes
The Grid User hereby declares that, prior to signing the Contract, it was made aware by
Elia of its rights and, among other things, that any disputes concerning the Connection to
the Elia Grid, the application of the Grid Code Transmission or the tariffs mentioned in
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Article 12 of the Electricity Law may be settled through mediation or arbitration, according
to choice, in accordance with the regulation mentioned in Article 28 of the Electricity Law.
If applicable, the Grid User also declares hereby that, prior to signing the Contract, it was
made aware by Elia of the provisions concerning the settlement of disputes as set out in
the regional laws and regulations.
Without prejudice to the preceding, any dispute in connection with the conclusion, validity,
interpretation or performance of the Contract or of subsequent contracts or operations
that might arise there from, together with any other dispute concerning or in relation to
the Contract shall, according to the choice of the first party to take action, be presented to:
- the commercial court of Brussels; or
- the mediation and arbitration service organised by the competent regulatory
authority or the disputes’ chamber according to applicable legislation; or
- an ad hoc arbitration arrangement according to the provisions of the Belgian
Judicial Code.
In view of the complex relationships, the Parties accept hereby, in order to facilitate the
application of the rules regarding coherence (“samenhang”/”connexité”) or intervention,
either – in the case of coherent disputes – to renounce any arbitration proceedings for the
purpose of intervening in another judicial procedure, or – conversely – to renounce a
judicial procedure for the purpose of taking part in multi-party arbitration. In the case of
dissension, preference will be given to the procedure introduced first.
Article 7: Force majeure and/or emergency situation
7.1 Definitions and consequences of force majeure and emergency situation
The fulfilment of the obligations that are the subject matter of the Contract for which an
emergency situation and/or force majeure as defined in the Grid Codes might be invoked,
will be temporarily suspended for so long as the event that gave rise to the emergency
situation and/or force majeure persists.
The term force majeure shall be taken to mean any events that could not reasonably be
predicted, which arise after conclusion of the Contract, which cannot be ascribed to an
error committed by one of the Parties and which makes performance of the Contract
impossible either temporarily or permanently. Situations of force majeure are, amongst
others, the situations as defined in the applicable Grid Code.
The Party who invokes a situation of force majeure and/or emergency situation shall
inform the other Party as soon as possible by telephone and/or email and/or fax of the
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reason why the first Party is not able to fulfil all or some of their obligations and to
reasonably estimate how long that situation of non-fulfilment is likely to last.
The Party who invokes a situation of force majeure and/or emergency situation shall
nevertheless do everything in its power to limit the consequences of non-fulfilment of its
obligations towards the other Party, the Elia Grid and third parties, and to fulfil its
obligations back again.
If the period of force majeure and/or emergency situation shall last 30 or more successive
days (which period does not necessarily coincide with the period which is necessary for
fulfilling anew the obligations), a Parties is not able to fulfil the essential obligations of the
Contract as a consequence of the force majeure and/or emergency situation and there is
no perspective any more in this respect for the obligations to be fulfilled, this Party may
cancel anticipatively the Contract with immediate effect by means of registered letter,
setting out the justification therefore.
7.2 Measures
7.2.1. If an emergency situation or a multiple-incident situation arises, as defined in the
Grid Codes, or if Elia is of the opinion that an emergency situation might reasonably be
expected to arise, Elia can take the necessary measures, preventively as the case may
be, which are described in the Grid Codes, including the implementation of the rescue
code and the restoration code.
In so far as the Grid User is a producer, it will have the obligation to make its Production
Units available to Elia. This situation will be announced via alarm signals that will reach
the Grid User and are described in Appendix 1. The Production Units will remain fully
connected to the Elia Grid, to the extent that the frequency and the voltage are within the
regulatory and agreed on limits. These limits will be added to a stability study (see
Appendix 8), that will be provided by the Grid User, and approved by Elia. The limits are
at least those mentioned in article 62 of the Grid Code Transmission or the corresponding
provision of another applicable Grid Code.
The rescue code stipulates the operational procedures in the context of an emergency
situation and also includes the disconnection plan, which among other things stipulates
the procedures and priorities for disconnecting Grid Users.
The restoration code includes the operational procedures for restoring the electrical
system.
The rescue code and the restoration code are drawn up by Elia in accordance with the
legal and regulatory provisions and are notified to the Grid User mentioned in Appendix
10. They can be modified by Elia from time to time in accordance with the legal and
regulatory provisions. These modifications can only enter into force upon notification by
Elia to the Grid User. This notification shall be made via e-mail and directed to the
contact person mentioned in Appendix 7. However, in case such modifications include an
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adaptation of the general and specific measures that the Grid User must take in case of
an emergency situation in the framework of the rescue code or restoration code, this
notification will happen via registered mail addressed to the Grid User.
The Grid User undertakes to observe all the measures described in the aforementioned
provisions in order to prevent and/or remedy emergency situations. Elia shall inform the
Grid User by telephone and/or e-email and/or fax.
The Grid User will ensure that its personnel is trained in conformity with the procedures of
the restoration code in order to enable the persons involved to carry out the foreseen
actions within the set deadlines and in an efficient way.
7.2.2. The contact details for the Connection of the Off-takes and of the Production Units
are included in Appendix 7 in accordance with the restoration code.
Article 8: Condition precedent regarding the conformity of a new or modified
Connection
The commissioning of a new or modified Connection is subject to the fulfilment of the
condition precedent of conformity of the Facilities that could impact the safety, reliability
and/or efficiency of the Elia Grid, as specified in article 17 of this Contract. This condition
precedent does not form an obstacle to the prior implementation of all tests regarding
acceptance, conformity or other tests necessary for the purpose and in view of the
commissioning of the new or modified Connection.
Article 9: Suspension and/or termination of the contract
9.1 Suspension because of non-conformity or damaging Facilities
9.1.1 With regard to the Facilities that may have an impact on the safety, reliability and/or
efficiency of the Elia Grid and of which the other Party is Owner or for which the other
Party is, where appropriate and pursuant to article 12.2.4.2, in charge of the tasks
provided for in article 12.2.2. (“Full-size”-management), each Party shall be entitled to
give notice to the other Party to proceed with the necessary adaptations and innovations
in order to ensure the conformity of these Facilities, if it appears that:
the Facilities are not in conformity within the meaning of article 17 of this Contract,
and/or;
the nature of the Facilities is such that they could cause damage to:
o the safety, reliability and/or the efficiency of the Elia Grid as specified in
the Grid Codes and in this Contract and/or;
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o the safety of persons and goods, as set forth in the Grid Codes, in the
GCEF or the GLPC and in this Contract and/or;
o the safety, reliability and/or efficiency of the Connection of the Grid User
as determined in the Grid Codes and in this Contract and/or;
o the safety, reliability and/or the efficiency of the Connection of another
Grid User as specified in the Grid Codes.
This notice of default must state its reasons and be sent via registered mail.
Subsequently, the Parties shall proceed with a consultation regarding the necessary
adaptations or renovations to be carried out, they shall agree on realistic terms to
complete them, and they shall carry out the adaptations and renovations in good faith, in
accordance with accepted industry practices and within the agreed term.
The notice of default may contain a reasoned decision that in case of non-performance
within the agreed term,
in the event of a notice of default sent by Elia: Elia will be entitled to disconnect the
Connection, totally or partially, and Elia will be entitled to suspend the Contract if
necessary, totally or partially, after 5 Working Days following the notification of the
default, by a second registered letter to the Grid User, in so far as such default has
not been ended on the 4th Working Day after this notification.
in the event of a notice of default sent by the Grid User: the Grid User will be
entitled to suspend the Contract, totally or partially, and eventually request Elia to
disconnect the Connection, after 5 Working Days following the notification of the
default, by a second registered letter to the Grid User, in so far as such default has
not been ended on the 4th Working Day after this notification.
This reasoned decision must specify that it may be subject to appeal in accordance with
article 6 of this Contract. Such appeal however has no suspending effect.
9.1.2. Without prejudice to article 7 and article 9.1.1 of this Contract and taking into
account the automatic functioning of the security systems, Elia may decide, whether or
not at the request of the Grid User, to disconnect the Connection, totally or partially, and
to suspend this Contract if necessary, totally or partially, if the Facilities are an acute and
imminent threat for:
the safety, reliability and/or the efficiency of the Elia Grid as specified in the Grid
Codes and in this Contract and/or;
the safety of persons and goods, as set forth in the Grid Codes, in the GCEF or the
GLPC and in this Contract and/or;
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the safety, reliability and/or efficiency of the Connection of the Grid User as
determined in the Grid Codes and in this Contract and/or;
the safety, reliability and/or the efficiency of the Connection of another Grid User as
specified in the Grid Codes.
To the extent possible, Elia will send a prior notice of default. If applicable, Elia will notify
its reasoned decision as soon as possible to the Grid User, the Parties shall hold a
consultation with regard to the necessary adaptations to be carried out, agree on a
realistic term to complete them, and to perform them in good faith and in accordance with
good and accepted industry practices. The reasoned decision should specify that it may
be subject to appeal in accordance with article 6 of this Contract. Such appeal, however,
has no suspending effect.
9.1.3. A complete decommissioning of the Connection in the aforementioned
circumstances results in a full suspension of this Contract.
After the performance of the necessary adaptations, whether or not combined with the
disconnection of the Connection, tests must be carried out at the expense of the Party
against whom the non-conformity has been demonstrated, in accordance with article 17.4
of this Contract.
A total or partial disconnection of the Connection and suspension of this Contract will be
terminated if it results from the tests mentioned in article 17 of this Contract that the
Facilities, where appropriate after adaptations, are again in conformity or no longer of
such a nature that they could cause damage to:
the safety, reliability and/or the efficiency of the Elia Grid as provided for in the Grid
Codes and in this Contract and/or;
the safety of persons and goods, as provided for in the Grid Codes, in the GCEF or
the GLPC and in this Contract and/or;
the safety, reliability and/or efficiency of the Connection of the Grid User as
provided for the Grid Codes and in this Contract and/or;
the safety, reliability and/or the efficiency of the Connection of another Grid User as
provided for in the Grid Codes.
9.2 Termination of the Contract by both parties
Without prejudice to the other circumstances leading to a suspension and/or termination
pursuant to the applicable laws and regulations and/or this Contract, every Party will be
entitled, subject to prior court’s approval, to terminate this Contract to the expense of the
other Party in case:
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- the other Party defaults on one of its obligations;
- a material and disadvantageous modification occurs as regards the legal
position, the legal structure, the activities, the board of directors or the financial
condition of the other Party, that may reasonably lead to the conclusion that the
provisions and conditions of this Contract will not be complied with by this Party.
The termination of this Contract by Elia in accordance with this provision does not affect
the right for the Grid User to enter into a new Connection Contract with Elia when it will
again be able to comply with the provisions and conditions of the Connection Contract.
9.3 Cancellation by the Grid User
Without prejudice to the other situations of termination pursuant to the applicable laws or
regulations and/or this Contract, the Grid User will have the power to terminate this
Contract with a notice period of three months via a registered letter addressed to Elia
subject to the condition that at the latest at the end of the notice period the Grid User
does not longer use the Connection and the Connection can be switched off or
disconnected in accordance with this Contract.
9.4 Consequences of suspension and/or termination of the Contract
In case of a suspension and/or an early termination of this Contract as provided for in the
articles 9.1 and 9.2 or cancellation of this Contract in accordance with article 9.3, and for
whatever reason, the Parties will remain liable to fulfil all payment obligations that
originated during the term of the Contract or as a result of the suspension or termination
of this Contract, unless an entity as mentioned in article 6 has concluded that the other
Party has defaulted on one of its obligations.
Notwithstanding article 22, the costs related to the necessary interventions for the
disconnection are to be borne by the Party whose non-conformity has been established.
In case the suspension and/or termination of this Contract is caused by a defective
performance of the Contract by the Grid User, its payment obligations will be immediately
enforceable, notwithstanding any provision stating the contrary. In all other cases of
suspension or termination, the Parties will be held to the aforementioned payment
obligation in accordance with the applicable payment deadlines. The Party will not be
able to argue that it can suspend and/or terminate its own obligations as a result of this
suspension and/or termination.
9.5 Termination of the order during the works
In case the Grid User decides to terminate the installation works of a new Connection or
the works for the modification of an existing Connection, the Grid User will have to pay a
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compensation to Elia, to indemnify Elia for all the costs actually incurred in accordance
with Appendix 8, as a result of the non-execution of the works, such as the additional
costs related to purchases that have become useless and compensations claimed by
suppliers and services, and that can be justified via financial statements and other
documents. A settlement will take place in case some of the works that already have
been completed insofar as it would appear later on that they can be used for other
purposes.
Article 10: Duration and entry into force
Without prejudice to the application of article 8 of this Contract, the Parties agree that this
Contract shall enter into force on [•] and is entered into for an indefinite period of time,
without affecting the suspension and/or termination or cancellation in accordance with
article 9 of this Contract.
Article 11: Property rights and rights of use
The Parties agree that the property rights and/or rights to use the Connection Facility(ies)
are detailed in Appendix 1 of this Contract, in conformity with the respective deeds as the
case may be.
Article 12: Establishment, substantial modifications, provision and management of
the Connection Facilities
12.1 Establishment, substantial modifications and provision of the Connection Facilities
Each Party shall be responsible for realizing:
the establishment of the Connection Facility(ies) it owns;
the substantial modifications to the Connection Facility(ies) it owns (including
adaptations of the functionalities, the replacements and technical adaptations
requested by the competent authorities or third parties in accordance with the
relevant regulatory conditions or because of security reasons and the dismantling),
it being understood that the realization thereof happens in accordance with the modalities
and terms included in Appendix 8 of this Contract and in conformity with the payments
provided for in article 13. The Parties will work together and coordinate their works in
order to ensure the compatibility between their respective Facilities, both as regards the
planning as well as the realization.
The Grid User who owns the first Connection Bay agrees to carry out substantial
modifications for it own account, following a request of Elia related to the security,
reliability and/or efficiency of the Elia Grid.
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In case the Parties agree that Elia will, partially or totally, carry out the substantial
modifications, the Connection will be provided, partially or totally, to the Grid User.
12.2 Management of the Connection Facilities
12.2.1. “Light”-management of the Connection Facilities
In any case, without prejudice however to its other responsibilities and tasks pursuant to
the Grid Codes or this Contract, Elia will be responsible for the management of the
Connection, in so far as this concerns:
the supervision of the Connection, including the provision of on call duty;
the exploitation of the Connection, including:
o the activation and deactivation of the Connection by controlling the
Connection Bay;
o the management of exploitation procedures;
o the reporting in case of an alarm or damage;
o the release and the commissioning after works, it being understood that the
Grid User operates the controls of the primary circuit-breaker serving for the
synchronization of the Injection, in accordance with the modalities of this
Contract.
As regards the on call duties, Elia applies all reasonable, technical and economic means
in order to carry out the first findings and verifications within two hours following the
reporting of an electrical incident.
12.2.2 “Full-size”-management of the Connection Facilities
The “Full-size”-management includes the following maintenance tasks:
the administrative management of the Connection Facility(ies), including the
management of the location maps and other plans, schemes and legal
documents;
the normal periodic maintenance of the Connection Facility(ies), including the
determination of maintenance policies and the administrative management of the
maintenance process;
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the corrective maintenance of the Connection Facility(ies) in case of a
breakdown by way of repairs and replacements, to the extent that these
interventions constitute an essential condition for the maintenance of the existing
functionalities and specifications of these Connection Facilities, it being
understood that the functionalities or specifications of the Connection Facility(ies)
will not be modified;
The last two interventions will be carried out within the terms on which the Parties agree,
without prejudice to other obligations towards authorities and/or third parties.
The general rules as regards the periodic maintenance that have to be complied with, are
included in Appendix 3. Notwithstanding the fact that they are subject to the continuous
evolution of the maintenance rules, these rules describe the type of maintenance and
their frequency in function of the equipment to be maintained.
12.2.3. Designation of the Party in charge of the tasks as described in Article 12.2.2
(“Full-size”- management)
For the first Connection Bay or the other Connection Facilities owned by Elia, Elia will be
responsible for the “full-size” management tasks that are stipulated in Article 12.2.2.
For the first Connection Bay that is not owned by Elia and taking into account the
proximity of the Elia Grid, Elia will, in consultation with the Grid User, have the choice
between articles 12.2.4.1. and 12.2.4.2.
For the other Connection Facility(ies) that are not owned by Elia, the Grid User will have
the choice between articles 12.2.4.1. and 12.2.4.2.
12.2.4. Choice to make in Appendix 3
12.2.4.1. Either the Grid User will, without prejudice to article 12.2.1., be responsible for
the performance of the management tasks as described under 12.2.2 (“Full-size”-
management), in accordance with the conditions contained therein. Upon performing
these management tasks, the Grid User will respect the minimum requirements to be
complied with and as agreed on by the Parties set forth in Appendix 2 and Appendix 3.
12.2.4.2. Either Elia will be responsible for the performance of the management tasks as
described under article 12.2.2. (“Full-size”-management), in accordance with the
conditions described therein and in accordance with the requirements as agreed on by
the Parties and included in Appendix 2 and Appendix 3. Elia can however not be obliged
to do this, among others, in case the Facilities do not or no longer comply with the
standards applied by Elia and included in the agreement on the technical solutions
mentioned in article 105 of the Grid Code Transmission or in the corresponding provision
of another applicable Grid Code and included in Appendix 8.
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Article 13: Payments
13.1 General
The Grid User shall make payments to Elia, based on the Connection Tariff and as
defined hereinafter, for the establishment, the substantial modifications, the provision and
the management by Elia of the Connection Facility(ies), as described in article 12.
Appendix 6 mentions the Connection Facility(ies) in function of which the Connection
Tariff is determined taking into account the voltage level and the type of equipment, their
date of entering into service and the financial contributions by the Grid User, as the case
may be.
The payments are net amounts to be increased with V.A.T. Unless otherwise provided for
in a statutory or regulatory provision, new taxes, surcharges or levies of any kind or
increases of existing taxes, surcharges or levies imposed by the competent authority, that
relate to the Connection to the Elia Grid, are borne by the Grid User. On the other hand
the Grid User will benefit from any decreases in taxes, surcharges or levies.
13.2 Payments for the construction, substantial modifications and provision of Connection
Facilities
13.2.1 For the first Connection Bay
For the establishment, the substantial modification and the provision of the first
Connection Bay of which Elia is the Owner, the Grid User has to pay a periodical
payment to Elia in accordance with the Connection Tariff.
For the existing first Connection Bay owned by Elia, one will take into account the
financial interventions made by the Grid User, as the case may be, with regard to
the concerned Connection Bay in accordance with the modalities as described in
the Connection Tariff. Once a substantial modification has been made, and in
any case 33 years after the operational start date of the Connection Bay to which
the financial intervention of the Grid User relates, these interventions will not
anymore be taken into account.
13.2.2 For the other Connection Facilities
In case Elia provides the Grid User with other Connection Facility(ies) the
payments shall be made as follows:
-as concerns the establishment of the other new Connection Facility(ies):
a payment amount will be calculated in accordance with the Connection
Tariff and based on a quotation. This will be combined with a financial
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guarantee as provided for in article 14 of the Contract in case of a long
term financing;
-as concerns the substantial modification of existing other Connection
Facilities: a payment amount will be calculated in accordance with the
Connection Tariff and based on a quotation. This will be combined with a
financial guarantee as provided for in article 14 of the Contract in case of
long term financing;
-as concerns the provision of existing other Connection Facilities: a
periodical payment amount will be calculated in function of the
operational start date of the other Connection Facilities to which the
periodical payment relates and, if applicable, taking into account the
financial interventions of the Grid User.
13.3 Payments for the Management of the Connection Facilities
Depending on what has been agreed between the Parties in accordance with article
12.2.3. and 12.2.4., the Grid User will make the following payments to Elia:
13.3.1. For the management of the Connection Facility(ies) as described in
article 12.2.2. (“Full-size”-Management) and to be carried out by Elia: a periodical
compensation for management, in accordance with the Connection Tariff.
This periodical payment includes, for the first Connection Bay owned by Elia, the
corrective maintenance as provided for in the third bullet of article 12.2.2.
This periodical payment includes, for the first Connection Bay not owned by Elia
and for the other high voltage facilities that are part of the Connection Facilities
as mentioned in Appendix 1 and that are, or not, owned by Elia, for a period of 20
years since the operational start date of these Facility(ies), the corrective
maintenance as mentioned in the third bullet of article 12.2.2. This periodical
payment includes, for the low, auxiliary and command voltage facilities that are
part of the first Connection Bay and not owned by Elia or the other Connection
Facilities as described in Appendix 1 and of which Elia may either be Owner or
not, for a period of 10 years since the operational start date of these Facility(ies),
the corrective maintenance as mentioned in the third bullet of article 12.2.2. After
the expiry of these periods, an additional payment based on a quotation will be
made in addition to the periodical payments as far as the corrective maintenance
as provided for in the third bullet of article 12.2.2 is concerned.
13.3.2. In case the Grid User, in accordance with article 12.2.4.1., is responsible
for the management services as set forth by article 12.2.2. (“Full-size”-
management), a periodical payment described in article 12.2.1., in accordance
with the Connection Tariff.
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Article 14: Financial guarantees
If the Parties agree that a new Connection or a substantial modification to an existing
Connection will be realized by Elia and this is combined with a term financing provided by
Elia, the Grid User will provide a bank guarantee to Elia which will cover the obligations of
the Grid User under the term financing.
The Grid User acknowledges that this bank guarantee, if applicable, is an essential
contractual condition for Elia.
This bank guarantee will serve as surety for the full and timely payment of all obligations
of the Grid User.
The bank guarantee must have the form of a guarantee on first demand, issued by a
financial institution with an official rating of at least “BBB” ascribed by the credit rating
office Standard & Poors (“S&P”) or “Baa2” by Moody’s Investor Services (Moody’s).
The amount guaranteed corresponds to half of the balance financed by Elia and the
duration of the guarantee equals the duration of the payment period plus a period of three
months.
In case the amount of the sum payable falls below the value of this bank guarantee, the
Grid User shall be entitled to ask each year for a decrease of the coverage of the bank
guarantee. In case the Grid User formulates such a request, Elia commits itself to accept
that the amount of this bank guarantee will be decreased to an amount equal to half of
the amount of the outstanding obligations of the Grid User following from the term
financing. The standard form for the first demand guarantee is included in Appendix 8 of
the Contract.
In case of cancellation an/or termination of this Contract for whatever reason, Elia shall
return this bank guarantee to the Grid User as soon as the Grid User shall have complied
with all obligations related to this bank guarantee.
Article 15: Description of the Connection, the Facilities of Grid User that may have
an influence on the safety, reliability and/or efficiency of the Elia Grid, and the
metering equipment.
15.1 General
The Connection is located between on the one hand the Connection Point and on the
other hand the Point of Interface as far as this is required by the applicable Grid Codes.
The technical and functional characteristics of the Connection Facilities are to be
specified by Elia in Appendix 1.
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In addition to, and without prejudice to the provisions of the Grid Codes, the Parties agree
that the Connection Point shall be located in one of the following places:
In case the first Connection Bay is located in an substation of the Elia Grid: the
connectors of the first Connection Bay on the busbar of the substation;
In case the first Connection Bay is located in a branch on a line or cable of the
Elia Grid: the point of the branch on said cable or line.
In addition to, and without prejudice to the provisions of the Grid Codes, the Parties agree
that the Point of Interface:
For the high voltage facilities
(i) in case the first Connection Bay is located in an substation of the Elia Grid: at
the end of the cable or the end portal, or respectively the cable or the line
entering the site of the Grid User;
(ii) in case the first Connection Bay is located in a branch on a line or a cable of
the Elia Grid: after the first bay at the end of the cable or line entering the site of
the Grid User; and
For the low, auxiliary and command voltage facilities: on the site of the Grid User
after the transfer systems and the differential protections that are functionally part
of the high voltage facilities of the first Connection Bay.
Without prejudice to the provisions of the Grid Codes, the Parties can expressly depart
from the aforementioned additional provisions with regard to the location of the Access
Point and the Interface Point because of the following reasons:
- reasons of safety, reliability or efficiency of the Elia Grid
- the planned future development of the Elia Grid; or
- the complexity of the Connection, such as in the case of substations where
several Grid Users are connected to the Elia Grid;
The location of the Connection Point and the Point of Interface is indicated in Appendix 1
on the relevant single-line diagrams
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15.2 Identification
The description as well as the technical data of the Connection and as far as necessary
the Facilities of the Grid User that may have an influence on the safety, reliability and/or
efficiency of the Elia Grid, and the metering equipment are included in Appendix 1. This
Appendix includes at least the following details:
- the geographic location;
- the nominal voltage of the Connection Point(s);
- the Connection Power that will be made available on the Connection and for
which a right of access can be granted in the relevant Access Contract;
- the single line diagram (with the Access Point(s), the EAN-Number(s), the
metering point(s), the Connection Point(s), the Connection Bay(s) in the Elia
substation(s) and the high voltage facilities of Elia in this/these substation(s) as
far as these are not allocated to another grid user, and the Point(s) of Interface
including their modifications from time to time pursuant to the provisions and
procedures mentioned in the applicable Grid Codes;
- the identification and the technical description of the Connection and the
metering equipment;
- the NACE-code of the Grid User (which, as the case may be, may be different
for each Access Point);
- the property rights, rights of use and/or other rights, as well as the
documentation of the Connection and the metering equipment.
15.3 Total or partial withdrawal of Connection Power
In case a commissioned Connection has not been used totally or partially for at least 1
year, or, in accordance with the procedures of the contract for the coordination of the
switching on of production units, the Access Responsible Party declares, subject to the
approval of Elia, that a Production Unit will be not available for at least one year, the
Connection Power, as described in Appendix 1, can be partially or totally withdrawn,
unless the Grid User states the reasons why the Connection, in accordance with the
applicable Grid Codes, has to remain in service for the purpose and within the limits of
the emergency supply or as a reserve in the context of a pending and in accordance with
article 94 of the Grid Code Transmission filed connection request. Elia notifies the Grid
User of this total or partial withdrawal, in accordance with article 24.2, after consultation
with the Grid User. The withdrawn Connection Power can be allocated to another
applicant for a connection, in accordance with the procedure in the applicable Grid Code.
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The Grid User will have to submit a new connection request in order to obtain anew,
partially or totally, the Connection Power.
Article 16: Counting and metering, power quality, protections and connection of
Production Units
16.1 Counting and metering
The counting and metering shall be carried out in accordance with the method and time
intervals provided by Appendix 4. This Appendix also mentions the technical criteria with
regard to the metering equipment, the commissioning, the use, the control, the calibration
and the required precision of the metering equipment as well as the transmission and the
availability of the metering data.
Elia will provide the Grid User with the counting pulses following a request of the Grid
User and on a confidential basis. Elia cannot be held liable for the damage related to the
possible unavailability of these counting pulses or the use by the Grid User of these
counting pulses.
16.2 Power Quality and electromagnetic compatibility
In accordance with the provisions of the Grid Codes, Elia will provide the Grid User on
the Access Point with a voltage of a quality that meets at least the EN 50160 standard.
Both Parties have to respect this voltage upon the determination of the level of immunity
of, with respect to Elia, the Connection Facilities it manages, and with respect to the Grid
User, the other Facilities.
The Grid User will take for its Facilities all measures that are necessary, economically
reasonable and technically effective to limit the consequences of the damage caused by
disturbances as described in the EN 50160 standard and give special attention to voltage
dips, interruptions and overvoltages. The Grid User will be entitled to ask for additional
information from Elia. Elia will provide all reasonably available, general information with
regard to the quality of the power supply in the Connection Point on a confidential basis.
However, Elia cannot be held liable for the use of this information.
The allowed level of disturbances on the Elia Grid caused by the Facilities is determined
in the applicable Grid Codes and by the technical reports IEC 61000-3-6 and IEC 61000-
3-7 and the Synergrid procedure C10/17 “Power Quality requirements for Grid Users
connected to high voltage grids”.
Without prejudice to this article and in case of disturbing Facilities of the Grid User
connected to Elia Grid, Appendix 5 provides for planning levels and emission limits, the
applicable specific rules and the monitoring of these Facilities of the Grid User. The
Appendix 5 also describes the voltage variations.
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Without prejudice to its contractual relations with the access holder, Elia will provide, in
case of electrical incidents and at the request of the Grid User, a report about the incident.
16.3 Protections
The modalities with regard to the protections, control parameters and the technical
functional minimum requirements are part of the specific file drawn up by Elia in
consultation with the Grid User. These modalities are included in Appendix 1.
16.4 Additional technical requirements for the connection of Production Units
If applicable, Appendix 1 will be completed with the technical requirements as regards the
connection of Production Units as described in the applicable Grid Code.
Article 17: Conformity of the Facilities
17.1. General
17.1.1. The Facilities that may influence the security, reliability and/or efficiency of the
Elia Grid as provided for in the Grid Codes and in this Contract and for which the Grid
User is responsible pursuant to article 12.2.2. (“Full-size”-management), and in
accordance with article 12.2.4.1. , have to be at all times in conformity with:
The provisions of the CGEF;
The technical requirements that are applicable to the concerned Facilities as
provided for in the Grid Codes;
The technical specifications as mentioned in the relevant Appendices.
For these Facilities the Grid User will provide the actual, general technical data with
regard to the technical requirements in accordance with the applicable Grid Code. The
Grid User has to inform Elia immediately about every possible degradation, anomaly and
non-conformity in case this could have an impact on the safety of persons and goods, on
the safety, the reliability and the efficiency of the Elia Grid, the safety, the reliability and/or
the efficiency of the Connection of the Grid User and/or the Power Quality.
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17.1.2 The Connection Facilities owned by Elia or for which Elia may be, in accordance
with article 12.2.4.2., responsible for the tasks mentioned in article 12.2.2 (“Full-size”-
management) have to be at all times in conformity with
The provisions of the GCEF;
The technical requirements that are applicable to the relevant Facilities as
provided for the Grid Codes;
The technical specifications as provided for in the relevant Appendices.
For these Connection Facilities, Elia spontaneously provides the actual, general technical
data with regard to the technical requirements as provided for in the applicable Grid Code.
With regard to these Facilities, Elia has to inform the Grid User immediately of each
possible degradation, anomaly and non-conformity in case these may have an influence
on the safety of persons and goods and/or the safety, the reliability and/or the efficiency
of the Connection of the Grid User an/or the Power Quality, as defined by the Grid Codes
and in this Contract.
17.1.3 The conformity analyses and inspections of the Facilities that may have an
influence on the safety, reliability and/or efficiency of the Elia Grid as defined by the
GCEF are to be carried out by an independent certified organism, that is bound towards
the Grid User and Elia by confidentiality obligations as stipulated by article 5 of the
Contract. The Grid User must be informed of the results of these conformity analyses and
inspections.
The Parties can demand from each other, via a written reasoned request, the available
test reports evidencing that the relevant Facilities are in conformity with the applicable
technical requirements. In case no such test reports can be provided, each Party can,
itself or by way of an independent certified organism and in the presence of the other
Party, carry out tests in the relevant Facilities in order to establish the conformity with the
applicable requirements. The modalities and the date of the tests and, if applicable, the
certified organism are to be fixed upon mutual agreement by the Parties. In case of non-
conformity of the Facilities, these Facilities are to be adapted and a new date shall be
agreed on to conduct the tests in order to assess their conformity.
Each Party is obliged to provide the requested information to the other Party within a
period of 30 Days after the receipt of the aforementioned request.
17.2 Retention of the obligations of the Grid User and Elia notwithstanding the notice of
conformity
Notwithstanding the establishment of the conformity mentioned in article 17.1 of this
Contract, the Grid User and Elia remain bound by their respective obligations and the
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contracts drawn up pursuant to the applicable Grid Codes as regards the conformity of
the Facilities.
17.3 Disturbing Facilities
The conformity tests provided for by article 17.1 of this Contract include also the tests
and, if applicable, the calculations or simulations, that have to be carried out on the
disturbing Facilities or the Facilities for which there exist indications of disturbances in
order to verify the level of the disturbance in accordance with article 16.2.
17.4 Additional tests
17.4.1. In accordance with the applicable provisions of the Grid Codes, Elia or an
independent certified organism appointed by Elia, shall at the request of the Grid User, at
the request of a third party or on its own initiative, in the framework of its statutory duties
during the term of this Contract carry out tests on the Facilities that may have an
influence on the safety, reliability and/or efficiency of the Elia Grid. For the execution of
these tests, Elia will have access to the Facilities that may have an influence on the
safety, reliability and/or efficiency of the Elia Grid, subject to the conditions provided for in
this Contract.
The modalities and the data of the tests are to be planned in advance on the basis of
consultation between the Grid User and Elia and, if applicable, a third party.
In case the tests prove that the Facilities that may have an influence on the safety,
reliability and/or efficiency of the Elia Grid are not in conformity, Elia shall be entitled to
proceed with the measures as indicated by article 9 of this Contract.
17.4.2. In case the Grid User wants to carry out the tests on the Facilities that may have
an influence on the Connection Facilities owned by Elia or for which Elia is, in
accordance with article 12.2.4.2., responsible for all of the tasks mentioned in article
12.2.2 (“Full-size”-management), it will have to obtain the prior written approval from Elia
in accordance with the applicable provisions of the Grid Codes.
In case the Grid User wants to carry out the tests on the Facilities that possibly may have
an influence on the safety of persons and goods and/or on the safety and/or reliability
and/or efficiency of the Connection Facilities and/or the Power Quality pursuant to the
Grid Codes and this Contract, it can agree with Elia which tests shall be executed in
accordance with the applicable provisions of the Grid Codes.
17.4.3 The Parties shall bear the costs of the tests as follows:
- In case the result of the tests can be attributed to a fault from Elia, the Grid User
or a third party, the liable party shall bear the costs of the tests.
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- In case the result of the tests cannot be attributed to a fault of a Party, the costs
of these tests shall be fully born by the person who demanded the tests.
With regard to the application of this article, the Grid User accepts that it can be
considered to be a third party vis-à-vis the other grid users, in case the Facilities that may
influence the security, reliability and/or efficiency of the Elia Grid and for which the Grid
User is responsible in accordance with article 12.2.4.1. for the tasks provided by article
12.2.2. (“Full-size”-management) are defective.
Article 18: Protection of and access to the Facilities that may influence the safety,
reliability and/or efficiency of the Elia Grid
18.1 Protection of the Facilities that may have an influence on the safety, reliability and/or
efficiency of the Elia Grid, on a site belonging and/or being used by the Grid User.
Without prejudice to the legal obligations of Elia, the Grid User shall take all measures
that can be reasonably expected in order to avoid any damage to the part of the Facilities
which are located on a piece of land belonging to or used by it, that may have an
influence on the safety, efficiency and/or the reliability of the Elia Grid and to avoid any
damage to the Elia Grid or to Facilities of other Grid Users.
The Party to whom a third party has granted a right of use or who owns a terrain with
Facilities that may have an influence on the safety, reliability and/or efficiency of the Elia
Grid, shall be obliged to take the necessary and appropriate measures in order to protect
the access to these Facilities against unauthorized persons.
18.2 General access rules
Without prejudice to the provisions of the Law of 4 August 1996 with regard to the well-
being of employees during the execution of their work, as amended from time to time, the
following rules shall apply.
Within the framework and the limits of the management and maintenance of the Facilities
that may have an influence on the safety, reliability and/or efficiency of the Elia Grid,
compliance with the applicable laws and regulations, with inclusion of article 15 of the
Grid Code Transmission or the corresponding provision of another applicable Grid Code,
and in the interest of the safety, reliability and/or efficiency of the Elia Grid, the Facilities
of one of the Parties, that may have an influence on the safety, reliability and/or efficiency
of the Elia Grid, shall be at all times accessible to the other Party.
The access to the Facilities that may have an influence on the safety, reliability and/or
efficiency of the Elia Grid, shall be immediately provided to a Party, at the simple oral
request of the other Party.
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The Grid User guarantees that Elia shall be provided at all times access to the metering
equipment as provided for in this Contract and that is located on the terrain belonging
and/or used by the Grid User.
The Parties hereby declare that they shall notify each other of the requirements as
regards the safety of persons and goods that the Party to whom access has been
granted shall abide with. The Parties accept that, in case these requirements are
incomplete or inadequate, each Party will apply its own rules.
In case both Parties, in the context of the performance of works on the Facilities that may
have an influence on the safety, reliability and/or efficiency of the Elia Grid, have access
to or can give access to a location where the Facilities are located that may have an
influence on the safety, reliability and/or efficiency of the Elia Grid, and thus this location
may be considered to be an establishment of both Elia and the Grid User pursuant to the
aforementioned Law of 4 August 1996, the Parties commit themselves to draw up a
contract in accordance with article 9 §2 of the aforementioned Law of 4 August 1996.
The Parties shall make the necessary lighting, heating, sockets, water, water discharge,
electricity and other necessary equipment available to each other without compensation
and in so far these are available.
Every Party shall ensure that they, and/or the persons under their supervision, respect
the rights of the other Party as regards the property and/or use, the access and effective
control of all or part of the Facilities that may have an influence on the safety, reliability
and/or efficiency of the Elia Grid.
Article 19: Works, exploitation and maintenance of the Facilities that may influence
the safety, reliability and/or efficiency of the Elia Grid
Appendixes 2 & 3 contain the arrangements that concern, without prejudice to the other
clauses of this Contract, the operation and the maintenance of the Connection Facilities.
If applicable, the Grid User shall provide Elia in real time with the metering data and
signalisations that are necessary for the implementation of the arrangements made in the
context of the exploitation and maintenance in the Connection Point. The technical
characteristics of the provided signals have to be adapted to the tele-installations used on
site by Elia for the concerned data exchange towards its control centre in charge of the
exploitation of the Connection Facilities. The costs related therewith shall be born by the
Grid User.
Appendixes 2 & 3 further contain the procedures concerning respectively the operation
and the maintenance with respect to the Facilities of the Grid User that may have an
influence on the safety, reliability and/or efficiency of the Elia Grid.
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Finally, Appendixes 2 & 3 also contain the provisions and specifications with which the
Grid User must comply, including those concerning the technical characteristics, the
metering and counting, the changes in operating modes and the functionalities of the
security systems.
All manipulations for taking into or out of service high voltage facilities must be configured
in accordance with the operation notes edited by Elia in consultation with the Grid User
and which are put at its disposal following the latter’s request.
The instructions concerning the actions on the switching procedures must be complied
with by the Parties at all times.
Works and maintenance related to the Connection Facilities will be scheduled based on a
consultation with the Parties and on the dates communicated by them.
The Parties shall coordinate their planning for the maintenance and works so as to limit
the unavailabilities of the grid elements and the risk of interruption of the supply of
transmission services to the Grid User to a reasonable minimum. They shall do this
without taking risks related to the safety of persons, whether known or unknown to a
Party, and the safety, reliability or efficiency of the Elia Grid, without making unnecessary
costs and without prejudice to article 9 of the Contract
The applicable directives are included in Appendix 2.
The Grid User will ensure that Elia is entitled and has the possibility to carry out works
and/or maintenance, if necessary. The space necessary for the placement of additional
or complementary connection equipment will be allocated on the basis of an agreement
between the Grid User and Elia.
Article 20: Data exchange
Elia will make the validated metering data available in accordance with the legal and
regulatory provisions and at least on a monthly basis.
The validated metering data concern the following quarter-hourly metering data per
Access Point:
A+ (P+) Positive active energy Active energy from the Elia Grid to the
Grid User
I+ (Q1) Positive inductive energy Inductive energy with positive active
energy from the Elia Grid to the Grid
User
C- (Q4) Negative capacitive energy Capacitive energy with positive active
energy from the Elia Grid to the Grid
User
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In case of an injection from the Facilities of the Grid User towards the Elia Grid, the
validated metering data will concern the following quarter-hourly metering data per
Access Point:
A- (P-) Negative active energy Active energy from the Grid User to the
Elia Grid
C+ (Q2) Positive capacitive energy Capacitive energy with positive active
energy from the Grid User to the Elia
Grid
I- (Q3) Negative inductive energy Inductive energy with positive active
energy from the Grid User to the Elia
Grid
Elia provides the non-validated metering data to the Grid User on a daily basis, and to the
extent that the resources are reasonably available.
As concerns the non-validated metering data that may be provided by Elia, Elia does not
guarantee their completeness and correctness. Elia cannot be held liable for any damage
related to these non-validated metering data.
The Parties can, outside of the framework of this Contract, agree to enter into a contract
for the provision of metering data, in addition to the data that follow from the application
of this Contract, against payment of the costs related to the provision of these data.
Without prejudice to the obligations in the framework of the provision of ancillary services
pursuant to the Grid Code Transmission, the data requirements with regard to the
Facilities that are made available by the Grid User on the Connection Point to Elia, for the
security and reliability of the Connection and the Elia Grid, are defined in Appendix 4.
In so far as Elia is not the Owner and not, in accordance with article 12.2.4.2, charged
with all tasks mentioned in article 12.2.2. (“Full-size”-management), the Grid User shall
be responsible for the provision of the following metering data to Elia for the Production
Units connected to the Facilities of the Grid User with a power above 25 MVA.
A+ (P+)
Negative active energy Active energy from the Facilities of the
Grid User to the Production Unit
I+ (Q1)
Positive capacitive energy Inductive energy during positive active
energy from the Facilities of the Grid
User to the Production Unit
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C- (Q4)
Negative inductive energy Capacitive energy during positive active
energy from the Facilities of the Grid
User to the Production Unit
A- (P-)
Negative active energy Active energy from the Production Unit
to the Facilities of the Grid User
C+ (Q2)
Positive capacitive energy Capacitive energy during positive active
energy from the Production Unit to the
Facilities of the Grid User
I- (Q3)
Negative inductive energy Inductive energy during positive active
energy from the Production Unit to the
Facilities of the Grid User
Article 21: Administrative authorisations
Without prejudice to the legal and regulatory provisions, each Party who owns
Connection Facilities and who is pursuant to article 12.2.2. responsible for the tasks
mentioned in article 12.2.3. (“Full-size”-Management) shall be responsible for obtaining
the town-planning permit, environmental permit, road permit, declaration of public utility
and other possible permits or authorisations necessary for the construction, modification
and the management of these Connection Facilities. In so far as the Party responsible for
the tasks mentioned in article 12.2.2. (“Full size” – management) is not the Owner of the
Connection Facilities, the necessary permits for these tasks will be transferred. In
addition, every Party shall be responsible for obtaining the necessary authorisations and
permits required by the competent authorities for its own works, without prejudice to the
legal and regulatory provisions and unless the Parties have otherwise agreed.
Each Party shall deliver at the request of the other Party all necessary information in
order to be able to file the required authorisation requests.
Each Party commits itself to undertake the necessary measures in order to obtain the
approval from the competent authorities or from the certified control organisms.
The Parties agree that the holder of the permit and the declaration of public utility shall be
regarded as being the manager of these Connection Facilities pursuant to the GCEF and,
inter alia, in this capacity be responsible for the communication of the information about
lines and cables pursuant to article 192 GCEF.
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Article 22: Liability of the parties under the contract
22.1. Relationship with other contracts
The liability of the Parties for damages resulting from a interruption of the access to the
Elia Grid (from the perspective of the Elia Grid this is as far as the Access Point), is
governed by the Access Contract and is consequently not governed by the liability regime
defined hereinafter.
Without prejudice to the preceding paragraph, the following provisions of this article are
applicable to all situations where the liability of a Party comes up in the context of this
Contract; these provisions are applicable to all rights, claims for redress or compensation
to which the Parties are entitled, irrespective of the circumstances in which they occur, in
the framework of this Contract and/or the (non-)performance thereof.
The amounts mentioned in the following provisions of this article will be subject to an
annual indexation on the anniversary of the signing of this Contract, based on the
consumer price index in Belgium for the month preceding the anniversary of the signing
of this Contract (the “new index”). The adapted amounts shall be calculated in
accordance with the following formula: the relevant amount multiplied by the new index
and divided by the initial index. The initial index is the consumer price index in Belgium
for the month preceding the month during which the Contract entered into force in
accordance with article 10 of this Contract.
22.2. Limitation on Liability
Without prejudice to article 22.1 of this Contract, and within the limits of any legal and/or
regulatory payment obligations, the Parties are liable one to the other only and
exclusively for damage caused through deceit, wilful misconduct, gross negligence or
ordinary fault committed by one of the Parties, as well as by any customers and/or
producers connected to the Facilities of the Grid User, against the other Party in the
context of this Contract.
Except in the case of deceit or wilful misconduct, the Parties shall not be liable to each
other for damage other than Direct Damage and this exclusively within the following limits:
In case of a gross negligence of a Party, the latter’s liability for the Material Direct
Damage shall be limited to a maximum amount of 2.500.000 EUR for each case of
damage and per year, provided that the Material Direct Damage can only be
compensated in so far as this fault causes an interruption of the Connection of at least
thirty seconds. The liability of a Party, resulting from gross negligence, for Immaterial
Direct Damage is limited to an amount of 500.000 EUR for each case of damage and per
year, subject to the condition that this Direct Immaterial Damage can only be
compensated in case the fault leads to an interruption of the Connection of at least three
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minutes and in so far as the Immaterial Direct Damage is caused by the Material Direct
Damage.
In case of a ordinary fault of a Party, the latter’s liability shall be limited to the Material
Direct Damage and to an amount of maximum 1.000.000 EUR for each case of damage
and per year, it being understood that:
- this Material Direct Damage can only be compensated in so far as this fault causes
an interruption of the Connection for at least three minutes and
- the compensation for this Material Direct Damage is limited to maximum 300 EUR
for each MWh that could not be injected and/or taken off at an Access Point
because of that fault, for the duration of the interruption.
The limitations on liability provided by this article apply to all claims per site of the Grid
User, as indicated in article 7 of Appendix 1, with inclusion of all Connection Facilities for
such a site.
Except in case of deceit or wilful misconduct, the liability of Elia will never surpass the
amount of 5.000.000 EUR per global case of damage with a unique cause, that has
occurred in the context of a connection contract, with consequences for several grid
users for the totality of the connection contracts entered into by Elia. If the total amount of
the damages surpasses the amount of 5.000.000 EUR, this maximum compensation
amount shall be subject of a pro rata allocation among the grid users.
22.3. Obligation to damage limitation
With regard to events or circumstances for which one of the Parties is liable, or in relation
to which that Party is obliged for whatever reason to take steps or implement resources,
the other Party shall take the appropriate measures which might reasonably be expected
to limit the Damage, taking into account the interests of each of the Parties.
22.4. Notification of claim for damages
As soon as one of the Parties has knowledge of any claim for compensation (including
claims for compensation arising out of a claim from a third party) from which the Party
might be able to claim redress from the other Party, that Party shall notify the other Party
thereof without delay. Notification shall be given by means of a registered letter
mentioning the nature of the claim, the amount thereof (if known) and the method of
calculation, all of which in reasonable detail and with reference to the legal, regulatory or
contractual provisions on which the claim might be based. Without prejudice to the
aforementioned, that Party shall notify the other Party as soon as possible about these
elements.
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Article 23: Insurance
Each of the Parties shall take out the necessary insurance policies in relation to their
obligations and liabilities under the Contract. Consequently, the Parties shall provide for
the following insurances throughout the duration of the Contract:
- insurance against accidents at work;
- insurance for civil liability (including professional liability and after-delivery).
Article 24: Miscellaneous provisions
24.1 Modifications of the contract
Elia has the right to modify the general conditions of this Contract subject to approval in
accordance with the applicable Grid Code.
These modifications shall be applied to all ongoing Connection Contracts with Elia and
will, taking into account the planned modifications and requirements related to the
reliability, the safety, and/or the efficiency of the Elia Grid, become applicable on the
same date, as indicated in the notification via registered mail with acknowledgement of
receipt, sent by Elia to the Grid User, but however not earlier than 14 Days after such
notification.
The future rules implementing the third directive concerning the common rules for the
internal electricity market and repealing Directive 2003/54/EC, can have an impact on
those situations described in this Contract that might be qualified as a closed distribution
system under such future legislation. In such cases the Contract shall be amended on the
relevant points in accordance with this article.
24.2 Notification
Unless expressly provided otherwise in this Contract, the notification shall occur in a valid
way to each of the Parties by way of electronic mail, registered mail, fax (with regular
acknowledgement of receipt) or by way of delivery with acknowledgement of receipt at
the address of the respective contact persons as mentioned in Appendix 7 or on any
other address that one of the Parties notifies to the other for the purposes of this
provision.
Every modification by a Party of the contact details as mentioned in Appendix 7 has to be
communicated to the other Party by way of registered mail. A modification of the contract
shall therefore only be binding upon the other Party as from the third Working day
following the sending of the registered letter.
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In the context of the exploitation and in order to increase the safety of the oral exchange
of information between the Parties and/or their representatives, including the employees,
both Parties agree that the oral communication, with inclusion of the telecommunication,
shall be recorded. Before proceeding with suchlike communication, the Parties inform
their representatives as well as the employees who communicate with the other Party of
the fact that these conversations are recorded. The Parties undertake the necessary
measures for a safe storage of these recordings and to limit the access to these
recordings to people demonstrating their access thereto is necessary. The
aforementioned recordings cannot be used against a natural person in a complaint
procedure.
24.3 Transfer of obligations
Each of the Parties undertakes to transfer the rights and obligations arising from the
Contract neither wholly nor in part (including any transfer as a result of merger, split or
transfer or contribution of a generality or a branch of business (whether or not under the
automatic transfer rules)) to a third party without the prior, express and written consent of
the other Party, who shall not reasonably withhold or delay such consent, especially as
concerns a possible merger or split up of companies.
This Contract, with the rights and obligations arising therefrom, can nevertheless be
freely transferred to companies which are considered as associated to one of the Parties
within the meaning of Article 11 of the Belgian Company Code, on condition however that
the transferee undertakes to transfer such rights and obligations back to the transferor
(and the transferor undertakes to accept them) as soon as the association between the
transferor and the transferee ceases to exist.
24.4 Complete agreement
Without prejudice to the application of the relevant laws and regulations, the Contract and
its Appendices comprise the complete agreement between the Parties and contain all
agreements that were reached between the Parties within the framework of this Contract.
The Grid User irrevocably and unconditionally accepts that its general purchasing
conditions or other general conditions in no way apply to the rights and obligations of the
Parties in relation to the Access to the Elia Grid. This exclusion shall remain in force
throughout the duration of the Contract, notwithstanding any subsequent correspondence
from the Grid User whereby the latter might propose the applicability of its general
purchasing conditions or other general conditions.
24.5 Renunciation
The fact that one of the Parties refrains from demanding strict compliance by the other
Party of any of the provisions and conditions laid down in this Contract or refrains from
invoking a default from the other Party as well as a delay in the exercise of certain means
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of redress under this Contract, may not be construed as a continuing renunciation thereof.
The same will apply in case of a non-recurring or partial exercise of a right or redress.
24.6 Severability
If one of the provisions in the Contract proves to be null, illegal or unenforceable, this
shall not affect the validity of the other provisions. In case such nullity, illegality or
unenforceability affects the rights of a Party, both Parties shall immediately and in good
faith undertake all efforts to negotiate a legal and valid provision with the same economic
consequences.
24.7 Priority over all previous agreements
Both Parties confirm that this Contract supersedes and replaces the provisions of the
Access contract with Elia concerning the conformity and payments with regard to the
Connection referred to in this Contract, as agreed on respectively by the Grid User and/or
the access holder appointed by him (being the contracting party of Elia of the Access
Contract, for the Access Point referred to in this Contract), or at least precedes the
aforementioned existing agreements.
24.8 Continued effect
To the extent that a Party, via contracts for services, sale contracts, lease contracts
and/or other contracts, shall rely, or has to rely, on one or more third parties for the
performance of all or part of its contractual obligations, this Party shall, without prejudice
to more severe clauses of this Contract, make all necessary and reasonable efforts in the
context of its contractual relations with these third party(ies), in order to ensure that such
intervention of these third parties does not constitute a barrier or obstacle for the exercise
by this other Party of all of its contractual rights and obligations, vis-à-vis the first Party.
The intervention of the third party does not affect the liability, under this Contract, of the
Party relying on this third party for the performance of all or part of its obligations under
this Contract.
24.9 Applicable law
This Contract is governed by and interpreted in accordance with Belgian law.
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Drawn up in [•], on [•], in [•] originals, of which each Party concerned acknowledges
having received one. The official version has been drawn up in [Dutch/French]; the
English version is purely informative and may not be used in the interpretation of the
Contract.
[GRID USER]
________________________ ________________________
Name: [•] Name: [•]
Title: [•] Title: [•]
Elia System Operator S.A./N.V.
________________________ ________________________
Name: [•] Name: [•]
Title: [•] Title: [•]
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Appendix 1: Description of the Connection Facility(ies), the Facility(ies) of the Grid User
that may have an influence on the safety, reliability and/or efficiency of the Elia Grid, and
the metering equipment as well as the protections.
This Appendix describes the Connection Facility(ies) as well as the Facility(ies) of the Grid User
that may have an influence on the safety, reliability and/or efficiency of the Elia Grid, [•] located at
[•] and more in general, the technical characteristics of these Facilities, the specific and technical
minimum requirements, the property rights and the references of the single-line diagram.
1. Description of the Facilities
1.1. High voltage facilities (HV):
a) First Connection Bay (from the Elia Grid)
b) Other Connection Facilities
c) Facilities of the Grid User
d) Property rights and/or rights of use
1.2. Low voltage facilities (LV):
1.2.1. Table with case numbers
1.2.2. Elia-post
a) Technical aspects of protections
b) Measurements
c) Power Quality
d) Telecontrol, telesignalling and telesecurity
e) Property rights and/or rights of use
1.3. Buildings and grounds
2. Protections
The applied protections, together with their specifications as well as the property rights are
mentioned above. Every modification, renewal or replacement of the applied protections as well
as every modification, for whatever reason, of the control parameters and/or parameter
Case No. Name of the case Post Property
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configuration of the protections by one of the Parties has to be notified to the other Party.
The control parameters as well as the parameter configuration are determined by Elia after
consultation with the Grid User. The applicable security diagram for the Facilities of the Grid User
is subject to Elia’s prior approval.
3. Specific Facilities Production Units
[•]
4. Single-line diagrams
The Parties will provide each other with the single-line diagrams of the relevant Connection(s).
The Parties will inform each other about any modifications to these single-line diagrams. These
single-line diagrams will serve as a basis for more specific diagrams. The single line diagrams are
included in Appendix 9.
5. Access Point(s) with the NACE code and Connection Power
[•]
7. Geographic location (including address, location maps, … for the Connection Facilities)
[•]
8. Specific provisions concerning the short-circuit capacity
[•]
9. Technical and functional characteristics applicable to the Facilities of the Grid User
[•]
10. Technical and functional characteristics applicable to the Connection Facilities
[•]
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Appendix 2: Procedures concerning the exploitation of the Connection Facilities and the
Facilities that may influence the safety, reliability and/or efficiency of the Elia Grid, as well
as the contacts related to the rescue code and the restoration code.
1. Contact details Exploitation
See Appendix 7
2. Exploitation diagrams
The exploitation limits are clearly indicated on the single-line diagram in consultation with the Grid
User (See Appendix 9)
These single-line diagrams shall provide the following minimum information:
The first visible interruption of every Party;
All high voltage elements that possibly can bring the Facilities to be isolated under
voltage;
The responsibilities as regard the manipulations; and
The exploitation limits as agreed between the Parties.
The names of the high voltage bays and equipment are to be determined in consultation with the
Grid User.
3. Specific exploitation procedures that may influence the safety, the reliability and/or
efficiency of the Grid User as agreed between Elia and the Grid User
[•]
4. Planning
The security, reliability and/or efficiency of the Elia Grid require maintenance and other works to
the Elia Grid and the Facilities. Therefore, in order to enable these works, one should be able to
disconnect the Facilities from the Grid and make them unavailable. The following directives apply:
In general, and without prejudice to other requirements from the Grid Codes or other contractual
agreements between Elia, on the one part, and, on the other part, the Grid User, the access
holder or Access Responsible Party, Elia will inform the Grid User in year Y-1 and in due time of
the planning of the necessary maintenance works to the Elia Grid and the Facilities that may have
an influence on the safety, reliability, and/or efficiency of the Elia Grid and that are owned by Elia
or for which Elia is responsible for all the tasks mentioned in article 12.2.2. (“Full-size”-
management), when these maintenance works will have to be carried out in year Y and may have
an impact on the availability of the Connection. This planning takes into account the duration of
any possible unavailabilities of these net elements.
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Parties will consult each other on the period in which these works and possible unavailabilities will
take place.
No special interventions are planned for short unavailabilities of the net elements (= a few
Working Days/Year). To the extent possible an emergency scenario may be developed at the
request of the Grid User.
Long lasting unavailabilities of the net elements (more than 1 week unavailability) without the
possibility for recuperation will give rise to an analysis of the necessity of this unavailability, an
assessment of the risks and a cost/benefit-analysis of the possible alternatives.
The reasonable costs for the measures to mitigate the risks of the unavailabilities or to limit the
impact of the consequences are borne by the Party for which these measures with regard to its
facilities have been taken. These costs will be subject of a prior consultation with the other Party.
In case no agreement regarding the costs can be reached this will not affect the security, reliablity
or efficiency of the Elia Grid and the necessity to carry out the necessary works for this.
In week W-5 before the week in which the works and the unavailability are planned, Elia / the Grid
User will notify the Grid User / Elia about the planned unavailability. The unavailability has to be
confirmed in week W-1 before the week in which the works and unavailability are planned.
5. Specific agreements between Elia and the Grid User
[•]
6. Contacts related to the rescue code and the restoration code
6.1. Contact for the Connection of Off-takes
See Appendix 7
6.2. Contact for the Connection of Production Units
See Appendix 7
7. Statistical and dynamic stability requirements for Production Units:
[•]
8. Abbreviations used in the note or switching procedure
NEX: Net Exploitation
GS: Grid Services (prev. Maintenance Department)
SAN: Northern Service Area
SB: Responsible manipulator
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LVB: Responsible of local safety
WL: Work Leader
WVG: Work Permit
ATBE: Certificate of provision by Elia
ATBN: Certificate of provision by the Grid User
AIV: Security certificate
BVC nr.: Operation number (number to transfer the facility to the GS)
High voltage equipment
DV: Circuit breaker
SR: Rail disconnector
SL: Line disconnector
SAT: Earthing disconnector
SAT DR: Earthing disconnector between DV and SR
SAT DL: Earthing disconnector between DV and SL
TP: Voltage transformer
TI: Current transformer
SI: Load breaking disconnector
S0: Quick break disconnector
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Appendix 3: Agreements relating to the maintenance and other interventions in the
Connection Facilities and the Facilities that may influence the safety, reliability and/or
efficiency of the Elia Grid.
1. Contact details Maintenance
See Appendix 7
2. Maintenance of the Facilities
The maintenance perimeter shall be determined together with the Grid User and be indicated on
the single-line diagram as included in Appendix 9. If necessary, the perimeter shall be described
therein.
3. Maintenance of the buildings and terrains
Every Party shall be responsible for the maintenance and repair of the buildings and grounds
owned or used by it based on rights of use granted to it by a third party.
If, upon an inspection executed by Elia, Elia would find problems related to the buildings and/or
terrains owned by the Grid User or used by it on the basis of rights of use granted to it by a third
party, the Grid User shall be informed about these problems. The Grid User shall be responsible
for:
The cleaning of the buildings ;
The maintenance of the green zones;
If necessary, to clear the terrain of rats;
Maintenance of the buildings;
Maintenance of the cooling and heating systems;
Control and maintenance of the fire protection system;
etc.
4. Normal, periodical maintenance of the Connection Facilities
The general rules that have to be complied with by the Party responsible for the management as
mentioned in article 12.2.2. (“Full-size”-management) with regard to the normal periodical
maintenance are listed in the table below. These rules describe the type and frequency of the
maintenance in function of the equipment.
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Type of equipment Maintenance description Decommissioning
necessary
Frequency
High voltage
equipment (HV)
Preventive inspection HV-
substation
no [•]
High voltage
equipment (HV)
Analysis oil HV power
transformers
no [•]
High voltage
equipment (HV)
Preventive thermographic
analysis of the HV-
equipment (open cells / AIS)
no [•]
High voltage
equipment (HV)
Preventive maintenance of
the HV-equipment
yes [•]
High voltage
equipment (HV)
Preventive maintenance of
the HV-transformers
yes [•]
High voltage
equipment (HV)
Maintenance and revision of
the tap changer of the HV
transformers
yes [•]
High voltage
equipment (HV)
Cleaning of the HV Isolators yes [•]
Low voltage
equipment (LV)
Maintenance of the pulsated
air compressors HV
no [•]
Low voltage
equipment (LV)
Preventive maintenance of
the LV equipment
yes [•]
Low voltage
equipment (LV)
Installation of the equipment
necessary for the
emergency plan
In function of the
Facility
[•]
Low voltage
equipment (LV)
Control of the batteries (110
V DC and 48V DC)
No, only the
batteries have to
be
decommissioned
Once a year
Low voltage
equipment (LV)
Periodical discharging of the
batteries, in function of the
technology and the lifetime
of the battery
No [•]
Low voltage
equipment (LV)
Control of the counting
The interruption is
dependent on the
necessity to inject
current in the
counting circuit
[•]
Underground
connections / cables
(HV)
Control of the tray in order to
detect accidental damage to
the cable hose in case of an
Yes
[•]
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5. Safety measures and procedures
5.1. Manipulations
a) Certificate of provision Grid User / Elia (ATBN/ATBE)
This document, drawn up by one of the Parties, certifies to the other Party that said other Party
has taken safety measures and that the relevant and demanded net element has been provided
to the requesting Party. These certificates will be exchanged between the Parties as agreed.
The certificate of the Grid User (ATBN) will be sent to: [•]
The meaning of the certificates has been explained to the Grid User. A template of the certificate
Elia (ATBE) has been provided to the Grid User. These certificates shall expressly mention the
visible interruptions and short circuit resistant earthing.
b) Work Permit (WVG)
In case Elia carries out works on the Facilities owned by the Grid User, the Grid User will, without
prejudice to other agreements, provide Elia with a Work Permit containing the necessary
information.
The Work Permit of Elia will be applicable for Facilities for which Elia is responsible for carrying
out the tasks mentioned in Article 12.2.2. (“Full-size”-management).
The Work Permit shall be provided to the work leader in the substation [•]
A template of the Work Permit of Elia shall be provided in the attachment.
accident, caused by third
parties or other external
factors
Underground
connections / cables
(HV)
Inspection of the cable route
on the public domain (in 70
kV and higher)
no [•]
Connections / Lines
(HV)
Thermographic analysis, on
the lines of 150 kV and
higher. performance by a
certified institution.
no [•]
Connections / Lines
(HV)
Metering of the earth
impedance by a certified
institution
no [•]
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5.2. Works
A Party shall inform the other Party prior to the start of the works of:
the specific risks related to its Facilities as well as the safety measures to be taken;
the specific risks related to its activities;
the general and specific safety measures that are applicable to its facility.
5.3. Earthing (fix and removable)
As regards the earthings, every Party is, without prejudice to other agreements, responsible for
the resistance to short circuit of the earthings of its property.
5.4. Safety equipment
Every Party shall use its own safety equipment.
6. Specific maintenance procedures that may have an influence on the safety, the
reliability and/or the efficiency of the Grid User as agreed between Elia and the Grid User
7. Specific agreements between Elia and the Grid User
7.1. [•]
7.2. Execution of article 12 of the General Conditions
Strike out whichever is not applicable
- First Connection Bay:
- Article 12.2.4.1.
- Article12.2.4.2
- Other Connection Facilities
- Article 12.2.4.1.
- Article 12.2.4.2
8. Maintenance perimeters
8.1. HV-maintenance perimeter
8.2. LV-maintenance perimeter
8.2.1. Table with cabinet numbers
Case No. Name of the case Post Maintenance
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Appendix 4: Counting and metering as well as data exchange
1. Contact details counting and metering
See Appendix 7
2. Description of the metering equipment
The metering equipment for invoicing as described in point 2.1 and 2.2 of this Appendix shall be
located in the substation of [•].
As regards the elements mentioned below, one must also indicate on the single-line diagram the
type, the precision, the property rights, the management and the reference.
2.1. Current and voltage transformers
[•]
2.2. Metering equipment
[•]
3. Counting schemes – metering points
4. Conversion formulas
In case the metering point does not correspond with the Connection Point, Elia will correct the
metering data in order to take into account losses and other deviations, caused by this non-
correspondence of those two points.
Elia shall determine the calculation method for the systematic deviation while taking into account
the characteristics of the facilities between the metering point and the Connection Point.
The Parties shall formally inform each other in case of possible modifications to these single-line
diagrams
Calculation method:
Metering point
(EAN – GSRN – Code)
Shortname Localisation
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[•]
5. Characteristics and criteria for the conformity of the metering equipment
5.1. Rules
5.2. Periodicity of the metering data
The counting of the active and reactive energy will be carried out per time interval. The duration
of this time interval is 15 minutes.
5.3. Precision class
The precision class of the meters for active energy is 0,2s and 0,5s for reactive energy.
5.4. Electric link between devices
Every cable connection between a current or a voltage transformer and a meter has to be as
short as possible.
The section of the connection wires between the meters and the current transformers will be at
least 4 mm2.
The section of the connection wires between the meters and the voltage
transformers will be at least 10 mm2.
The connection wires to the current and voltage transformers may not be combined in the same
cable.
5.6. Calibrations
The calibration of the metering equipment shall be carried out prior to the entering into service of
the metering equipment. Subsequently, a calibration will take place every 5 years. The Party who
is the Owner of the metering equipment will have this calibration carried out our will carry it out
itself. In case this is Elia, Elia will provide the Grid User with a calibration report, within 15 Days
after the request of the Grid User. In case this is the Grid User, it will deliver the calibration report
within two weeks after the calibration to Elia.
EN – IEC 60687 Alternating current static watt-hour meters for active energy (classes 0,2 S
and 0,5 S)
EN – IEC 61268 Alternating current static var-hour meters for reactive energy (classes 2
and 3
EN – IEC 60044 - 1 Instrument transformers – Part 1: Current transformers
EN – IEC 60044 – 2 Instrument transformers – Part 2: Inductive voltage transformers
EN – IEC 61107 Data exchange for meter reading, tariff and load control – Direct local data
exchange
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6. Transitory provisions
The metering equipment that is in service on the moment this Contract is signed and that is not in
conformity with the provisions contained in this Contract, shall be made compliant with this
Contract in case this metering equipment may cause damage to the Grid User, to other off-takers
and/or producers connected to the Facilities of the Grid User or to Elia.
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Appendix 5: Power Quality & Electromagnetic comptability
5.1. Variations of voltage
(i) The supply transformer is part of the Facilities of the Grid User.
Elia undertakes to apply all reasonably available means, in order to provide, under the normal
exploitation conditions as described in rule EN 50160, at the Connection Point a voltage level that
will not deviate for 99% of the time from the maximum +/- 10% of [•] kV.
The evaluation takes place based on values of 10 minutes corresponding to the measurement
methods as described in rule EN 50160.
With regard to the characteristics of the voltage of the Facilities of the Grid User one shall use the
framework of reference included in Appendix 1 of the Grid Code Transmission.
The Grid User will have to place a tap changer on its supply transformers, allowing to comply with
at least the above mentioned provisions in function of its needs.
(ii) The supply transformer is part of the Connection Facilities.
Elia undertakes to apply all reasonably available means, in order to provide, under the normal
exploitation conditions as described in rule EN 50160, a voltage level on the high voltage side of
the supply transformer that will not deviate for 99% of the time from the maximum +/- 10% of [•]
kV.
The evaluation takes place based on values of 10 minutes corresponding to the measurement
methods as described in rule EN 50160.
With regard to the characteristics of the voltage of the Facilities of the Grid User one shall use the
framework of reference included in Appendix 1 of the Grid Code Transmission.
The supply transformers are a part of the Connection Facilities and possess the following
characteristics: a control area from [•] to +[•] % and a control threshold of [•]%.
5.2 Disturbing Facilities
This article 5.2 describes the additional measures to be undertaken by the Grid User in case of
the connection to the Elia Grid of disturbing Facilities.
In case disturbing Facilities of the Grid User are connected to the Elia Grid, this appendix
determines the planning levels, the emission limits, the applicable specific rules and monitoring of
such Facilities.,
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The reference short circuit power for the evaluation of the disturbance levels resulting from the
Grid User’s Facilities amounts to [•] MVA. The evaluation procedure for the disturbance levels is
described in the technical reports IEC 61000-3-6, IEC 61000-3-7 and in the procedure Synergrid
C10/17 “Power Quality Requirements” for the users connected to the high voltage grids.
The limits for the disturbing facilities are provided in the procedure Synergrid C10/17. They are
applicable without any reservation, unless the Power Quality study defines other limits.
(If applicable, the limits shall be mentioned below)
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Appendix 6: Payments
Description of the Connection Facilities to determine the payments based on the Connection
Tariff.
Type of Facility,
included the voltage
level + the length in
km + the number of
wire sets in case of
lines + MVA in case
of Transformers
Activation date Management and
compensation for
maintenance /
compensation for the
completion and substantial
modification
Data and amounts
for possible financial
interventions made
by the Grid User
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Appendix 7: Contact details of the Grid User and Elia
7.1 Contact persons Grid User
Contact person Contractual Relations
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person Exploitation of the Connection (24h/24h)
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person Maintenance
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact persons Planning
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact persons analysis of incidents
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person Counting and Metering
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Off-takes (24h/24h)
Name:
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Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Off-takes (outside working hours)
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Production Units (during working hours)
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Off-takes (outside working hours)
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person Invoicing
Name:
Tel.:
Fax.:
E-mail:
Invoice address:
Enterprise:
Address:
Enterprise number:
Tax representative in Belgium (if applicable)
Enterprise:
Address:
Enterprise number:
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7.2. Contact persons Elia
Contact person Contractual Relations
Name: [KAM]
Address:
Tel.:
Fax.:
E-mail:
Contact person Exploitation
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person Maintenance
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person Counting and Metering
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Off-takes (during working hours)
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Off-takes (outside working hours)
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Production Units (during working hours)
Name:
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Address:
Tel.:
Fax.:
E-mail:
Contact person in the framework of the rescue code and the restoration code for the
Connection of Production Units (outside working hours)
Name:
Address:
Tel.:
Fax.:
E-mail:
Contact person Invoicing
Name:
Tel.:
Fax.:
Contact persons Planning
Name:
Address:
Tel.:
Fax:
E-mail:
Contact persons analysis of incidents
Name:
Address:
Tel:
Fax:
E-mail:
E-mail:
Invoice address
Company: Elia System Operator NV
Address: Keizerslaan 20, B-1000 BRUSSEL
Company number: BE 0476.388.378
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Appendix 8: Execution modalities and periods with regard to the realization of a new
Connection or a substantial modification of an existing Connection
8.1. Assumed execution period
[•]
8.2. Assumed date of commissioning
[•]
8.3. General execution modalities
In order to ensure the safety, reliability and/or the efficiency of the Elia Grid, the Connection
Facilities will have to meet the requirements of Elia as regards the materials used and the
modalities of execution.
Therefore each Party disposes of the necessary documents with regard to the relevant
Connection Facilities of which it is the Owner. Elia will provide these documents at the first
request of the Grid User.
A new or substantially modified Connection can only be commissioned if, in addition to the
requirements as provided for in this Contract, the Appendices to this Contract are completed.
8.2.1. Materials (High voltage material and Low voltage material)
[•]
8.2.2. Modalities of execution
[•]
8.2.3. Safety modalities and requirements
[•]
8.4. Specific modalities
[•]
8.5. Additional requirements
A new or substantially modified Connection can only be activated if each relevant Access Point
has been included in an Access Contract.
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8.6. Standard Form Bank Guarantee
Bank guarantee on first demand issued by bank XXX for the benefit of YYY.
To: Elia System Operator N.V., a company established under Belgian law, whose registered
offices are located at 1000 Brussels, Keizerslaan 20, company registration number 0476.388.378.
Our payment guarantee references <> (to be mentioned in all your correspondence);
Our client (name and address of the Belgian instructing party) has informed us of the fact that it
has entered into a connection contract with you (reference and date of the contract) with regard to
the connection to the Elia Grid.
This contract provides inter alia for the issuance of an irrevocable bank guarantee on first
demand for an amount of (EUR and amount in numbers) to serve as a guarantee for the payment
obligations of our client. Therefore, we, bank XXX, provide you with an irrevocable and
unconditional guarantee up to a maximum amount of (currency and amount of the guarantee in
numbers and letters) at your first demand and without any possibility to dispute the merits of this
demand.
This guarantee shall enter into force as of today.
The demand for payment under this guarantee shall only be valid if the following requirements
are met:
In case the guarantee is to be sent abroad / or for the benefit of identification, every demand for
payment shall occur via a bank confirming that the signatures on your demand letter bind you
validly;
Every demand for payment shall us on (date of expiry of the guarantee); and
Every demand for payment shall be accompanied by your written declaration that (name of the
instructing party) has not complied with the obligations under the connection contract and did not
pay the amounts due, notwithstanding that you, as a supplier, delivered the services in
accordance with the contract;
Every demand for payment shall be accompanied by a copy of the unpaid invoice(s) and a copy
of your formal notice.
In case the demand for payment does not comply with the aforementioned requirements or has
been made without any approved delivery of this guarantee, this guarantee shall be declared null
with effect from the first calendar day following (date of expiry of the guarantee).
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This guarantee is governed by and interpreted in accordance with Belgian law and only the
Belgian tribunals and courts shall be competent to resolve any disputes with regard to this
guarantee.
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Appendix 9: Plans and schemes
Boundaries of property – Boundaries of the terrain – Connection Point – Point of Interface
Management limitations maintenance of high voltage facilities
Exploitation diagrams (and legends)
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Appendix 10: Rescue and Restoration codes
PART I. Rescue Code v 04-2013
1. Introduction
Article 312 of the Grid Code Transmission entrusts the Transmission System Operator
with the task of drafting a Rescue Code. A part of the Rescue Code is the Outage Plan, as
established by the Minister for Energy based on a proposal of the Transmission System
Operator and enacted by the Ministerial Decree of 3 June 2005 for laying down the
Outage Plan of the electricity transmission system (referred to hereinafter as "the
Ministerial Decree of 3 June 2005").
The Rescue Code establishes the operational procedures to be followed by Access
Responsible Parties, Grid Users and other system operators in the event of an
Emergency Situation or a Multiple-incident Situation, as referred to in Article 303 of the
Grid Code Transmission, for the purpose of ensuring the safety, reliability and efficiency of
the grid to the maximum extent possible.
These procedures must provide the necessary actions for protecting the Belgian
transmission system, to the extent possible, against the effects of overloads, voltage and
frequency deviations caused by Emergency Situations or Multiple-incident Situations,
occurring inside or outside the Control Area, as well as due to any shortage.
The Rescue Code states (ref. Art. 312 §3 and §4) that, at the first request of the
Transmission System Operator, the Access Responsible Party should be able to activate
all available Production Units at any time so that the following actions can be taken in the
order described below, in accordance with the Grid Code Transmission:
Modification of the supply of Active and Reactive Power of the Production Units
Modification or interruption of Off-takes, in accordance with the Outage Plan
Interruption of connections with foreign grids
Interruption of connections with other grids within the Control Area
Where appropriate, request for the immediate application of Article 32 of the
Electricity Law
As part of the Rescue Code and in implementation of Article 312 §5 and §8 of the Grid
Code Transmission, the Outage Plan includes the measures concerning the modification
and interruption of Off-takes from the transmission system. These measures shall be
applied by the Transmission System Operator and, if so provided by the regional
regulations, by all system operators with grids within the Control Area which are directly or
indirectly connected to the transmission system.
The Outage Plan shall apply to all Grid Users connected to the transmission system
within the Control Area or, to the extent that this has been provided for by the regional
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Grid Codes, to a distribution system or local transmission system within the Control Area
which is directly or indirectly connected to the transmission system.
The actions necessary for implementing the Outage Plan shall be performed, by the
means available to it, by the Transmission System Operator for Grid Users connected to
the transmission system and, if so provided in the regional regulations, on the initiative of
the Transmission System Operator, by the operators of distribution systems or the local
transmission system directly or indirectly connected to the transmission system for the
Grid Users connected to these grids under the conditions specified in the regional Grid
Codes.
The Transmission System Operator shall organise, in accordance with Article 383 of the
Grid Code Transmission, the consultation with the operators of distribution systems and
local transmission systems, with a view to obtaining an interaction agreement for the
interruption of the load. The distribution system operators may provide the Transmission
System Operator with the technical capability of interrupting loads selectively, in
accordance with the priorities defined in the Outage Plan.
The Outage Plan, as part of the Rescue Code, contains two sections:
Procedure for protecting the Electrical System against sudden phenomena that
undermine the integrity of this system without warning
Procedure for protecting the Electrical System in the event of an announced
shortage of electricity for a considerable, more or less predictable period of time
Before discussing the Rescue Code and the associated Outage Plan, it must be
emphasised that the primary responsibility for maintaining the balance between
production/import and consumption/export lies with the Access Responsible Parties.
Indeed, under Article 157 §1 of the Grid Code Transmission, the Access Responsible
Party is obliged to provide and make operational all reasonable means for maintaining the
balance, on a quarter-hourly basis, between Injections and Off-takes.
As far as the taking of measures in case of shortage is concerned, it should be pointed
out that the coordination between production facilities and electricity consumption shall be
regulated by Articles 3, 4 and 5 of the Electricity Law. These Articles form the basis for
taking any structural measures, outside the direct area of competence of the system
operator, with regard to coordination issues between the production facilities and
electricity consumption.
The application of the Rescue Code and in particular, the introduction of measures in the
event of shortage caused by the failure to meet the balancing obligation, are aimed at
reducing, to the extent possible, the consequences of such a situation - which is in no
way the responsibility of the system operator - for the consumers.
2. Procedure for protection against sudden phenomena
Sudden phenomena (such as frequency fluctuations, voltage dips, etc.) are caused by the
sudden imbalance between production, transmission and Off-take of electricity as a result
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of Emergency Situations and Multiple-incident Situations, as indicated in Article 303 of the
Grid Code Transmission.
In the event of the occurrence or threat of occurrence of a sudden imbalance between
production and Off-take of electricity, either locally or at the level of the Control Area or at
the level of the interconnected ENTSO-E grid, and where this imbalance cannot be
compensated for sufficiently or within a sufficiently short time by increasing production in
the relevant part of the Control Area or by increasing the supply of electricity to the
relevant part of the Control Area, the measures described below shall be taken. Here too,
it must be emphasised that the primary responsibility for maintaining the balance between
production/import and consumption/export lies with the Access Responsible Parties.
Indeed, under Article 157 §1 of the Grid Code Transmission, the Access Responsible
Party is obliged to provide and make operational all reasonable means for maintaining the
balance, on a quarter-hourly basis, between Injections and Off-takes.
All the signals described below are normally controlled by the System Engineer of the
National Control Centre (NCC) or where appropriate, by Frequency Relay. These signals
can also be activated by the regional dispatcher, if this is required due to a zonal problem.
2.1. Notification of an Emergency Situation or Multiple-incident Situation IF POSSIBLE
ELIA ALARM
This signal notifies the Energy Coordinators of the producers, who pass on the
alarm message to all their power plants connected to the transmission system.
These power plants stop all works and tests, activate primary control and
disable the deadband. They stand by to implement other orders of the National
Control Centre ("NCC") without delay. The XconfidentialX power plant(s) start(s)
one diesel generator.
This signal notifies the regional dispatching centre and the distribution system
operators.
2.2. Modification of the supply of Reactive Power of the Production Units
SIGNAL PER POWER PLANT
MVAr ACTION
This signal notifies the Energy Coordinators of the producers, who pass on the
alarm message to the relevant power plants connected to the transmission
system. These power plants increase to maximum MVAr production, taking into
account the Capability Curves and remain in a state of automatic voltage
control.
This signal notifies the regional dispatching centre, which switches on all
capacitor banks.
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2.3. Modification of the supply of Active Power of the Production Units
SIGNAL PER POWER PLANT
MW ACTION
This signal notifies the Energy Coordinators of the producers, who pass on the
alarm message to the relevant power plants connected to the transmission
system.
The hydraulic power plants, which are operating pumps, stop pumping. This
also happens automatically through a Frequency Relay regulated between 49.8
and 49.7 Hz.
The hydraulic power plants of XconfidentialX, which have stopped works or
where turbines are in operation, operate the turbines to generate 400 MW
more. The hydraulic power plants of XconfidentialX, which have stopped works
or where turbines are in operation, operate the turbines to generate at
maximum capacity.
The other units that are not yet at maximum, increase to 95% of their maximum
Active Power as quickly as possible. The units that are at maximum, remain at
maximum Active Power.
The gas turbines at XconfidentialX are started. All diesel generators at
XconfidentialX are started.
START TURBOJETS
This signal notifies the Energy Coordinators of the producers, who immediately
start the relevant turbojets and take them as quickly as possible to maximum
power. The same actions are performed automatically by a Frequency Relay
regulated between 49.8 and 49.7 Hz.
2.4. Modification of Off-takes
LOAD CONTROL
This signal notifies the Regional Control Centres (RCC), which carry out the
following actions:
o Send a request to the distribution system operators to shutdown storage
heaters and hot water boilers
o Reduce the automatic voltage control of the Distribution Transformers by
5%
The automatic voltage controllers of the Distribution Transformers are blocked in the
direction of "increase secondary voltage".
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2.5. Interruption of Off-takes in accordance with the Outage Plan
The Transmission System Operator may avail of all or part of the measures specified in
Article 312, §5, paragraph 2, 1° of the Grid Code Transmission, i.e. the obligation of the
Transmission System Operator to:
Interrupt all or part of the Off-takes, for which a priority list is drawn up
Interrupt connections with foreign grids
Interrupt connections with other grids in the Control Area
2.5.1. Interruption of all or some of the Off-takes
Taking into consideration Articles 2.3.1 (order of implementation) and 2.4 (list of high-
priority Grid Users) of the Ministerial Decree of 3 June 2005, NCC has decided to take the
following actions:
Action (to be carried out in this order) Implemented by
1° Interruption of contractually interruptible power NCC
2° Discontinuation of exports from the Control Area NCC
3° Interruption of Injections in rural grids with a voltage less than
30 kV
RCC
4° Interruption of supply to industrial production processes directly
connected to the grids operated by the Transmission System
Operator
RCC
5° Interruption of Injections in urban grids with a voltage less than
30 kV
RCC
The measures taken by the Transmission System Operator in accordance with the
Outage Plan shall be notified by it, via the quickest means, to Grid Users connected to the
transmission system and to operators of other grids which are directly or indirectly
connected to the transmission system and which are affected by this. The operators of the
other grids shall, where appropriate, notify the Grid Users connected to their grids. The
Transmission System Operator and other operators of the relevant grids shall also publish
these measures on their website. The time required for these notifications and
publications should not result in a suspension or delay in the application of these
measures.
The Transmission System Operator shall notify, via the quickest possible means, the
GCCC, the Minister for Energy and the Minister for Economy of the measures taken.
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2.5.2. Interruption of connections with foreign grids
If the Transmission System Operator decides that the energy flows from or to the foreign
grids imply a risk to the safety of the Belgian Electrical System, it is authorised to interrupt
all or some of the connections with foreign grids, taking into account the rules and
recommendations regulating the interoperability of European connections and energy
exchanges within the Control Area.
Depending on the type of problem, NCC shall determine whether the northern border
and/or the southern border should be opened. The system operators involved, RTE
and/or TenneT shall be notified as quickly as possible.
2.5.3. Interruption of connections with other grids within the Control Area
If the Transmission System Operator decides that the energy flows from or to the other
grids within the Control Area imply a risk to the safety of the Belgian Electrical System, it
is authorised to interrupt all or some of the connections with these grids. The system
operators involved shall be notified as quickly as possible.
3. Procedure in case of a shortage
Despite all the preventive measures taken, it cannot be completely ruled out that the
electricity production shortages assume such an extreme form that the Access
Responsible Parties are no longer able to meet their balancing obligations and that this
situation leads to an imbalance between production and Off-take of electricity within the
Control Area which cannot be compensated for by the Transmission System Operator by
activating the production facilities available within the Control Area. Indeed, under Article
157 §1 of the Grid Code Transmission, the Access Responsible Party is obliged to provide
and make operational all reasonable means for maintaining the balance, on a quarter-
hourly basis, between Injections and Off-takes.
The procedure in case of a shortage, as part of the Outage Plan, as established by the
Minister for Energy based on a proposal of the Transmission System Operator and
enacted by the Ministerial Decree of 3 June 2005, involves taking and implementing
measures to be issued by the government with respect to electricity consumption, with the
aim of maintaining (stabilising or maintaining the stability of) the Electrical System within a
limited area or within the entire Control Area in case of a persistent imbalance between
demand and supply.
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3.1. Area of application
The procedure in case of a shortage shall be applied (*):
if one or more Access Responsible Parties notify the Transmission System
Operator that it/they will not be able to fulfil their balancing obligation, as
stipulated in Art. 157 of the Grid Code Transmission, for a considerable, more or
less predictable period of time and if this situation gives rise to an imbalance
between production and Off-take of electricity within the Control Area which
cannot be compensated for by the Transmission System Operator by activating
the production facilities available within the Control Area; or
if the transmission system is no longer capable of transmitting a sufficient
amount of electricity to certain parts of the Control Area for a considerable,
more or less predictable period of time.
(*) In case of an electricity shortage as a result of social disputes, the procedure stipulated
by the Regent's Decree of 29 January 1949 shall apply.
3.2. Facilities:
If the Transmission System Operator announces a state of shortage, the procedures set forth in the Outage Plan shall be implemented, so that the balance within the Control Area can be restored or the local energy shortages can be reduced by:
instructing the Grid Users or categories of Grid Users in the entire Control Area
or in certain parts thereof to reduce their Off-take of electricity from the grid
within the specified limits; or
forbidding them to use electricity for certain purposes.
3.3. Activation
The Transmission System Operator shall notify the Minister for Energy, the Minister for
Economy, the Director-General of the Directorate General for Energy and the Government
Coordination and Crisis Centre (GCCC) regarding the electricity shortage based on a
mutually agreed notification procedure and communicate the following:
Amount of load
Geographical location and scope
Expected duration and frequency
In accordance with Article 312, §5 of the Grid Code Transmission, the Minister for Energy
and the Minister for Economy shall determine the Outage Plan, based on a proposal of
the system operator, as provided for in Article 312, §4, 1° of the Grid Code Transmission.
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If the measures referred to in 3.2 cannot be applied in time or appear to be insufficient,
the connections of some categories of Grid Users connected to the grids of the
Transmission System Operator and, if necessary, those of the distribution system
operator or the local Transmission System Operator directly or indirectly connected to the
transmission system may be interrupted (in case of absolute necessity and for as short a
period of time as possible), in implementation of the Outage Plan.
The measures taken by the Minister for Energy and the Minister for Economy shall be
notified, via the quickest possible means, to the Transmission System Operator. The
Ministers for Energy and Economy shall notify the relevant operators of the grids,
connected directly or indirectly to the transmission system, which are affected by these
measures or they shall entrust the Transmission System Operator with the task of
notifying these system operators via an explicit mandate to do so.
As soon as possible and via publication in the Belgian Official Gazette, the Minister for
Energy and the Minister for Economy shall make all the necessary preparations for the
official notification of the enacted measures. At the same time, the Minister for Energy and
the Minister for Economy shall notify the public regarding these measures via all kinds of
media, including radio, television and the daily press. The time required for these
notifications and publications should not result in a suspension or delay in the application
of these measures.
The Transmission System Operator and other operators of the grids involved shall notify
the Grid Users, which are connected to their grids and which will be affected by the
measures, regarding the measures taken. The Transmission System Operator and other
operators of the grids involved shall also publish these measures on their websites.
3.4. Implementation and follow-up
The Transmission System Operator shall report to the Minister for Energy and the Minister
for Economy on the follow-up of measures taken for Grid Users directly connected to the
transmission system with regard to the quarter-hourly averages of the decreased power of
the Grid Users subject to restrictions.
Where appropriate, the Transmission System Operator shall notify the Minister for Energy
and the Minister for Economy for the Grid Users, which are not connected to the
transmission system, regarding the ratio of the realised load reduction to the expected
load reduction per section of the Control Area, where the restrictions are in force.
The monitoring of the implementation of the applicable measures, pursuant to the
Ministerial Decree of 3 June 2005, shall be carried out by duly appointed officials of the
Directorate Generals for Energy and Control and Mediation of the Federal Public Service
Economy, SMEs, Self-employed and Energy.
The Grid Users must, at all times, allow the system operators or the officials responsible
for monitoring the implementation of the Ministerial Decree of 3 June 2005 to draw up an
overview of the electricity consumption at their Facilities; at a simple verbal request, they
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must provide the operators of the electricity grids or these officials with any items that may
be useful for providing information regarding their electricity consumption.
4. Management of the amount of power required to be interrupted and reduced
The measures referred to in sections 1.2.5 and 1.3.2 must be applied to the entire Control
Area or part thereof, in accordance with criteria set out in Article 312 §6 of the Grid Code
Transmission.
Impact level of the measures taken
Localisation of the problem
Degree of prevention and protection
Maintenance of the integrity of the transmission system
4.1. Procedure for protection against sudden phenomena
In order to measure the reduction and/or interruption of the Off-takes from the grid into
specific doses, both geographically and in terms of approximate amounts, the grid shall
be divided into five geographical areas, within which the sub-grids to be interrupted shall
be further divided into the consecutive sections. The sections shall be composed such
that, for each section, almost 5% of the load of the geographical area involved is
interrupted/reduced.
These interruptions may be performed manually as well as automatically, through locally
set-up Frequency Relays.
The composition of the geographical areas and the composition of the various sections
shall be indicated in the internal procedure for the implementation of the Rescue Code.
4.2. Procedure in case of a shortage
The steps for arriving at the identification and estimation of the shortage as well as the
notification thereof shall be part of an internal procedure.
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PART II. Restoration Code - v 03/09/2010
1. Legal framework
In accordance with Article 314 §1 of the Grid Code, the system operator, after consulting
the Commission, shall draw up the Restoration Code, which, where appropriate, shall be
included in the contracts referred to in Article 312 §1 of the Grid Code. The Restoration
Code and its amendments shall be notified to the Commission.
In accordance with Article 314 §2 of the Grid Code, the Restoration Code shall lay down
the operational procedures applicable to the Access Responsible Parties, Grid Users and
other system operators, when the Electrical System needs to be restored in whole or in
part.
Article 314 §3 of the Grid Code states that, for the restoration of the grid, the Access
Responsible Party should be able to restart all available Production Units, at any time, at
the first request of the system operator, in order to:
1° Provide a supply of Reactive Power
2° Provide a supply of Active Power
Article 314 §4 of the Grid Code states that the system operator is entitled, based on
information available to it, to restore and/or interrupt at any time, in whole or in part, one
or more Off-takes with the aim of restoring the integrity of the Electrical System as soon
as possible, which does not allow the provisions specified in Article 312 of the Grid Code
to be safeguarded, and where appropriate, it is entitled to request the immediate
application of Article 32 of the Electricity Law.
Article 315 of the Grid Code states that the system operator may modify the Restoration
Code at any time. The modifications thus made shall only come into effect when these
modifications are notified by the system operator to the parties with which it has
concluded a contract, as referred to in Article 312 -§1 of the Grid Code.
Article 316 of the Grid Code states that the system operator is entitled, in consultation
with all parties involved and at the expense of the system operator, to monitor the
efficiency, via simulation and testing procedures, of the following:
1° Procedures contained in Rescue Code
2° Procedures contained in the Restoration Code
In accordance with Article 52 §1 of the Grid Code, the system operator shall determine
the minimum technical and functional requirements to be applied with respect to the
equipment of the Grid User, in order to ensure the safety, reliability and efficiency of the
grid. These minimum functional requirements are related to the technical solutions and
the control parameters to be applied, in consultation with the Grid User, in the context of
the Rescue Code and the Restoration Code.
Finally, Article 373 §1 of the Grid Code states that the system operator and operators of
the distribution system or the local transmission system, for the purpose of concluding an
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operations contract, shall reach an agreement regarding the rights, obligations and
procedures relating to all operational aspects which may affect, either directly or indirectly,
the safety, reliability and efficiency of the concerned grids, Connections or Facilities of
Grid Users. In the same operations contract, they shall also agree on the application
provisions for the Rescue and Restoration Code.
This Restoration Code shall be compiled by Elia and made available to all Grid Users
involved as an Appendix to the contracts referred to in Article 312 §1 of the Grid Code (i.e.
the Connection Contracts or the Access Contracts, if there is no Connection Contract) and
Article 373 §1 of the Grid Code.
The practical implementation of the Restoration Code shall also be included in the various
procedures of the Elia control centres. The latter procedures contain a detailed list of
actions for the implementation of the Restoration Code. However, these are internal
procedures which do not need to be known by the Grid Users for the fulfilment of their
roles.
2. Introduction
In case of an Emergency Situation or a Multiple-incident Situation which is not included in
the preparation of the operations programme and which cannot be restored, the system
operator shall assess the situation and pursuant to the Grid Code, may take all necessary
actions to ensure the safety, reliability and efficiency of the grid.
For example, in order to restore the balance of the Belgian Control Area, either an
increased production or an increased supply of electricity from outside the Control Area
will be required. If this is insufficient, the system operator may, if it deems this necessary,
activate the Rescue Code and modify or interrupt the Off-takes in accordance with the
Outage Plan.
If the system operator, after implementing all the intervention measures, fails to stabilise
the Belgian grid, this may lead to a total or partial collapse of the Belgian grid (a so-called
"Black-out"1). This may occur very quickly, in a kind of avalanche effect, where one outage
due to overload triggers a subsequent overload and outage, and so on.
In such a highly exceptional situation, Elia shall apply the Restoration Code to restore the
energy supply. The Restoration Code includes measures for gradually restoring the
Electrical System from a Black-out Situation, in accordance with a specific procedure and
sequence of actions. Here, it is important to connect loads to power in a judicious manner
and in this way, following the oil-slick principle, gradually bring increasingly larger parts of
the Electrical System back into operation.
1 Elia refers to a Black-out when the Belgian electricity grid is faced with a sudden loss of
at least 2,000 MW, leaving the entire high-voltage grid or large parts of it without voltage. A Black-out may necessitate the activation of the Restoration Code.
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2.1. Possible causes of a Black-out
The Belgian high-voltage grid operated by Elia boasts a high level of reliability and
availability. Nevertheless, an exceptional concurrence of incidents may give rise to
sudden imbalances between production, transmission and/or Off-take of electricity.
According to the CIGRE definition, the stability of an Electrical System can be defined as
its ability to regain, starting from a given initial state, a state of balance (so that the entire
Electrical System remains virtually intact) after being subjected to a physical disturbance.
Also, according to CIGRE, the physical phenomena which can lead to a disturbance of
the stability can be divided into:
• Rotor angle stability, referring to the ability of generators, which are part of an
interconnected Electrical System, to remain synchronous after a disturbance.
This depends on the ability to maintain/restore the balance between the
electromagnetic and mechanical torque of each synchronous machine.
Instability can lead to increasing angular fluctuations of some generators, as a
result of which they lose their synchronism with other generators.
• Stability of the frequency, related to the ability of an Electrical System to maintain a
stable frequency after a serious imbalance between production and
consumption. Instability can lead to the shut-down of Production Units and/or
the load. In large, mutually interconnected Electrical Systems, these kinds of
situations are most common after the division of the Electrical System into
various islands. In this case, stability is mainly dependent on whether or not
each island can reach state of balance with a minimum loss of load.
• Voltage stability refers to the ability of an Electrical System to maintain acceptable
voltages at all junctions of the Electrical System under normal, initial
circumstances and after a disturbance. This depends on the ability of the grid to
supply the required Active and Reactive Power. Instability occurs in the form of
a progressive voltage increase or voltage dip at some junctions, which may
result in the loss of load in an area.
When the Electrical System is unstable after an incident, one form of instability may
eventually lead to another form of instability, creating an avalanche effect.
2.2. Communication scheme
Throughout the restoration procedure, operational communication between the different
partners is of crucial importance. Since this may be different from the communication
during normal operations, it is important to clearly establish the partners which will
communicate with one another during the restoration of the grid.
The central point of communication shall be the National Control Centre of Elia (NCC).
NCC may delegate part of the communication to a Regional Control Centre (RCC).
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In concrete terms, Elia shall maintain contact with the following parties for implementing
the Restoration Code:
Energy Coordinators (Access Responsible Parties)
The contact point at Elia shall be the National Control Centre (NCC).
Production Units, connected to the 380-kV transmission system
For units connected to the 380-kV grid, the contact point at Elia shall be the
National Control Centre (NCC).
Production Units connected to the transmission system <380 kV
For units connected to the 30-220-kV grid, the contact point at Elia shall be the
Regional Control Centre (RCC).
Distribution system operators
For distribution system operators, the contact point at Elia shall be the Regional
Control Centre (RCC).
Industrial customers, directly connected to the transmission system
Industrial consumers, directly connected to the transmission system, shall
communicate with the Regional Control Centre (RCC).
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2.3. Training courses
Elia shall provide training to its operational personnel, which shall consist of theoretical
training (ensuring sufficient basic knowledge) and practical training (on a simulator).
The Grid Users shall be responsible for training their personnel, in accordance with the
responsibilities set forth in the present Restoration Code, so that the planned actions can
be implemented efficiently by the parties involved. Of course, Elia is always prepared to
organise training courses on the Restoration Code at the request of the Grid User.
2.4. Monitoring
Elia shall be entitled to monitor the efficiency of the Rescue and/or Restoration Code. This
monitoring can assume various forms: verifying whether documentation is available,
whether personnel are updated, simulations, Black-Start testing. The monitoring activities
may be announced with a long or (very) short notice period.
3. Responsibility
The specific role of each of the Grid Users, producers, distribution system operators and
industrial customers directly connected to the transmission system is crucial for the
efficient implementation of the Restoration Code.
The procedures described by the Restoration Code must be implemented not only by Elia
personnel, but also by the personnel of the distribution system operators, producers,
industrial customers, and so on.
This is why it is very important that the terms of cooperation and general operating
procedures are clearly defined.
The Restoration Code describes the strategy and work methods followed by Elia in order
to restore supply to its customers in a coordinated manner and as soon as possible after
a partial or complete Black-out.
Several responsible parties are involved in this:
3.1. Transmission system operator Elia
Elia is responsible for updating procedures and conducting regular training
courses for its operational personnel.
In the event of a Black-out, the National Control Centre, together with the
Regional Control Centres, shall draw up an analysis of the situation.
o For this, NCC and the RCCs shall request information from neighbouring
Transmission System Operators, distribution system operators, ARPs,
power plants, producers, industrial customers, and so on.
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After analysing the situation, NCC shall select the most suitable strategy.
o NCC and the RCCs shall communicate the selected strategy to the
parties involved.
When implementing the Restoration Code, Elia personnel, i.e. the operators and
managers of the National and Regional Control Centres, shall be assigned a
coordinating role.
o In this role, they shall issue the necessary instructions to the
neighbouring Transmission System Operators, distribution system
operators, producers and industrial customers.
Depending on what possibilities are available, Elia shall try to provide a minimum
supply to industrial Grid Users, to enable them to keep their Facilities in good
condition. In any case, the industrial processes of the Grid User may be
restarted only with the explicit permission of Elia.
3.2. Energy Coordinators (ARPs)
The Energy Coordinators (ARPs) are responsible for the overall coordination of the units
managed by a producer with production facilities within the Belgian Control Area. For this,
the ARP shall receive the following information regarding the situation: selected strategy,
current phase of the procedure, and so on.
3.3. Production Units
Good cooperation with power plant personnel is essential, since they are responsible for
operating the Production Units.
Connection to the grid must be done in coordination with Elia.
o Hence, automatic connection to the grid after a disturbance of any nature
shall not be permitted.
The Grid User connected to a Production Unit on the Elia grid shall take the
necessary measures to make the chances of successful Islanding as high as
possible. This means that the Production Unit in question can continue to
function isolated from the grid in the event of a Black-out.
o The decisive factor for this shall be the choice and set-up of equipment,
training of personnel and the conducting of analyses and/or tests.
o If a power plant is able to work in an Islanding mode and also has a
speed regulator, then the Grid User must ensure that it is able to supply
voltage to a busbar at 0 kV.
The Grid User connected to a Production Unit on the Elia grid must indicate a
contact person who will be available 24 hours a day. In the event of a Black-out,
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this contact person must be able to provide clear information to Elia about the
possibilities and limitations of the unit involved. This includes:
o Is the Islanding successful or not?
o What is the time needed for the power plant to send voltage or reconnect
to the grid?
o Limitations on the production of Active Power:
What is the minimum load for ensuring the stable operation of the
unit?
What is the ramping rate?
What is the maximum production?
If the power plant has a speed regulator: what is the maximum
block of load that can be absorbed without jeopardising the
stability of frequency and voltage?
o Limitations on Reactive Power: both for production and absorption?
The contact person shall follow the instructions of the Elia Control Centre as
quickly and smoothly as possible. These instructions may be as follows:
o To send voltage to the grid
o To operate in parallel with the grid
o Choice of power or speed control and:
o In case of speed control: to maintain a certain frequency (between 49.00
Hz and 51.00 Hz)
o In case of power control: to maintain a certain set value for active
production
o To maintain a certain voltage level at the Connection Point or a certain
Reactive Power
o To disable the deadband of the primary control
o Any other instruction required for the restoration of the grid
3.4. Distribution system operator (DSO)
The distribution system operators are important partners for the regional restoration of the
grid, since they can ensure access to high-priority loads for distribution.
Each distribution system operator must indicate a contact person who will be
available 24 hours a day (dispatching). This contact person must be able to
inform Elia about the state of the Grid User's Facilities, which includes the
following:
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o Possibility of resuming Off-takes
o Information on any persistent errors observed in the distribution system
o Information about the time required to carry out Clearing
o Information on possible priorities for re-supply of load
Each distribution system operator must also be able to carry out and guarantee
Clearing of the substations under its management within a reasonable time.
o Elia shall re-send voltage to the substations involved only after
confirmation that Clearing has been carried out.
A distribution system operator must be able, after Elia has sent voltage, to
increase the Off-take in blocks of maximum 5 MW. The total Off-take must be
limited, based on the indications from the Regional Control Centres of Elia.
The distribution system operator shall pay attention to the high-priority loads, as
specified in §1.4 of the Outage Plan. In concrete terms, this means that, as far
as is technically possible, the following order of priority shall be respected for
resupplying the load:
1. Emergency services of high-voltage substations of Production Units
2. Hospitals, emergency services, public transport, vital communication centres
3. Supply to sensitive industries
4. Urban load
5. Industrial production processes
6. Non-urban load
3.5. Industrial consumers
Grid Users, which are connected to the Elia grid as industrial consumers, must:
Indicate a contact person who will be available 24 hours a day
This contact person must be able to inform Elia about the state of the Grid
User's Facilities and the possibilities of resuming the load
The Grid User shall also take measures to gradually increase its Off-take in
blocks of maximum 5 MW. The total Off-take must be limited based on the
indications from the Regional Control Centres of Elia.
o The purpose of the initial load is mainly to safeguard the Facilities and
prevent damage; the Grid User may re-start its industrial processes only
after obtaining explicit permission from Elia.
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4. Restoration Code
4.1. Automatic grid division
Elia emphasises that disturbances in the high-voltage grid can have very divergent
consequences and remedying these consequences is a complex task. To somewhat
simplify this task, the high-voltage grid shall be automatically split up into six independent
parts when it becomes disconnected from the power supply.
Relays, set up in Elia high-voltage substations, are used to detect such a disconnection
from the power supply. Such relays are set up:
On 380-kV transformers, by which their breaker is tripped at lower voltages
At the borders of the five electrical areas, as described in the Rescue Code
In some areas, Distribution Transformers are also automatically switched off at
zero voltage
International borders are also disconnected in case zero voltage is detected
This method offers the following advantages:
A major problem is divided up into sub-problems
The system engineer of the National Control Centre and the regional
dispatchers can respectively focus on the restoration of the 380-kV grid, on the
one hand, and the 150-kV grids, on the other
The complex task of restoring the entire grid becomes clearer
The responsible dispatchers can focus on restoring their part of the grid without
first having to worry about the adjacent parts
The energisation of a part of the grid cannot be carried out in an uncontrolled
manner or unwanted voltage sent to neighbouring grids
The restoration of the different parts of the grid shall be coordinated by the NCC system
engineer.
4.2. Different phases of a restoration
Depending on the status and progress of the restoration, priorities also change. For this
reason, it is necessary to divide the process of restoration of the grid into several
successive, clearly understandable phases.
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Elia defines three phases:
Phase I = Preparation
Ideally <30-60 minutes
Phase II = Restoration of the Electrical System
Ideally <4 hours
Phase III = Restoration of the load
May take more than 18 hours
4.2.1. Phase I = Preparation
Priorities in Phase 1:
Analysis of the status
Selection of the most suitable scenario
Communication to the parties involved
NCC and the RCCs have a procedure and a general list which provides them with clear
guidance during this first phase. In addition, it shall be ensured that no important
information is overlooked, that work is carried out in a structured manner and that all
information required for selecting the most suitable strategy is noted.
NCC shall play a central role in this phase and analyse the collected information. After
analysis and consultation, the NCC system engineer shall decide which scenarios will be
applied.
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4.2.2. Phase II = Restoration of the Electrical System
Priorities in Phase 2:
Energisation of the backbone of the transmission system
Supply of high-priority loads (approximately 10% of the load), as far as this is
technically and practically possible:
o Emergency services of high-voltage substations and power plants
o High-priority customers which are directly connected
o High-priority distribution customers
As soon as possible: synchronisation of islands
Several scenarios are possible for the restoration of the Electrical System. In order to
establish clear guidelines, two main scenarios are used:
Restoration Code A, where the entire Belgian high-voltage grid is without power
but foreign 380-kV grids may still be partly or wholly relied on.
o In this case, the restoration of the Electrical System shall be
carried out from France or the Netherlands
o In jargon, these are called ‘top-down’ scenarios
Restoration Code B, where the entire Belgian high-voltage grid is without power
but foreign grids may not be relied on.
o In this case, the restoration of the electrical system shall be
carried out using power plants with successful Islanding and/or
Black-Start power plants.
o In jargon, these are called "bottom-up" scenarios.
As soon as it becomes technically and practically possible, the various islands which were
restored shall, where appropriate, be synchronised with one another. Even if it is not yet
possible to synchronise these islands, we will still proceed to Phase 3.
Hence, after the end of Phase 2, a backbone of the transmission system will have been
restored and supply re-started to its high-priority customers, to the extent that this is
technically and practically possible. Of course, all busbars, lines, transformers and loads
will not be in operation at this time for the simple reason that there will not yet be sufficient
production capacity available to supply and/or energise the entire load.
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4.2.3. Phase III = Restoration of the load
Priorities in Phase 3
Re-supply the remaining 90% or so of the load
Restore topology to normal state
If this has not yet happened in Phase 2 (for example, because it was technically
or practically impossible): synchronisation of islands
The main priority in Phase 3 is, therefore, to start supplying the remaining load. Here, it is
important to connect loads to power in a judicious manner and in this way, following the
oil-slick principle, gradually bring increasingly larger parts of the Electrical System back
into operation by:
o Operating additional transformers for distribution
o Operating power plants parallel with the grid and providing the necessary
instructions
o Operating the remaining busbars and lines and normalising the topology
o Insofar as this was not done in Phase 2: synchronisation of islands, and
so on
o As soon as sufficient power becomes available due to the availability of
Production Units and/or connections with foreign grid, the load can
gradually be re-supplied to all the Grid Users, in order of priority
4.2.4. Schematic overview
The foregoing can be schematically represented as follows:
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4.2.5. Some special points of consideration
4.2.5.1. Voltage regulation
While sending voltage through a Production Unit to an unloaded grid, particular attention
must be paid to voltage management. An unloaded grid generates Reactive Power
(MVAr), as a result of which:
At the end of the unloaded grid, the voltage may become too high
At the start of this grid, the Production Unit must absorb too much Reactive
Power and may become disconnected again
This risk shall be limited by:
Energising the grid incrementally (line by line) and never two parallel lines simultaneously
Regulating the voltage at the exit of the power plants initially at the lowest possible value, approximately 90% of the nominal value
If needed, loading a part of the grid before switching on the next part of the grid
o Due to the geographical location, it may be sometimes necessary to switch
on non-priority loads before high-priority loads
4.2.5.2. Automatisms:
The grid restoration automatisms are a second point of consideration. These are
automatisms which switch on the underlying lines and transformers once a line or
transformer becomes live again. Although these automatisms are very useful in case of
minor incidents, they are extremely unsuitable for the Restoration Code, since they again
load the Electrical System in an uncontrolled manner.
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This risk is limited because the RCCs disable these automatisms.
4.2.5.3. Power and Frequency Control
Throughout the restoration, the power-frequency control of power plants is a very
important task. The following principles shall be applied:
• The first power plant that energises an island (this may be a power plant with
successful Islanding or a Black-Start power plant) must always be under
frequency control with the deadband disabled.
o The frequency will be set to 51 Hz
o The voltage will be initially regulated at the lowest possible value,
approximately 90% of the nominal value
o After each increase in power, the frequency must be reset at 51 Hz by the
operators of the power plant concerned
o It must be continuously ensured that the concerned power plant has a
sufficient margin to absorb a subsequent increase in power
The power generated by the first power plant will be used to supply high-priority loads.
One of the highest-priority loads are the emergency services of other power plants.
Therefore, it can be expected that after some time additional power plants will connect to
the grid and be able to inject power.
• As soon as multiple power plants connect to the island, only one power plant per
island will be allowed to control the frequency, where preference will be given to
the power plant with the highest inertia.
• The remaining power plants will place themselves purely under power control and
follow the instructions of RCC (for power plants connected to <380 kV) or NCC (for
power plants connected to 380 kV) with respect to the set value.
• If the margin of the power plants under frequency control is no longer sufficient,
they will be requested to increase their set value, which will cause an automatic
decrease in power of the power plants under frequency control.
As soon as it is technically and practically possible, the various islands that were restored
will be synchronised with one another. Hence, once two islands have been synchronised
with one another, one power plant under frequency control will have to switch over to
power control. Here, too, preference for continuing frequency regulation will be given to
the power plant with the highest inertia.
4.3. Reporting
In case it was necessary to apply the Restoration Code, Elia shall draw up a report
regarding this and send it to the Commission and the Minister.
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PART III. Definitions and abbreviations
All definitions from Article 1 of the present Contract shall be fully applicable to this
Appendix, including the following additional definitions.
Active Power [MW]:
Electrical power that can be converted to other forms of power, such as mechanical,
thermal or acoustic power.
Outage Plan:
This refers to the Ministerial Decree of 3 June 2005 which defines the Outage Plan of the
electricity transmission system. The Outage Plan is a part of the Rescue Code.
Black Start:
The Black Start Department refers to the department that guarantees the availability of
production facilities, suitable for starting up and for supplying Active Power without
drawing energy from the grid, for the purpose of restarting the Electrical System after a
collapse.
Capability Curves:
Diagram defining the operating possibilities of a power plant (MW-MVAr).
Clearing:
Automatic or manual interruption of all departures in a high-voltage substation
Commission:
Commission for Electricity and Gas Regulation (or CREG).
Distribution Transformer:
Transformer that injects electricity into the distribution system.
Electrical System:
All the equipment including all interconnected grids, all Connection Facilities and all
Facilities of the Grid Users connected to these grids.
Energy Coordinator:
Operational department of the Access Responsible Party which coordinates the
Production Units located in Belgium.
Frequency Relay:
Relay that issues a command in case of excessively low frequency (e.g. discharge).
Restoration Code:
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The Restoration Code defines the operational procedures applicable to the Access
Responsible Parties, Grid Users and other system operators, when all or part of the
Electrical System needs to be restored.
Minister for Economy:
Minister or State Secretary responsible for the economy.
Minister for Energy:
Minister or State Secretary responsible for energy matters.
Multiple-incident Situation:
The situation in case of a multiple incident, i.e. the physical state of the Electrical System
which, starting from a reference state and after the disappearance of the transition
phenomena, arises due to the simultaneous loss of a Production Unit or several
Production Units and a few other components of the Electrical System, with the exception
of busbars, known as a ‘state after a double incident’ or ‘n-2 state’.
Emergency Situation:
Emergency Situations that justify the intervention of the system operator may occur in the
following unforeseen or exceptional situations:
1° Natural disasters caused by earthquakes, floods, storms, cyclones or other
climatically exceptional situations
2° A nuclear or chemical explosion and its consequences
3° A computer virus, a computer crash for reasons other than age or lack of
maintenance of this Electrical System
4° Temporary or permanent technical inability of the grid to exchange electricity
because of disturbances within the Control Area, caused by electric currents that
are the result of energy exchanges within another Control Area or between two or
more different Control Areas, where the identity of the market participants involved
in these energy exchanges are not known and cannot be reasonably known by
the system operator
5° The inability to use the grid because of a collective dispute that gives rise to a
unilateral action by the employees (or groups of employees) or any other labour
dispute
6° Fire, explosion, sabotage, terrorist acts, acts of vandalism, damage caused by
criminal acts, criminal coercion and threats of a similar nature
7° Declared or undeclared state of war, threat of war, invasion, armed conflict,
blockade, revolution or insurrection
8° An act of force majeure
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Reactive Power [MVAr]:
The value equal to 3 U I sine (phi), where U and I are the effective values of the
fundamental components of the voltage and the current and where phi represents the
phase difference between the fundamental components of the voltage and the current.
Rescue Code:
The Rescue Code establishes the operational procedures to be followed by Access
Responsible Parties, Grid Users and other system operators in the situation referred to in
Article 303 of the Grid Code Transmission, for the purpose of ensuring the safety,
reliability and efficiency of the grid to the extent possible.
Control Area:
The area within which the system operator continuously controls the balance between the
demand and supply of electricity, taking into account the Active Power exchanges
between the Control Areas.
Transmission System Operator:
The Transmission System Operator operates the high-voltage grid and is responsible for
the transmission of electricity. Electricity is transmitted via the high-voltage grid from the
producers to the distribution system operators and major industrial users. In order to
perform these tasks, the Transmission System Operator is also responsible for operating
the system, whereby it is the entity responsible for providing access to the grid, monitoring
the flows and ensuring round-the-clock management of the balance between production
and consumption.
NCC: National Control Centre
RCC: Regional Control Centre
RTE: Transmission system operator in France
TenneT: Transmission system operator in the Netherlands
CREG: Commission for Electricity and Gas Regulation
CIGRE: International Council on Large Electric Systems
OGE: On-duty Grid Engineer