S.L. 545.34 Art. 14Demand response through aggregation.

(1) Final customers shall have the right to participate in demand response through aggregation. Final customers, including those offering demand response through aggregation, may participate alongside producers in a non-discriminatory manner to provide demand response services.

(2) Transmission system operators and distribution system operators, when procuring ancillary services, shall treat market participants engaged in the aggregation of demand response in a non-discriminatory manner alongside producers on the basis of their technical capabilities.

(3) (a) (i) Each market participant engaged in aggregation, including independent aggregators, may enter electricity markets without the consent of other market participants;

(ii) market participants engaged in aggregation shall be financially responsible for the imbalances that they cause in the electricity system; to that extent they shall be balance responsible parties or shall delegate their balancing responsibility in accordance with Article 5 of Regulation (EU) 2019/943:

Provided that until such time that a liquid intraday market is developed the DSO shall be delegated with the balancing responsibility.

(b) Final customers who have a contract with independent aggregators shall not be subject to undue payments, penalties or other undue contractual restrictions by their suppliers;

(c) The provisions of the Dispute Resolution (Procedures) Regulations shall apply to disputes between market mutatis mutandis participants engaged in aggregation and other market participants, including responsibility for imbalances.

(4) (a) Transmission system operators and, or distribution system operators, acting in close cooperation with market participants and final customers, shall establish the technical requirements for participation of demand response in all electricity markets on the basis of the technical characteristics of those markets and the capabilities of demand response. Such requirements shall cover participation involving aggregated loads.

(b) The technical requirements referred to paragraph (a) shall be subject to public consultation and thereafter to the approval of the Regulator.

(5) The DSO shall make known the demand response services that may be provided by final customers and all market participants.