Public Consultation on the proposal for amendments to the ToE Rules

Context

Earlier this year, Synergrid and its members drafted a Transfer of Energy design note, consulted by Synergrid from 20/01/’25 until 28/02/’25 included. The design note aimed to elaborate first on the need for ToE, second on the different ToE models under consideration (the Central Settlement Model (CSM) and the Corrected Model (CM)), as well as alternative ToE regimes (Opt-Out and Pass-Through). Finally, it presented the ToE Game Plan, i.e. the proposed plan for implementation of these different models and regimes for both Balancing Products (aFRR and mFRR) and across voltage levels. 

This proposal for amendments to the ToE Rules reflects the design as proposed within the ToE design note, the related envisioned entry into force for the ToE Models for aFRR and mFRR, and extension to the Public Distribution Grid. It takes into account various comments received from market parties during the Synergrid public consultation on the ToE design note. 

The changes within this current revision can be grouped as follows:

1. Inclusion of the Corrected Model: The text previously described market situations with ToE, and market situations without ToE; the latter being a market situation in either Opt-Out or Pass-Through. Within the market situation with ToE, there was only one model possible, i.e. the model now defined as the CSM. The CM model was added as an alternative for Delivery Points connected to the Elia Grid. 
2. Extension of ToE to the Public Distribution Grid: Within this revision, the text is updated to allow for ToE on the Public Distribution Grid. Note that in parallel, Synergrid organizes a Public Consultation on Document Release 3, further specifying (among other topics) the practical data exchange related to ToE for the Distribution Grids. 
3. Extension of ToE to aFRR: The text was updated to allow for ToE for aFRR.
4. Updates to the go-lives: The ToE Rules include a section detailing which market situation is available for what balancing product, depending on the voltage level. This was updated to accommodate the ToE Game Plan. 
5. Simplification of references to the T&C BSPs and T&C BRP: In certain cases, the conditions included in the ToE Rules overlapped with conditions included in the T&C BSP aFRR and mFRR, and the T&C BRP, such as for example the definition of baselines. Where possible, duplicate conditions were removed, to avoid any discrepancies that might arise at future updates of these T&Cs.
6. Additional changes: Such as updates to definitions, removal of references to the obsolete Strategic Re-serves, removal of the specification that only Delivery Points (DP) with net annual offtake can participate in ToE, as well as changes related to market party feedback received during the Synergrid public consultation on the ToE design note, such as the provision of additional data to market parties involved in Opt-Out.

Period

Elia invites all stakeholders to submit any comments or feedback they may have on the consulted document via the online form during the consultation period from 18 June 2025 to 1 August 2025. 

After the consultation period, Elia will collect all comments and feedback from market participants. Elia will analyze these comments and integrate them into a consultation report which will also include Elia's responses to the feedback received. In addition to the consultation report, Elia will publish the reactions of the market players (in a named manner) on the website, unless it is explicitly stated that the contribution is to be considered confidential. The consultation report, as well as the ToE Rules (possibly adapted to take into account market party feedback) will then be submitted to relevant regulators for regulatory approval.