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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