Upozornění: Text přílohy byl získán strojově a nemusí přesně odpovídat originálu. Zejména u strojově nečitelných smluv, kde jsme použili OCR. originál smlouvy stáhnete odsud
First Amendment
to the
Agreement
for Central Interface Point (CIP) Services
for Core DA MC
between
BSP LL C
and
Bursa Română de Mărfuri S.A.
and
CROATIAN POWER EXCHANGE Ltd.
and
EPEX Spot SE
and
Nord Pool European Market Coupling Operator AS
and
EXAA Abwicklungsstelle für Energieprodukte AG
and
OTE, a.s.,
and
Operatorul Pieţei de Energie Electrică şi de Gaze Naturale “OPCOM” S.A.
and
HUPX Ltd.
and
OKTE, a.s.
and
Towarowa Giełda Energii S.A.
and
Amprion GmbH
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
This amendment to the Agreement for Central Interface Point (CIP) Services for CIP Services
(hereinafter referred to as the “”Amendment Agreement”) is made by and between the
following parties,
on the one hand:
(1) BSP Energy Exchange LL C a company incorporated under the laws of Republic
of Slovenia in the form of an LL C (limited liability company), with its principal place
of business at Dunajska cesta 156, 1000 Ljubljana, Slovenia, and registered at
District Court of Ljubljana under registration n° 3327124000 and VAT n°
SI37748661, hereinafter referred to as "BSP";
and
(2) Bursa Română de Mărfuri S.A., a company incorporated and existing under the
laws of Romania, with V.A.T. number RO1562694, having its registered office at
82-94 Buzești Street, 7th floor, 1st District, Bucharest, 011017, Romania, and
registered with the Bucharest Trade Register Office under the number, hereinafter
J40/19450/1992 referred to as ” BRM”;
and
(3) CROATIAN POWER EXCHANGE Ltd., a company organised and existing under
the laws of Republic of Croatia, having its registered office at Slavonska avenija
6/A, 10000 Zagreb, Republic of Croatia and registered with the court registry of
the Commercial Court in Zagreb under the number 080914267 and VAT ID
HR14645347149, hereinafter referred to as “CROPEX”
and
(4) EPEX Spot SE, a European Company (Societas Europaea) organised and
existing under the laws of France, having its registered office at 5 Boulevard
Montmartre, 75002 Paris, France, and registered with the Commercial Register in
Paris under the number 508 010 501 and VAT n° FR 10508010501, hereinafter
referred to as "EPEX Spot",
and
(5) Nord Pool European Market Coupling Operator AS, a company organised and
existing under the laws of Norway, having its registered office at Lilleakerveien 2A,
0283 Oslo, Norway, and registered with Register of Business Enterprises in
Norway under the number 984 058 098 and VAT n° NO 984 058 098 MVA,
hereinafter referred to as "Nord Pool EMCO",
and
(6) EXAA Abwicklungsstelle für Energieprodukte AG, a company organised and
existing under the laws of Austria, having its registered office at in Palais
Lichtenstein, Alserbachstraße 14-16, 1090 Wien, Austria, and registered at the
Vienna commercial court under number FN 210730y, hereinafter referred to as
“EXAA”;
and
(7) HUPX Hungarian Power Exchange Company Limited by Shares, a company
incorporated under the laws of Hungary, with V.A.T. number HU13967808, having
its registered office at 1134 Budapest, Dévai u. 26-28, Hungary, registered in the
commercial register at Budapest Metropolitan Court, under number 01-10-045666,
hereinafter referred to as ”HUPX Ltd.”;
Page 2
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
and
(8) OTE a.s., a company incorporated and existing under the laws of the Czech
Republic, with V.A.T. number CZ26463318 having its registered office at
Sokolovská 192/79, 186 00 Prague, Czech Republic, and registered with the
Commercial Register in Municipal Court in Prague, Section B 7260 under the
number 264 63 318, hereinafter referred to as "OTE”. OTE’s contract number:
;
and
(9) OKTE a.s., a company incorporated and existing under the laws of the Slovak
Republic, with V.A.T. number SK2023089728, having its registered office at
Mlynské nivy 48, 821 09 Bratislava, Slovak Republic, registered with the
Commercial register at District Court Bratislava I, Section Sa, File No. 5087/B
under the number 45 687 862, hereinafter referred to as “OKTE”;
and
(10) Operatorul Pieței de Energie Electrică si de Gaze Naturale “OPCOM” S.A., a
company incorporated and existing under the laws of Romania, with V.A.T.
number RO13278352, having its registered office at 16-18 Bd. Hristo Botev, 3rd
District, Bucharest, PC.030236, Romania, and registered with the Bucharest
Trade Register Office under the number J40/7542/2000, hereinafter referred to as
” OPCOM”;
and
(11) Towarowa Giełda Energii S.A, a company incorporated under the laws of the
Republic of Poland, with V.A.T. number PL 5272266714, having its registered
office at Książęca 4, 00-498 Warszawa, Poland and registered in the commercial
register at National Court Register under number 0000030144 with the share
capital paid in full in an amount of 14.500.000,00 PLN; hereinafter referred to as
”TGE”;
each of the parties (1) – (11) hereinafter individually being also referred to as a ”Core NEMO”
and collectively as the “Core NEMOs”,
and on the other hand:
(12) Amprion GmbH, a private limited liability company (Gesellschaft mit beschränkter
Haftung) organised and existing under the laws of Germany, having its registered
office at Robert-Schumann-Str. 7, 44263 Dortmund, Germany, and registered in
the commercial register at Amtsgericht Dortmund under the number HRB 15940,
hereinafter referred to as ”Amprion”.
Amprion is hereinafter also referred as the “Service Provider”.
Each Core NEMO and the Service Provider are hereinafter individually being also referred to
as a “Party” and collectively as the “Parties”.
WHEREAS:
A) On 01 June 2020, the Agreement for Central Interface Point (CIP) Services for Core DA
MC (“CIP Services Agreement”) entered into force. The CIP Services Agreement sets
Page 3
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
forth the terms and conditions under which the Service Provider shall, at the request of the
Core NEMOs, perform the CIP Services;
B) BRM has become a party to the Core Day-ahead Operational Agreement (“Core
DAOA”) on 17 January 2024. In order to fulfil its contractual obligations under Core
DAOA, it must become a party to CIP Services Agreement as well.
C) Taking into account the need to open the CIP Services Agreement for new parties to Core
DAOA, the Parties now wish to amend the CIP Services Agreement to implement the
possibility to adhere to the CIP Services Agreement;
D) By signing this Amendment Agreement BRM become a Party to the CIP Services
Agreement.
E) For information purposes only, TGE hereby declares that it has the status of a large
enterprise, as defined in Article 4 (6) of the Polish Act on counteracting excessive delays
in commercial transactions (Dz.U. [Journal of Laws] from 2020, item 935, 1086, as
amended). This status is also defined in Commission Regulation (EU) No 651/2014 of 17
June 2014 declaring certain categories of aid compatible with the internal market in
application of Articles 107 and 108 of the Treaty on the Functioning of the European Union
(OJ EU L 187, 26 June 2014, as amended).
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. General
1.1 Capitalized terms used in this Amendment Agreement shall have the meaning attributed
to them in Article 1 (Definition List) to the CIP Services Agreement unless otherwise
specified in this Amendment Agreement.
1.2 This Amendment Agreement contains certain amendments to the CIP Services
Agreement and should be read in conjunction with it. Except as expressly set out in this
Amendment Agreement, the CIP Services Agreement remains unaffected and in full
force and effect.
2. BRM Adherence
2.1 BRM confirms that it has adhered to all other arrangements required to be able to perform
its obligations under the CIP Services Agreement.
2.2 By signing this this Amendment Agreement, BRM accepts all rights and assumes all
obligations of a Party under the CIP Services Agreement (as amended by this
Amendment Agreement).
2.3 By signing this Amendment Agreement, the other Core NEMOs and Amprion accept
BRM as a party to the CIP Services Agreement (as amended by this Amendment
Agreement).
2.4 BRM declares that it is fully aware of, acknowledges and accepts the terms and
conditions of the CIP Services Agreement and undertakes to pay its share of historical
costs, based on ANRE’s (Romanian NRA) decision on the sharing of historical costs and
the costs stemming from the adherence to the CIP service Agreement.
Page 4
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
3. Amendments to the CIP Services Agreement
3.1 Article 13 (Miscellaneous) of the CIP Services Agreement shall be amended by adding
the following new sub-article 13.4:
“13.4. Accession
Any NEMO who is a party to Core DAOA is entitled to become a Party to this CIP Services
Agreement by signing the Accession Form included in Appendix H, provided that all Parties
have given their consent explicitly via email. Any additional costs stemming for the accession
of the acceding Party will be paid by the acceding party.”
3.2 Article 13 (Miscellaneous) of the CIP Services Agreement shall be amended by adding
the following new sub-article 13.5:
“13.5 Personal data protection
Any personal data exchange between the Parties in the context of this Agreement is processed
in accordance with the Legal Provisions (including GDPR) and only for the purpose of this
Agreement, including managing the contractual relationship amongst the Parties.
With respect to personal data, each Party has the right to provide individual controller
information in Appendix I (Controller Information Clause) - Controller has the meaning given to
it in the Data Protection Laws.
Parties agree that apart from informing their relevant personnel and representatives involved in
the performance of the Agreement of the existence of Appendix I (Controller Information
Clause), this Annex creates no obligation for the other Parties.”
3.3 Article 14.2 (Amendment) shall be deleted from the CIP Services Agreement.
3.4 Article 14.3 (Amendment) of the CIP service Agreement shall be replaced by the
following article:
“14.3 The amendment or modification of the following requires sending a notification by the
concerned Parties to be effective and binding to the other Parties) (it being understood that
the concerned Parties will communicate any new version of such annexes):
a) Appendix B [Energy Communication Platform (ECP) Software Terms of Use]
b) Appendix E [Contact information]
c) Appendix F [Sharing key]
d) Appendix I [Controller information clause]”
3.5 Appendix A shall be replaced by the adapted Appendix A, attached as Annex 1 to this
Amendment Agreement.
3.6 Appendix C shall be replaced by the adapted Appendix C, attached as Annex 2 to this
Amendment Agreement.
3.7 A new Appendix H (Accession Form) shall be attached to the CIP Services Agreement
as Annex 3.
3.8 A new Appendix I (Controller Information Clause) shall be attached to the CIP Services
Page 5
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Agreement as Annex 4.
4. Entry into force, applicable law and dispute resolution
4.1 This Amendment Agreement shall enter into force as of 01.06.2024, provided that all
Parties have signed it by sending a scan of the signed signatory page of this Amendment
Agreement to a third coordinating party assigned by the Parties. The third coordinating
party will collect all copies of the received signed signatory pages and provide a copy of
the main text of the Side Letter with the copies of the signed signatory pages to the
Parties. This Amendment Agreement forms an integral part of the CIP Services
Agreement.
4.2 The Parties hereby acknowledge that regardless of the governing law of this Amendment
Agreement, OTE, a.s. is considered as the obliged person within the meaning of the
section 2/1 of Czech Act No 340/2015 Coll. on special conditions for the effectiveness of
certain contracts, publication of these contracts and register of contracts (Act on the
Register of Contracts), as amended and therefore the Amendment Agreement shall be
published by OTE in the Czech Register of Contracts pursuant to section 5 of the Act on
the Register of Contracts.
No Confidential Information shall be disclosed during the course of complying with such
obligation, including by redacting all such Confidential Information from any materials or
documents, unless specified otherwise in the Act on the Register of Contracts. The
Parties shall receive from OTE a redacted version intended for the fulfilment of the
abovementioned obligation.
The Parties shall notify OTE without undue delay in case they identify the necessity for
further redaction to the received redacted version, otherwise it is deemed that the Parties
approved the publication of the received redacted version.
The Parties hereby also acknowledge that the Amendment Agreement may become
effective in relation to OTE only if the Amendment Agreement is previously published in
the Czech Register of Contracts under the terms of the Act on the Register of Contracts.
* * *
In witness thereof, this Amendment Agreement has been duly executed in twelve (12) original
documents by the undersigned authorised representatives.
(The remainder of this page intentionally left blank)
Page 6
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Annex 1
Appendix A
Service Description CIP Services
Version 1.1
Page 7
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Page 8
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
1 Provision of hardware, infrastructure and services
.
.
.
.
1.1 Provision of hardware & infrastructure s
.
n
e A
A
.
A
.
C
.
e
A
:
.
Page 9
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
n n s
. .
A
s .
. A
y A
. ,
: C
r
r
1.2 Provision of services and software s
f
n ,
,
,
. t
A
. C
y
Page 10
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
n e . s
. . A
. . . A
. s A
. . C
. C
e C
. C
C
. A
A
.
R
I
A
I
. s A
. A
.
. A
s
Page 11
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
n s
. A
.
y
:
,
2 Obligation of NEMOs
3 Scope of CIP Services
4 Hosting and CIP Environments
Page 12
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
.
y
.
t
t
:
)
)
)
Page 13
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
t
Page 14
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Page 15
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
:
.
.
s
.
t
.
.
.
g
5 Maintenance, IT support & operation
Page 16
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
.
t .
.
n
.
s
n
l
r
y
y .
s
d
h
=
e
.
Page 17
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
.
.
t
.
t
t
e
7
t
7 n t
7 n
t
e e
)
n
.
e
e
e
e
Page 18
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
s
7 y
e t
s
: )
t )
t
s
.
.
.
y
.
.
s
e
t
s
:
O
r
)
)
t
)
Page 19
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
O
e
e
:
d m
p
r
y n
m
t
.
.
.
.
.
Page 20
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
t
.
.
s
Page 21
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Annex 2
Appendix C
CIP Renumeration and price list
Version 1.1
Section 1. Scope of the document
Section 2. Core services
:
e
s
s
g
e
s
n
Section 3. Service Level: Incident remediation
Section 4. List of components
Page 22
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Section 5. Additional services
:
.
Section 6. Service fee and invoicing
s
g
.
Section 7. Invoicing addresses
Page 23
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Annex 3
Appendix H
Accession form to CIP Services Agreement
[COMPANY NAME], a company organised and existing under the laws of [COUNTRY], and
registered with [REGISTER DETAILS] under the number [COMPANY NUMBER] and VAT n°
[VAT NUMBER],
hereby
1) pursuant to the Parties unanimous consent dated [date] and to the Article 13.4 of the
“Agreement for Central Interface Point (CIP) Services for Core DA MC” (herein after
referred to as CIP Services Agreement), becomes a Party to the CIP Services
Agreement, and accepts all rights and assumes all obligations of a Party under the CIP
Services Agreement.
2) declares that it is fully aware of, acknowledges and accepts the terms and conditions
of the CIP Services Agreement;
3) undertakes to pay its share of the historical costs, i) based on NRA decision or ii) equal
to [XXX – put 0 if no historical costs] EUR, and costs stemming from the accession to
the CIP Services Agreement
4) confirms that it has adhered to all other arrangements required to be able to perform
its obligations under the CIP Services Agreement.
[Date and Place]
[INSERT NAME OF THE NEW PARTY]
Signature(s)
Name(s)
Title(s)
Page 24
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
Annex 4
Appendix I
Controller Information Clause
Information clause of TGE for persons authorised to represent the entity and persons
indicated as business contacts
Information concerning the processing of personal data by Towarowa Giełda Energii
S.A. in connection with the requirements of Articles 13 and 14 of Regulation (EU)
2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
of natural persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (General Data Protection
Regulation)(hereinafter “GDPR”).
The controller of the data of the persons authorized to represent the entity and the persons
indicated as business contacts is Towarowa Giełda Energii S.A. (TGE), ul. Książęca 4, 00-498
Warszawa, phone: +48 22 341 99 12, tge@tge.pl.
The controller has appointed a personal data protection officer, who can be contacted at:
daneosobowe@tge.pl.
The scope of personal data to be processed by TGE includes the name and surname, business
e-mail address, business telephone number and position, and in case of persons authorized to
represent the entity – the name, surname, position and data contained in the current excerpt
from the relevant register, or the data contained in the power of attorney.
The personal data of persons authorised to represent the entity and the data of persons
indicated as business contacts will be processed by TGE according to Article 6(1)(f) GDPR, i.e.
on the basis of a legitimate interest of the controller which is to verify the correct representation
of the entity in connection with a declaration of will being made, exchanging communication in
connection with the conclusion or performance of a contract, maintaining and developing
business relations, or asserting, pursuing or defend oneself against possible claims. The
recipients of the data may include entities engaged in the processing of personal data on behalf
of TGE in connection with the services provided to TGE, e.g. consulting and IT services.
Every person has the right to request access to, rectification, erasure, restriction of processing
and the transfer of his or her personal data. Every person has the right to object to the
processing of personal data to the extent that the processing of personal takes place on the
basis of a legitimate interest of the Controller. Every person has the right to lodge a complaint
against the processing of his/her data with the President of the Personal Data Protection Office.
The indication of persons authorised to represent the entity is required as a condition to the
execution of the contract. The provision of the data of persons indicated as business contacts
is voluntary but a failure to provide such data will impede communication and contact with the
counterparty in connection with the contract.
Any inquiries or requests related to the processing of personal data by TGE should be sent to
the following e-mail address: daneosobowe@tge.pl.
Page 25
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: Amprion GmbH
Page 26
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: BSP Energy Exchange LL C
Page 27
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: Bursa Română de Mărfuri S.A.
Page 28
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: CROATIAN POWER EXCHANGE Ltd.
Page 29
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: EPEX Spot SE
Page 30
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: EXAA Abwicklungsstelle für Energieprodukte AG
Page 31
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: Nord Pool European Market Coupling Operator AS
Page 32
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: HUPX Hungarian Power Exchange Company Limited by Shares,
Page 33
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: OKTE, a.s.
Page 34
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: Operatorul Pieței de Energie Electrică si de Gaze Naturale “OPCOM” S.A.
Page 35
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: OTE, a.s.
Page 36
First Amendment to the Agreement for Central Interface Point (CIP) Services for Core
DA MC
For: Towarowa Giełda Energii S.A.
Page 37