Programme responsibility

Programme responsibility is the duty to submit, for each connection, a programme of consumption and feed-in to the national grid operator in advance, and to settle deviations from it financially. It is the core of the electricity system’s balancing arrangements.

Legal basis

The obligation follows from the Energy Act and the Electricity System Code. The European framework is Regulation (EU) 2017/2195 on electricity balancing, which introduces the balance responsible party and requires all market participants to be financially responsible for the imbalance they cause. In the Netherlands recognised programme responsible parties are registered with TenneT; small consumers transfer their responsibility to their supplier. The imbalance price follows from the costs TenneT incurs in keeping the system in balance and can be either positive or negative.

How it works in practice

Large consumers and producers generally transfer responsibility to a supplier or trader holding a recognition. What matters in the contract is how imbalance costs are passed on: at actual cost, with a mark-up, or through a fixed fee. For parties with flexibility, such as batteries and heat pumps, imbalance can in fact be a source of revenue, provided responsibilities are clearly allocated.

Where it goes wrong

Contracts deal unclearly with passing on imbalance, so that extreme prices trigger a dispute about who bore the risk. A second error is failing to report changes to installations, so that the programme deviates structurally. Third, parties with their own generation underestimate that feed-in also falls within programme responsibility.

Related terms

The concept connects to the grid operator, to energy storage and to the power purchase agreement.

Would you like to know who bears which imbalance risk? Our energy lawyers review your contract.