8/2016 Sb.
DECREE
of 11 December 1997. January 2016
about the details of licensing for business in energy
sectors
The Energy Regulatory Office shall, pursuant to section 98, para. 2 (a). and) Act
No. 458/2000 Coll., on conditions for business and the public administration in
energy sectors and on amendments to certain acts (the Energy Act),
as amended by law No 158/2009 Coll. and Act No. 211/2007 Coll., to implement section
7 Energy Act:
§ 1
The subject of the edit
This Decree lays down the means to establish the financial and technical
assumptions and professional competence for the various types of licenses,
ways to determine a defined territory and establishment, proof of ownership
or usufruct to use power equipment, Essentials
Declaration of responsible and representative patterns of applications to the grant, amendment and
revocation of license and patterns of applications for recognition of the business
issued in another Member State of the European Union.
§ 2
Proof of financial forecasts
(1) an applicant for a grant of a license to do business in the energy sectors
(hereinafter referred to as "the applicant") shows the financial assumptions
and) volume of available financial resources, namely:
1. monthly statements from the bank account of the initial and final
balances for the last 12 calendar months preceding or
shorter period, if he does not pursue a business activity for a period of at least
one year,
2. the expression of the bank where the applicant has an account, about the ability of the applicant
to meet its financial obligations, and on the movements on the account for the last 12
preceding calendar months or for a shorter period,
If the applicant does not carry out business activities for at least one
the year, or
3. the credit agreement or other agreement of a similar type, if the applicant
does not have sufficient own resources,
(b)) tax records or record of revenue and expenditure under the law on
income tax or the last financial statements, including its annex, in
a simplified range in the case of the applicant in a previous accounting
period carries out entrepreneurial activity; most recent financial statements are
presented in full in the event that the applicant has an obligation to
process audit
(c)) the business plan containing a description of the long-term ability of the
licensed activities and financial funding balances containing
the projected costs and revenues of the licensed activity; the content of financial
the balance of the applicant is given in annex 22 to this Decree.
(2) the applicant for the grant of a licence to trade in electricity or trade with
gas is not obliged to prove the financial projections in the manner specified in the
paragraph 1 (b). (c)).
(3) the applicant further shows the output from the insolvency register, that in
over the past 3 years from the date of application for the grant of a license, the Court
to annul the bankruptcy led to the assets of the applicant because it has been met
the scheduling order, or that the Court is not rejecting the insolvency petition because
the debtor's assets will not be sufficient to cover the costs of the insolvency
proceedings, or that the Court has not decided on the abolition of the audition because assets
the debtor was totally inadequate. In the event that the applicant is not registered in the
commercial register or is kept in a trade or similar register,
He did not perform in the past period or 3 years of business activity,
This fact proves otherwise nevzbuzujícím justified
doubts.
(4) the applicant further demonstrates the acknowledgement of the competent authority that does not
recorded an outstanding balance with the authorities the financial administration of the United States and authorities
The customs administration of the Czech Republic.
(5) the applicant further demonstrated by a certificate issued by the appropriate County
the social security scheme that does not have a recorded arrears on
insurance and finance charge on social security and a contribution to the State
employment policy.
(6) the applicant further shows that does not have a recorded arrears on premiums
on health insurance premiums and other arrears in fines and
fees that you cannot prove the documents issued pursuant to paragraph 4 or
5, nevzbuzujícím reasonable doubt in any other way.
§ 3
Demonstrating the technical prerequisites
(1) the applicant demonstrates that the technical prerequisites of the energy
document certifying the safety of the device, power equipment,
which is the
and for energy device) entering into service the default report
revision of energy-related equipment, if another law stores
obligation or technical standard provides for the implementation of the default revision before
putting into service,
(b)) for an already operated energy facilities report on the default revision,
If the obligation to make regular or suffered operational review
power equipment, otherwise the report on regular or operational review
power equipment, proof of the test made by the energy
device if another law or technical standard stores
the obligation to perform a revision of the energy devices or tests
power equipment, or
(c) in the case of low pressure boiler room) ^ 1) writing of professional inspection of the boiler house.
(2) a document proving the safety of energy-related equipment is possible
replace expert opinion attesting to the safety of the energy
device.
(3) the documents proving execution of revision, professional guided tours or
the tests referred to in paragraph 1 or an expert opinion referred to in paragraph 2 shall not
be the date on which they are submitted to the Energy Regulatory Office
(hereinafter referred to as ' the authority '), older than 6 months, unless other legislation or
technical standard does not provide for a different period for their implementation.
(4) the applicant demonstrates that the technical assumptions on
and a decision on the permit) waste waters, provided that the water
the law permits to use water as a condition for the operation of
power equipment,
(b)) by decision of the permission to the mining activity, where, under the
the law on mining activities, explosives and the State Mining Administration
authorization to the mining activities as a condition for the operation of
power equipment.
(5) If a power plant building under the building Act,
demonstrating the applicant meet the technical prerequisites of the energy
the device on for
and used power equipment prematurely) constructional
the Office of early use of construction before its final completion,
(b)) in the test operation of power equipment
1. the building permit, if you perform a trial operation order
construction Office in the building permit, or
2. the decision of the Building Authority for an authorisation or regulation test
operation,
(c)) other energy-related equipment newly put into operation
1. the decision, if it is a building or equipment that
do not require building permits or notification,
2. the territorial agreement, if it is a building or equipment that
do not require building permits or notification,
3. public-law agreement, if it is a building or equipment that
do not require building permits or notification,
4. the regulatory plan when substituting the appropriate territorial decision, if
It is a building or equipment that do not require a building permit, or
the Declaration,
5. the notification of the intention to start with the use of the construction of the building Office and
at the same time the Declaration by the applicant that the use of the building construction authority
not banned, or
6. kolaudačním,
(d)) no longer operated power equipment
1. the decision, if it is a building or equipment that
do not require building permits or notification,
2. the territorial agreement, if it is a building or equipment that
do not require building permits or notification,
3. the notification of the intention to start with the use of the construction of the building Office and
at the same time the Declaration by the applicant that the use of the building construction authority
not banned,
4. by decision kolaudačním, or kolaudačním the consent granted in accordance with
the building Act, where appropriate, supporting documentation, actual construction
or simplified documentation, or
5. other evidence of the building authority or any other credible way
stating that the conditions for the use or operation of the buildings according to the
the building Act.
§ 4
Proof of professional competence
(1) the applicant demonstrates formal education diploma, a graduation certificate,
Re-training or other evidence of qualification. The achievement of
retraining is illustrated by the applicant a certificate of retraining, issued by the
retraining facilities in accordance with the legislation in force at the time of
achieve the retraining.
(2) the applicant demonstrates how to obtain a certificate of practice in the field of employment or
the opinion ^ 2), where appropriate, the other in a credible manner if
experience in the field in a work or other similar relationship. If the applicant has acquired
practice in the field of business performance, evidenced by the obtained practice
and an excerpt from the trade register) or similar register
maintained in another State and
(b)) tax return or other document, from which it is apparent that
he pursued the business activities in the field for a period that is required
the Energy Act.
(3) when showing how to obtain a professional qualification or other eligibility
nationals of States of the European Union shall be treated under the law on
recognition of professional qualifications ^ 3).
§ 5
Proof of ownership or usufruct to the energy facilities
(1) the right of ownership to the energy facility the applicant proves
and an excerpt from the real estate register), write to the ownership of the
the land registry, or
(b)) a contract or other evidence of acquisition of ownership,
does not write to the right of ownership in the land register.
(2) a right of use to the energy facility the applicant proves
and an excerpt from the real estate register), if the right to use immovable property
the registration in the land registry, or
(b) a contract or other document), on the basis of which the applicant
the right to use a given energy device, if not a right of use
in the land register.
(3) if the right of ownership or the right of use to the energy
device to demonstrate the ways referred to in paragraph 1 or 2, such
the right to the energy facilities to demonstrate a different way nevzbuzujícím
reasonable doubt.
(4) if the applicant is the owner of the power equipment, evidenced by the
request to the Office as well as the ownership of the owner of the ways referred to in
paragraphs 1 to 3.
§ 6
Determine the assigned area
(1) a defined territory in licence applications and documents
accompanying the application specifies for the licensed activity distribution
electricity, gas distribution or distribution of heat energy mapping
contiguous territory, in which the activity should be carried out, to the land registry
maps or prints showing the
and cadastral area and at the same time) list of cadastral territories in
a contiguous territory and mapping the location of energy-related equipment to
cadastral maps,
(b) the numbers of land by parcelních) the real estate, if you cannot
defined territory determine the way under the preceding letter or it is from
clarity, and prima facie more efficient, and mapping the location of the
power equipment to the cadastral maps,
(c) the numbers of land by parcelních) the real estate on which the
facilities or the distribution of the heat distribution system
equipment and sampling locations of customers to which the applicant distributes or
has to distribute the electricity or gas or deliver thermal energy,
If you cannot determine the way territory as defined under (a)), or (b)) or
It is more effective for reasons of clarity, and mapping the location of the
power equipment to the cadastral maps.
(2) an applicant for licensure to the activity of electricity transmission, or
transport shall submit
and the transmission or a device inventory) the transmission network; the applicant shall indicate
technical details of the transfer or the sampling locations between transmission
or transport system and other devices power or
the gas system, the length of the transmission or transportation device management
system and drawings of these lines to the cadastral maps and
(b) data on the transmission link) or the transmission system with the systems
operated in the States bordering the Czech Republic and information on
the connection of the transmission or the transmission system to factories manufacturing sugar or electricity or
gas, gas distribution networks or trays; the applicant shall indicate
the names of the villages, or parts thereof, and the names and number of cadastral codes
the territories in which are located the place of connection or interconnection transmission
or the transmission system.
§ 7
Determine the establishment
Place in the documents accompanying the application for grant of license
defines the data, according to which it is possible to uniquely determine the energy
the device on which it is exercised or to be exercised in the licensed
the activity of production of electricity, gas, thermal energy production or
gas storage. These data are
and other distinguished) name or designation of the establishment,
(b) the existing identification data) and the previous operator
power equipment,
(c) the data identifying the location of the plant), in particular the name of the municipality and
or a part thereof, the street name, house number and indicative, if
granted, postal code, name and code number
cadastral territory where the establishment is situated, the land-register reference number
According to the land registry, on which the establishment is situated, the plot
location of the plant to a copy of the cadastral maps,
(d) the technical specifications and other) technical information on the establishment,
(e) in the case of electricity production) data of each individual manufacturing
the source of electricity, which are supported by the installed capacity and the type of
the resources used by the manufacturing source of electricity, and
f) in the case of electricity production that uses the power of water and the river
and the name of the stream, on which the production of electricity is located.
§ 8
The particulars of the Declaration the responsible representative
Declaration by the representative that is attached to the application for the grant of
the license contains
first name and surname) responsible representative, social security number, if
assigned, or date of birth,
(b)) expressing his consent with the provisions in the function responsible
the representative,
c) name and surname of the applicant and, where appropriate, the name of the supplement, where applicable,
business name, if the applicant is entered in the commercial register,
the identification number and the type of licensed activities and
d) certified signature of the responsible representative.
§ 9
Common provisions
(1) applications for Community Designs, amendment and revocation of license to do business in the
energy sectors are given in annexes 1 to 23 to this
the Decree.
(2) the patterns of applications for recognition of business granted in another
Member State of the European Union are listed in annexes 23 and 24 of this
the Decree.
(3) the provisions of this Decree governing the particulars of the Declaration
Representative, determine the establishment, specifying the assigned area,
means to establish ownership or usufruct to the energy
devices, the proof and documentation on the financial and technical prerequisites
and the methods of proof of professional competence, shall also apply to
the submission of a request for amendment to the decision granting the license.
§ 10
Regulation (EEC)
Shall be repealed:
1. Decree No. 426/2005 Coll., on details of licensing for
doing business in the energy sectors.
2. Decree No. 363/2007 Coll., amending Decree No 426/2005 Coll. on
details of licensing for business in energy
sectors.
3. Decree No. 358/2009 Coll., amending Decree No 426/2005 Coll. on
details of licensing for business in energy
sectors, as amended by Decree No. 363/2007 Sb.
4. Decree No. 392/2007 Coll., amending Decree No 426/2005 Coll. on
details of licensing for business in energy
sectors, as amended by later regulations.
5. Decree No 445/2009 Coll., amending Decree No 426/2005 Coll. on
details of licensing for business in energy
sectors, as amended by later regulations.
§ 11
The effectiveness of the
This Decree shall enter into force on 1 January 2000. February 2016.
Chair:
Ing. Vaghela in r.
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Annex 8
Annex 9
Annex 10
Annex 11
Annex 12
Annex 13
Annex 14
Annex 15
Annex 16
Annex 17
Annex 18
Annex 19
Annex 20
Annex 21
Annex 22
Annex 23
Annex 24
1) Decree No. 91/1993 Coll., in order to ensure work safety in
low-pressure boilers.
2) Act No. 262/2006 SB., labour code, as amended.
3) Law No 18/2004 Coll., on the recognition of professional qualifications, as
amended.
