458/2000 Coll.
LAW
of 28 June. November 2000
on the conditions of business and the performance of State administration in energy
sectors and amending some laws
(Energy Act)
Change: 262/2002 Sb.
Change: 151/2002 Coll.
Change: 278/2003 Coll.
Change: 356/2003 Coll.
Change: 670/2004 Sb.
Change: 342/2006 Sb.
Change: 186/2006 Sb.
Modified: 296/2007 Sb.
Change: 124/2008 Sb.
Change: 158/2009 Sb.
Change: 223/2009 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Coll., 155/2010 Sb.
Change: 211/2011 Sb.
Change: 299/2007 Sb.
Change: 211/2007 Coll. (part), 420/2011 Sb.
Change: 165/Sb.
Change: 165/2012 Coll. (part), Sb 350/2012.
Change: 90/2014 Sb.
Change: 250/2014 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
TERMS AND CONDITIONS OF BUSINESS AND THE PERFORMANCE OF STATE ADMINISTRATION IN THE ENERGY SECTORS
TITLE I OF THE
GENERAL PART
§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
in the wake of the directly applicable European Union regulations ^ 1a) conditions
business and the performance of State administration in the energy sectors, which are
electricity, gas and heating plants, as well as the rights and
obligations of natural and legal persons connected with it.
§ 2
Definition of terms
(1) for the purposes of this Act, means the
and) energy service activities that lead to increased energy
efficiency and primary energy savings,
(b)) defined territory in the territory in which the holder of the license for the distribution of
electricity, gas distribution, or distribution of thermal energy exercises
licensed activity
(c) improving energy efficiency) increase energy efficiency in
the end user due to technological or economic change,
d) energy savings amount of saved energy determined by measuring and/or
estimating consumption before performing one or more of the measures to increase the
and after the energy efficiency, whilst ensuring normalisation for external
conditions that affect energy consumption,
e) provider of energy services means any natural or legal person,
that provides energy services or offers other measures to increase the
the energy efficiency of the equipment of the user or in the context of its buildings and carries
While some degree of financial risk
(f) the possibility of exercising control) on the basis of legal or factual
the fact a decisive influence on the activities of the other party, in particular on the basis of
1. the right of ownership or the right of use to a company controlled by the person
or any part thereof, or
2. the rights or other legal elements that provide crucial
influence on the composition, voting or decisions of the organs of the person checked,
g) certification procedure in which determines if the operator of a transmission
system, the transmission system operator or the person who intends to
to operate the transmission or the transmission system, fulfils the conditions
independence of the transmission system operator or service provider.
the transmission system operator pursuant to this Act and whether the acquisition or exercise of
control by a person or persons having their registered office, Central Administration
or principal place of business in a State which is not a Member
State of the European Union (hereinafter referred to as "the person from a third country"), above the
the operator of a transmission or transmission system does not compromise safety
the supply of electricity or gas in the Czech Republic and the European Union.
(2) for the purposes of this Act, the
in the electricity sector)
1. the distribution system of mutually linked file management and the establishment of
voltage 110 kV, with the exception of selected lines and devices with a voltage of 110 kV,
that are part of the transmission system, and the management and equipment of a voltage
0,4/0,23 kV, 1.5 kV, 3 kV, 6 kV, 10 kV, 22 kV, 35 kV or 25 kV
to ensure the distribution of electricity to a defined territory of the United
States, including systems for measurement, protection, control, security,
information and telecommunications technology, including electric hook-ups in
ownership of the distribution system operator; the distribution system is
established and operated in the public interest,
2. electrical connection device that begins to turn from the switching
Busbar in electrical elements or station and turning left from outside of it leadership
transmission or distribution system, and is designed to connect the sampling
the electrical equipment,
3. an electric station structures and equipment file power system,
which enables transformation, compensation, conversion or transfer of, and
distribution of electricity, including those necessary to ensure their
operation,
4. the electricity system of interconnected device file for
the generation, transmission, transformation and distribution of electricity, including
electric hook-ups, direct lines, and systems for measurement, protection,
control, security, information and telecommunications technology, and the
the territory of the Czech Republic,
5. measuring device all devices for measuring, transmitting and processing
measured values,
6. the sampling place where power consumption is installed
one customer's equipment, including transformers, to which the
carries out the supply of electricity,
7. the deviation of the sum of the differences of the actual and the agreed supplies or donations
electricity in a given period of time,
8. support services activities of natural or legal persons whose
devices are connected to the electricity grid, which are intended to
ensure system services, and after the activation of the usually occurs to
regulating energy supply,
9. the direct management of electricity linking electricity factory
It is not connected to the transmission system or distribution system, and
consumption location, which is not electrically connected to the transmission system
or with a distribution system, or power lines that protect
direct supply of electricity producers own establishments, its
controlled companies or customers, and is not owned by the operator
the transmission system operator or distribution system operator,
10. the transmission grid interconnected set of cables and devices
400 kV, 220 kV and selected 110 kV cables and devices referred to in
Annex rules of operation of the transmission system, which is used to ensure the
transmission of electricity for the whole territory of the Czech Republic and the link with the
grids of neighboring States, including systems for measuring,
protective, control, security, information and telecommunications technology;
the transmission system is established and operated in the public interest,
11. the regulatory energy electricity provided by the activation of support services
or on the balancing market with regulating energy or electricity obstaraná
the transmission system operator in abroad
12. the body clearing the natural or legal person for whom a
the market operator on the basis of the Treaty on the settlement of imbalances performs
evaluation, clearing and settlement of imbalances,
13. system services activities of the transmission system operator for
ensure the reliable operation of the power system with regard to the
operation within the framework of the interconnected electricity networks,
14. type-chart diagram characterizing the annual progress of consumption
electricity, which is used for evaluation of deviations,
15. vertically integrated group entrepreneur of the holder of the licence or
holders of licences for the transmission of electricity, electricity distribution, trade
electricity or electricity generation, which is the same person shall be entitled to
or the same persons are entitled, directly or indirectly, to exercise
control, and of which at least 1 licensee carries on business transfer
of electricity or the distribution of electricity and at least 1 license holder
carries on the activity of electricity production or trade of electricity
16. the balancing market with regulating energy market with the regulating energy
settled and organized by the market operator in conjunction with the
the transmission system operator,
17. a natural or legal person by the customer for electricity
bleed electric device that is connected to the transmission, or
the distribution system, which only consumes the purchased electricity
or přeúčtovává,
18. electricity-energy facilities for the conversion of various forms of
energy to electricity, including all necessary equipment; Manufactory
the total installed electricity generation capacity of 100 MW or more, with
the opportunity to provide support services to ensure the operation of the power
system is established and operated in the public interest,
(b)) in the gas sector
1. the distribution system of the interconnected set of high-pressure,
medium pressure and low pressure gas pipelines, gas hook-ups in
ownership of the distribution system operator and related
technological objects, including system management and security equipment
and equipment to convert information for activity of computing and
information systems, which is not directly connected to the compression stations
and on which the licensee provides distribution of gas on the distribution of
gas; distribution system is set up and operated in the public
interest,
2. the main gas shut-off valve cap sampling gas
a device that separates the device from the sampling gas pipeline
connections,
3. measuring device all devices for measuring, transmitting and processing
measured values,
4. the sampling place where gas consumption equipment is installed
one customer, to which the shipment is effected by gas as measured by a measuring
the device,
5. gas sampling device all devices starting with the main
gas seal, including devices for end use of gas; is not it
measuring equipment,
6. tolerance of difference of the actual and the agreed supplies or gas
for the whole trading day,
7. the natural gas system of interconnected device file for
production, transport, distribution and storage of gas, including control system
and security equipment and devices to convert information for activity
computer technology and information systems that are used to operate the
These devices,
8. the natural gas facilities all gas equipment with the exception of the sampling
gas devices,
9. gas natural gas, town gas, coke oven gas, clean, degazační and
producer gas, biogas, propane, butane and their mixtures, if they are not
used for the propulsion of motor vehicles,
10. the equipment to transport gas via pipeline transport or
distribution system and direct and upstream gas pipelines,
11. pipeline connection devices starting with the right-hand side of the gas pipeline
a transmission or distribution system and completed before the main Cap
gas; This device is used to connect the sampling gas equipment,
12. gas device equipment for the production and treatment of gas reservoirs
gas storage tanks of liquefied gases, gas-holders, bottling plants, liquefaction,
evaporation, compression and regulation station, low pressure, medium pressure,
high pressure and direct gas pipelines, pipeline connectors, mining pipelines,
captation gas devices, related technological equipment,
13. gas tank underground or emergent gas facilities, including
related objects and system management and security
techniques and equipment to convert information for activity of computer technology
and information systems, used for the storage of natural gas in the gas
or liquid form directly connected to the gas system of the United
States, or with foreign gas system; the gas tank is
established and operated in the public interest,
14. the law of the third-party access right to the participant of the gas market at the
the conclusion of the agreement with the transmission system operator, operator
distribution system or operator of the storage tank to provide the
the licensed activities under this Act,
15. the transport system of the interconnected set of high-pressure
gas pipelines and compressor stations and related technological objects
including a system of control and security equipment and devices to transfer
information for the activities of computing and information systems,
linked with gas systems abroad, which ensures
gas gas transport license holder; the transport system is
established and operated in the public interest,
16. direct pipeline natural gas pipeline, which is not part of the transmission system
or distribution system and that is subsequently established for the delivery of
gas to the customer, and is used only for your own personal use of the customer
17. the relevant source of gas, the State on whose territory there are more
than 50% of the total annual gas consumption in the Czech Republic,
18. the common gas sampling device sampling gas devices in
real estate owner, through which the gas is supplied to customers
in this real estate
19. the body clearing the natural or legal person for whom a
the market operator on the basis of the Treaty on the settlement of imbalances performs
evaluation, clearing and settlement of imbalances,
20. the technical rule rule expressing the State of technical knowledge
and techniques in the gas sector,
21. the mining pipeline natural gas pipeline connecting the gas supply to the making of the transport
system or distribution system or other extractive oil pipeline
22. the pressure levels the maximum operating pressure for gas equipment
referred to in the technical standards or technical regulations,
23. the type of supply diagram diagram characterizing the annual progress
gas consumption for customers whose sampling locations are not equipped with
průběhovým, used for the evaluation of the measurement of consumption
24. vertically integrated natural gas Professional license holder
or group of licence holders for the transport of gas, gas distribution,
gas storage, gas or gas production, which is
the same person or the same persons are entitled, directly or
indirectly, to exercise control, and of which at least 1 license holder
carries on the activity of transport of gas, gas distribution, or storage of gas
and at least 1 licensee carries on the activity of production of gas or trade
with gas,
25. spare capacity difference between the technical capacity of the transport
system or distribution system or gas stack or extractive
the gas pipeline, and a summary of all contractually provided capacity-building in the
period of time in compliance with contract pressures and capacities necessary for
the relevant licence holders to ensure the safety and reliability of the
the operation of the relevant natural gas facilities,
26. a natural or legal person by the customer for gas sampling
gas device, which is connected to the transmission or distribution
system or to the extractive gas pipeline, which when removed, the gas only
consumes or přeúčtovává,
27. the gas-processing equipment for the production or extraction of gas or Terminal
liquefied natural gas, including construction and the necessary ancillary
the device, which carries out its activities on production licence-holder
gas,
(c)) in the heating industry
1. a distributor of heat energy by the owner or lessee of the distribution
a thermal device which thermal energy is transported or
transforms and adds to the further use of another natural or legal
person,
2. the supplier of thermal power natural or legal person supplying
thermal energy of another natural or legal person; supplier may be
the manufacturer, distributor and also the owner or owners
ensure the thermal energy as the implementation provided with the use of bytes or
non-residential spaces or for technological purposes,
3. the supply of heat energy supply of heat and cold to the next
the use of any other person or entity; power supply heat to
further use shall be carried out in the public interest,
4. the final consumer the natural or legal person who supplied
thermal energy only consumes,
5. the customer of thermal energy distributor, the owner or the community
the owners of a sampling of the heat equipment; the customer may also be
the ultimate consumer; the supply of heat energy directly to the final
the consumer is subject to direct procurement for all final
consumers in a centrally heated object,
6. the collection of heat energy supply of thermal energy from the manufacturer
or distributor to the final consumption or further use,
7. the place of performance of the sampling point specified in the contract for the supply of heat
energy, in which thermal energy is transferred from the ownership of the vendor to
ownership of the customer
8. thermal equipment by the sampling device attached to a resource, or divorce
the heat energy intended for internal distribution and consumption of heat energy in the
object, or any part thereof, or in the object file for the customer,
9. the divorce of thermal energy transport, accumulation, conversion of parameters and
the supply of heat energy distribution, thermal equipment
10. pass-through station facilities for the conversion of the parameters of the heat energy
for the purposes of one or more objects; transfer station is a separate
things and not part of the building in which it is located,
11. the distribution thermal equipment transport equipment heat energy
formed by the heat networks and předávacími stations; heat consumption
the device is not part of the distribution thermal device
12. the object of comprehensive construction work, technically linked by one common
the tapping, thermal equipment
13. the source of the heat energy equipment including necessary ancillary
equipment and construction parts, in which the use of fuels or other forms of
energy gets the heat energy that passes the heat transmission to the substance,
14. the system of heat supply system consisting of a mutually
the linked source or a source of thermal energy and heat distribution
the device used for the supply of heat energy for heating, cooling,
domestic hot water and technological processes, if it is operated on the basis of the
the license for the production of thermal energy and the license on the distribution of thermal energy;
thermal energy supply system is established and operated in
the public interest.
§ 3
Doing business in the energy sectors
(1) the subject of business in energy sectors is the production of electricity,
the transmission of electricity, electricity distribution and electricity trade, activities
the market operator, gas production, gas transportation, gas distribution,
gas storage and gas trade and production of thermal energy and distribution
the heat energy.
(2) electricity transmission, distribution of electricity, gas, transport and distribution
gas, gas storage, production and distribution of thermal energy
carried out in the public interest. For the execution of the project to the outlet of the
the performance of the production plants of electricity and are operated in the public interest
or the building, which is part of the transmission system, transmission system,
distribution system, gas storage, distribution of the heat equipment
or a source of thermal energy is connected to power heat
the device can be the right of ownership for the building, land and equipment to expropriate
under the law on expropriation.
(3) to conduct business in the energy sectors in the territory of the Czech Republic can
under the conditions laid down in this law, natural or legal persons only
on the basis of a license granted by the Energy Regulatory Office. License
under this Act, shall not be required on trade, production, distribution and
storage of town gas, coke oven gas, clean, degazačního and
producer gas, biogas, propane, butane and their mixtures, if the
It is not a distribution pipeline systems to which it is connected more
than 50 locations, and for the production of thermal energy intended for delivery
final consumers one of the sampling device from the source of heat
the heat energy that resides in the same object or outside the object in the case
It serves the same purpose. Furthermore, a licence under this Act
does not grant to the activity of the customer or the Subscriber provides removed
electricity, gas or heat energy of another natural or legal person
through their own or operated by it and sampling
Electric, gas or heat equipment, with costs to the
purchase of electricity, gas or heat to such persons only
rozúčtuje the agreed or intended and not a business. In
If electrical equipment is only possible for breakdown of the device to the
voltage 52 kV including.
(4) subject to conditions pursuant to Section 7a of the can in the area of trade in
electricity or gas trade in the territory of the United States to do business
natural or legal persons on the basis of the business for
trade with electricity or gas trade granted by the competent
authority of another Member State of the European Union.
(5) natural and legal persons, whose business is the performance
propane, butane and their mixtures into propane-butanových bottles, are required to
to ensure the regular implementation of the pressure testing, inspection and repair them
owned by the bottles. Filling propane cylinders without the consent of their butanových
the owner is prohibited.
§ 4
License
(1) a Licence is granted for more than 25 years, and that the
and the production of electricity,)
(b)) gas production,
c) transmission of electricity,
d) gas
e) distribution of electricity,
f) gas distribution,
g) gas storage,
h) generate heat energy,
I) distribution of thermal energy.
(2) a Licence to trade in electricity or gas trade is awarded to
period of 5 years. The license on the market operator's activities shall be granted for a period of 25
years of age.
(3) for the whole territory of the Czech Republic are released as exclusive
and the electricity transmission) licence,
(b) a licence to transport gas) and
(c)) the license on the market operator's activities.
(4) in the event that the applicant for the grant of a licence referred to in paragraph 1 shall demonstrate
ownership or any other right of use to power a device that has
serve for the performance of the licensed activities for a period of less than 25 years,
licences shall granted for more than this period of time.
§ 5
Conditions for grant of license
(1) the condition for the grant of a license to a natural person is
and) reaching the age of 18,
(b)) full capacity to perform legal acts,
c) integrity,
(d)) the competence of the representative or the provisions under section 6.
(2) If a legal person, the grant of the licence, the conditions under
paragraph 1 (b). ) to c) must comply with Board members. Furthermore, it is
the condition for granting the license provisions of the responsible legal entity
representative.
(3) a natural or legal person requesting the grant of a license, must
demonstrate that it has the financial and technical capability to ensure the performance
licensed activities. A natural or legal person applying for a grant
a licence is required to provide evidence of ownership or right of use to
energy device that can serve as the performance of the licensed activities.
If the applicant is the owner of the power equipment of the licence, shall be obliged to
the consent of the owner of the lay power equipment with its use to
purposes as defined by law, at least for a period, which is to be
licence is granted. Financial assumptions is not required to prove an applicant for
licence for the production of electricity, if the installed electric power
electricity production is lower than 200 kW, or an applicant for a licence for the production
thermal energy, if the installed heat output of the heat source
energy of less than 1 MW.
(4) For integrity, for the purposes of this Act, a person who is not considered to
has been finally sentenced
and) for an offense committed intentionally jail sentence
freedom for a duration of at least 1 year,
(b)) for an offense committed intentionally, the merits of which is related to the
business and not covered by point (a)), or
(c)) for an offense committed by negligence, the merits of
related to the subject of entrepreneurship in the energy sector,
If it does not look as if he has not been convicted.
(5) the competence for the granting of a licence pursuant to § 4 paragraph 2. 1, the
means a degree of technical direction and 3 years experience
in the field of vocational education or technical direction with
graduation and 6 years experience in the industry. For the production of electricity or heat
power to the installed power plant of 1 MW, including a separate and
electricity distribution devices or distribution equipment heat
energy with installed power up to 1 MW, including sufficient apprenticeship
and 3 years experience in the field or a certificate of retraining to operate
small energy sources or equivalent certificate issued in another
State. For the production of electricity from renewable energy sources to the installed
the performance of the plant is not obliged to 20 kW to demonstrate professional competence.
(6) the Financial projections of the applicant's financial means the ability to
secure operation of the activity for which a license is required, and
the ability to secure commitments for at least for a period of 5 years. Financial
the applicant does not meet the prerequisites, if in the course of the past 3 years Court
set aside the bankruptcy led to the assets of the applicant because it has been met
the scheduling order, or the Court has rejected the insolvency petition because
the debtor's assets will not be sufficient to cover the costs of the insolvency
control, or decided to cancel the bankruptcy because the debtor's assets is
totally inadequate. The certificate applicant is not financially fit,
If the recorded arrears on taxes, duties and charges,
social security contributions, contributions to the State policy
employment or insurance on health insurance and on the
fines.
(7) the technical requirements shall be considered satisfied for the energy
device for which is certified by its safety to the extent and for the
conditions laid down in the laws and other regulations in order to ensure
safety and health at work, and in accordance with the technical
documentation. If the power plant construction, the applicant shall, on
Licensure also demonstrate that it is entitled to use or building
otherwise operate.
(8) to the grant of a license for the production of electricity or heat in nuclear
devices, the consent of the State Office for nuclear safety.
§ 6
Responsible representative of the
(1) the responsible representative, if appointed, shall be responsible for the performance of the licensed
activities under this Act.
(2) the responsible representative must comply with the conditions for the grant of a licence under the
§ 5 para. 1.
(3) the function of the representative shall be used only for one
the holder of the licence.
(4) if the licensee Is a legal entity, is always required to establish
the responsible representative. If the licensee is a natural person, is obliged to
appoint a representative does not meet the condition of professional
eligibility.
(5) the Responsible representative of the legal person shall not be a member of the Supervisory Board
or another supervisory body of the legal person.
(6) the provisions of the responsible representative of the holder of the licence approved
The Energy Regulatory Office.
(7) if in the course of the performance of the licensed activities responsible
the representative of the exercise of their duties, or ceases to fulfil the conditions for
the performance of the functions of the responsible representative, licensee has the obligation to 15
days to propose a new representative. By the time of the approval of new
representative shall be responsible for the performance of the licensed activity, the holder of the
the license.
§ 7
Licence application
(1) a Licence shall be granted on written request.
(2) a request for the grant of a license to a natural person includes
and) name and surname, residence, social security number, if one has been assigned,
or date of birth; appoint a representative, whether or not these data
concerning the representative,
(b)) the subject, location and scope of the business, the list of the establishments for licenses on the
distribution and divorce also defined territory,
c) business name, where the applicant is entered in the commercial register, and
the identification number of the person (hereinafter referred to as "identification number"), if the
allocated,
(d)) the period for which the licence is to be granted, and the proposed
the term licensed activities, enforcement
(e) foreign physical persons) at the residence outside the territory of the Czech Republic,
place of residence in the Czech Republic, if it has been enabled, the location of the organizational
folder in the Czech Republic and the information referred to under (a)) relating to the
the head of the branch; If the responsible representatives or managers
business folder a person domiciled outside the territory of the United States, instead of
his stay in the Czech Republic, where he is staying in the territory of the Czech Republic.
(3) an application for the grant of licences to legal entity contains
and the business name or name) and address of the legal person, the name and surname,
social security number and identification number, if one has been assigned, and where the
the person or persons carrying out the function of the Board or are
its members, and the way they are acting on behalf of a legal person,
(b)) the subject, location and scope of the business, the list of the establishments for a licence to
distribution and divorce also defined territory,
(c)) identification number, if assigned,
d) indications concerning the representative,
e) the period for which the licence is to be granted, and the proposed
the term licensed activities, enforcement
(f)) for the foreign legal person location of the organizational folder in the Czech
Republic and the information referred to in subparagraph (a)) on the head
business folder; If the responsible representatives or managers
business folder a person domiciled outside the territory of the United States, whether or not
his place of residence in the Czech Republic, if the territory of the Czech Republic
is staying.
(4) the request referred to in paragraphs 2 and 3 shall be accompanied
and a copy of the contract or deed) for the establishment or establishment of the legal person,
for persons registered in a commercial register or similar register is sufficient statement of
This register; foreign legal person attaches a statement from the business
or the like in the State register at the headquarters and proof that its
the branch in the Czech Republic is registered in the commercial
Register, if it was already her entry is made, and proof of the operation of
business abroad
(b)) in the case of a natural person, the person who is the statutory body or
his Member, and a representative of the responsible, a statement from the Aliens Register of criminal records
or an equivalent document issued by the authority of the State of which he is a citizen, as well as
State where the last person in the last 3 years were
continuously for at least 6 months; If the State does not issue such documents,
then a declaration of integrity made before the competent authority of such
State; These documents or statements must not be older than 6 months,
c) documents proving the competence of a natural person and a responsible
the representative,
d) documents proving the financial and technical requirements,
e) documents proving the ownership or the right of use to the energy
the device,
(f) a statement of the responsible representative) that agrees with the provisions of the function
and that is not the function of the representative appointed for the licensed
working with another licensee,
g) for foreign natural persons, proof of residency, unless it is a
natural person who is a citizen of a Member State of the European Union;
foreign legal person who is established in the territory of the Czech Republic
organizational folder business, proof that the undertaking outside the territory
The United States, and evidence of its operation,
(h) the location of the establishment) the documents and/or the assigned area.
(5) the energy regulatory office in order to demonstrate integrity
the applicant requests under a special legal regulation ^ 1 d) extract from the register
Criminal records. A request for the release of the statement from an extract from the criminal record
A criminal record is to be transmitted in electronic form, and through
public data networks.
(6) the energy regulatory office in order to demonstrate financial
the assumption that the applicant does not have a recorded arrears on taxes,
fees, cle, or arrears on premiums for social security and
on the contribution to the State employment policy, requests from the financial
authority, the authority of the social security administration and the authority of the Customs Administration
the release of the document or fact shall verify in the information system
public administration where the applicant the following documents to the application for grant of license
or request to change the decision on granting the license.
(7) an application for the release of the documents shall be forwarded in electronic form and
through public data networks. Financial institution administration
social security and the authority of the customs administration shall issue the requested documents in the
7 days from the date of receipt of the request.
(8) where a licence is revoked under section 10, paragraph 1. 2 (a). (b)), or (c)) of this
the law, can be licensed for business in the same industry, to grant such person
soon as possible after the expiration of 3 years from the decision on the revocation of the license.
(9) an applicant for a licence shall be obliged to immediately notify the Energy
regulatory authority changes to the data referred to in the application for the licence and, in the
documents attached to the application for the licence, which occurred after the submission of the
the licence application.
Section 7a
Authorisation to take
(1) a person who intends to conduct business in the energy sectors in the territory
The United States on the basis of the business for trade
electricity or gas trade granted by the competent authority of another
the Member State of the European Union, must apply to the Energy Regulatory Office
the recognition of this permission.
(2) the Energy Regulatory Office shall decide on the authorisation referred to in
paragraph 1, if, on the basis of permission issued by another Member
State of the European Union, the applicant has the right to pursue the activities of trade in
electricity or gas trade. If the energy regulatory
the Office for the recognition of the business for electricity trade or for
gas trade, the person authorized to conduct business in the holder
license under this Act. The provisions of the commercial code of
foreign persons permission to conduct business in the territory of the United States is not
without prejudice to the.
(3) Permission to do business in the field of trade in electricity or trade in
gas in the Czech Republic on the basis of the decision on the authorisation referred to in
paragraph 2 expires, lapses if the permissions issued in another Member State,
or if the energy regulatory authority about the annulment of the decision of the
the recognition of such a privilege. For the cancellation of the decision on the recognition of the permissions
apply the provisions of § 10 para. 2 (a). b) to (d)). Person established in the
energy sectors referred to in paragraph 1 is required to use for energy
regulatory authority announce the demise of the submitted permissions.
§ 8
Grant of license
(1) the Energy Regulatory Office shall decide on the grant of the licence on the basis of
compliance with the conditions for its grant, pursuant to section 5. Licences to trade in
electricity and gas trade arises also the mere lapse of the time limit, and
way under section 28 to 30 of the law on the free movement of services.
(2) the decision to grant the license contains
and a commercial company) a natural or legal person to whom the licence is granted,
recorded in the commercial register; otherwise, the first and last name, if it is
a natural person, or name, in the case of a legal person, the identification
number, if assigned, registered office or place of residence, social security number and
identification number, if one has been assigned, or date of birth,
(b)) the subject, location and scope of the business; on the distribution of licenses
electricity, gas distribution and distribution of thermal energy, also defined
territory,
c) technical terms that is the licensee in the exercise of the licensed
activities must comply with,
(d) the commencement date of the licensed performance) activities,
e) the period for which the licence is granted and the date of permission to
licensed activities
(f) the approval of the responsible representative) pursuant to section 6,
(g)) the list of establishments for which the licence is granted, or a list of
defined territory or a specification of the distribution or distribution equipment,
for which the licence is granted,
h) for foreign natural persons first and last name, social security number and
identification number, if assigned, otherwise, the date of birth, place of residence
outside the territory of the Czech Republic, their place of residence in the Czech Republic, if it was
is enabled, the location of the branch in the Czech Republic, if it was
established, and the details regarding the responsible representative has been appointed; u
foreign legal entity name, address, identification number, if
granted, the location of the branch in the Czech Republic and data
regarding the responsible representative.
(3) on each production, transmission, transmission, distribution, or distribution
devices and each device on gas storage can be issued only
one license.
(4) if requested by the Energy Regulatory Office with the authority of Government or
confirmation from the criminal record, or other document pursuant to § 7 para. 5, from
the date of submission of an application to the date of receipt of the confirmation or other document,
the deadline for a decision is not running.
(5) the Energy Regulatory Office shall decide when the conditions according to
This Act on the foreign person and the grant of the licence before writing to the
the commercial register.
(6) at the request of the founder, or authority or person or persons,
eligible to submit an application for registration of the Czech legal entities in the commercial
the index, the Energy Regulatory Office shall decide on the grant of a license before
registration in this register, it is established that the legal person has been
based on.
(7) if the person referred to in paragraph 5 or 6 of the application for entry into the
the commercial register within 90 days of receipt of the decision on the
license or, if no such proposal has been accepted, the validity of the decision on the
the granting of the licence expires.
(8) the list of decisions to grant, modify or terminate the licenses and the content of the
those decisions, with the exception of information that constitutes a trade
the secret, published by the energy regulatory office in the energy
the adjusting journal.
§ 9
Amendments to the decision on the grant of license
(1) the holder of the licence is obliged to immediately notify the Energy
the regulatory body changes in the conditions for the grant of a licence under section 5 and the
all changes concerning the data and documents that are identified as
requirements for an application for grant of a licence under section 7, submit them to the
documents and request a change to the decision granting the license.
(2) on the basis of the notification referred to in paragraph 1, the Energy Regulatory Office
shall decide to amend the decision granting the licence or revocation of license
According to § 10 para. 2 and 3. If the Energy Regulatory Office may decide to
amendment to the decision granting the licence, to carry out the Energy Regulatory Office
a new procedure and issue a new decision on the case.
(3) concerning amendments to the decision on the grant of a licence may energy regulatory
the authority shall decide on its own initiative in cases where it becomes aware of
the facts that justify this change.
(4) A decision to amend the decision granting the license applies
the provisions of § 8. In the case of the decision to change the decision on the
the license for the activities referred to in section 3, paragraph 3. 2, the effect of which is to reduce the
the assigned area, narrowing down the list of the establishments for which the licence was
granted, or restriction of the scope of business, shall apply mutatis mutandis
the provisions of § 10 para. 4 to 9.
(5) in the case of the extension of the number of establishments, changes to the technical parameters of the
existing establishments or change the scope of the assigned area is the holder of the
a license to bring the performance of licensed activities in these
the premises or at the defined territory on the date of the decision of the
change the decision on granting the license.
(6) if so requested by the holder of a licence to trade in electricity or gas
first 6 months and not later than 90 days before the expiry of the period for which
the licence was granted, its extension, the Energy Regulatory Office
Decides to extend the period for which the licence was granted, not more than
However, the period to be determined pursuant to § 4 paragraph 2. 2. a Licence to trade in
electricity or gas trade is not lost to the decision about the
the request for an extension.
(7) the request of the natural person for an extension of the period for which the licence was
granted, contains the elements referred to in § 7 para. 2. the application of a legal entity
for an extension of the period for which the licence was granted, contains
requirements referred to in § 7 para. 3. the documents referred to in § 7 para. 4 are not required
unless their evidence in cases of reasonable doubt as to the compliance with
the conditions for the granting of licences the Energy Regulatory Office.
The provisions of § 7 para. 5 and 6 shall apply mutatis mutandis.
§ 10
Termination of license
(1) a Licence shall expire
and) for natural persons, the death or declaration of death; This does not apply,
If the heir or the administrator of heritage continues in the performance of the licensed
the activities referred to in paragraphs 9 to 11,
(b) dissolution of the legal person)
(c)) date of expiry of the period for which the licence was granted,
d) by a decision of the Energy Regulatory Office concerning the revocation of a license.
(2) the Energy Regulatory Office shall revoke the licence, if the holder of the
and no longer meets the conditions for) the grant under this Act,
(b)) the obligations laid down by law violations is life-threatening,
health or property of persons,
(c) in the performance of the licensed activities) a serious breach of the legal
the regulations related with this activity,
(d)) asked in writing of its cancellation.
(3) the Energy Regulatory Office may revoke a license if it finds that the
and its holder has commenced the performance) of the licensed activities in the period
as laid down in the decision granting the licence, or not exercising the licensed
activity for a period longer than 24 months,
(b) the assets of the holder) relating to the decision on bankruptcy
or insolvency petition was dismissed because the assets of the holder
It is not sufficient to cover the costs of the insolvency proceedings, or the holder of the licence
entered into liquidation,
(c) the holder has not paid the contribution) to the energy regulatory fund
in accordance with § 14.
(4) if so requested by the holder of the licence to the activities referred to in § 3 (1). 2 on
cancellation of a licence, is required to continue performance of the licensed activities
After the period provided for the Energy Regulatory Office, but not for
12 months from the date of the decision on the revocation of the license. This
the obligation does not, if he proves that he is not able to meet its commitments
resulting from the licence granted for the obstacles that have arisen independently of the
his will and not our own to overcome.
(5) a shortening of the time limits referred to in paragraph 4 and on a date for cancellation of a licence
the Energy Regulatory Office shall decide.
(6) at the same time with the filing of the application for revocation of the licence applicant shall submit a draft
on solving the situation and evidence that the intended termination
its activities met all the market participants concerned, with which it has
contracts concluded pursuant to this Act.
(7) the natural or legal person or its legal successor, which was
cancelled licence to the activities referred to in § 3 (1). 2 or is it
about the cancellation of a licence, is required to begin an urgent need
ensure that these activities and in the public interest to provide for the payment of their,
in the decision referred to the Energy Regulatory Office, energy
device for the removal of obligations beyond the license to another holder
the license on the basis of the decision of the Energy Regulatory Office, and on the
for a specified period not exceeding 12 months. If the holder of the license is not
the owner of the power equipment, this obligation applies to the
the owner of the power equipment, and for a limited period, up to the
12 months. At the same time must allow the designated licensee access to
This device so that I could use to full extent. Patch
remedy against the decision of the Energy Regulatory Office has
suspensory effect.
(8) the Energy Regulatory Office shall, on the basis of the expert opinion
the remuneration for the provision of energy-related equipment in accordance with paragraph 7.
(9) if the licensee dies, may, in the exercise of the licensed activities
continue until the end of the probate proceedings
and heirs by law) if there is a will, the heirs of the
(b)) the heirs of wills and the surviving spouse, even though it is not the heir, if the
the owner or co-owner of the energy of the device that is used to
the performance of the licensed activities,
(c) the surviving spouse) that meet the condition referred to in subparagraph (b)), if in the
the performance of the licensed activities do not go on heirs, or
d) Manager heritage, provided for the performance of the licensed activity was established
the authority hearing the heritage.
(10) If the person or persons referred to in paragraph 9 (a). and continue) to c)
the completion of the probate proceedings in the performance of the licensed activities, are
obliged to notify this fact to the Energy Regulatory Office in writing by
within a period of 1 month from the date of the death of the holder of the licence. Heritage is the Manager
obliged to notify the Energy Regulatory Office continued in the performance
licensed activities within 1 month of the date when this function
appointed.
(11) the person referred to in paragraph 9 (a). a) to (c)), which intends to continue
in the performance of the licensed activities upon completion of the probate proceedings, shall notify the
This fact to the Energy Regulatory Office within one month from the
date of legal effect of the resolution, by which the proceedings were closed, and about the legacy of
at the same time the energy regulatory authority shall submit a request for the grant of
the license. Pending such decision, the Energy Regulatory Office on
request such person continues to exercise the licensed activity on
the basis of the decision on the grant of a licence of the deceased licensee.
The release of the Energy Regulatory Office's decision on the application for the grant of
the license terminates the license granted to the deceased licensee; If
the decision granted a license only on some of the establishments, as defined by
territory or the distribution or distribution equipment, which has been granted
license to the deceased licensee, the license of the deceased holder
the license only in this range.
Certification
section 10a
(1) the transmission system operator and the transmission system operator
can operate a transmission system or a transmission system only
at that time, if the holder of the certificate issued by the energy independence
Regulatory Office.
(2) the transmission system operator or a transmission system
the system is obliged to notify the energy regulatory office any
the facts on which the change comes as a result of which stopped or would
can meet any of the conditions of independence under section 24a
paragraph. 2 or section 58a to 58n.
(3) the transmission system operator or a transmission system
the system is obliged to notify the energy regulatory office any
the circumstances that could lead to the fact that a person acquires control over him
or persons from a third country, or that there is a change of the person or persons from a third
country exercising control over a transmission system operator or
the transmission system operator, or other significant change in circumstances. About this
the fact is the energy regulatory authority must inform the European
The Commission (hereinafter referred to as "the Commission").
section 10b
(1) the Certification shall be initiated at the request of the transmission system operator
or the transmission system operator or the person who intends to
operate a transmission system or a transmission system.
(2) the Energy Regulatory Office initiates a certification, ex officio
and) if reasonably considers that the transmission system operator or
the transmission system operator has stopped or ceases to comply with any
of the conditions of independence under section 24a of para. 2 or § 58a-58n, or
(b)), the Commission's initiative.
(3) If the energy regulatory authority finds reasons to begin
certification on the basis of the notification by the transmission system or
the transmission system operator in accordance with § article 10A(1). 2 it shall inform, within 30
days from the date of receipt of the notification, the Commission and the transmission
system or transmission system operator.
(4) the Energy Regulatory Office shall draw up the concept of propositional parts
the decision and the justification and shall notify the Commission and the party to the proceedings. Before
Notice the concept part of the decision and the reasoning of the Commission to
Energy Regulatory Office party to it.
The Energy Regulatory Office shall draw up a draft of part of the decision and the propositional
justification within 4 months from the
and begin at the request of certification),
(b) the receipt of the complaint the Commission) or
c) receipt of the transmission system operator or
the transmission system operator.
(5) If in the case of certification request is not produced Energy
regulatory authority the concept part of the decision and the justification of the 4
months from the date of its opening, the decision to release the applicant
satisfies the condition for the operation of a transmission or transmission system
under § article 10A(1). 1. If certification initiated ex officio.
not produced the energy regulatory office concept of part of the decision
and the reasoning within 4 months from the receipt of the complaint of the Commission or of the notification of
the transmission system operator or a transmission system operator,
, the Energy Regulatory Office has not demonstrated reasons for cancellation
certificate of independence. This fact to the Energy Regulatory Office
shall inform the Commission and shall transmit to it any used items. Additionally, in the
the certification process according to the directly applicable European Union legislation.
(6) the Energy Regulatory Office shall grant a certificate of independence, if
in the case of certification application the applicant proves that meets the conditions
independence under section 24a of para. 2 or section 58a to 58n.
(7) in the certification initiated ex officio, the Energy Regulatory Office
the certificate cancels independence if the certification proves that the
the transmission system operator or a transmission system operator
repeatedly the serious breach by any of the conditions of independence
under section 24a of para. 2, section 58b to 58 m or § 58n para. 2 and the measures imposed
The energy regulatory office under this Act, does not remedy the situation. In
otherwise, the certification of the Energy Regulatory Office stops. About
the outcome of the Energy Regulatory Office shall inform without delay the
To the Commission.
section 10 c
(1) the certification of a transmission system operator or service provider.
the transmission system operator controlled by a person or persons from a third country,
initiated at the request of the transmission system operator or service provider.
the transmission system over which it exercises control of the person or persons from a third
a country or a person controlled by a person or persons from a third country which
intends to operate the transmission system or a transmission system.
The Energy Regulatory Office shall inform without delay to initiate the certification
To the Commission.
(2) the Energy Regulatory Office initiates a certification, ex officio
becomes aware of facts that lead to or may lead to the
the person or persons from a third country will gain control of the operator
the transmission system operator or a transmission system operator, and shall inform the
about it to the Commission. If the energy regulatory authority finds
reasons for initiating the certification on the basis of the notification of the operator
the transmission system operator or a transmission system operator under section 10a
paragraph. 3, it shall, within 30 days from the date of receipt of the notification, the Commission and the
transmission system operator or a transmission system operator.
(3) the decision of the Energy Regulatory Office shall be subject to the mandatory
the opinion of the Ministry of industry and trade (hereinafter referred to as "the Ministry")
whether get or the performance of the control by a person or persons from a third
the country of transmission or the transmission system operator may endanger the
security of supply of electricity or gas in the Czech Republic and the European
the Union. The Ministry will issue a binding opinion within 2 months from the date of delivery
application the Energy Regulatory Office on its release. Issue
Ministry of binding opinion within the time limit referred to in the second sentence, the
get or the performance of the control by a person or persons from a third country over
the operator of a transmission or transmission system does not compromise safety
the supply of electricity or gas in the Czech Republic and the European Union. Binding
the opinion of the Ministry issued on the basis of the assessment
and) the rights and obligations of the European Union in relation to the third country or countries,
arising from international law, including agreements concluded with one
or several third countries to which the European Union is a Contracting Party, and
governing the safety of energy supplies,
b) rights and obligations of the United Kingdom in relation to a third country, or
countries, resulting from the agreements concluded with that third country or
countries,
(c)) other facts or circumstances worthy of special attention.
(4) the Energy Regulatory Office shall draw up the concept of propositional parts
decision and rationale within 4 months from the date of certification and
It shall notify the Commission of the Ministry and a participant in the proceedings. Before the announcement
This concept of the Commission to the Energy Regulatory Office participant
the proceedings are express to it. At the same time with the announcement of the concept of propositional parts
the decision and the justification of the Energy Regulatory Office shall request the Commission to
issue an opinion on whether the
and) the applicant or the transmission system operator or the operator
the transmission system meets the conditions of independence under section 24a of para. 2
or section 58a to 58n,
(b)) granting the certificate of independence will not endanger security of supply
electricity or gas to the European Union.
(5) if the Commission has the opinion within two months from the date of receipt of the request for
its issue or within 4 months in the case that the Commission will ask for comments
Agency for the cooperation of energy regulators (hereinafter referred to as
"The Agency") ^ 20), the authorities of the other Member States or of the person concerned,
, has no objection to the concept of the part of the decision and the justification of propositional
objections.
(6) the Energy Regulatory Office shall issue a decision on the case within 2 months from the date
the date on which he received the opinion of the Commission, or when the time limit for issuing the opinion
The Commission has expired. In doing so, as far as possible take into account the opinion of the Commission.
(7) the Energy Regulatory Office shall grant a certificate of independence, if
in the case of certification application the applicant proves that meets the conditions
independence under section 24a of para. 2, section 58b to 58 m or § 58n para. 2, and
at the same time, it was found that the acquisition of or the performance of the control by a person
or persons from a third country of transmission or transport
the system does not compromise the security of supply of electricity or gas in the Czech
Republic and the European Union.
(8) certification initiated ex officio, the Energy Regulatory Office
certificate of independence unless it is shown that an operator
the transmission system operator or a transmission system operator does not meet the
one of the conditions of independence under section 24a of para. 2, section 58b to 58 m
or § 58n para. 2, or due to changes of a person or persons from a third country
exercising control over a transmission system operator or
the transmission system operator, or other significant changes
circumstances may endanger the security of supply of electricity or the
gas in the Czech Republic and the European Union, otherwise the energy regulatory
certification authority stops. The decision of the Energy Regulatory Office is
subject to the mandatory opinion of the Ministry; the provisions of paragraph 3 shall
apply mutatis mutandis.
(9) an ordering part of the decision and the Energy Regulatory Office
opinion of the Commission the Energy Regulatory Office shall publish in the manner
allowing remote access and in the energy regulatory bulletin. If
Energy Regulatory Office decided differently from the opinion of the Commission,
It also publishes of the decision.
§ 11
The rights and obligations of the licence holders
(1) the holder of the licence is obliged to
and to carry out the licensed activities) to ensure reliable and
permanently secure the supply of energy, if this obligation is stored in
the special part of this Act,
(b)) to submit the energy regulatory authority information for decisions on
prices and data for the preparation and implementation of programmes to improve energy
efficiency and support and monitor energy services and other measures
to increase energy efficiency,
(c)) to ensure that the performance of the licensed activity has been used technical
devices that comply with the requirements laid down by safety and reliability
laws and technical standards in the gas industry and the technical
the rules, which are registered at the Chamber of Commerce of the Czech Republic,
(d)) to ensure that the work associated with the performance of the licensed activities were
carried out by persons with competence,
(e) provide to the Department of Energy), the regulatory body and the national
energy inspection of the true and complete information and documents necessary for the
the exercise of their statutory privileges and allow them access to the
facilities for the performance of the licensed activities is used,
(f) implement chargebacks) energy supply and related services and the price to pay
the costs associated with the support of electricity under the provisions of the law on the supported
sources of energy,
g) maintain confidentiality about the facts of the character of the business,
technical and financial, which it learned from its customers,
h) follow established parameters of the quality of supplies and services, and in the case of
their failure to provide compensation,
(I) the licensed activity) exercise, to prevent a threat to life and
the health of persons, property or the interests of the protection of the environment,
(j)) in the performance of the licensed activities indicate the true and complete information on the
conditions of energy supply,
to) refrain from all activities that prevent the demand for energy
services and other measures to increase energy efficiency or
their provision, or that hinder the development of markets for energy
services and other energy efficiency improvement measures,
l) ensure that the obligations of the holder of the licence have been met under this
the Act and other legislation as well as in cases where the holder of the licence
It ensures the performance of the activities related to the rights and obligations of the licence holder
through a third party on the basis of contractual relations, closed
According to the generally binding legal regulations,
m) have to carry out its rights and responsibilities available the necessary human,
technical and financial resources.
(2) the holder of a licence pursuant to § 4 paragraph 2. 1 procedures for the performance of the licensed
activities in crisis management 1 d) by ^ emergency plan and
It works with the emergency management authorities; emergency plan is
part of the plan crisis preparedness ^ 1e).
(3) the holder of a licence for the production of electricity, gas production, trade
electricity or gas trade is to be kept for 5 years
details of the settlement under contracts concluded with participants in the wholesale market
with electricity or gas, with the transmission system operator,
transmission system operator or operators of gas reservoirs
the purpose of which is the supply of electricity or gas or derivatives
related to the electricity or gas, and upon request of these bodies held
information to provide.
(4) the holder of a licence for the transmission of electricity, electricity distribution, transport
gas or gas distribution and the holder of the licence to the operator's activities
the market is required to perform the tasks needed to carry out elections or changes
supplier of electricity or gas, if such a right is exercised.
Exercise of the right to a change of the supplier of electricity or gas in violation of the
the terms of their contract with an existing supplier
electricity or gas is without prejudice to the liability of the customer caused
damage.
(5) other rights and obligations of the holders of licences according to the individual
the sectors are listed in a separate section of this Act.
§ 11a
Some of the measures for the protection of the customer
(1) the holder of a licence for the production of electricity, gas production, trade
electricity or gas trade is required to publish in the manner
allowing remote access to applied conditions of gas supplies and prices
for the supply of gas to households and entrepreneurial natural persons with annual
gas consumption to 630 MWh of electricity supply conditions and prices for
the supply of electricity for household or entrepreneurial natural persons
for electricity from low-voltage levels. Changes in the prices for the supply of
electricity or gas or change other conditions of electricity supply or
gas is the holder of the licence shall publish, not later than 30 days before the date of
their effectiveness.
(2) If a natural person, the contract business, which
the subject is the supply of electricity or gas, outside the rooms common to
the business licence holder, the provisions of § 57 of the civil code, the
apply, mutatis mutandis. Consumer ^ 1f) or individual entrepreneur,
you are in the first sentence shall apply the provisions of § 57 of the civil
code may be the subject of the contract is the supply of electricity or
gas, sealed off the premises of the usual business of the licensee
in writing to withdraw without giving any reason and without any penalty within the time limit to
5 days prior to the supply of electricity or gas. The time limit for the application of the
the right of withdrawal is maintained, if the withdrawal from the contract
in writing sent before the expiry of that period.
(3) if the licensee Increases on electricity trade, gas trade,
the production of electricity or gas production price for the electricity or gas
or if the other contractual terms and conditions, the customer is entitled to without putting
reason to withdraw from the contract within 3 months from the date of the price increase or change
other terms and conditions. This does not apply if the holder of the licence shall notify the
the customer price increase or other change in the terms and conditions
no later than 30 days before the date of their efficiency and at the same time the customer
Learn about his right of withdrawal from the contract. In this case, is
the customer shall be entitled to, without cause, withdraw from the contract at the latest 10
days before the date of the price increase or other change in the contractual conditions.
(4) the withdrawal referred to in paragraph 3 is effective as of the last day of the calendar
the month in which it was delivered to the appropriate licensee, unless the
the customer later effective date of withdrawal. Exercising the right to
the withdrawal must not be associated with any financial claims against the
to the customer. The resignation, which was made within 3 months of
the effectiveness of a price increase or other change in the contractual conditions and less than
10 days before the end of the month, is effective on the last day
of the calendar month following the month in which the
the resignation forwarded to the competent licensee.
(5) for the negotiation of the price increase of electricity or gas or other changes
terms and conditions to which it is not according to the contract concluded with the
the customer should be the explicit expression of will of the customer, or is the manifestation of the will
customer associated with the mere lapse of the time limit, shall apply mutatis mutandis
the provisions of paragraphs 3 and 4.
(6) the holder of a licence for the production of electricity, electricity trade, production
gas or gas trade is obliged to allow customers to
neznevýhodňující the selection of the method of payment for the supplied electricity or gas.
(7) if the holder of the licence fee will be charged on the trade with electricity, gas trade,
the production of electricity or gas production advance payments for the supply of electricity
or gas, is obliged to provide advance payments to the extent of consumption for the
the previous comparable accounting period, but not to the extent reasonably
the estimated consumption of electricity or gas to the following posting
period.
§ 12
Duties beyond the scope of the license
(1) the duties of the supply of heat energy and distribution obligations
electricity and gas distribution beyond the licence means the takeover
obligations of the licence holder, which has ceased to carry out the performance of the licensed
the activities of the other licensee.
(2) in the case of urgent needs and in the public interest arises the holder
licence for the manufacture or distribution of thermal energy, the obligation to provide
beyond the supply licence on the basis of a decision of the energy
Regulatory Office.
(3) in case of urgent need and in the public interest arises the holder
licences for the distribution of electricity or gas distribution obligation
to ensure the distribution of electricity or gas distribution beyond the scope of the license
on the basis of the decision of the Energy Regulatory Office.
(4) the decision of the energy regulatory office in accordance with paragraphs 2 and 3 shall
issued for a limited period, up to 12 months. Appeal
brought against this decision does not have suspensory effect.
(5) loss resulting from Provable licensee for the production or distribution of
heat energy by taking the responsibilities of supply beyond the licence shall be paid
with funds from the energy regulation Fund (hereinafter referred to as "the Fund") under section
14. loss resulting from Provable licensee to distribute
or distribution of gas or electricity suppliers of last resort is the
the reason for the adjustment of administered prices.
(6) if the licensee exercises an outside fulfillment of obligations beyond
yet another activity licence is required to keep separate accounts related
to the fulfilment of the obligations above and beyond the licenses separately.
(7) an obligation to provide in an emergency and in the public interest
power equipment to ensure duties beyond the scope of the licence
also apply to the natural or legal person who is in possession of
license, and that has stopped or is imminent, that stops
exercise activity in which takes place the supply of electricity, gas,
or thermal energy. The provisions of § 10 para. 7 and 8 shall apply mutatis mutandis.
§ 12a
The supplier of last resort
(1) a supplier of last resort within the assigned area of the holder
the license for the distribution of electricity or gas, which the device is attached
to the transmission or the transmission system, the holder of the licence to trade in
electricity or gas trade that is or was part of the same
a vertically integrated company, or of a vertically integrated
the natural gas businesses, such as the holder of the licence to the distribution
electricity, or on the distribution of gas in a defined territory, where it is located
consumption location.
(2) the supplier of last resort supplies of electricity or gas to the customer,
the supplier of electricity or gas lost privilege or option
to supply electricity or gas or ended the supply of electricity or gas.
This obligation arises on the day when the market operator shall notify the supplier
the last instance of the registration number of the load of the
the customer, in which no one is not responsible for the variance, it takes not more than 6 months, and
It does not apply to the customer, whose gas consumption over the past 12
months was higher than 60 thousand. M3.
(3) the initiation of delivery, the price and other terms of delivery the supplier is
the last instance shall immediately notify the customer concerned and
the distribution system operator.
(4) in cases where the supply of electricity or gas supplier last
an instance of the distribution system operator shall transmit to the supplier of the last
the instance identification information of the customer.
(5) the supplier of last resort is not obliged to supply electricity or
gas detection of unauthorized sampling on any given point.
(6) the supplier of last resort delivers electricity or gas for a period of
not more than 6 months home, which has a new place of consumption to which
electricity or gas have not yet been delivered, and that's where, if it was about
the delivery of this household asked.
(7) the moment of opening of the supply of electricity or gas supplier
most instances are terminated, the supply of electricity or gas main
by the supplier to the customer.
section 13 of the
cancelled
§ 14
Fund
(1) the appropriations intended to cover the demonstrable loss of licence holders
who fulfils the obligation to supply heat energy beyond the license, leads
The Energy Regulatory Office on a special current account. Revenue account forms
the payment of the statutory body, interest and interest on arrears.
(2) license holders in accordance with § 4 para. 1 (b). (h)) and i) are required to
contribute financially to the Fund. Resources of the Fund are by other financial
the resources of the State and are assigned to cover the demonstrable loss
Licensee's obligation to supply thermal energy performing above and beyond
the license.
(3) the obligation to license holders to the contributions to the Fund will
where the amount of contributions to your account at the end of the billing period above
50 0000 0000 CZK. In the management of the contributions of the Energy Regulatory Office
According to the tax code. Settlement of overpayments and underpayments,
including the addition of a contribution does not affect the already set out above
contributions of the license holders. Contributions to the Fund shall be determined for the financial
period for the Fund, in which the balance of the Fund will fall by at least 5 0000 0000 CZK.
Overpayments to the amount of 100 € the Energy Regulatory Office.
(4) the procedure for the determination of the amount of the contribution of the individual licence holders
is determined by the product of their share in the total annual volume of achieved
sales of the licensed activities operated by them for the previous calendar
year and the amount resulting from paragraph 3 for the year. Exempted from the
obligations of the payment of the allowance are the holders of licences, the amount of
contributions is less than $ 100. The total amount of generosity
the total amount of sales announced by the holders of licences, shared on the holder of the
licences to which, the exemption does not apply, and this proportion will increase
vyměřovaný post that are required to contribute to the Fund.
(5) according to the results of the energy regulatory assessment procedure shall
the Office of the amount of the contribution for each of the holders of licences and shall inform the
the relevant licensee. Licensees are required to post
pay into the Fund by 31 December 2002. October of the calendar year.
If it finds the energy regulatory office after assessment of the contribution that
fixed contribution is lower than the legal obligations, in addition
the contribution shall be levied equal to the difference between the contribution originally vyměřeným and
the contribution of the newly laid down. Additional assessment is due to
30 days from the date of receipt of the payment.
(6) the holder of the licence, which was obliged to supply heat
energy in excess of the license, is required to submit the energy
the regulatory authority no later than 30 June 2003. June of the calendar year of the expense report
demonstrable loss arising from performance of duties beyond the scope of the license in the
the past calendar year. The Energy Regulatory Office shall check the expense report
provable loss and provides for the holder of the license level of the remuneration of the
the losses from the financial resources of the Fund.
(7) if the demonstrable loss of licence holders, resources in the Fund,
This difference may be paid in the form of returnable financial assistance from
the State budget due by the end of the next
of the calendar year.
(8) the balances of the Fund at the end of the calendar year
be transferred to the following calendar year.
(9) a licence holder who has been obliged to supply heat
energy beyond the scope of the licence, shall be responsible for the use of financial resources
the Fund, to cover tangible losses and for the accuracy of the expense report
provable loss for the calendar year.
(10) if the withdrawal of funds from the Fund on the basis of
incorrect or incomplete data of the holder, the holder of the
license required to illegally pumped or withheld funds
return not later than 15 days from the date of the invitation made by the Energy
regulatory office or from the date of the finding by the beneficiary to the Fund. At the same time
licensee shall pay interest on arrears at the rate of 1 per mille
a day of wrongly drawn or withheld funds, but not more than
to these amounts. Interest on late payment shall constitute revenue of the Fund. Energy
the regulatory authority can avoid interest on late payments reduce the hardness
or waived. Illegally pumped or withheld funds including
interest on arrears collected and enforced by the Energy Regulatory Office.
(11) the Energy Regulatory Office is obliged to submit to an audit of the Fund and
to publish a report on the management of the resources of the Fund for the relevant
calendar year in the energy regulatory bulletin. Report on the status of the Fund
submit as an attachment to the State final account of the chapter
Energy Regulatory Office for the relevant year in parallel with the draft budget
the Fund for the next calendar year.
§ 15
Performance of State administration
Performance of State administration in the energy sectors belong to the
and Ministry)
(b)) the energy regulatory authority,
(c)) the State Energy inspection.
section 15a
The provision of information to the authorities of the State administration
(1) the holder of a license or other legal person or natural person-entrepreneur
person are required to provide to the Ministry, the energy regulatory
the Office and the State Energy inspection on written request by the
a reasonable time is complete, correct and truthful documents and information necessary
for the performance of their responsibilities under this Act.
(2) the licensee is also required to provide the Commission, at the written
request within the time limit laid down her full, correct and true data and
the information necessary for the exercise of its competence in the area of certification.
(3) when requesting documents and information shall be the Ministry of Energy,
regulatory authority or the State Energy inspection of legal reason and purpose
request documents and information, and learn about the possibility of the imposition of fines in the
the case of non-compliance.
section 15b
paid
section 16 of the
The scope of the Ministry of
Ministry as the central authority of State administration for energy ^ 2)
and State authorization) issues for the construction of electricity generating stations and the construction of
the selected gas devices according to the conditions provided for in the special part
This law,
b) handles the State energy concept and the national action plan for the
renewable energy,
c) ensures fulfilment of the obligations arising from international treaties,
which the Czech Republic is bound, or obligations arising from the
membership in international organisations,
(d)) shall inform the Commission about the
1. measures taken to fulfil the supply of last resort, the protection of
customers and protection of the environment and their impact on
competition,
2. protective measures adopted in the event of a sudden crisis in the market
energy, in the case of a threat to the safety of persons and installations and threats
the integrity of energy systems; inform all Member
States of the European Union,
3. imports of electricity in terms of physical flows, to which
an error occurred during the previous 3 months from third countries, and it once every 3
of the month
4. the grounds for the rejection of applications for the grant of a State authorization,
5. facts relating to the combined production of electricity and heat,
6. the annual statistics on the performance of the combined production and used
fuels and primary energy savings achieved by applying
the combined production; to do this, they are required to the participants in the electricity market,
the market operator and the Energy Regulatory Office to provide the Ministry of
the necessary information,
7. the ability of the power system to ensure supply
current and projected demands for electricity,
8. the operational security of the transmission system and distribution systems
9. the projected balance of supply and demand during the period of the next 5
years of age,
10. the prospects for security of electricity supply in a period of 5 to 15 years
from the date of informing the Commission,
11. the investment intentions of the transmission system operator and the intentions of the
other people that are aware and which relate to the provision of
cross-border interconnection capacity within the next 5 or more
calendar years,
12. investment projects in energy infrastructure,
e) provides, if necessary, the invitation to tender for new production
capacity and new storage capacity gas storage,
(f)) has the right to decide, for reasons of security of supply, to give
prefer to connect electricity and gas generating stations that use home
primary energy fuel sources, to an extent not exceeding in
any calendar year 15% of the overall primary energy necessary to produce
electricity and gas production,
g) applies to a policy opinion on territorial development and territorial policies
development,
h) passes the national report on the State of the electricity and gas industry
The Commission, the
I) passes the message on the security of gas supply to the Commission,
(j)) ensures that the out-of-court settlement of disputes in the energy sectors,
the introduction of intelligent analysis) handles measuring systems in the
electricity industry and gas industry,
l) cooperate with the competent authorities of the other Member States for the
to provide support for regional and bilateral solidarity for
ensuring the safe and reliable supply of electricity and gas,
especially in times of State of emergency or of its prevention,
m) tracks
1. compliance with the requirements on safety and reliability of electricity supply and
the gas system and reviewing the results achieved,
2. investments in new capacities in relation to security of supply
electricity and gas
3. the implementation of the adopted protection measures in the electricity sector,
gas and heating plants in the case of an emergency, the State of prevention
emergency and the removal of its consequences, of a sudden crisis in the energy market, in
the case of a threat to the safety of persons and installations and a threat to the integrity of the
energy systems,
n) produces a binding opinion on its investment plans
the transmission system operator and the transmission system operator,
about) passes to the Energy Regulatory Office and the State energy
inspection of the information and data necessary for the performance of their responsibilities,
p) is the competent authority for the implementation of the measures provided for by the regulation on
measures to safeguard security of natural gas supply ^ 21),
q) draws up and updates according to the decision of the Commission, the national action plan
The United States on energy from renewable sources, including all
related information and in due time submit to the Commission,
r) performs the calculation of the share of energy from renewable sources in gross
final energy consumption including the development of all related
information and submit them to the Commission,
with) for the negotiation of bilateral and multilateral international
agreements on the statistical transfer of energy from renewable sources or a
creation of a joint project dealing with the use of energy from
renewable energy sources to reach binding targets and objectives
including the development of related information and reporting to the Commission
and working with the State,
t) publishes information concerning the different forms of aid
the electricity of the supported sources, support of heat from renewable sources,
the aid and support of biomethane decentralized electricity production,
u) draws up a report on progress in the promotion and use of energy from
renewable energy sources and from combined production of electricity and heat, and in the
the time limits it is submitting to the Commission,
keeps track of the amount of electricity in) of the supported sources, biomethane and
decentralised production of electricity and heat from renewable energy sources,
w) publishes information on the availability of all renewable resources for
transport and their benefits in terms of environmental protection,
x) issue a certificate of origin of electricity from high-performance combined
production of electricity and heat and electricity from secondary sources,
s) is in a territorial management of the concerned competent authority to issue a binding
opinions on the construction of electricity transmission system facilities, buildings
the transmission system gas equipment, construction equipment for storage
gas and electricity generating stations for buildings with a total installed electrical
the performance of 100 MW or more.
§ 17
The Energy Regulatory Office and its scope
(1) the Energy Regulatory Office shall be established as an Administrative Office for the performance of
Regulation in the energy sector, with a separate chapter of the State budget of the Czech
of the Republic.
(2) the seat of the Energy Regulatory Office is Jihlava.
(3) in the performance of the scope of the Energy Regulatory Office shall proceed
independent and subject only to the laws and other legislation.
The Energy Regulatory Office shall not in the exercise of its competence to receive or
require instructions from the President of the Republic, the Parliament of the Czech Republic,
Government or from any other authority of the Executive power or physical or
of the legal entity. The Energy Regulatory Office shall proceed to
transparency and predictability of performance of his duties.
(4) the Energy Regulatory Office, in particular, protects the legitimate interests of the customer
and consumers in the energy sectors. In the scope of the energy
regulatory authority is to regulate prices, support of competition in
energy sectors, supervision of markets in energy
sectors, promoting the use of renewable and secondary energy sources
support for the combined production of heat and electricity, biomethane, support
support for decentralized electricity production and to protect the interests of customers and
consumers in order to satisfy all reasonable requirements for the supply of
energy and protection of the legitimate interests of the licence holders, whose activities
subject to regulation. The Energy Regulatory Office shall ensure that the scope of the
regulatory authority and of the authority concerned and the competent authority in accordance with
The regulation on conditions for access to the network for cross-border trade in
electricity ^ 2a) and the Regulation on conditions for access to the natural gas
transmission networks ^ 2b) and the regulatory authority in accordance with the regulation on
measures to safeguard security of natural gas supply ^ 21).
(5) the energy regulatory authority within the limits of their jurisdiction, supports the development of
internal market in electricity and gas markets within the European Union and the development of
regional energy markets, in cooperation with the regulatory authorities of the other
the Member States supports coordinated allocation of cross-border
capacity building, coordination, making the transmission system in the operating rules
electricity and gas transmission networks.
(6) the Energy Regulatory Office shall decide on the
and, change) the granting renewal or cancellation of a licence,
(b)), to the requirement of supply beyond the scope of the license,
(c) the requirement to provide) in urgent cases, the energy
equipment for performance of the obligation to supply beyond the scope of the license,
d) price controls under the Act on prices,
(e) the temporary suspension of the obligation) to allow access to third parties under
§ 61a,
(f) suspend the obligations of access) for the new gas equipment and
approval of the rules for allocating and managing capacity and control
exceeding the capacity of the new gas equipment in accordance with § 67a,
(g) the granting or cancellation of certificate) the independence,
h) recognition of foreign business persons in the Czech Republic
According to § 7a.
(7) the Energy Regulatory Office on
and disputes about the closure) of the Treaty under this Act between the holder of the
licenses, or between a licensee and the customer, and disputes about the limits
to interrupt or restore the supply or distribution of electricity, gas or
the heat energy because of the unlawful or unauthorized subscription
distribution,
(b)) Decides in disputes relating to fulfilment of the obligations of the treaties between the holders of licences
under this Act, in cases in which it would otherwise have been the decision
the dispute given to the jurisdiction of the Court, unless the powers of the energy
regulatory authority to decide dispute agrees to all of the participants
management,
(c) disputes about the connection) or access to the transmission system or
distribution system, transmission system, gas and mining trays
pipelines, including disputes on access to cross-border transmission capacity
electricity, gas transport or distribution of electricity or gas,
d) decide disputes relating to support of electricity production from renewable
sources or electricity from the combined production of electricity and heat, or
electricity produced from secondary energy sources and disputes about the amount of
refund on dispatching management of production of electricity from renewable
energy sources in accordance with § 26 para. 6,
e) at the request of the Customer Subscriber of electricity or gas for consumption in
home or the customer who is a natural person-entrepreneur,
shall be decided by
1. disputes between the customer and the licensee for the fulfilment of the obligations of the
contracts the object of which is the supply or distribution of electricity, or
gas,
2. to determine whether the legal relationship between the customer and the licensee,
the object of the delivery or distribution of electricity or gas,
originated, it takes or has lapsed,
3. to provide compensation for non-compliance with established standards of quality
supplies and services in the electricity or gas,
(f)) shall be supervised in the energy sectors to the extent referred to in section 18 and
supervision of compliance with the obligations laid down by law for the protection of
consumers in the area of business in elektroenegetice and gas,
g) endorses or lays down the rules of operation of the transmission system and
The rules of operation of the distribution system operators in the electricity sector,
the market operator's terms and conditions, the conditions of employment of the transmission system operator,
The order of the stack gas operator and the order of distribution
system in the gas industry,
h) carries out investigations concerning the functioning of the electricity or gas markets
and in the case of finding flaws imposes measures to ensure proper
the functioning of these markets,
I) approves the development plan of the transmission system operator and transmission development plan
System; approval of the development plan, the transmission system or the development plan
the transmission system operator shall be subject to the issuance of a binding opinion
the Ministry,
j) monitors
1. the application of restrictive or unfair terms in contracts on
market in electricity, gas and heating industry sector, restrictive or
exclusive rights of the customer
2. technical cooperation between transmission or
transmission systems in the European Union and in relation to third countries,
3. the State of competition in the wholesale and retail market
electricity and gas
k) monitors and examines the conditions of access to gas and trays
related services,
l) exposes the recommendations regarding the pricing of electricity and gas for the
household,
m) exposes the annual report the results of monitoring activities in
energy sectors, annual and monthly report on the operation of the electricity
system and gas system in a manner allowing remote access,
n) exposes the reports about the prices of thermal energy including their comparison,
in the breakdown by locations and technical parameters of the production and distribution of
thermal energy,
o) cooperates with the regulatory authorities of the other Member States and the
The Agency shall consult with them made a decision concerning the
cross-border and regional cooperation and provides them with information and other
the necessary assistance for the fulfilment of their tasks,
p) cooperate with the Commission and the Agency, with the Ministry and other
the administrative offices,
q) works with civil associations and other legal entities
established to protect the rights of consumers energy,
r) requires the opinion of the agency or served the complaint Commission for examination
the decision of the other regulatory authorities of Member States of the European Union,
If it considers that a decision of another regulatory authority of a Member State
The European Union is not in accordance with the regulations of the European Union ^ 22) in the area
internal market for electricity or gas.
(8) if the transmission system operator is part of a vertically
integrated natural gas businesses, the Energy Regulatory Office
further
and the provision of information between) monitors the transmission system operator
and other entities that are part of the same group, for the purpose of
determine whether the transmission system operator shall perform the duties
an independent transmission system operator,
b) monitors the contractual relations between the transmission system operator
other entities that are part of the same group, including during the
their performance, and requires records of those relations,
(c)) decides disputes between the transmission system operator and others
persons who are part of the same vertically integrated
the natural gas businesses, where the dispute concerns the obligations imposed
This law,
(d)) carries out investigations at the premises, rooms and means of transport,
that the transmission system operator and other persons who are
part of the same group, are used for their business activities (hereinafter referred to
"trading spaces"),
(e) approve the conclusion of contracts between) the transmission system operator
other entities that are part of the same group,
f) consents to the provision of transmission services
system to another person, that is part of the same vertically integrated
the natural gas businesses,
g) approving the appointment, election and dismissal of the statutory body or a member of
statutory authority and a member of the Supervisory Board by the transmission
system and approves the conclusion of the contract for the performance of the statutory
authority, a statutory authority, or a member of the Supervisory Board and other
the Treaty, which regulates the conditions for the performance of the duties of the Board,
Member of the Board or a member of the Supervisory Board and any change thereof,
h) approving the appointment or other provisions to the function and appeal or
other early termination of the performance of the duties of the auditor of the program of equal
treatment of an independent transmission system operator (hereinafter referred to as
"auditor of the program"), and approving the conclusion, amendment or termination of the contract,
that States the terms of performance of the duties of the auditor of the program, or contract,
establishing an employment relationship auditor program
I) approved the program of equal treatment of independent operators
the transmission system,
j) shall consult the ten-year plan for the development of the transmission system and assesses the
its compliance with those requirements on the realization of investments in transport
system and with the development plan of the system throughout the European Union,
to) decide on the regulation changes or correct a defect of the 10-year plan
the development of the transmission system and lays down a reasonable term to do so,
l) monitors and evaluates the implementation of the ten-year plan for the development of transport
system and shall decide on the introduction of measures to carry out the investment in
the transmission system.
(9) the Energy Regulatory Office issued by the energy regulatory bulletin, in
which publishes, in particular pricing decision. Energy Regulatory Office
secures release of energy regulatory bulletin through
Portal of the public administration. On the day of its publication in the energy regulatory
Journal of the day is the release of the appropriate amount of energy regulatory
the journal referred to in the header through the portal public
Administration.
(10) the Energy Regulatory Office shall submit annually to the Chamber of Deputies
the Chamber of deputies of the Czech Parliament, the Commission and the agency report on its
activities and the Government and the House of representatives a report on the economy. In the message,
on the activities of the Energy Regulatory Office shall also indicate the measures taken in the
the performance of the activities of the Energy Regulatory Office and the results obtained,
the results of the assessment of the compliance of the transmission system development plans and plans
the development of the transmission system with the system development plans for the entire European
the Union under regulation on conditions for access to the network for cross-border
electricity trade and Regulation on conditions for access to the natural gas
transmission systems and the results of the investigations carried out concerning the
the functioning of the markets for electricity and gas. Report on its activities
The Energy Regulatory Office shall publish.
(11) the energy regulatory office regulates the prices for electricity and
distribution of electricity, under system services, prices for gas,
distribution of gas, the price for the market operator's activities and the price of electricity and
gas supplier of last resort. The Energy Regulatory Office is
authorized on a proposal from the transmission system operator may decide to
a different technique, the prices for international transport of gas based
on the way to market. The Energy Regulatory Office may also regulate prices
the heat energy.
(12) the Energy Regulatory Office may, in addition to the activities referred to in
paragraph 11 to decide on the price of other control activities carried out by
the transmission system operator, and transmission system operator,
distribution system operator or the market operator's activities,
related to the transmission of electricity, gas, transportation, distribution
electricity or gas or the market operator's activities, if it is
necessary to ensure the reliable and safe operation of the power or
the gas system, ensuring non-discriminatory access of participants
market in electricity and gas system or if the market is vulnerable to
the effects of the restriction of competition or if required by extraordinary market
the situation.
(13) an employee assigned to the energy regulatory office or person
in another legal relationship to the Energy Regulatory Office (hereinafter referred to as
"an employee of the Energy Regulatory Office"), on the basis of
for the Energy Regulatory Office shall exercise the activity in which he learns
the fact constituting the subject-matter of trade secrets or confidential
the information that is required to preserve secrecy about them. This obligation takes
even after the termination of employment or other relationship to the energy
the regulating authority. Confidentiality obligation shall not apply if such persons
serves about such facts and data, the testimony of the prosecuting authorities
criminal proceedings or in proceedings before the Court, or if the challenge
These authorities or the Court serves a written statement. The violation of the
confidentiality is the provision of information and data
The Commission, the Agency, regulatory authorities of the Member States, the Ministry,
other administrative authorities and the market operator for the purposes of the performance of their
the scope of or obligations and for the fulfilment of the tasks of the energy regulatory
the Office. In this case, the beneficiary is obliged to ensure the same level of
confidentiality of information and data forwarding.
(14) the energy regulatory authority passes to the Ministry and the State
energy inspection of the information and data necessary for the performance of their
the scope of the.
§ 17a
(1) the Ministry of the Interior or the police of the Czech Republic provides
the Ministry and the Energy Regulatory Office for the performance of its
scope and for the performance of the Energy Regulatory Office, as provided
This Act
and from the base) a reference population register,
(b)) the data from the agendového information system of population register,
(c)) the data from the agendového information system for foreigners.
(2) Information Provided pursuant to paragraph 1. and) are
and) surname,
(b) the name or names),
(c)) date of birth,
(d) the address of the place of stay)
e) date of death; If it is issued the Court's decision on the Declaration of death,
the day that the decision is listed as the day of death or the day that
the data subject is declared dead have survived, and the date of acquisition of legal
the power of this decision.
(3) Information Provided pursuant to paragraph 1. (b)) are
and the name or names), surname, maiden name,
(b)) date of birth,
(c) the social security number),
(d)) country of citizenship,
(e) the address of the place of residence), including previous address space
permanent residence,
(f) waiver or limitation) competence to perform legal acts,
g) date of death,
h) day, who was in the Court decision on the Declaration of death listed
as the day of death or the date on which the data subject is declared dead
did not survive.
(4) Information Provided pursuant to paragraph 1. (c)) are
and the name or names), surname, maiden name,
(b)) date of birth,
(c) the social security number),
(d)) country of citizenship,
(e)) the type and address of the place of stay, including previous permanent addresses
stay,
(f) waiver or limitation) competence to perform legal acts,
g) date of death,
h) day, who was in the Court decision on the Declaration of death listed
as the day of death or the date on which the data subject is declared dead
did not survive.
(5) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) Ministry and the Energy Regulatory Office may, for the purposes of verifying the
provided information and for carrying out the tasks of State administration under this Act
the data provided further forward, sort, or combine, or is
block, if it finds that the information provided is not accurate; about how to determine
inaccurate details the Interior Ministry or the police of the Czech Republic
shall immediately inform.
(7) of the provided data that can be used in a particular case only
such data, which are necessary for the performance of the task.
section 17b
The President of the Energy Regulatory Office
(1) the energy regulatory office headed by a President, who is
and) controls the Energy Regulatory Office,
b) acts on behalf of the Energy Regulatory Office on the outside,
(c)) decides on appeals against a decision of the energy
regulatory authority in the first instance.
(2) the Chairman appointed by the President on the proposal of the Government to the functional
a period of 6 years. No one can be appointed more than twice in a row.
The President is considered a business authority under the law on the civil service.
(3) the President of the Energy Regulatory Office appoints and removes the
a Vice-Chairman the Energy Regulatory Office. If the President appoints more
the Vice-Presidents, shall determine the order of their representation. The Vice-President shall represent the
a President in full at the time of his absence or at the time when
It is not the function of the President, and shall perform other duties in accordance with the decision of the
of the President. The Vice-President can be appointed only one who meets the
prerequisites for the appointment of the President of the Energy Regulatory Office
in accordance with paragraph 4.
(4) the Chairman can be appointed only a citizen of the Czech Republic, which
and) is a fully competent to perform legal acts,
(b)) has a degree of technical, economic or
legal direction,
(c)) has at least 7 years experience in the field of energy, of which at least 3 years in the
control or head of function
d) is blameless; for integrity, for the purposes of this Act, shall not be considered
the one who was convicted for
1. an intentional criminal act, or
2. negligent offence, if his findings related to
exercise of public functions, if his criminal conviction was not
zahlazeno or for any other reason it looks as if it has not been
convicted,
(e)) does not function or activity incompatible with the discharge of the function
of the President.
(5) the Functions of the President is incompatible with the functions of a Deputy, Senator,
the judge, Prosecutor, Member of the Government or any other feature in the public
Administration or membership in a political party or political movement.
The President must also not be a licensee or engage in any
business activity in the energy sector, do not participate in the business
the licence holder or other persons working in the field of energy, to be
a member of any of the institutions of such a person, or to provide, directly or
advice or similar activities to convey the holder of the licence or
another person working in the field of energy. The President may not hold another
paid feature, be in employment or other employment
a relationship or to carry out other gainful activity, with the exception of the Administration
own assets and activities of scientific, educational, literary,
current affairs and the arts, if this activity does not undermine the dignity or
does not affect confidence in the independence and impartiality of the energy regulatory
the Office.
(6) the President shall cease
and the date of expiry of term of Office)
(b)) by surrendering the function,
(c)) the death or declaration of death,
(d)), the date when the President took office, or the performance of the activity, which started
referred to in paragraph 5 is incompatible with the functions of the President,
(e)) the date of application of the judgment of the Court on the limitation of eligibility to
legal capacity or of the judgment of the Court, he was sentenced for one of the
the offences referred to in paragraph 4 (b). (d)), or
f) reference from a function.
(7) the President of the Republic the President revokes only in the case if he does not pursue
function for longer than 6 months, or if it seriously disrupted
independence or impartiality of the Energy Regulatory Office.
(8) the Chairman for a period of 1 year after the termination of the holder must not be
licenses or engage in any business activity in the energy sector, shall not
participate in the business of the licensee or any other person acting in
the area of energy, be a member of any of the institutions of such a person,
directly or indirectly provide advice or similar activity
a licensee or other person acting in the field of energy, or be
in an employment relationship or other relationship with the holder of the licence or
another person working in the field of energy. In the case of violation of the prohibition
According to the previous sentence, is the one who violated the ban, obliged to pay
The energy regulatory authority twice provided severance grants
or if he was not granted a severance package, then six times the monthly
the salary that he belonged at the time of the demise of the function.
(9) the Chairman is entitled to salary, reimbursement of expenses and natural performance as a
the President of the Supreme Audit Office. The President has the following features
entitled to a transitional allowance in the amount of six times the monthly salary that he
He belonged at the time of the demise of the function. Transitional allowance is payable at the date of termination of the.
Entitled to a transitional allowance does not arise if the President was revoked because of
serious disturbance of the impartiality or independence of the energy
regulatory authority or if it was after the expiry of the term of Office once again
appointed by the President.
(10) the Chairman and Vice-Chairman shall be entitled to give State employees
commands for the performance of the civil service under the Civil Service Act.
§ 17 c
Cooperation with the Office for the protection of competition
(1) the Energy Regulatory Office and the Office for the protection of competition
provide each other feedback, information and other forms of cooperation
necessary for the performance of its tasks. When forwarding information to the recipient is
required to ensure the same level of confidentiality as relying.
(2) the Energy Regulatory Office shall inform the Office for the protection of
the competition for the
and the negotiations of market participants,) which may be reasonably considered that interfere with
or restrict competition or to such restriction or distortion
lead,
(b)), the application of restrictive or unfair terms in contracts on
the market for electricity, gas or heating plants, industry
(c)) ways of pricing of electricity, gas and heat energy for
household.
(3) the scope of the Office for the protection of competition is not this Act
without prejudice to the.
§ 17 d
The fee on the activities of the Energy Regulatory Office
(1) the participants in the electricity market and gas market participants, who in
accordance with the price pays for the clearing rules of the market operator,
are required at this price to pay a special fee. This fee is
State budget revenue, the chapters of the Energy Regulatory Office.
(2) the rate of the fee is 2 €/MWh of electricity and 1 CZK/MWh for gas.
(3) the annual amount of the fee shall be determined as a multiple of the rate referred to in paragraph 2
and total consumption of electricity and gas in the Czech Republic for the calendar
year preceding the calendar year in which the proposal is drawn up
Energy Regulatory Office budget chapter for the following
the financial year for which the electricity market participants and market participants
gas paid in accordance with the pricing rules price for clearing
the market operator.
(4) the total consumption of electricity and gas in the Czech Republic according to the
paragraph 3 of the Energy Regulatory Office shall publish by 30. June
calendar year in the form of a communication in the statute book.
(5) the market operator is in the course of the year shall be a charge on the
the revenue account of the State budget before the 10th day of the calendar month in
equal to one twelfth of the annual fee provided for under paragraph 3.
The difference between the income and expenditures of the fee in a given year is the market operator
into account in the formation of prices for clearing.
(6) the administration fee shall be exercised by the Energy Regulatory Office.
section 17e
Disclosure and consultation
(1) the Energy Regulatory Office exposes the
and) the organisational structure of the Energy Regulatory Office, including
the scope of the individual departments,
b) final decisions issued by the energy regulatory office upon
the performance of supervision in the energy sectors, and supervision in the field of the protection of
consumers in the field of business in the electricity and gas industry,
(c)) other final decisions of the Energy Regulatory Office, if
have the law of fundamental importance,
(d)) the opinions of the Energy Regulatory Office of interpretation of provisions of the
legislation in the area of its competence, which takes into account in its
the decision-making activities,
(e) the results of the monitoring activities in) energy sectors,
(f)) code of ethics employees enrolled in the energy regulatory
the Office.
(2) the Energy Regulatory Office shall, in the exercise of its competence shall
consult
and policy design) price regulation and suggestions of price decision
(b)) a proposal from the transmission system operating rules, operating rules
the distribution system, the order of the transmission system operator, the order of
distribution system operator, the order of the stack gas operator
and the terms and conditions of the market operator or suggestions for changes,
(c) a 10-year development plan) transmission system
(d) other proposals) measure or practice the Energy Regulatory Office,
If the obligation of consultation required by this Act, other legislation
or directly applicable provision of the European Union or if Energy
the regulatory authority shall decide.
(3) for the purposes of the consultations referred to in paragraph 2, the Energy Regulatory Office
shall establish and manage a discussion where a manner allowing remote
access exposes the proposals for measures, allows the submission of comments and
will publish the results of the consultation. The Energy Regulatory Office shall
the rules for the conduct of consultations on a discussion site, if they are not
established by this Act, other legislation or a directly applicable
the EU regulation.
section 17f
Relationship to the Chamber of deputies of the Parliament of the United Kingdom
(1) the Energy Regulatory Office shall submit to the Chamber of deputies of the Parliament
The Czech Republic (hereinafter referred to as "Chamber of Deputies"), after discussion in the Government
report on the activities (§ 17 para. 10). On-demand is the energy regulatory
the Office of the Chamber of deputies must provide explanations and additional
information on the content of the report on the activities. Consideration of reports on the activities in the
The Chamber of deputies or the designated authorities shall be obliged to take part in the
the President of the Energy Regulatory Office.
(2) dealt with the Chamber of deputies or a matter falling within the
the scope of the Energy Regulatory Office, shall be entitled to
to request participation at the hearing of the President of the Energy Regulatory Office.
The Energy Regulatory Office is obliged to provide the Chamber of Deputies
or her authority to the present case, the opinion and the necessary information
or explanation.
(3) on the request of the Chamber of deputies or the designated authority is the energy
the regulatory authority shall, within 30 days of the request, with information on
upcoming arrangements in the area of regulation and provide to them
the necessary information and explanations.
(4) the provisions of paragraphs 2 and 3 shall not affect the obligation of confidentiality
According to § 17 para. 13.
§ 17 g
paid
section 18
Supervision in the energy sectors
(1) the Energy Regulatory Office shall exercise supervision over compliance with
and this law in the sectors) electricity, gas and
heating plants and the obligations laid down by the law on the protection of consumers in
the electricity and gas industry,
(b)) of the Act on prices in the range according to the competence of the bodies of the Czech
States in the field of prices,
(c) the Regulation of the conditions) access to the network for cross-border trade in
electricity, the regulation on conditions for access to the natural gas transmission
networks and Regulation concerning measures to safeguard security of supply
natural gas and the directly applicable regulations issued on the basis thereof
or for their implementation,
d) obligations arising from the decision of the Commission or the Agency issued
based on the legislation referred to in subparagraph (c)) or obligations
resulting from the decision issued by the Energy Regulatory Office
According to § 18 para. 3 or § 18a para. 3.
(2) the Energy Regulatory Office performs checks on its own initiative
or at the request of the Ministry. If the Energy Regulatory Office (FVO)
check on a proposal from the Ministry is obliged to acquaint with the results
checks and pass it the Protocol on inspection.
(3) the energy regulatory authority on the basis of the findings of violations of the laws and
the provisions referred to in paragraph 1 or of the infringement of the decision
The energy regulatory office or Commission decision or agency
stores
and) fines,
b) corrective measures, the purpose of which is to delete the offending
the State shall set a reasonable time limit, or other necessary conditions to ensure
their fulfilment; the obligations resulting from the measure to remedy the originators
the infringement shall pass to his successors in title. If
successors more, responsibility for the fulfilment of the obligations arising from the
measures to address jointly and severally.
(4) in the exercise of control of the Energy Regulatory Office is governed by the
State control, unless this Act provides otherwise. Employees
The Energy Regulatory Office oversight in energy
sectors are showing evidence of employee energy regulatory
the Office, which is also proof of their credentials to perform
control ^ 23). The presentation of the ID card of the employee of the energy regulatory
the Office of the person with whom the check should be done, a check is started.
In the exercise of control in energy sectors is the energy regulatory
the Office shall be entitled to
a) to the extent necessary to enter or enter on foreign
land or to enter into buildings used for business activity
a licensee or persons on the basis of the power of attorney or contract
concluded with the licensee of carrying out activities associated with the rights and
obligations of the holder of the licence, to carry out the obligations laid down there
This law,
(b)) to require persons referred to in subparagraph (a)) with the necessary information,
documents, records, data on storage media, data and written or oral
explanation and require clarification from them any facts
relating to the subject matter of the inspection,
(c)) require the submission of records, reports or related data
transmitted through electronic communications networks between persons
referred to in point (a)), and relating to the subject of the inspection,
(d)) to perform a control under other legislation by the persons referred to in
subparagraph (a)); The Energy Regulatory Office may to conduct inspections
invite other persons; přizvaná person has the obligation of secrecy in the
same extent as an employee of the Energy Regulatory Office and for the
her actions is equivalent to the Energy Regulatory Office.
(5) the licensee and the person who, on the basis of the power of attorney or contract
concluded with the licensee carries out activities related to the rights and
obligations of the holder shall be obliged to allow the energy
the regulating authority to exercise his privileges in accordance with paragraph 4. In the case of
spot checks on performance are further required to provide Energy
regulatory authority or his designee the necessary cooperation, especially
on request without delay to allow access to his premises.
§ 18a
The investigation into the functioning of markets for electricity or gas and
deciding on the imposition of measures
(1) the Energy Regulatory Office shall investigate the electricity markets
or gas in order to determine whether there is effective in these markets
competition.
(2) for the purposes of the investigation, the Energy Regulatory Office shall seek the observations
The Office for protection of competition of the Ministry and the Czech national
the Bank, if it is appropriate and effective.
(3) if the result of the investigation, finding that the electricity market, or
gas there is no effective competition, and the decision in the case
It is not the competent authority for the protection of competition, energy
regulatory authority decision in administrative proceedings or measures of General
the nature of the measures, taking into account the circumstances of the best
will lead to the removal of the causes of such a State. Energy Regulatory Office
measures under the first sentence in the form of the measures of a general nature in
If you cannot save the measures by decision of a specific person.
Persons whose rights or legitimate interests may be
measures of a general nature are only license holders and the persons
established for the purpose of organization of stock exchange trades with electricity or
gas or derivatives related to electricity or gas.
(4) if the reasons for which the Energy Regulatory Office measures
order the Energy Regulatory Office shall decide to amend or
cancellation, where appropriate, shall determine the period when the measures imposed shall be extinguished.
section 18b
On-spot investigations at the business premises
(1) if the Energy Regulatory Office of the investigation on the electricity market
or gas, is a participant in the market for electricity or gas shall be obliged to submit
investigation of the Energy Regulatory Office on the business premises.
(2) if appointed an independent transmission system operator, are
the transmission system operator and others who are part of the
the same group, shall be obliged to submit to the investigation of the energy regulatory
Office at the business premises.
(3) in the context of the on-spot investigation at the business premises are employees
The Energy Regulatory Office, or other energy regulatory
the authority of an authorised person, are entitled to
and) enter into premises of persons for which the investigation is in progress,
(b)) to verify whether, in the case of documents and records a business
records,
(c)) access to business records that are in the business premises
are or are accessible, regardless of the form in which
are stored,
(d)) to take or obtain in any form copies of or extracts from
business records,
e) to seal business premises or cupboards, the Clipboard, or business
records are located at the time and to the extent necessary for the implementation of
the investigation,
(f)) to require persons in respect of whom an inquiry is in progress, and the people in the
employment or other similar relationship to them, where appropriate, the persons
have been mandated to carry out for the benefit of activities related to the
the subject of the investigation, to the extent necessary for the implementation of
the investigation, as well as the explanation for business records.
(4) persons for whom on-spot investigations at the business premises is in progress,
are required to provide to the energy regulatory office in the implementation of the
the investigation the necessary assistance for the performance of his entitlement under paragraph 3 and
the exercise of these privileges.
(5) for the purpose of on-spot investigations at the business premises are employees
The energy regulatory office the authority to ordain to the premises
access, open closed cabinets or the Clipboard, or other
way to access business records. Each, in which the object
such commercial premises are located, is obliged to submit to an investigation in
these areas; If you fail to comply with this obligation, are employees of the
The Energy Regulatory Office shall be entitled to regularize access to them.
(6) prior to the initiation of the investigation on the spot at the business premises in writing
the Energy Regulatory Office shall inform the person in the business premises
the investigation is to take place on the spot, the legal basis and the purpose of the investigation and instruct her
about its rights and duties under this Act, including the ability to
Save fine.
§ 19
cancelled
§ 19a
Price regulation
(1) in the regulation of prices of electricity transmission, gas transport, distribution
electricity and gas distribution follows the Energy Regulatory Office,
to set the price covered the efficiently incurred costs to ensure the
reliable, safe and efficient performance of the licensed activities,
Furthermore, depreciation and reasonable profit to ensure return on realized
investment in equipment used for the performance of the licensed activities. It
does not apply in the case of international transport of gas prices, if the energy
the regulatory authority shall decide on a different procedure for the formation of these prices is based
on the way to market. Energy Regulatory Office takes into account by
an approved plan for the development of the transmission system, transmission development plan
system and the foreseeable future demand and operational requirements
the security of the transmission system, transmission system and distribution
systems and the measures taken in order to ensure security of supply
gas under the directly applicable European Union legislation ^ 21).
(2) the Energy Regulatory Office shall proceed mutatis mutandis pursuant to paragraph 1 sentence
first substantive streamlining prices of thermal energy.
(3) the supplier of last resort regulates energy regulatory
by factually purposeful prices. In the event that the supplier
the last instance of the requests, the Energy Regulatory Office shall decide on the prices
supplier of last resort as the maximum price.
(4) in the regulation of prices for the market operator's activities and other prices
the Energy Regulatory Office shall proceed to set prices were
at least cost.
(5) at the request of the supplier of thermal energy or the holder of a licence to the
distribution of electricity or gas distribution, the distribution system
It is not directly connected to the transmission system or a transmission system,
the Energy Regulatory Office may decide on a different determination
conditions for the negotiation of prices of thermal energy or determination of the permitted
revenues and variable costs distribution system operator.
Energy Regulatory Office applications to satisfy, wholly or in part, where the
If the applicant has established a method of controlling prices in the long term it does not allow
at least cover the eligible costs referred to in paragraph 1. After the final
the decision establishing the request wholly or in part, the Energy
regulatory authority shall adjust the established way to regulate or its individual
conditions or adjust the price of the distribution of electricity or gas.
section 20
Regulatory statements
(1) the holder of a licence for the transmission of electricity, gas transport, storage
gas or the distribution of electricity or gas, to whose distribution
the system is connected to more than 90 000 customers and offtake points
the holder of the license on the market operator's activities shall be required to include in the chart
Schedule accounts for posting about the costs and revenues, profit or loss,
assets and liabilities separately for each of the licensed activities.
(2) the holder of a licence to transport gas, gas storage and distribution
gas, whose distribution system is connected to more than 90 000
locations of customers, is obliged to in the annex to the financial statements include
all contractual relations, with the exception of contracts concluded by
This Act, the definition of their subject, carried out with the person
the holder of the licence form the holding or part of the same holding company
or another group, and whose value exceeds the
the value of the excess contract ^ 9a).
(3) the holder of the license for the distribution of electricity or gas, to whose
the system is connected less than 90 000 customers and offtake points
the holder of a licence for the manufacture or distribution of thermal energy accounts for the
costs and benefits and financial results separately for each separately from
licensed activities in accordance with the specific legislation ^ 9b).
(4) if the auditor when verifying accounts of ^ 9b) of the holder of the licence
referred to in paragraph 1, finds the cross-subsidies between
licensed activities carried out by the same licensee, or between
licensed activities and other business activities undertaken by the
the same licensee, which lead to discrimination, stating that
fact in the audit report.
(5) the owner or lessor of the energy of the device with the
a licensee who uses to exercise the licensed activity this
power plant, forming a holding company or is a member of the same holding company or
another of the group, is obliged to State in the chart of accounts
accounts for posting about the costs and benefits of owning or leasing
This energy-related equipment. Such owner or landlord
power equipment is obliged to provide Energy to the regulatory
the Office and the State Energy inspection on demand full and truthful
the information and documents required for the performance of their statutory
permissions, allowing them to look into accounting and other documents, take from
them a copy or copies thereof, and to give them an explanation.
(6) the holder of a licence referred to in paragraph 1 shall be required to draw up
regulatory statements and present them to the Energy Regulatory Office.
The holder of a licence for the production of thermal energy or distribution of thermal energy,
the total annual sales volume of these licensed activities
exceeds 2 500 0000 CZK has to prepare regulatory reports and
present them to the Energy Regulatory Office.
(7) the holder of a licence referred to in paragraph 1 shall annually
submit to 30. June the energy regulatory authority certified
financial statements and Auditor's report for the previous financial year.
The holder of the license for the distribution of electricity or gas, to whose system is
connected less than 90 000 places of final customers, production
or distribution of heat energy is required to submit the Energy
the regulatory body, a certified financial statements and the auditor's report for the
previous accounting period on request only.
section 20a
The market operator
(1) the market operator is a joint stock company established by the State, whose shares
are added to the name.
(2) the State of the market operator's own shares, the total nominal
the value is at least 67% of the capital of the market operator.
(3) the Operator must have a market to its activity licence pursuant to § 4 paragraph 2. 3
(a). c). The market operator or a legal person in which the market operator has
interest, may hold other licences referred to in section 4. The shares of the
the market operator must not be owned by a licensee referred to in paragraph 4 of the
paragraph. 1 (b). a) and b) and para. 2. A statutory body or a member,
a member of the Supervisory Board of the Chief Clerk or Manager, an employee of the operator
the market cannot be the natural person who is also the statutory body
or its Member, the Chief Clerk or by an employee of the licence holder
referred to in section 4, paragraph 4. 1 (b). a) and b) and para. 2. the prices for the activities
the market operator referred to in paragraph 4 are regulated by the energy regulatory
by the authority.
(4) the market operator is obliged to
and) to organize short-term gas market and short-term electricity market and
in cooperation with the transmission system operator market with
regulating energy,
(b) the derogations for) evaluate the whole territory of the Czech Republic and the
evaluation of individual subjects of settlement pass and operators
the transmission or the transmission system,
(c)) on the basis of evaluation of imbalances provide clearing and settlement
imbalances of the subjects of settlement, which are obliged to pay them,
(d)) to inform the transmission system operator, transmission
system and the operator, or the operator of a distribution gas reservoirs
the system of non-compliance with payment obligations of market participants and entities
clearing to the market operator,
e) process and publish monthly and annual report on the electricity market
and the monthly and annual report on the gas market in the Czech Republic,
(f)) to handle and transmit to the Ministry, the energy regulatory
the authority, by transmission system operators and transmission
the system at least once a year a report on the future of the expected consumption
electricity and gas, and about how to secure a balance between supply and
demand for electricity and gas,
g) to ensure the protection of the facts having the nature of a trade secret, and
other facts that are not publicly available and for which the learned
in the performance of its activities,
(h)) to handle the documents for draft electricity market rules and rules
the gas market and to transmit them to the Ministry and energy regulatory
the Office,
I) ensure and provide market participants with electricity or gas
the actual values of the supply and consumption of electricity or gas, and other necessary
information related to the billing of supply and consumption of electricity or the
gas and with the right customer, at the change of the supplier,
j) process and after approval by the Energy Regulatory Office
publish the terms and conditions of the market operator for electricity and
for the gas industry in a way allowing remote access,
to) ensure, in cooperation with the operators of distribution networks
processing type diagrams of supply, on the basis of data from the
distribution system operators,
l) based on the data transmitted by the transmission system operator or
the transmission system operator to provide the clearing and settlement
regulatory power and countervailing gas including clearing in States
emergency,
m) charge separately for the activities carried out in the electricity sector, and in
gas,
n) enter into an agreement on the settlement of imbalances and allow trade with
electricity or gas to the markets organised by him to anyone about it
requests and meets the terms and conditions of the market operator for electricity
or terms and conditions of the market operator for the gas industry,
about) in cases under section 12a to notify the supplier of last resort
the sampling sites customers, including their registration numbers,
p) to monitor the amount of gas in each storage vessels
gas and their capacity
q) process on the basis of annual and ten-year implied
the balance sheet and on the basis of daily, monthly and annual actual balances of
transport, distribution, production, supply, trade and storage
gas from the transmission system operators, distribution
systems, operators of gas cartridges, gas producers and traders with
gas, gas suppliers and custom analyses the overall balance of natural gas
system and their evaluation and to transmit them to the Ministry and
The Energy Regulatory Office; at the same time the summary balance of natural gas
the system of post,
r) handle the statistics of gas imports from abroad and for export to the
abroad, including the sources of the gas, and the statistics of customers who
changed gas supplier,
with handle and forward to the Ministry) and the energy regulatory
the Office at least once a month report, assessing the supply and consumption
the gas system, including the evaluation of gas imports to the Czech Republic
and gas exports from the United States,
t) once or twice a year to process the resulting data hourly
the supply and consumption of gas from gas entrepreneurs to build
control of hourly readings of the gas system,
u) process monthly balance on the implementation of the safety standard
the supply of gas and to transmit them to the Ministry and energy regulatory
the Office,
in the process) and to keep records of electricity generating stations, which the operator
the transmission system operator or a transmission system operator or
distribution system operator provided the term and conditions of connection,
and to provide information to the Ministry and the Office,
w) for producers of electricity green electricity from renewable energy bonus
sources, secondary sources, and the combined production of electricity and high-performance
heat,
x) for compulsory vykupujícímu the difference between the redemption price and the hourly
price and the price for its operations,
y) for manufacturers of heat green bonus to heat,
from the producers of biomethane) for the green bonus on biometan,
AA) for producers of electricity connected to the distribution system bonus
in support of decentralized electricity production,
BB) issue guarantees of origin of electricity from renewable sources.
(5) the market operator has the right to
and) on the data necessary for the performance of their duties from the subjects of settlement
and registered participants in the electricity market, or the gas market,
(b)) to the measured and evaluated data from the transmission system operator
and the transmission system operator and distribution operators
systems and gas reservoirs and other information necessary for the performance of their
obligations,
(c) subject to registration) to cancel the clearing house which does not comply with the payment
obligations to the market operator,
(d)) to require gas entrepreneurs and traders of gas data
balance processing,
e) require from business owners and traders of natural gas with a gas one
up to twice a year for processing control information hourly meter reading
the supply and consumption of the gas system,
(f)) to require customers with an annual consumption of gas more than 400 thousand. M3
and from traders with information about changes to gas gas supplier,
g) require from the gas business owners and traders of gas data
capacity and performance of the individual parts of the gas system of the Czech
of the Republic.
(6) the market operator has the right to perform the other after approval by the Ministry of
activities whose prices are not subject to regulation.
TITLE II
A SPECIAL SECTION
Part 1
The electricity sector
section 21
cancelled
section 22
The participants in the electricity market
(1) electricity market participants are
and) electricity producers,
(b)) the transmission system operator,
(c)), distribution system operators,
(d)), the market operator,
(e) electricity traders)
f) customers.
(2) the participants in the electricity market with regulated access to the law
the transmission system and distribution system
and) are responsible for the deviation and the subjects are the settlement of imbalances,
or
(b)) may be carried on the basis of the Treaty, responsibility for deviation to another
body of the settlement of imbalances.
Article 23 of the
Electricity producers
(1) a producer of electricity has the right
and to your device) to connect to the electricity grid if it meets
conditions of connection to the transmission system or distribution networks and
terms and conditions laid down by the rules of operation of the Czech transmission system
or the rules of operation of the distribution system,
(b)) to deliver electricity produced in the manufacturing and electricity operated
other participants in the electricity market, or to other States
through the transmission system or distribution system,
c) supply electricity generated in its own production of electricity for own
the need for and the disposal of the controlled companies, if his conditions
the operation of the transmission system and distribution systems allow
(d)) offer and provide support services to ensure the operation
the power system under the conditions laid down in the rules of operation of the
the transmission system or the rules of operation of the distribution system,
e) restrict, suspend or terminate the supply of electricity to its customers when
unauthorized collection of electricity or when proof of repeated non-payment
prices on the costs associated with the support of electricity under the provisions of the law on
supported by energy sources, which is not paid, even after a warning.
(2) a producer of electricity is required to
and at its own expense ensure) to connect your device to the transmission
system or to a distribution system,
(b)) to enable the installation of the measuring equipment and pay for the operator
the transmission system operator or distribution system operator, which is an
production of electricity is connected,
(c)) expose the measuring device or by transmission system operators
the distribution system operator, which is the production of electricity
connected,
d) install the newly built generating stations with a total installed
the electrical output of 30 MW or more and operate facilities for the provision of
support services,
e) follow the instructions of the technical control room of the transmission
system operator or distribution system operator with which the manufactory
electricity is connected,
(f)) to pass the market operator technical data arising from contracts of
the supply of electricity through an entity clearing, which has taken over
liability for its deviation, or directly, if the body of the settlement,
and any other necessary information for the fulfilment of the obligations of the market operator,
g) to provide the transmission system operators or the operators of the
distribution system to which it is attached, the necessary electricity production
information for the operation and development of the transmission system or distribution system,
the market operator and the data needed for the performance of its duties,
(h)) to pass the system operator, which is the production of electricity
connected, the information necessary for supervisory control,
I) fulfil quality parameters supplied electricity laid down the rules
the operation of the transmission system or the rules of operation of the distribution
system,
(j)) to participate in the reimbursement of the eligible costs of the transmission
system operator or distribution system operator associated with the connection
electricity production,
to) pay by transmission system operators or the operators of the
the distribution system according to the rules of the electricity market system services
the volume of electricity produced in own production and
consumed by the customer without the use of power equipment of another
the holder of the licence,
l) to inform participants in the electricity market in a way allowing remote
access
1. on the proportion of electricity sources, used for the production of electricity in the past
year,
2. the amount of CO2 emissions and the amount of radioactive waste
produced in the production of electricity in the past year,
m) in order to ensure the safety and reliability of the operation of the electricity
system, preventing the emergency State and in States of emergency and on the conditions
laid down the rules of operation of the transmission system or the rules
the operation of the distribution system, on the instructions of the transmission
system operator or distribution system operator, to offer operational and
commercial spare production capacity,
n) to register within 30 days after the grant of a licence to produce the electricity for the
the market operator; by registering with electricity producers becoming
a registered participant in the electricity market (hereinafter referred to as "registered
market participant "),
o) comply with the provisions of § 30 paragraph 2. 2 in cases where electricity supplies
customers,
p) provide the transmission system operators or the operators of the
distribution system the information necessary to ensure the safe and
reliable operation and development of the power system,
q) to equip the factory electricity with 100 kW installed power, and more
a device allowing supervisory control of electricity production and maintain
This device in working order; This obligation shall not apply to
the production plants of electricity renewable electricity for the first time
put into service by the year 2000 about the power of up to 10 MW, including and
the flow-through small water power stations with an installed power of up to 10 MW
including,
r) prepare emergency plan within 6 months from the grant of the licence and further
specify each year; When you create and refine the work with
the transmission system operator or with the provider of the distribution
the system, which is the production of electricity is connected; This obligation shall
does not apply to electricity producers, whose production of electricity has installed
the performance of less than 10 MW.
(3) the manufacturer is not responsible for the deviation arising in connection with
control the management of electricity production according to § 26 para. 5.
section 24
The transmission system operator
(1) the transmission system operator
and) provides a secure, reliable and efficient operation, reconstruction and development
the transmission system operator and transmission system link with other systems,
and to this end provides support services and long-term ability
the transmission system to meet reasonable demands for the transmission
electricity, cooperates with the operator of the interconnected transmission systems
and works on the integration of the internal European electricity market,
(b)) provides transmission of electricity on the basis of contracts concluded,
c) controls the flow of electricity in the transmission system while respecting the traffic
electricity between interconnected systems of other States, and in cooperation with the
distribution system operators in the electricity grid,
d) is responsible for ensuring system services for power system
at the level of the transmission system,
e) participates in the balancing mechanism and shall be conducted in accordance with the payment
the balancing mechanism between transmission system operators in
accordance with the regulation on conditions for access to the network for cross-border
electricity trade and while maintaining the safety and reliability
the transmission system provides cross-border transmission of electricity to the participants
electricity market,
(f)) in the case of an existing or impending lack of transmission capacity
the system informs the electricity market participants on the basis of
their request for the reasons for which it has not carried out the transmission of electricity.
(2) the transmission system operator shall not hold other licenses
granted under this Act, other than a licence for the transmission of electricity.
(3) the transmission system operator has the right to
a) set up and operate their own telecommunications network for the control, measurement,
assurance and automate the operation of the transmission system, and to transfer
information for the operation of the computer technology and information systems,
(b)) to cater to the lowest cost of support services and electricity to cover
losses in the transmission system and electricity for their own use; for the management of
the balance between production and consumption, and for the management of power flows according to the
paragraph 1 (b). (c)) to cater to the regulating energy,
(c) restrict or interrupt) to the extent necessary electricity supply
participants in the electricity market
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. prevention, State of emergency or in States of emergency,
3. the unauthorized transmission of electricity under section 53,
4. If the customer does not allow access to the measuring device,
5. in the case of unauthorized subscription pursuant to § 51,
6. when carrying out the planned work on the transmission system or device
in the protection zone, in particular, repairs, renovations, maintenance and revisions,
7. the creation and removal of faults on transmission system devices
or distribution system,
8. for the collection of electricity devices that threaten the life, health, or
the assets of the persons
9. for the collection of electricity devices that affect the quality of electricity in
the disadvantage of the other participants in the electricity market and the customer he
This sampling equipment available technical means to limit
These effects,
10. as a result of a restriction or interruption of the electricity transmission operator
the interconnected transmission systems, or
11. non-payment of the price when a proven repeated to cover the costs
related to support of electricity under the supported sources
the energy that is not paid after the warning,
(d)), to modify or discontinue the supply of electricity to the extent necessary from the
generating stations, cross-border exchange of electricity and the import of electricity from abroad
or the export of electricity to ensure reliable operation of the
the transmission system
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. prevention, State of emergency or in States of emergency,
3. the unauthorized transmission of electricity under section 53,
4. when the electricity supply to the unauthorized transmission system under section 52,
5. If the manufacturer does not allow access to the measuring device,
6. when carrying out the planned work on the transmission system or device
in the protection zone, in particular, repairs, renovations, maintenance and revisions,
7. the creation and removal of faults on transmission system devices
or distribution system,
8. when the supply of electricity devices that threaten the life, health, or
the assets of the persons
9. when the electricity supply devices that affect the quality of electricity
the disadvantage of the other participants in the electricity market and the manufacturer he
These devices available technical means to limit these effects,
10. as a result of a restriction or interruption of the electricity transmission operator
the interconnected transmission systems
11. in the implementation of dispatching control pursuant to section 26 paragraph 1. 5, or
12. when repeated non-payment of the price of the proof of payment of costs
related to support of electricity under the supported sources
the energy that is not paid after the warning,
(e)) in accordance with the specific legislation ^ 4 d) to establish and operate a
on foreign real estate, traverse a transmission system facilities such
real estate wire and place them in leadership,
(f) to enter, and enter on) foreign real estate in connection with the setting-up,
restoration and operation of the transmission system,
g) remove and oklešťovat trees and other vegetation, to carry out liquidation
deleted and okleštěného trees and other stands against the
safe and reliable operation of the transmission system in the device
cases where the previous warnings, and determining the extent
has not made himself owner or user,
(h)) to enter in accordance with special legislation to closed
space and equipment to carry out the activities and services of the institutions
The Ministry of Defense, Ministry of Interior, Ministry of Justice,
Security information service and the circumference of the track, as well as to enter the
real estate, where are located the special equipment of telecommunications, in
the extent and manner necessary for the performance of the licensed activities,
I) applied to the electricity market electricity from a compulsory vykoupenou
renewable resources ^ 4a).
(4) the transmission system operator shall be obliged to establish an easement
to allow the use of foreign real estate or part thereof for the purposes referred to in
paragraph 3 (b). (e)), and it contracted with the owner of the property; in the case of
that the owner is not known or specified, or because it is proven
unreachable or idle, or to reach agreement with him and are given the
conditions for restriction of ownership rights to the land or to build according to the
special legal regulation ^ 4e), issued by the competent authority on the expropriation
design of the transmission system operator on the establishment of a substantive decision
enabling the usage of this burden real estate property or part thereof.
(5) in the cases referred to in paragraph 3 (b). (c)), section 6, and (d))
point 6 is the transmission system operator shall be obliged to notify the start and
end of restriction or interruption of electricity supply way in place
as usual, but at least 50 days in advance.
(6) in the cases referred to in paragraph 3 (b). (c)), and (d)) is the operator of
the transmission system operator shall be obliged to restore the electricity supply immediately after
eliminate the causes that led to its limitations or interruptions.
(7) in the cases referred to in paragraph 3 (b). (c)), and (d)) is not the right to
damages and loss of earnings. This does not apply if the operator fails to comply with
the transmission system the notification obligation imposed in accordance with paragraph 5, or
If it is not referred to in paragraph 3 (b). (c)) and item 7 (d)) item 7 compliance
the quality of the electricity supply or when dispatching control stations
electricity from renewable energy sources in accordance with § 26 para. 5 conducted by
outside of emergencies or prevention of the emergency State.
(8) transmission system operator shall, in the exercise of permissions
in accordance with paragraph 3 (b). e) to (g)), as much as possible to save the rights owners
the concerned real estate and entry into their real estate to notify them. After
the end of the work is obliged to state the property to its previous state, and
If this is not possible due to the nature of work performed, to the State
the corresponding previous purpose or use of the property and
immediately notify the owner of the property. After
perform deletions or curtailing the trees is obliged at their own expense
disposal resulting from slash and debris after extraction.
(9) to the owner or lessee of the property as a result of the exercise of
rights of the transmission system operator referred to in paragraph 3 (b). e) and (f))
property damage or if it is restricted in the use of the property, has the right to
reasonable one-time refund. ^ 5), the right to such compensation must be
applied to the transmission system operator, which caused the material
loss or restriction of the use of the property, within 6 months from the date of
the owner or the tenant.
(10) the transmission system operator is also required to
and) to anyone who requests a connection to the transmission system, provide
conditions and the term connections and provide transfer to anyone about it
asks, is attached and meets the conditions of connection and business conditions
laid down the rules of operation of the transmission system, except in the case
demonstrable lack of capacity or transmission equipment
threats to the safe and reliable operation of the transmission system,
(b)) to ensure all participants in the electricity market neznevýhodňující
the conditions for connecting their devices to the transmission system,
(c)) to ensure all participants in the electricity market neznevýhodňující
the conditions for the transmission of electricity transmission grid,
(d) establishment of a technical control room) to provide for the performance of the activities referred to in
paragraph 1 (b). (c)), and (d)) and to ensure its proper operation,
e) ensure measurement in the transmission system, including their evaluation and
forward electricity market operator the measured and evaluated the data and
further information necessary for the performance of its duties,
f) process and after approval by the Energy Regulatory Office
to publish the rules of operation of the transmission system, and to carry out
the licensed work in accordance with these rules,
g) to give operators of other transmission system operators and
distribution system operators, to which its system
linked to the information necessary to ensure mutual cooperation in
operation and development of networks,
(h)) to inform the Ministry and the Energy Regulatory Office on the restriction
the import or export of electricity,
I) process in cooperation with the operators of distribution networks
the annual preparation of the operation of the transmission system, in particular the scope and
the terms for the transfer of equipment downtime and implied the relay restrictions, and
publish it,
j) annually to handle the development plan of the transmission system, including
the investment in the range according to § 58 k of paragraph 1. 3 and after its approval to
publish; the provisions of paragraph d of paragraph 1. 5 shall apply mutatis mutandis,
to continuously publish information about) the possibilities of electricity transmission
the transmission grid in the manner prescribed in the rules of operation of the
the transmission system,
l) to carry out in cooperation with the operators of distribution networks
evaluation of the operation of the transmission system from a technical point of view,
m) charge separately for the transmission and for system services
n) process data necessary for the decision of the energy regulatory
the authority to transfer prices and prices for system services
to ensure the protection of the facts having) the nature of the trade secret
and other commercially sensitive information obtained in the performance of their
activities, including ensuring the protection of data transmitted to the market operator,
p) prepare emergency plans within 6 months from the grant of the licence and
specify each year; When they create and refine the work with
distribution system operator, the device is connected to
the transmission system,
r) to comply with the parameters and publish indicators quality of supplies
electricity and services
with) to inform the Ministry no later than the end of the second week of the month
following the end of the quarter that the flow of imports
electricity from States which are not members of the European Union,
t) process and forward to the Ministry and energy regulatory
the Office once a year, by 1. March report on the quality and the level of
maintenance of the transmission system and the measures to cover peak
electricity consumption and electricity generating stations, failure solution
u) to provide synergies with the electricity market operator in organizing
Intraday electricity market and the balancing market with regulating
energy,
in) to register within 30 days after the grant of licences for the transmission of electricity in
the electricity market operator; by registering with the operator of a transmission
system becomes a registered participant in the market,
w) to provide to all participants in the electricity market information relating to the
the operation of the Czech transmission system necessary for the proper functioning of the market
electricity; This obligation is without prejudice to the obligation of the operator
confidentiality of the transmission system by the letter o).
§ 24a
Ownership separation of the transmission system operator
(1) the transmission system operator must be your companion
structure independent of the production of electricity or the production of gas or
trade in electricity or gas.
(2) in order to ensure the independence of the transmission system operator must
be subject to the following conditions of independence:
and the transmission system operator) is the owner of the transmission system,
(b)) over a transmission system operator or over its undertaking
does not directly or indirectly control a person or group of persons
acting in concert, or that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with a gas or
in relation to them are applying the other right,
2. generates electricity or gas or electricity or deal with
gas,
(c)) in relation to the transmission system operators shall not exercise any
another right person or group of persons acting in concert, or
that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with gas,
2. generates electricity or gas or electricity or deal with
gas,
(d) the transmission system operator)
1. alone or acting in concert with other persons does not directly or
indirectly control by the manufacturer or by the manufacturer of the gas or electricity over
trader or dealer with a gas or in relation to them
other law does not apply,
2. does not produce electricity or gas or electricity or not dealt with
gas,
e) members of the statutory body, the members of the Supervisory Board, the Chief Clerk or members
another body of the transmission system operator specified in the statutes is not
entitled to appoint, elect or otherwise, appoint a person or group of persons
acting in concert, or that
1. exercise control over the electricity producer, producer gas,
trader or dealer with a gas or in relation to them
apply the other right,
2. generates electricity or gas or electricity or deal with
gas,
(f)), a statutory body or a member, a member of the Supervisory Board,
the Chief Clerk or a member of another body of the transmission system operator
specified by the statutes shall not be a person who is a member of the Supervisory Board,
a statutory body or a member of the statutory body, authorized signatory or
a member of another company body designated statutes of electricity producers,
gas producers, merchant or merchant's electricity with gas.
(3) if the person or one of the persons referred to in paragraph 2 (a). b), c), or
e) Czech Republic, territorial self-governing unit or other person, public
rights, not the same person two different State authorities, authorities of the
territorial self or other persons of public law, of which the
one performs a check or other right above the transmission
system and the second carries control or other right over by the manufacturer
electricity or gas by the manufacturer or the trader or
a trader with gas. The State authority, the authority of the local government unit
or other person in public law, which exercises control or other
right of producer of electricity, gas producer, trader
or gas trader, must be independent of the public authority, the authority
territorial self or another person of public law, that
performs a check or other right above the transmission
the system.
(4) the conditions of independence referred to in paragraph 2 shall be deemed to be fulfilled and the
If the transmission system operator shall participate in establishing the
the legal entity for the operation of transmission systems in one or
more States or such a person gets to participate, and to undertake such a person
the transmission system to operate the service, along with other transmission
systems. This does not apply if the business of the legal entity
based in order to operate the transmission system under the preceding sentence
participate in other persons who were not by the competent authorities of the Member States
intended as a just separation of the transmission system operators or
the independent transmission system operators.
(5) a producer of electricity or electricity trader, manufacturer of gas,
a trader with gas must not act alone or in concert with other persons
to acquire or to exercise direct or indirect control over a provider
the transmission system, or in relation to it to exercise the voting right
associated with the ownership of a share in the transmission system operators,
set up or dismiss members of the Supervisory Board, the statutory body or
its members, or owning a majority stake.
(6) other right referred to in paragraphs 2 and 3 shall mean, in particular,
and the) right to exercise the voting rights in the company,
(b)) the ownership of the securities, the aggregate nominal
value exceeds 50% of the share capital of the company,
(c)) the right to appoint, elect or otherwise appoint and dismiss the members of the supervisory
the Council, the members of the Board, members of another body of the company
specified in the statutes or Chief Clerk.
§ 25
The distribution system operator
(1) the distribution system operator
and ensures the reliable operation,) reconstruction and development distribution
system on the territory of licenses
(b)) allows for distribution of electricity on the basis of contracts concluded,
c) controls the flow of electricity in distribution system while respecting the traffic
among other electricity distribution systems and transmission
system in cooperation with other operators of distribution networks
and the transmission system operator.
(2) the distribution system operator, to which the system is connected
more than 90 000 places customers, may not be the simultaneous holder of
the license for the production of electricity, electricity, electricity trade, or
gas trade.
(3) the distribution system operator has the right to
a) set up and operate their own telecommunications network for the control, measurement,
assurance and automation of distribution system operation and to transfer
information for the operation of the computer technology and information systems,
(b)) to purchase the lowest cost support services and electricity to cover
electricity losses in the distribution system, and for their own use,
(c) restrict or interrupt) to the extent necessary electricity supply
participants in the electricity market
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. in States of emergency or to prevent an emergency,
3. when the unauthorized distribution of electricity under section 53,
4. an unauthorized collection of electricity under section 51,
5. in the implementation of the planned work on the device distribution system
or in the protection zone, in particular, repairs, renovations, maintenance and
the revision,
6. at the time of developing and troubleshooting on the distribution system devices
or the transmission system,
7. electricity devices that threaten the life, health, or
the assets of the persons
8. for the collection of electricity devices that affect the quality of electricity in
the disadvantage of the other participants in the electricity market and the customer he
This sampling equipment available technical means to limit
These effects,
9. when the electricity off, when a customer repeatedly without good reason
did not allow access to the measuring device or neměřeným parts of the sampling
electrical equipment, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
in the manner invited or
10. when a proven non-payment of the price to cover the recurring costs
related to support of electricity under the supported sources
the energy that is not paid after the warning,
(d)), to modify or discontinue the extent necessary electricity from generating stations
and imports of electricity from abroad or export of electricity abroad with
regard to the reliable operation of the distribution system
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. in States of emergency or to prevent an emergency,
3. when the unauthorized distribution of electricity under section 53,
4. If the manufacturer does not allow access to the measuring device,
5. when the unauthorized delivery to a distribution system under section 52,
6. when carrying out the planned work on the device distribution system
or in the protection zone, in particular, repairs, renovations, maintenance and
the revision,
7. the creation and removal of faults on distribution system devices
or the transmission system,
8. when the supply of electricity devices that threaten the life, health, or
the assets of the persons
9. when the electricity supply devices that affect the quality of electricity
the disadvantage of the other participants in the electricity market and the manufacturer he
These devices available technical means to limit these effects,
10. in the implementation of dispatching control pursuant to section 26 paragraph 1. 5,
11. If the manufacturer did not allow the electricity repeatedly without good reason access
to the measuring device, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
in the manner invited or
12. when repeated non-payment of the price of the proof of payment of costs
related to support of electricity under the supported sources
the energy that is not paid after the warning,
(e)) in accordance with the specific legislation ^ 4 d) to establish and operate a
on foreign real estate, traverse a distribution system devices such
real estate wire and place them in leadership,
(f) to enter, and enter on) foreign real estate in connection with the setting-up,
reconstruction and operation of a distribution system,
g) remove and oklešťovat trees and other vegetation, to carry out liquidation
deleted and okleštěného trees and other stands against the
safe and reliable operation of the equipment in the distribution system,
cases where the previous warnings, and determining the extent
has not made himself owner or user,
(h)) to enter or enter in accordance with the specific legislation in
the enclosed space and equipment to carry out the activities and services
the authorities of the Ministry of Defense, Ministry of Interior, the Ministry of
Justice, Security and information services to the circuit of the track, as well as
I enter or enter on the property, where are located the Special
telecommunications equipment, to the extent and in the manner required for the performance of
licensed activities.
(4) the distribution system operator shall be obliged to establish an easement
to allow the use of foreign real estate or part thereof for the purposes referred to in
paragraph 3 (b). (e)), and it contracted with the owner of the property; in the case of
that the owner is not known or specified, or because it is proven
unreachable or idle, or to reach agreement with him and are given the
conditions for restriction of ownership rights to the land or to build according to the
special legal regulation ^ 4e), issued by the competent authority on the expropriation
a draft of the decision on the distribution system operator
easement permitting use of the property or its
part.
(5) in the cases referred to in paragraph 3 (b). (c) point 5 (a)). (d))
6 is the distribution system operator shall be obliged to notify the start and
end of restriction or interruption of electricity supply way in place
as usual, but at least 15 days in advance. The obligation does not arise when the
the implementation of the required operational handling, which limitations or
disruption of electricity does not exceed 20 minutes.
(6) in the cases referred to in paragraph 3 (b). (c)), and (d)) is the operator of
distribution system operators shall be obliged to restore the electricity supply immediately after
eliminate the causes that led to its limitations or interruptions; in
the cases referred to in paragraph 3 (b). (c) point 4 (a)). d) point 5 is
shall be obliged to restore the delivery after payment of damages.
(7) in the cases referred to in paragraph 3 (b). (c)), and (d)) is not the right to
damages and loss of earnings. This does not apply if the operator fails to comply with
distribution system the notification obligation imposed pursuant to paragraph 5
or if it is not referred to in paragraph 3 (b). (c) or (d) of point 6). d) point 7
compliance with the quality of the electricity supply or when dispatching control stations
electricity from renewable energy sources in accordance with § 26 para. 5 conducted by
outside of emergencies or prevention of the emergency State.
(8) the distribution system operator shall, in the exercise of permissions
in accordance with paragraph 4 (b). e) to (g)), as much as possible to save the rights owners
real estate and access to the concerned their property to them immediately
announce. After the end of the work is obliged to state the property to the previous
status, and if this is not possible due to the nature of work performed, the
the status of the corresponding previous purpose or use of the property
and immediately notify the owner of the property. After
perform deletions or curtailing the trees is obliged at their own expense
disposal resulting from slash and debris after extraction.
(9) to the owner or lessee of the property as a result of the exercise of
rights of the distribution system operator referred to in paragraph 4 (b). e) and (f))
property damage or if it is limited in the normal use of the property, has
the right to a reasonable one-time refund. ^ 5) right to that refund is
be made with the distribution system operator, which caused
pecuniary loss or restriction of the use of the property, within 6 months from the date of
When the owner or tenant about it.
(10) the distribution system operator is also required to
and) to anyone who requests a connection to the distribution system, to establish
the conditions and term of the connection, and allow for the distribution of electricity to anyone who
on request, is attached and meets the conditions of connection and business
conditions laid down in the rules of operation of the distribution system, with
unless a demonstrable lack of capacity
distribution or when the threat to the reliable and secure operation of the
distribution system operator or a transmission system,
(b) at the request of the trader) with electricity or electricity producers
abort in case of unlawful collection or when proof of repeated
non-payment of prices on the costs associated with the support of electricity in accordance with
the law on the supported sources of energy that is not paid after
warning, the supply of electricity to customers,
(c)) to ensure the conditions for neznevýhodňující connect the device to the
the distribution system, with customers taking electricity from the network
low-voltage, who are not equipped with the průběhovým measurement, assign
corresponding to the type of supply diagram
(d)) to ensure all participants in the electricity market neznevýhodňující
the conditions for the distribution of electricity distribution system,
(e) establishment of a technical control room) to provide for the performance of the activities referred to in
paragraph 1 (b). c) in the event that the device operates with a voltage of 110 kV and
responsible for its functioning,
(f)) to provide measurements in the distribution system, including their evaluation
and pass the market operator the measured and evaluated the data and other
the information necessary for the performance of its duties,
g) process and after approval by the Energy Regulatory Office
publish in a way allowing remote access rules of operation
the distribution system and to carry out the licensed activities in accordance with
These rules,
(h)) to provide the transmission system operators and the operators of other
distribution systems, with which its system is interconnected, information
necessary to ensure the safe and reliable operation and mutual
cooperation,
I) process in accordance with the regulation of procedure in cooperation with
other operators of distribution networks and the operator
the annual preparation of the operation of the transmission system, distribution system, and it
in particular, the scope and timing of the downtime for the distribution and
the projected limit distribution, and to publish it,
j) annually, and publish the estimated development process
the distribution system, and at least 5 years,
to continuously publish information about) the possibilities of electricity distribution in the
distribution system, in the manner laid down in the rules of operation of the
the distribution system,
l) perform reviews the operation of the distribution system from a technical
point of view,
m) handle the data necessary for the decision of the energy regulatory
the Office of prices for electricity distribution,
n) ensuring the protection of the nature of the trade secret facts having
and other commercially sensitive information obtained in the performance of their
activities, including ensuring the protection of data transmitted to the market operator,
o) draw up emergency plans within 6 months from the grant of the licence and
specify each year; When they create and refine the work with
the systems with which the device is connected, the device
p) comply with the parameters and publish indicators quality of supplies
electricity and services
r) at his own expense to ensure the connection of your device to another distribution
the system, allow the installation of the measuring device to measure the electricity between
distribution systems, to ensure access to this device, and participate in
the payment of the eligible costs of the distribution system operator
associated with connecting their devices to the distribution system,
with) pay by transmission system operators or the operators of the
the payment of the distribution system, regulated access to the transmission system
or distribution system,
t) provide upon request the supplier of last resort details
the customer and its point of use to the extent necessary to ensure the
the supply of last resort,
u) at his own expense to ensure your device connection to the transmission
the system, allow the installation of the measuring device to measure the electricity between
transmission and distribution system, ensure access to this device
and to participate in the reimbursement of the eligible costs of the transmission
system associated with connecting your device to the transmission system.
(11) the distribution system operator is also required to
and inform the Ministry) by the end of the second week of the month
following the end of the calendar quarter of the flow
electricity imports from States which are not members of the European Union,
(b)) to handle and transmit the electricity market operator data from the measurement
for the purposes of making the type of diagrams of the supplies,
(c)) to handle and transmit to the Ministry and energy regulatory
the Office once a year, by 1. March of the following calendar
year, a report on the quality and level of maintenance of the grid system
(d)) to register within 30 days after the grant of the license to distribute
electricity for the electricity market operator; by registering with the
the distribution system operator becomes a registered participant in the market,
e) follow the instructions of the technical control room of the transmission
system or the instructions of the technical control room operator distribution
system to which its system is connected, in States of emergency
announced that the operator or in the prevention of situations of emergency
notified by the operator,
(f)) to ensure the transmission of electricity and in the case of distribution
system not connected directly to the transmission system of electricity distribution in the
the range of contracts on distribution of electricity market participants with
electricity,
(g)) to perform the technical measures for the protection of birds on a newly installed
outdoor high voltage power lines overhead,
(h)) to ensure the promotion of energy services and their offers
customers at competitive prices of energy services,
§ 25a
Unbundling of distribution system operators
(1) the distribution system operator is part of a vertically
integrated company, must be from 1. January 2007 in terms of its
legal form, organisation and decision making is independent of the other activities
non-electricity distribution. This requirement does not mean
the requirement for the separation of the ownership of assets.
(2) in order to ensure the independence of the distribution system operator according to
paragraph 1, from 1. January 2007, the following minimum criteria shall apply:
and) persons responsible for managing the distribution system operator with
must not directly or indirectly participate in the organizational structures of the vertically
integrated company, which is responsible, directly or indirectly, for
the normal operation of electricity generation, electricity transmission and electricity trade
or gas; a statutory body or a member, authorized signatory or
the head of an employee of the distribution system operator may not be
an individual who is at the same time a statutory body or a member,
the head or the head of an employee of the licence holder to produce
electricity, electricity transfer, trade with electricity or gas, that is
part of the same vertically integrated company,
(b)) must be taken all appropriate measures to ensure that the professional
the interests of the Board or its authorized agents or managers Member,
employees responsible for the management of the distribution system operator
It takes into consideration in a way that ensures their independent action;
the statutory body or its Member, the Chief Clerk or servant
distribution system operator shall not receive any remuneration and other
property transactions by licensees for the production of electricity, transmission
electricity trade of electricity or gas within the same vertically
integrated company; the remuneration of the statutory body or its
Member, authorized agents or the head of distribution
the system must not be dependent on the economic results achieved
These other licensees within the same vertically
integrated company,
(c)) the distribution system operator must have a real
decision-making rights in relation to the assets needed for the operation,
the maintenance and development of distribution system, which is independent of the vertically
integrated entrepreneurs; the parent company shall not grant
the distribution system operator any instructions regarding the current
operation or maintenance of the distribution system, and must also not be any
Another way to intervene in the decision-making about the construction or upgrade parts
distribution system operators, if such a decision does not go beyond
the approved financial plan, or any other similar instrument; This is not a
without prejudice to the permissions of the parent company to approve the annual financial plan
or other similar tool distribution system operator and to approve the
its maximum levels of debt.
(3) the distribution system operator shall adopt internal regulation
program of equal treatment to eliminate the discriminatory conduct (hereinafter referred to as
"equal treatment"), which provides for the
and) measures to discriminatory conduct of the operator
distribution system in relation to the electricity market participants, who
they are not part of the same vertically integrated company with
distribution system operator,
(b) the rights and duties of employees) distribution system operator to
fulfill the purposes of the program of equal treatment.
(4) the distribution system operator shall appoint or otherwise occupying the
Auditor program. The distribution system operator shall be obliged to
ensure that the auditor program had created the conditions for an independent
the performance of its functions, in particular, adequate powers to perform its functions and
sufficient material and organizational conditions. The method of remuneration
the auditor may not be to the detriment of the independent performance of his functions.
(5) the Auditor of the program is required to supervise the implementation of the programme of equal
treatment. Auditor of the program processes and presents up to 30. April
the following calendar year to the Energy Regulatory Office and the
the Ministry's annual report on the measures taken to implement the programme
equal treatment for the past year while it exposes the way
allowing remote access. The distribution system operator is
the auditor must provide the program with all the information and supporting documents
necessary for the proper performance of his activities, and provide other necessary
synergy. The distribution system operator shall be obliged to become familiar with the
program of equal treatment of the statutory body or its members, the members of the
the Supervisory Board and all the employees.
(6) the statutory body or a member or Manager, holder of procuration
employee of the distribution system operator shall not 1. January 2007
hold market shares exceeding 1% of the capital in another legal entity
within the same vertically integrated company, which holds the
the license for the production of electricity, electricity, electricity trade, or
gas.
(7) from 1. January 2007, the distribution system operator shall not enter into
the contract for the subjugation of the uniform management of another licensee
for electricity production, electricity transfer, trade with electricity or gas
even in such proceedings under control have already concluded contracts continue.
(8) if the obligation of separation of activities under this Act made
lease of a holding or part of it, the renter is obliged to take over leased
undertaking or its part in its accounts. If it is the obligation of the Department
under this Act, made the rent of an individual asset, the
the landlord must give the tenant information about the value of the leased
assets to the extent required for the purposes of the Energy Regulatory Office
price regulation.
(9) the Department under this Act is not required to do this vertically
integrated entrepreneur who provides services for less than 90 000
customer connected consumption points.
(10) the distribution system operator is part of a vertically
integrated company, must act so as to mislead another did not indicate
participant of the electricity market, if it is a possible confusion with
trader or producer of electricity, which is part of the
the same vertically integrated company.
section 26
Technical dispatching centres
(1) technical dispatching of the transmission system operator
and) performs supervisory control of electricity transmission in the transmission system and
dispatch resource management providing support services to ensure
system services in the transmission system and distribution systems in
cooperation with the distribution system operator,
(b) ensuring compliance with the rules) the link with the grids
other States, including determining the use of interconnectors
connecting a transmission system with other systems abroad; When
determining the use of interconnectors linking two bit
system with other systems abroad must technical dispatching
the transmission system operator to take account of the technical constraints
the transmission system operator and to interconnected networks abroad,
(c) cooperate in the implementation of dispatching) to control the transport of electricity in
transmission system operators interconnected networks abroad.
(2) technical dispatching of a distribution system operator performs
supervisory control of electricity production and distribution of electricity in
distribution system in accordance with § 25 para. 1 (b). (c)).
(3) the technical control rooms distribution system operators and
technical dispatching of transmission system operator shall be obliged to
to cooperate and provide the necessary information for supervisory control.
(4) when dispatching control of the transmitted power
and) between the transmission system and distribution systems in real time
is a technical control room distribution system operator shall be obliged to
obey the instructions of the technical control room of the transmission
system,
(b)) between the distribution systems in real time is a technical control room
distribution system operator, which is not directly connected to the
the transmission system, is obliged to obey the instructions of the technical control room
distribution system operator directly connected to the transmission
the system,
(c)) between the distribution systems in real time if they are not in a relationship
referred to in subparagraph (b)), are the technical operators of the distribution control centers
system operators are obliged to cooperate with each other.
(5) technical dispatching of the transmission system operator and technical
distribution system operators are flexible in case of danger
safe and reliable operation of the power system and after
available market mechanisms provided by the market operator and the
the transmission system operator shall be entitled to when dispatching management in
to the extent necessary to temporarily restrict the production of electricity in the power plant.
Restrictions on the production of electricity in factories with a combined production of electricity
and the heat can be performed no more than neohrožujícím supplies
heat. Restrictions on the production of electricity in manufacturing electricity from renewable
sources of energy according to the law about energy sources by
outside of the States of emergency or a State of emergency prevention can be carried out only
for a refund under paragraph 6.
(6) the transmission system operator or the owner of the distribution
system whose technical dispatching limited when dispatching management
conducted by outside States of emergency or a State of emergency prevention, production
electricity in the production of electricity from renewable energy sources is
must provide to the relevant electricity producers compensation for neodebranou
electricity in the amount corresponding to the total income of the producer after deduction of
the costs for electricity, not manufactured or supplied would have reached in the case of the unlimited
the production. In the event of a dispute about the amount of compensation shall be decided by the energy regulatory
the Office.
(7) the electricity market Participant, whose device is connected to the transmission
system or distribution system, is obliged to forward to the technical
dispatching the necessary information needed to dispečerskému control.
section 27 of the
cancelled
section 28
Customer
(1) the customer has the right to
and) to contract for the connection and the connection of your sampling
the electrical equipment to the transmission system or distribution system,
If it meets the conditions for and the terms and conditions set out the rules
the operation of the transmission system or the rules of operation of the distribution
system and has the consent of the owner concerned to connect real estate
(b)) to purchase electricity from electricity generation license holders and from the
holders of licences to trade in electricity purchase electricity from other
States or on the short-term electricity market organized by the operator
market,
(c)) for the transport of an agreed quantity of electricity to the load for the price
applied in accordance with the price control, if the electricity
a contract for the transmission or distribution of electricity,
(d)) on the information about the overall fuel mix of the supplier and information on the impact of
on the environment,
e) to free choice and change of electricity supplier.
(2) the customer is obliged to
and) follow the instructions of technical dispatching of the transmission
system or technical control room operator distribution
system to which the device is connected, and the rules of operation of the
the transmission system or the rules of operation of the distribution system,
(b)) to enable the installation of the measuring device by transmission system operators
or the distribution system operator,
c) allow access to the measuring device by transmission system operators
or the distribution system operator,
(d) maintain their sampling) electrical equipment in a State that corresponds to the
legislation and technical standards
e) forward the technical data of the market operator of the supply contracts
electricity is subject to clearing,
(f)) to perform a technical measures available to eliminate the influence of the quality of
electricity to the detriment of other participants in the electricity market,
(g)) to participate according to the amount of the withdrawn power demand to cover the legitimate
the costs of the transmission system operator or distribution
system associated with connecting your equipment and to ensuring the
the required wattage,
h) when you change the parameters for electricity edit their at their own expense the sampling
electrical equipment to meet these changes,
I) to register with the market operator prior to delivery
electricity from another manufacturer or trader of electricity in electricity,
j) pay the supplier of last resort supply of electricity under section 12a,
from the time of the initiation of this shipment,
construction work to) in the distribution system or a part thereof,
including connections, allow you to change the place of connection, including changing the location of the
the measuring device on the publicly accessible areas; If as a result of
construction work to change the location of the measuring device, the
electrical equipment behind him for sampling electrical equipment in the property
the owner of the property; the entire cost of the changes shall be borne by
the distribution system operator,
l) when exercising the right of option of the supplier referred to in paragraph 1 (b). (e))
to comply with the agreed length of the notice period, if it is a fixed-term contract
an indefinite period.
(3) The consumption of electrical devices, which passes through neměřená
electricity, no intervention may be made without the prior consent of the
the transmission system operator or distribution
the system.
(4) the customer may operate their own replacement source if it is linked to
to the transmission system or distribution system, only in agreement with the
the transmission system operator, or the operator of a distribution
the system.
(5) the owner of the property to which the customers supplied electricity to
under the contract, is obliged to
and to this delivery),
(b) maintain the common household) electrical installation used for this
delivery in a State that corresponds to the legislation and technical standards
(c)) to provide technical information on common household electrical installation
the holder of the license to distribute electricity,
(d)) to allow the licensee to distribute electricity access to this
shared residential installation.
section 29
cancelled
section 30
Electricity trader
(1) electricity trader has the right to
and to the provision of transmission or) distribution of electricity,
(b)) to purchase electricity from the holders of licences for the production and from the holders of the
license to trade or from other States and sell it to other participants
electricity market, or to other States,
(c) the provision of information from) the market operator required for billing
the supply of electricity to customers whose consumption location is registered with
the market operator,
(d)) to stop or break the supply of electricity to customers when unauthorized
electricity or when proof of repeated non-payment of prices on
the costs associated with the support of electricity under the provisions of the law on
supported by energy sources, which is not paid, even after a warning.
(2) electricity trader is obliged to
and follow the rules of operation) transmission system or the rules
the operation of distribution systems
(b)) to pass the technical data of the market operator of the supply contracts
electricity and other necessary information for the fulfilment of the obligations of the operator
If the market is subject to clearing,
c) charge separately for electricity supply of last resort,
(d)) to comply with the quality parameters of the electricity supply and services
e) to register within 30 days after the grant of a licence to trade in electricity
for the market operator; by registering with electricity trader becomes
a registered participant in the market,
(f)) to carry on business supplier of last resort under section 12a,
g) to ensure the promotion of energy services and their offers
customers at competitive prices of energy services,
(h) inform without delay the market operator) and the customer that easily
privilege or the ability to conduct electricity,
(I) the distribution system operator) to provide identifying information about
to the customer, which supplies electricity on the basis of the Treaty on the joint
electricity supply services,
(j)) provide the transmission system operators or the operators of the
distribution system the information necessary to ensure the safe and
reliable operation,
to) suffer the actions undertaken by the transmission system operator or
distribution system operator in avoiding a State of emergency or
When the State of emergency,
l) publish the manner allowing remote access checklist
European energy consumers about the rights of the consumer
Commission and published by the Energy Regulatory Office and inform your
customers about the possibility of the European consumer checklist
of energy,
m) in the case of exercise of the right of the customer to change electricity suppliers
inform the customer who submitted the notice of termination of the contract, the object of which is the
the supply of electricity, the date of termination of this agreement, if the information about the
the beginning and the length of the notice period is not included in its business
conditions.
section 30a
Construction of a plant producing electricity
(1) construction of electricity plants with a total installed electrical
the performance of 100 kW and more is possible only on the basis of the granted State
authorization for the construction of electricity production (hereinafter referred to as "authorization"). For
total installed electric power production plants of electricity shall be deemed
the sum of the power generating units installed at the connection point
in the power system.
(2) the granting of authorization shall be decided by the Ministry on the basis of a written
request.
(3) the Authorization is granted on the basis of an assessment of the projected plant
electricity
and) compliance with State energy policies,
b) according to the national action plan for renewable energy,
c) accordance with the development plan of the networks,
(d) the location of the production of electricity)
e) used primary energy sources,
(f) the energy efficiency of electricity production),
g) impact on the safe and reliable operation of the power system,
h) financial forecasts of the applicant for the construction of electricity production,
I) the safety of persons and property,
j) security of supply of electricity,
to the expected future) levels of electricity demand,
the impact of electricity production l) to ensure a balance between supply and
the demand of electricity.
(4) the Authorization can be transferred to another person without the consent of
the Ministry provided the fulfilment of the provisions of paragraph 3.
(5) the Ministry is in cases in which grants authorization, the concerned
State authority in land use management.
§ 30b
An application for an authorization
(1) a written request for the granting of the authorization contains
the timetable for the preparation of the construction) electricity production plants containing
the implied terms of the decision on the location of buildings, construction
enable, connect to the transmission system or a transmission system or
the distribution system of electricity or gas distribution system,
Alternatively, begin trial operation and the certificate of occupancy,
(b) basic data on production) of electricity including the installed capacity,
the type of production and energy efficiency,
(c) the expected location of electricity production),
(d)) the data on fuel or other energy sources used
e) representation of the transmission system operator or service provider.
distribution system to provide system services, and about the impact on the
the safety and reliability of the electricity system including the term
and conditions of connection,
f) documents proving the financial prerequisites for the construction of the plant
electricity,
g) data on the nature of the operation of the electricity production and the expected
annual utilization of installed capacity,
h) representation of the market operator on the influence of electricity production to ensure
the balance between supply and demand of electricity and gas and to the fulfilment of the
the objectives of the national action plan for energy from renewable sources.
(2) Financial assumptions means the ability of the applicant to grant a
authorization for the construction of electricity production plants financially secure.
(3) the financial assumptions to prove assets and volume of
the available financial resources, financial statements certified by the auditor
including its annexes in full extent in the case of the applicant in the previous
accounting period exercise business activity.
section 30 c
The decision on the grant of authorization
(1) the decision to grant the authorization contains
and basic information about the production) of electricity including the installed capacity,
the type of production and energy efficiency,
(b) an indication of the location of the plant) of electricity,
(c)) the data on fuel or other used energy sources,
(d) the conditions of validity of the authorization) in particular to ensure support services
including the effects of electricity production on the safe and reliable operation
the electricity system.
(2) the holder of the authorization shall be obliged to immediately notify the Ministry of
any changes to the data referred to in the application for an authorization or any other
relevant facts relating to the granted authorization.
(3) the Ministry keeps records of issued authorization.
section 30 d
Termination of authorization
(1) the Authorization shall expire
and if) the holder of the authorization requests release of spatial
the decision by a special Act, no later than
1. within 3 years from the effective date of the decision granting the authorization for
generating electricity with installed power up to 100 MW, or
2. within five years from the effective date of the decision granting the authorization for
production of electricity with an installed power of 100 MW or more,
(b) in the event of a territorial) proceedings or the refusal of requests for extradition
Zoning decision on the date of acquisition of legal power of such a decision,
(c)) for natural persons, the death or declaration of death, if the holder of
authorization before extradition according to the zoning and planning decision
a special law,
(d)) the release of the bankruptcy decision regarding the assets of the holder of the authorization, or
If the insolvency petition was dismissed because the assets of the holder
authorization is not sufficient to cover the costs of the insolvency proceedings, including
the entry of the holder of the authorization to the disposal, the date of acquisition of legal power
such a decision, or
(e) dissolution of the legal person) who is the holder of the authorization.
(2) the Ministry shall revoke authorization
and for serious non-compliance) of the authorization, or
(b)) on the basis of the authorization holder's application.
section 31
cancelled
§ 32
cancelled
§ 33
cancelled
§ 34
cancelled
§ 35
cancelled
section 36
cancelled
§ 37
cancelled
§ 38
cancelled
§ 39
cancelled
section 40
cancelled
§ 41
cancelled
§ 42
cancelled
§ 43
Obligations of owner direct line
The owner of the direct line is in the case that a direct line is electrically
connected to the transmission system or distribution system, shall
and make available technical measures) to eliminate the influence of the quality of
electricity to the detriment of other participants in the electricity market,
(b)) to enable the in States of emergency or a State of emergency in the prevention of the use of
a direct line to the needs of the transmission system operator or
distribution system operator and follow the advice of the technical
the control centre.
§ 44
cancelled
§ 45
The electric connection
(1) electrical connection must be established and operated in accordance with the
the connection agreement and the rules of operation of the Czech transmission system or
The rules of operation of the distribution system.
(2) electrical connection low voltage at its own expense shall be established
and) in a built-up area under special legislation ^ 4 d)
the distribution system operator,
(b)) outside built-up areas under special legislation ^ 4 d), if the
its length is up to 50 m including, the distribution system operator,
c) outside built-up areas under special legislation ^ 4 d), if the
its length of 50 m, the applicant for connection.
(3) other electrical connections shall be set up at his own expense an applicant for
connection.
(4) the owner of the connection is the one who has paid the costs of its establishment.
(5) the owner of the electrical connections shall be obliged to ensure its operation,
maintenance and repairs so as to become the cause of danger to life and health
persons and damage to property.
(6) the distribution system operator is required to for consideration electrical
connection to operate, maintain, and repair, if the owner of the
requests in writing.
(7) when you connect the device using a loop is not a
connection.
(8) low voltage electrical connection is used to connect one
real estate; on the basis of the consent of the owner and operator of connections
the distribution system can be connected even more real estate. Electric
low-voltage connection wire ends at the main entrance
the fuse boxes, the cable line the main domestic cable
cabinets. These cabinets are part of unions. The main house fuse
the Cabinet, or the main entrance cable housing is placed on the object
of the customer or on the border or near the boundary of his property.
(9) if the customer's established real estate house service fuse
Cabinet, ending outdoor low voltage connection the last anchor point
located on this property or to the terminals of the main circuit breaker
object. This anchor point is part of the unions.
(10) if the customer's established real estate house service cable
Cabinet, ends with the electrical connection of the low voltage at the terminals of the main
circuit breakers object or in the cable closet inside the object.
(11) the electric connection other than the low voltage end outdoor
anchor insulators on the station management customer, when the cable management
bootlace in odběratelově station. Anchor insulators and
cable terminals are part of unions.
(12) Common household electrical installation in buildings used for
connect more customers from one electrical connections are not included in
electrical connections. Common household electrical installation is part of the
real estate.
§ 46
Protective zone
(1) the protection zone of the device the power system is a space in the
the immediate vicinity of this device designed to ensure its
reliable operation and to protect the life, health and property of the people.
The protection zone arises on the date of acquisition of legal power of zoning and planning decision
location of the building or land use consent with the location of the building, if it is not
According to the building code required even one of these documents, then
the date of putting into operation of the electricity system.
(2) Protective zones are protected by overhead lines, underground lines,
the power station, electricity production and management of measuring, protective,
control, security, information and telecommunications technology.
(3) a protection zone of overhead is a contiguous space as defined
vertical planes passing on both sides of the leadership in the horizontal
distance measured perpendicular to the leadership, which is from the outermost conductors
the leadership on both sides
a) for voltages above 1 kV and 35 kV, including
1. for conductors without insulation 7 m,
2. for cables with insulation core 2 m,
3. for the pendant cable lines 1 m,
(b)) for voltages above 35 kV to 110 kV, including
1. for conductors without insulation 12 m,
2. for cables with insulation core 5 m,
(c)) for voltage above 110 kV to 220 kV, including 15 m,
d) for voltage above 220 kV to 400 kV, including 20 m,
e) for voltage above 400 kV 30 m,
(f)) for fixing 110 kV cable line 2 m,
(g)) in private telecommunication networks of licensee 1 m.
(4) the intersections in the forest maintains a transmission system operator or
the distribution system operator shall at its own expense free
a strip of land with a width of 4 m on one side the foundations supporting points
overhead cables in accordance with paragraph 3 (b). and point 1 (a)). b), c), (d)), and
(e)), if such a free bar; owners or users affected
real estate are required to allow this activity to them.
(5) the protection zone of the underground leadership of the electricity system to the voltage
110 kV inclusive and leadership control and security equipment shall be 1 m each
sides of the extreme cable; for the underground lines with a voltage of over 110 kV is
3 m on both sides of the extreme cable.
(6) the protection zone electric station is defined by vertical planes
conducted at a horizontal distance
and at the outdoor electrical stations) and on stations with a voltage greater than
52 kV in buildings, 20 m from the fence or from the outer contour of the perimeter
masonry,
(b)) for electrical electrical stations and Tower stations with outdoor
with the transfer of supply voltage from the levels above 1 kV and less than 52 kV to
low-voltage level of 7 m from the outer edge of the floor plan of the station in all
directions,
(c)) for compact and brick electric stations with the transfer voltage of
levels above 1 kV and less than 52 kV low voltage level 2 m from
the outer shell of the station in all directions,
d) for built-in electrical stations, 1 m from the building.
(7) the protection zone of electricity production is delimited by vertical planes
passing in a horizontal distance of 20 m from the outer contour of the perimeter
Tyre production plants of electricity.
(8) in the protection zone of overhead and underground lines, the production plants of electricity
and electrical stations is prohibited
and set up without the consent of the owner) of the equipment of a building or place
construction and other similar devices, as well as to store flammable and
explosive substances,
(b)) to perform without the consent of its owner, earthworks,
(c)) to carry out actions that could compromise the reliability and safety of the
the operation of such equipment or endanger the life, health or property of persons,
(d)) to undertake activities that are preventing or significantly
helped prevent access to these devices.
(9) the overhead cables in the protection zone is prohibited to withdraw chmelnice
and grizzled vegetation above the height of 3 m.
(10) in the protection zone of the underground leadership is forbidden to withdraw the Permanent
growths and pass the management mechanisms with a total weight of 6 t.
(11) if technical and security conditions allow and if there is no
threat to life, health, safety or property of persons, the owner of the
the relevant part of the power system
and in writing) sets out the conditions for the realization of public utility buildings,
If the client proves the necessity of its location within the protection zone,
(b) written consent) with the building than those referred to in point (a)) or with
activities in the protection zone, which must include the conditions under which
He was an independent.
(12) in the protection zone and outside the activities must be carried out so as to
avoid damage to energy facilities.
(13) the natural or legal persons establishing-powered devices
direct current in the immediate vicinity of the buffer zone with the
the possibility of stray currents affecting the underground lines are
These facts are required to notify the transmission system operator or
to the relevant distribution system operator and to implement measures to
their limitations.
(14) the distance between the nearest overhead wire voltage
more than 52 kV and the end of the rotor sheet wind power plants in the near
the distance from the line must be in the case that
and the leadership is not implemented) measures against vibration of a wire of at least
three times the diameter of the rotor,
(b)) on the management is carried out measures against vibration of a wire of at least
equal to the diameter of the rotor or the height of the wind turbine.
(15) the distance between the electrical stations on the fence voltage exceeding
52 kV and the end of the rotor sheet wind power plants in the near distance
from leadership in still air must be at least equal to the height of the wind turbine.
§ 47
Shifting device
(1) as a result of transmission system facilities and equipment distribution
system means a partial change of the route management or relocation of some
elements of this device.
(2) the rerouting of transmission system facilities and equipment distribution
the system provides its owner at the expense of the person who the need for shifting
raised. The operator of a transmission or distribution system is required to
meet the guy who raised the need for relocation, with the way the implementation of
the projected cost of shifting and its implementation. The cost of the
implementation of relocation may include only the necessary costs.
(3) the ownership of the transmission system facilities and equipment distribution
system after performing the relocation does not change.
§ 48
Contact devices
(1) transmission systems, distribution systems and electrical
hook-ups may, provided that they do not endanger the life, health or property
people, cross roads, railways, waterways, telecommunications
leadership, all piping systems and other equipment, in compliance with the
the conditions laid down by specific legislation or be with them in the
overlapping, way proportionate to the protection of the environment so as to
have been the least affected the interests of the participating owners. The aggregation of the
means a condition in which one device interferes with its protective zone to the
the protection of the safety zone, or other device.
(2) when correcting malfunctions and equipment when construction work is
the operator of such equipment shall be obliged to fully respect the expression of the
other users of the route, especially when prescribed technological procedure
earthwork to be as least affect the interests of the participating
the owners of facilities and real estate.
§ 49
Measurement
(1) measurement in the transmission system ensures the operator of a transmission
system and in the distribution system, the operator
the system. The measurement is determined by the quantities delivered or collected from active or
reactive power and its time course. For customers taking
electricity from low-voltage networks can be replaced with the time course
type of supply diagram.
(2) electricity producers, operators and other distribution systems
customers are required to adjust the forward at their own expense instead of or
supply point for the installation of metering equipment in accordance with the Treaty
connection and with the conditions contained in the rules of operation of the transmission
the rules of operation of the system or distribution system.
(3) electricity producers, operators of other distribution systems
customers and electricity traders may, with the consent of the operator
the transmission system operator or relevant distribution system operator
for its own account and at their own expense to situate their own control measurement
device. The measuring equipment must be clearly marked.
(4) electricity producers, operators and other distribution systems
customers are obliged to defect to the measuring devices, including the violation of
protection against unauthorized manipulation that it finds, it shall immediately
notify the organizer of the transmission system operator or the competent
the distribution system. Any intervention into the measuring device without the consent of
the transmission system operator or of the relevant operator
the distribution system shall be prohibited.
(5) the transmission system operator, or the operator of a relevant
distribution system shall ensure that the individual parts of the measuring device against
tampering.
(6) electricity producers, operators of other distribution systems or
customers are required to allow for the transmission system operators and
the distribution system operator access to the measuring device and
neměřeným parts of the electrical equipment for the purpose of the sampling design
checks, readout, maintenance, replacement or removal of the measuring device.
(7) the operator of a transmission system operator or distribution
the system handles the installation at their own expense a custom measurement
equipment, its maintenance and periodic verification of the correctness of measurement and
the purpose of the implementation of reading, if there is no voltage, the measuring device has the right
provide the measuring equipment under voltage on as long as necessary.
(8) If a question Arose about the accuracy of the information or if the measurement
discovered on the measuring device, the transmission system operator
or the distribution system operator shall at the written
the request of a market participant concerned with electricity within 15 days of its
delivery to replace the measuring equipment and provide verification within 60 days
the accuracy of the measurement.
(9) if the measuring device, which is in the possession of the operator
the transmission system operator or distribution system operator, identified
the fault, the costs associated with its examination and verification of the correctness of the
the measurement of the transmission system operator or the owner of the distribution
the system. If a defect is not detected, the following costs shall be borne by the person who in writing
asked about the examination of the measuring device and verify the accuracy of the measurement.
§ 50
The contract between the electricity market participants
(1) a contract for the supply of electricity is committed to your electricity supplier
supply electricity to the stage the quantity and the time course of another
electricity market participant and participant of the electricity market is committed to
pay the price for it. Part of the contract for the supply of electricity must be
agreement on liability for deviation. The contract for the supply of electricity,
the customer must also include
a) enumeration of offtake points,
(b)) methods of payment payment for the supply of electricity,
(c) the length of the period of notice), no longer than 3 months, which begins with the first
day of the calendar month following the delivery of the notice, if it
a contract for an indefinite period,
(d) the customer's permission) to withdraw from the contract in case of non-compliance with
contractual obligations on the part of the vendor or, in the case of disagreement with the
the proposed change of terms and conditions
(e) notification to the customer) proposed change to the terms and
refer to the right of the customer to rescind the contract in case of disagreement
with the proposed change to the terms
(f) the duration of the contract).
(2) a contract for the associated electricity supply services is committed to
the manufacturer or the trader of electricity to supply electricity to the customer
the stage, the quantity and the time course and provide at his own name and on
own account transport of electricity and related services and customer
the manufacturer or the trader agrees to pay the electricity delivered
electricity price and for the transport of electricity and related services price
regulated. The contract of associated electricity supply services
migration occurs, responsibility for deviation on electricity producers or
a trader with electricity. The contract for the joint services of supply
electricity must also include similar requirements as
contract to supply electricity to the customer and the measures to be taken when
Prevention of a State of emergency, in a State of emergency and response status
of an emergency.
(3) the connection agreement is committed to the operator of the transmission or
connect to the distribution system, a transmission or distribution system
the device of the applicant for the production, distribution or consumption of electricity and
to ensure the agreed power consumption or the performance of the booked and the applicant agrees to
pay the share of the eligible costs for the connection. The Treaty on the
the connection must contain the technical connection conditions of the device, the type of
measurement and its location, terms, and conditions instead of connecting the device and
termination of the contractual relationship and obligations arising from this relationship.
(4) the Agreement on the transit of electricity transmission operator undertakes to
the system of reserve transmission capacity and return for a market participant with
electricity, the agreed quantity of electricity and electricity market participant is
agrees to pay the price applied in accordance with the price regulation for
transfer and related services. Treaty on the transit of electricity must contain
the arrangement on the binding nature of the transmission system operating rules, the term
begin transmission of electricity, electricity metering method and enumerate the pass-through
places. Treaty on the transit of electricity with the customer must also include
and the size of the reserved power input,)
(b)) to enumerate the consumption points,
(c) the customer's permission) to withdraw from the contract in case of non-compliance with
contractual obligations on the part of the transmission system operator or
event of disagreement with the proposed change to the terms
(d)) method of payment payments for transmission of electricity,
(e) notification to the customer) proposed change to the terms and
refer to the right of the customer to rescind the contract in case of disagreement
with the proposed change to the terms
(f) the duration of the contract).
(5) the Agreement on cross-border electricity transmission operator
the transmission system committed to under the conditions established for cross-border
electricity and traffic rules cooperation transmission
systems to migrate to the other Contracting Party or of the
abroad, the agreed quantity of electricity and the other party is
to comply with the conditions laid down for the cross-border traffic
electricity; the other Contracting Party may be the subject of settlement or
the market operator, or foreign natural or legal person who
purchase or supply them electricity on the territory of the Czech Republic, and concludes with
the market operator contract, the object of which is the settlement of imbalances.
(6) a contract for the distribution of electricity is committed to the operator
ensure the distribution system for electricity market participant on
own name and for its own account, or in the case of transmission of electricity
distribution system operator unattached on the transmission
the system of electricity distribution, check out the desired distribution
capacity and return for the electricity market participant agreed quantity
electricity and electricity market participant agrees to pay regulated
the price for the distribution and related services. Contract for the distribution of electricity
must include arrangements for the binding Rules of operation of the distribution
system, the date for starting the distribution of electricity, how to measure
distributed electricity generation and its progress, and enumerate the forward seats.
Electricity distribution contract with the trader must also
list the locations of all the customers with whom the trader has with
electricity at the defined territory distribution system operator
an agreement referred to in paragraph 2. The contract for the distribution of electricity,
the customer must also include
a) enumeration of offtake points,
(b) the customer's permission) to withdraw from the contract in case of non-compliance with
contractual obligations on the part of distribution system operator or
in case of disagreement with the proposed change to the terms
c) method of payment payments for electricity distribution,
(d) notification to the customer) proposed change to the terms and
refer to the right of the customer to rescind the contract in case of disagreement
with the proposed change to the terms
(e) the duration of the contract),
f) measures taken to prevent an emergency, in an emergency, and
removal of consequences of a State of emergency.
(7) the Treaty on the settlement of regulating energy is committed to the market operator
financial deal made in regulating energy supply range
transmission system operator to the provider specified by the regulatory
energy. An integral part of the contract are the terms and conditions of the operator
the market.
(8) the Agreement on access to the organized short-term electricity market is
the market operator agrees to allow the electricity market participant participation in
the organized short-term electricity market and deal made
shops and the electricity market participant undertakes to pay the agreed
the price.
(9) the Agreement on access to the balancing market with regulating energy is
the market operator agrees to allow a free electricity market participant
access on the balancing market with regulating energy and financial deal
made by stores.
(10) the agreement for the provision of support services is committed to the provider
support services support services to deliver the agreed quantity in
a specified quality and the transmission system operator undertakes to
to pay the price.
(11) the Treaty on the settlement of imbalances is the market operator undertakes to
evaluate, and address the deviations of the subject zúčtovávat the clearing and
operator agrees to pay showdown at a controlled cost. Conclusion of the
Treaty on the settlement of imbalances, the natural or legal person becomes the
the body of reckoning. Treaty on the settlement of imbalances must contain
the arrangement of the firmness of the market operator's terms and conditions and the duration of the
of the Treaty.
(12) if the agreement referred to in paragraphs 1, 2, 4 and 6 does not contain
some of the specified requirements shall be considered valid if the
customer fails to its invalidity.
§ 51
Unauthorized consumption of electricity system
(1) Unauthorized collection of electricity from the power system is
and no contracts or subscription), the object of which would be the delivery of
electricity,
(b) in case of repeated non-compliance with consumption) of the agreed payment obligations or
payment obligations, resulting from damages caused by
unauthorized collection of electricity which are not fulfilled even after warning,
c) subscription without a measuring device, if the subscription without the measuring device is not
contractually,
d) connection or subscription from that part of the facility, which is on neměřená
electricity,
(e)) the measuring device measured consumption,
1. which demonstrably has not recorded or recorded the subscription subscription
incorrectly to the detriment of producers of electricity, the electricity trader,
distribution system operator or a transmission operator
system as a result of unauthorized interference with this measuring device
or to its component parts, or accessories, or have been in the measuring device
made such interventions that actual consumption data have changed,
2. which was not connected to the transmission system operator or
distribution system operator,
3. which demonstrably have errors in favor of the customer's consumption and
on which were either violated a hedge against tampering or
the intervention has been demonstrated in a measuring device,
f) consumption in direct connection with the unauthorised encroachment on direct leadership or
on the distribution system or device on a transmission system facilities,
g) receiving electricity without contract or a contract of settlement of imbalances,
the object of which is the delegation of responsibility for deviation to the body
the showdown.
(2) the Unauthorized consumption of electricity from the power system shall be prohibited.
§ 52
Unauthorized supply of electricity to the power system
(1) Unauthorized supply of electricity to the electricity system is
and without closed) supply contracts for the supply of electricity or in conflict with the
the contract for the supply of electricity,
(b) non-delivery measuring device), if the delivery without measuring equipment
was not contractually agreed upon,
(c) that part of the delivery) device, which is electricity, neměřená
(d) the supply of the measuring device measured),
1. which demonstrably has not recorded delivery or recorded delivery
incorrectly as a result of unauthorized interference with this measuring device
or to its component parts, or accessories, or have been in the measuring device
made such interventions that actual delivery have changed,
2. which was not connected to the transmission system operator or
the relevant distribution system operator or does not meet the conditions
contained in the rules of operation of the transmission system or the rules of
the operation of the distribution system,
3. on which has been infringed to ensure against tampering,
e) shipment in direct connection with the unauthorised encroachment on direct management
or distribution system on the device or the equipment of the transmission system.
(2) the unauthorized delivery of the manufacturer is obliged to pay all damages.
(3) Unauthorized supply of electricity to the electricity system shall be prohibited.
§ 53
Unauthorized transfer of and unauthorized distribution of electricity
(1) Unauthorized transfer of and unauthorized distribution of electricity is:
and electricity) to the right put into effect in accordance with the conditions contained in the
The rules of operation of the transmission system or the rules of operation of the
the distribution system,
(b)) to the right of the electricity put into effect in contravention of a clearing system,
(c) the transport of electricity) arising in connection with the unauthorized delivery
or unauthorized collection of electricity,
(d)) to the right of the electricity without contract about the transfer or distribution of the
electricity, or in violation of this agreement,
e) to the right of electricity in case of failing to share in the authorized
the cost of connection.
(2) Unauthorized transfer of and unauthorized distribution of electricity shall be prohibited.
§ 54
A State of emergency
(1) the emergency is a condition, which originated in the electricity grid in the
as a result of
and natural events)
(b) measures of the State bodies for) emergency, State of emergency
or a State of war ^ 10),
c) accident or accumulation of devices for the generation, transmission and
distribution of electricity,
d) episode under the specific legislation,
e) a terrorist act
(f) outstanding balance) power system or a part thereof,
(g) transfer of foreign disturbance) of the electricity system, or
(h)) is a compromised physical security or the protection of the people
and causes significant and sudden lack of electricity or threat
the integrity of the electricity system, its safety and reliability
traffic on the entire territory of the State, defined territory or a part thereof.
(2) the prevention of the emergency State is a set of measures and activities carried out in
a situation where there is a real risk of a State of emergency.
(3) For the entire territory of the State of the transmission system operator
and announces the exact time) creation or termination of a State of emergency in bulk
the media and through resources dispatching
management and immediately be notified to the Ministry, the energy regulatory
the Office, the Ministry of the Interior, the regional authorities and the municipality of the capital city
Prague,
(b) emergency prevention) reports not later than 1 hour after the start of
the activities referred to in paragraph 2 and immediately be notified to the Ministry,
The Energy Regulatory Office, the Ministry of the Interior, the regional authorities and
Municipality of the capital city of Prague,
(c)) manage the activities of prevention, State of emergency and a State of emergency.
(4) for the defined territory or part of the distribution system operator
and announces the exact time) creation or termination of a State of emergency in bulk
the media and through resources dispatching
management and immediately be notified to the Ministry, the energy regulatory
the Office, the Ministry of the Interior, the regional authorities and the municipality of the capital city
Prague,
(b) emergency prevention) announces, without undue delay,
no later than 1 hour after the start of the activities referred to in paragraph 2 and
immediately be notified to the Ministry, the energy regulatory authority,
The Ministry of Interior, regional authorities and of Prague City Hall,
(c)) manage the activities of prevention, State of emergency and a State of emergency.
(5) when a State of emergency and a State of emergency prevention, are all
the electricity market participants must comply with restrictions on the consumption of
electricity, or change in the supply of electricity.
(6) when a State of emergency and in the prevention of a State of emergency is entitled to compensation for
damage and lost profit shall be excluded.
(7) when a State of emergency and prevention State of emergency except in an emergency
referred to in paragraph 1 (b). (d) the operator of the system) can be used for
production of electricity and the production of electricity, which do not meet the limits referred to in
the law governing the protection of the air ^ 10a).
PART 2
The gas industry
section 55
cancelled
§ 56
The participants in the gas market
(1) participants in the gas market are
and gas producers)
(b)) the transmission system operator,
(c)), distribution system operators,
(d) operators of gas cartridges)
e) gas, traders
f) customers,
(g)), the market operator.
(2) a market participant with a gas with the law regulated access to the transmission
system or distribution system
and) is responsible for the variance and is subject to the settlement of imbalances, or
(b)) can be transmitted on the basis of the Treaty, responsibility for deviation to another
body of the settlement of imbalances.
(3) in an emergency, famous for the transmission system operator is
the settlement of imbalances performs in a special mode of reckoning, and it only
the time period for which a State of emergency was declared. Special arrangements
clearing shall be applied for the entire gas system, and for all
entrepreneurs.
§ 57
Gas producers
(1) the manufacturer of the gas has the right
and) on the establishment and operation of offshore pipelines, connections and access
production of gas or coal gas pipeline to transport or distribution
system or a third-party gas pipeline extractive or to stack
gas,
(b)) to sell the gas produced in the production and gas operated other
participants in the gas market and to other countries,
(c) restrict or interrupt the operation of) production plants and offshore gas pipelines in gas
extent necessary in the following cases:
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. in States of emergency or during activities immediately to prevent
their creation,
3. at the time of developing and troubleshooting on offshore pipelines or
devices that are used for the production or extraction of gas,
4. when implementing the planned construction and repair of mining
gas pipelines or equipment used for the production or extraction of gas,
(d)) to information from other participants in the gas market, necessary for the
performance of their duties,
e) restrict, suspend or terminate the gas supply to your customers when you
unauthorized gas sampling,
(f) to enter, and enter on) foreign real estate in connection with the setting-up
and operation of a pipeline or gas production offshore and even if
construction and repair,
g) remove and oklešťovat trees and other vegetation, to carry out liquidation
deleted and okleštěného trees and other stands against the
safe and reliable operation of drilling of pipelines or gas production plants in
cases where the previous warnings, and determining the extent
has not made himself owner or user,
(h)) in accordance with the specific legislation ^ 4 d) to establish and operate a
on foreign real estate mining pipelines or gas production.
(2) the manufacturer is obliged to establish a gas easement that allows the use of
foreign real estate or part thereof for the purposes referred to in paragraph 1 (b).
(h)), and it contracted with the owner of the property; in the event that the owner is not
unknown or not specified or because it is proven to be unreachable or
idle or to reach agreement with him, the expropriation authority
the manufacturer shall, on a proposal from the gas easement permitting
the use of the property or part thereof.
(3) if the owner or lessee of the property as a result of the exercise of
rights of the manufacturer of the gas referred to in paragraph 1 (b). f) and (g)), property damage, or
If it is restricted in the normal use of the property, has the right to a one-time
^ 5) compensation, including the payment of costs for the elaboration of the expert's report.
The right to such compensation must be applied for gas producers, which caused
pecuniary loss or restriction of the use of the property, within 6 months from the date of
When the owner or charterer of it learned otherwise this right ceases to exist.
(4) in the cases referred to in paragraph 1 (b). f) and (g)) is a manufacturer of gas
obliged to conserve as much as possible the rights of the owners of the affected properties and input
on their property to notify them. After the end of the work is obliged to State
property to its previous state, or if this is not possible with regard to the
the nature of work performed, the State corresponding to the previous purpose, or
use of the property and notify the owner of the
real estate. After doing the removal or curtailing the trees is required to
at its own expense make disposal resulting from slash and debris after extraction.
(5) in the cases referred to in paragraph 1 (b). c) point 4 is a manufacturer of gas
shall notify its customers start and the end of restrictions
or the interruption of gas supplies, however, at least 30 days in advance.
(6) in the cases referred to in paragraph 1 (b). (c)) is a manufacturer of gas
shall be obliged to restore the gas supply immediately after removing the causes that
led to its limitations or interruptions.
(7) in the cases referred to in paragraph 1 (b). (c)) is entitled to compensation for
damage and lost profit shall be excluded. This does not apply if the manufacturer fails to gas
the obligation of notification provided for in paragraph 5 or demonstrably caused the failure
gas producers.
(8) the manufacturer of the gas is also required to
a) pay by transmission system operators or the operators of the
distribution system or operator of a storage tank, or other
manufacturers of gas, of the legitimate costs of connection to the
a transmission system or distribution system or extractive gas pipeline
another manufacturer of gas or gas storage,
(b)) to ensure safe and reliable operation of the gas production and mining
pipeline and neznevýhodňující conditions for access to the extractive
the gas pipeline,
(c)) to provide another producer gas or operator of a storage tank,
transmission or distribution system, on which its
the upstream pipelines connected, the information required to ensure mutual
operability,
(d) measurement of gas transported) to ensure it operated by the mining
the pipeline, including its evaluation and evaluated information
pass the market operator and the participants in the gas market, for which the
provides transportation of gas mining pipeline,
e) compiled daily, monthly, annual and ten-year balance of production
gas, evaluate it and pass the market operator and the operator
the transmission system,
(f)) to draw up within six months after the granting of a licence to manufacture gas emergency
gas stations, plans to send them to the Ministry and to specify each year,
g) establish and operate a technical control room, which is responsible for
supervisory control of the production of the gas,
(h) to declare a State of emergency) in the framework of the production plants, gas and offshore gas pipelines
I) keep separate accounts for the gas production,
j) connect to the extractive gas pipeline to anyone who so requests, and meets the
the connection with the exception of demonstrable lack of spare capacity;
denial of a connection to the extractive gas pipeline must be in writing and
must be justified,
to transmit data the market operator) on the amount of and the course of the supply of gas to
arising from contracts for the supply of gas, and other necessary information for the
the performance of the obligations of the market operator,
l) comply with the provisions of § 61 para. 2 in cases where the supplied gas
to customers.
§ 58
The transmission system operator
(1) the transmission system operator has the right to
and in the trays) to access the gas under the conditions laid down in this Act
in order to ensure a balance between the quantity of gas entering the gas
system and the quantity of gas of the gas system,
(b)) to information from other participants in the gas market, necessary for the
performance of their duties,
(c)) to set up and operate their own telecommunications network for the control, measurement,
assurance and automate the operation of the gas system and to transfer
information for the operation of the computer technology and information systems,
(d)) in accordance with the specific legislation ^ 4 d) to establish and operate a
on foreign real estate gas equipment
(e) to enter, and enter on) foreign real estate in connection with the setting-up,
modifications, repairs and operation of the transmission system,
f) remove and oklešťovat trees and other vegetation, to carry out liquidation
deleted and okleštěného trees and other stands against the
safe and reliable operation of the transmission system, in cases where the
previous warnings, and has not made himself the owner of a determination of the extent or
the user,
g) enter, in accordance with the specific provisions in a confined space and
equipment used to perform the work and services of the institutions of the Ministry of
defence, Ministry of Interior, Ministry of Justice, Security
information services and to the perimeter of the track, as well as to enter into real estate,
where are located the special equipment of telecommunications, to the extent and
necessary for the performance of the licensed activities,
h) when emergencies, to the extent necessary to use gas equipment
customers, for which transports gas,
I) restrict or interrupt the transport of gas in the following cases:
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. in States of emergency or during activities immediately to prevent
their creation,
3. in the implementation of the planned construction work and planned repairs on
the transmission system device,
4. the creation and removal of faults on transmission system devices
5. when the gas sampling devices that threaten the lives, health, or
the assets of the persons
6. unauthorized gas sampling or unauthorized transport of gas,
7. gas sampling, when the customer repeatedly without good reason
did not allow access to the measuring device or neměřeným parts of the sampling
gas equipment, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
in the manner invited or
8. as a result of a restriction or interruption of the transport operator
the interconnected transmission system
j) buy and sell gas to cover losses on the transmission system or
for own consumption or for the purposes of ensuring a balance between the amount of
gas entering and leaving the gas system; This is not a
considered the gas trade.
(2) the transmission system operator shall be obliged to establish an easement
to allow the use of foreign real estate or part thereof for the purposes referred to in
paragraph 1 (b). (d)), and it contracted with the owner of the property; in the case of
that the owner is not known or is not identified or because it is proven
unreachable or idle, or to reach agreement with him and are given the
conditions for restriction of ownership rights to the land or to build according to the
a special legal regulation, the competent ^ 4e) expropriation authority decides
on a proposal from the transmission system operator of the easement
allowing the use of the property or part thereof.
(3) if the owner or lessee of the property as a result of the exercise of
rights of the transmission system operator referred to in paragraph 1 (b). (d) to (i)))
property damage or if it is limited in the normal use of the property has
the right to a one-time compensation ^ 5) ^ 10) including the reimbursement of the costs of
development of an expert. The right to such compensation must be applied
the transmission system operator, which caused material damage,
or the restriction of the use of the property, within 6 months from the date on which it
the owner or the tenant knew, otherwise this right ceases to exist.
(4) in the cases referred to in paragraph 1 (b). (d)) to (i)) is the operator of
the transmission system operator shall be obliged to conserve as much as possible the rights of the owners of the affected
real estate and the entrance to their property to notify them. After the end of the work
is obliged to state the property to its previous state or, where that is not possible
having regard to the nature of work performed, to the State of the corresponding
the previous purpose or use of the property and report this
the fact the owner of the property. After doing the removal or
curtailing the trees is obliged to perform at their own expense liquidation
resulting from slash and debris after extraction.
(5) in the cases referred to in paragraph 1 (b). I) point 3 is the operator
the transmission system operator shall be obliged to notify the customers for which transports gas,
the start and end of the restriction or interruption of the transport of gas, but at least
30 days in advance.
(6) in the cases referred to in paragraph 1 (b). I) is the operator of
the transmission system operator shall be obliged to restore the gas immediately after the
eliminate the causes that led to its limitations or interruptions.
(7) in the cases referred to in paragraph 1 (b). I) is entitled to compensation for
damage and lost profit shall be excluded. This does not apply if the operator fails to comply with
the transmission system the notification obligation imposed in accordance with paragraph 5, or
demonstrably caused the malfunction of transmission system operator.
(8) the transmission system operator is also required to
a) to ensure a secure, reliable and efficient operation, maintenance, renewal and
developing the transmission system,
(b)) to ensure the gas on the basis of contracts concluded,
(c) the transmission system) to connect to anyone who so requests, and meets the
connection conditions,
(d)) to provide gas to anyone who so requests, and meets the
conditions for access to the transmission system with the exception of demonstrable
the lack of spare capacity for the transport of gas, or when a threat
safe and reliable operation of the transmission system operator; denial of
access to the transmission system must be in writing and shall be
justified,
(e) the conditions for the neznevýhodňující) to ensure the connection and the access of third
Parties to the transmission system under the conditions laid down in this Act,
(f) gas measurement) to ensure in the transmission system, including the evaluation and
pass the market operator and the participants in the gas market, which ensures
gas transport, measured and evaluated information
g) provide operators of distribution networks, which is its
system is interconnected, the information necessary to ensure mutual
the operability of the systems,
(h)) to comply with the parameters and publish gas and quality indicators
related services,
I) process and transmit the energy regulatory authority information
needed for a decision on the prices for the transportation of gas,
j) keep separate accounts for the transport of gas, and for the purposes of this regulation,
k) compiled daily, monthly, annual and ten-year balance of transport
system, evaluate it and pass the market operator,
l) to draw up within six months after the granting of licences for the transport of gas
emergency plan of the transmission system, send it to the Ministry annually
to clarify,
m) to report in good time to market participants, whose
gas devices are directly connected to the transmission system, the range of
and timing of the downtime for the transport of gas, and to highlight
the projected reduction in the transport capacity,
n) establish and operate a technical control room, which provides dispatching
the management of the transmission system,
about) establish and operate sites for monitoring the quality of the gas,
p) to create the technical conditions for securing gas imports from various
resources,
q) control the gas system of the Czech Republic during a State of emergency,
r) ensuring the protection of facts having the nature of a trade secret
and other commercially sensitive information obtained in the performance of their
activities,
with process development plan annually) of the transmission system, including
the investment in the range according to § 58 k of paragraph 1. 3 and after its approval to
publish; the provisions of paragraph d of paragraph 1. 5 shall apply mutatis mutandis,
t) process, and to submit the energy regulatory authority to
the approval of the conditions of employment of the transmission system operator, to ensure its
publication and to carry out the licensed activities, in accordance with the order of
the transmission system operator,
u) develop, in conjunction with the operators of distribution networks, and
stack gas emergency plan, each year it's gas system
Update and submit to the Ministry,
in the process, and forward to the Ministry) and the energy regulatory
the Office once a year, by 1. March of the following calendar
of the year, a report on the quality and level of maintenance of the transmission system,
w) build sufficient cross-border capacity in accordance with the development plan
the transmission system and ensuring the right infrastructure according to the standard
of the applicable legislation of the European Union ^ 21),
x) cooperate with other transmission system operators in
regional level, involving two or more Member States in order to
the allocation of transport capacity and the exchange of information relating to
the safety of the operation of the transmission system,
s) offer a separate input and output capacity at the individual
entry points to the transmission system and output points of transportation
system,
from) post separately pay for the input and output capacity on the
each of the entry points to the transmission system and output points
of the transmission system.
(9) the legal person created for the purpose of the cooperation referred to in paragraph 8
(a). x) is required to adopt and implement the internal regulation of the program
of equal treatment, if the formation or activity of the legal
persons involved in the transmission system operator, which is part of the
a vertically integrated natural gas business. The provisions of § 58i and
58j shall apply mutatis mutandis.
section 58a
The separation of the transmission system operator
(1) The transmission system operator, which is part of a vertically
integrated natural gas trader, also apply the provisions of §
58B to 58 m of an independent transmission system operator. This is not a
without prejudice to the right of the transmission system operator to follow
the provisions of § 58n governing ownership separation of transmission
the system.
(2) in addition to the provisions of § 58 is the transmission system operator, to the
which is not covered by paragraph 1, it shall apply the provisions of § 58n.
section 58b
An independent transmission system operator
(1) an independent transmission system operator must have the legal form of
the joint stock company, limited liability company or the European
the company.
(2) if the independent transmission system operator legal form
joint-stock company,
and) publishes a paper shares or shares in book-entry form,
(b) statutory authority) of its has at least three members, while acting on behalf of
the company shall take place at least two members together; This does not apply,
If the Corporation has the legal form of a European company of monist
the structure,
(c)) the statutes in addition to General requirements laid down in the commercial code
shall also include the adjustment of the basic organizational structure,
the Organization ensure the internal management and control system.
(3) if the independent transmission system operator legal form
limited liability company,
and is obliged to establish) the Supervisory Board,
(b)) has at least 2 of the Manager, with the decision on business leadership
the company requires the consent of a majority of the appointed directors and negotiations
on behalf of the company shall be conducted by at least two managers together,
c) publishes the statutes, which shall also include the adjustment of the basic
the organizational structure, an organization ensure the internal control and
the control system.
(4) statutory authority an independent transmission system operator must
be composed of all senior staff in the Executive control function in the
the top line of the control of an independent transmission system operator.
§ 58c
The provisions of the statutory body or members of the Board
an independent transmission system operator, and their appeal
(1) the Members of the statutory body or statutory authority shall appoint or elect and
dismissed by the Supervisory Board of an independent transmission system operator.
The Supervisory Board also approved the conclusion of contracts for the performance of the duties of a member of
statutory authority or statutory authority, and the conclusion of other agreements,
governing the conditions for the performance of the duties of the Board or
Member of the Board.
(2) the term of Office of the statutory body or a member of the Board
an independent transmission system operator is 5 years. The statutes of the
an independent transmission system operator can shorten the length of the
the term of Office of the statutory body or a member of the Board,
but not more than two years. Revoke a statutory body or a member of
statutory authority before the expiry of the term of Office is possible only from the
because of the gross violations of the obligations connected with the performance of its functions.
(3) The appointment or election and revocation of the statutory body or a member of
the statutory body of the independent transmission system operator according to
paragraph 1 requires approval by the Energy Regulatory Office. If
Energy Regulatory Office appointment or choice of the statutory authority
or a statutory authority does not approve, such a person is a statutory
authority or a statutory body independent of the operator
the transmission system does not, even if so decided, the Supervisory Board. If
The Energy Regulatory Office shall not approve the appeal of the statutory body or
Member of the Board, by decision of the Supervisory Board
does not arise.
(4) the Energy Regulatory Office shall decide on the approval of the contract for the
the performance of the functions of a statutory authority or statutory authority and
the conclusion of other agreements, which govern the conditions for the exercise of functions
of the statutory body or a member of the Board referred to in paragraph 1, and
on the approval of their amendments.
(5) in a contract for the performance of a statutory body or a member of
statutory authority or in another Treaty, which regulates the conditions for the
the performance of the statutory body or a member of the Board, you must
be negotiated the terms of exercising the functions of a statutory body or a member of
of the Board, including compensation or provision of another
performance for the benefit of a statutory body or a member of the Board
or conditions governing the performance of the function.
(6) the provision of another performance in favour of statutory authority or
members of statutory bodies than agreed in the contracts referred to in paragraph 5
shall be prohibited. The provisions of § 187 para. 1 (b). g) commercial code,
in relation to members of the Board shall not apply.
§ 58d
The independence of the statutory bodies, members of statutory bodies and
employees of an independent transmission system operator
(1) a statutory body or a member of the statutory body of the independent
the transmission system operator may not be a person who, in the last 3
years prior to the date of her appointment
and performed any of the comparable) functions in different to another person
from an independent transmission system operator, which is part of the
the same vertically integrated gas businesses as an independent
the transmission system operator, or who exercises control over the
a person who is part of the same vertically integrated company
as an independent transmission system operator, or for such other
person performed other work in employment or other similar
the relationship,
(b)) carried out the any of the comparable functions in different to another person
from an independent transmission system operator, or on the
business of the person who entered into business relations with other
persons who are part of the same vertically integrated
the natural gas businesses as an independent transmission
system or with a person who exercises the control of a person who is
part of the same vertically integrated company as an independent
the transmission system operator; an account is not buying gas for
own consumption,
(c)) carried out the business activity, directly or
vicariously entered into business relations with other persons
different from an independent transmission system operator, which are
part of the same vertically integrated natural gas business
an independent transmission system operator, or with the person exercising the
control over the party, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator; commercial
the relationship is not buying gas for their own use,
(d)) with the gods, or trades for other persons different from
an independent transmission system operator, which are part of the same
a vertically integrated natural gas businesses as an independent
the transmission system operator, or for the person performing the inspection
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator.
(2) the limits referred to in paragraph 1 shall be subject to an absolute majority of all
statutory bodies or members of the Board and by an absolute
most all of the people directly subordinate to the head of the staff under the
the provision of section 58b of the paragraph. 4 on matters relating to the operation, maintenance,
and development of the transmission system. The other statutory bodies, members of the
of the statutory body or persons directly subordinate managers
employees under the provisions of section 58b of the paragraph. 4 in matters related
the operation, maintenance and development of the transmission system operator may not be
in the last 6 months before the date of appointment or other establishment
to exercise any of the functions of comparable features in the other person
different from the independent transmission system operator, which is
part of the same vertically integrated natural gas business
an independent transmission system operator, or for such person
carry out other work in employment or other similar relationship.
(3) the provisions of paragraph 1 shall apply mutatis mutandis to statutory authority,
Member of the Board or staff directly subordinate managers
employees under the provisions of section 58b of the paragraph. 4 in matters related
the operation, maintenance and development of the transmission system for the performance of their
the term or duration of the employment relationship to an independent
the transmission system operator.
(4) statutory bodies, members of statutory body, the person directly
child head of employees according to the provisions of section 58b of the paragraph. 4 in the
matters relating to the operation, maintenance and development of transport
the system will not take part in the business of another person who is
part of the same vertically integrated natural gas business
an independent transmission system operator, or recover against such person
the right to a share of the profits or other similar transactions. Performance for the benefit of
statutory authority, a statutory authority or remuneration for work
employees of an independent transmission system operator directly
child head of employees according to the provisions of section 58b of the paragraph. 4 in the
matters relating to the operation, maintenance or development of transport
the system must not in any way depend on the financial results
persons other than an independent transmission system operator.
(5) the statutory authorities, Board members or employees
directly subordinate to the head of the staff under the provisions of section 58b of the paragraph. 4 in the
matters relating to the operation, maintenance and development of transport
system, are required to for 4 years from the date of removal from Office or
place of work or other duties to refrain from
and the performance of any comparable) functions in another person who is
part of the same vertically integrated natural gas business
an independent transmission system operator, or who exercises control
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator, or performance
other work for such a person in employment or other similar
the relationship,
(b) the performance of any comparable) features in a person who enters into a
business relationships with other persons, which are part of the same
a vertically integrated natural gas businesses as an independent
the transmission system operator, or with the person performing the inspection
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator,
c) participate as partner or shareholder in the business of the person who
shall enter into a business relationship with other persons, which are part of the
the same vertically integrated gas businesses as an independent
the transmission system operator, or with the person performing the inspection
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator,
(d) the performance of business activities) that as an entrepreneur
directly or indirectly entering into business relations with other
persons who are part of the same vertically integrated
the natural gas businesses as an independent transmission
system, or with the person exercising control over a person who is
part of the same vertically integrated company as an independent
the transmission system operator,
e) mediation or procuring any trades for another person,
that are part of the same vertically integrated natural gas
the entrepreneur as an independent transmission system operator, or for
the person exercising control over a person who is part of the same
a vertically integrated company as an independent operator
the transmission system.
(6) in the account referred to in paragraphs 1 and 5 shall not be considered a contractual relationship
closed under section 72.
section 58e
The Supervisory Board of an independent transmission system operator
(1) the powers of the Supervisory Board of an independent transmission
In addition to the scope of the system laid down by the commercial code belongs to
deciding on all matters of the company, that have a significant
impact on the value of the shares of members of an independent transmission
the system. In particular, the Supervisory Board
a) approve annual and long-term financial plans,
(b)) provides for the possible level of indebtedness,
(c)) shall approve the proposed distribution of profit designated to pay the shareholders
the present general meeting.
(2) the decisions taken by the Supervisory Board to the extent of its competence under the
paragraph 1 are for statutory authority independent of the operator
the transmission system binding. The Supervisory Board shall not grant
statutory authority guidance on business management society
operation or maintenance of the transmission system and in matters relating to the
the preparation of the 10-year network development plan under section 58 k. The provisions of the
statutes governing the reserves decisions on these matters
companies within the scope of the Supervisory Board are invalid. The provisions of § 133
paragraph. 2 and § 191 para. 2 of the commercial code shall not apply.
(3) to select a number of members of the Supervisory Board, which is a lower
than half of all members of the Supervisory Board, and to the conclusion of contracts for the performance of
the function of these members of the Supervisory Board or the conclusion of other agreements that
govern the conditions for these features in the performance of members of the Supervisory Board, and to
change is necessary to the approval of the Energy Regulatory Office.
Approval by the Energy Regulatory Office shall be subject to the choice of those members of the
the Supervisory Board or, in the case of the European company Board members,
who are elected by the general meeting.
(4) If the Energy Regulatory Office choice member of the Supervisory Board pursuant to
paragraph 3 under the conditions established by this Act shall not approve, such
the person is a member of the Supervisory Board of an independent transmission
the system does not, even if so decided by the general meeting of an independent
the transmission system operator.
(5) if the composition of the members of the Supervisory Board in contravention of paragraph 3, it shall be deemed
the fact that the Supervisory Board is unable to fulfil the functions of the Supervisory Board.
(6) For the length of the term of Office of a member of the Supervisory Board, to
shortening through statutes and the appeal of the Supervisory Board before
the expiry of the term of Office, the provisions of § 58c apply paragraph 1. 2 accordingly.
(7) for the members of the Supervisory Board, to which election shall be approved
The Energy Regulatory Office, the provisions of § 58d apply paragraph 1. 1, 4 to 6
by analogy.
(8) a member of the Supervisory Board of appeal is required the approval of the energy
Regulatory Office. If the Energy Regulatory Office Member
the Supervisory Board does not approve, by decision of the general meeting shall not cease.
section 58f
The procedure for the approval of the provisions of the statutory body, the members of the statutory
authority and the members of the Supervisory Board of an independent transmission
system and their appeal
(1) in proceedings for approval of the appointment, election or revocation of the
authority, a statutory authority or the Member of the Supervisory Board or the
approval of the contract for performance of the duties of the Board, Member
of the statutory body or a member of the Supervisory Board or the conclusion of other agreements,
that governs the conditions for the performance of the duties of the Board, Member
of the statutory body or a member of the Supervisory Board, or their changes will issue
Energy Regulatory Office decision within 3 weeks from receipt of a complete
request.
(2) if the energy regulatory authority shall not issue a decision within the time limit referred to in
paragraph 1, the expiry of the Energy Regulatory Office
the appointment, election or revocation of the statutory authority, a statutory
the authority or a member of the Supervisory Board or the contract referred to in paragraph 1.
(3) the Energy Regulatory Office shall not approve the appointment or selection
statutory authority, a statutory authority, or a member of the Supervisory Board,
for which, due to its current professional activities and the proposed
terms of exercising functions there is reason to doubt whether it would exercise
function properly and independently, in particular on other non-interest
carrying out the duties of an independent transmission system operator.
(4) the energy regulatory authority approves contract for performance of the
the function of the Board, a statutory body or a member of the
the Supervisory Board or the conclusion of other agreements, which regulates the conditions for the
the performance of the statutory authority, a statutory authority, or a member of the
the Supervisory Board, or change them if taking into account all
circumstances, it may be considered that the proposed conditions for the exercise of a function or
their changes will not allow the statutory authority, a member of the Board
or the Member of the Supervisory Board, to perform the function properly and independently.
(5) the energy regulatory authority Appeals Board, Member
of the statutory body or a member of the Supervisory Board before the expiry of their
the term does not approve, if there are grounds for reasonable doubts about the fulfilment of the
the conditions for removal from Office under this Act.
§ 58g
Independence of the transmission system operator
(1) a person who is part of the same vertically integrated
natural gas trader, may itself or through
the controlled entity to hold a stake in the independent transmission operator
only if the system itself does not produce gas or not dealt with gas.
(2) an independent transmission system operator is entitled to himself or
through the controlled entity to hold a stake in subsidiaries or
against it the right to acquire a share of the profits or other similar performance only if the
the subsidiary does not produce gas, does not trade in gas and does not own
installations for the production of gas.
(3) an independent transmission system operator shall act independently of the
other persons who are part of the same vertically integrated
the natural gas businesses, assets necessary to operate, maintain, and
the development of the transmission system, including financing. Transmission
the system is required to ensure sufficient financial resources for the proper and
efficient transport of gas. Permission of the Supervisory Board pursuant to section 58e is not
without prejudice to the.
(4) an independent transmission system operator is required to set up your
structure and organization, powers and responsibilities of the heads of statutory
bodies or members of statutory bodies, the rights and duties of the managerial
employees, management and internal control system so as to ensure the
the independence of the exercise of the rights and obligations of independent operators
the transmission system on the other persons who are part of the same
the group. Internal regulations in the first sentence is an independent operator
the transmission system operator shall be obliged to submit the energy regulatory authority
without undue delay after their receipt.
(5) the person or persons who are part of the same group, are required to
in relation to an independent transmission system operator to refrain from
Act or the granting of the instructions regarding the activities of the independent
the transmission system operator and transmission system operation, which
would
and directly or indirectly influenced) behavior of independent operators
the transmission system, which has an impact on competition in the gas market,
(b)) to affect directly or indirectly the preparation and processing of a ten-year
the development plan of the transmission system in accordance with § 58 k, or
(c) otherwise compromise independence) the transmission system operator
or the performance of its duties.
(6) the conclusion of any trade agreement between an independent operator
the transmission system operator and another person that is part of the same group,
shall be subject to approval by the Energy Regulatory Office. Energy regulatory
the Office approves the conclusion of the contract, if the transmission system operator
It proves that the contract has been negotiated for standard business terms
contact and negotiation of the contract cannot lead to a breach of the obligation under section 58 h
paragraph. 9. If the independent transmission system operator enters into a contract
with the other person, which is part of the same group, in the tender
According to the law on public procurement, it is considered that the contracts negotiated
under the conditions customary in the trade.
(7) the provisions of paragraph 6 shall not apply to contracts which have
the services according to § 58 h of paragraph 1. 6 activities according to § 58 para. 1 (b). (j)).
(8) transmission system operator shall be obliged to keep records of
the trade agreements concluded with other entities that are part of
the same vertically integrated natural gas trader, and during
their performance, and make available upon request, or provide
The Energy Regulatory Office.
§ 58 h
The resource requirements of an independent transmission system operator and its
autonomy of the
(1) an independent transmission system operator must have sufficient
human, technical, material and financial resources necessary for the implementation of the
transportation of gas and the performance of all related obligations. For this purpose,
is an independent transmission system operator shall in particular:
and) possess a transmission system and other assets necessary for the implementation of the
the transport of gas, with the exception of equipment for which an exemption
in accordance with § 67a,
(b) employ such number of employees), which allows for the proper implementation of
the transport of gas,
(c)) to the extent approved by the Supervisory Board access to financial resources
people that are part of the same vertically integrated natural gas
entrepreneurs, of whom plans to finance the development or renewal of transport
system, and this within a reasonable time after the submission of the relevant application.
(2) an independent transmission system operator shall inform the Energy
the regulatory authority of the financial resources that it has available for
the planned development or reconstruction of the transmission system, and the conditions of their
use, and always to 30. June of the calendar year.
(3) the implementation of the transport of the gas referred to in paragraph 1 include:
and independent representation) the transmission system operator on the outside
including negotiations towards the energy regulatory authority,
(b)) negotiations independent transmission system operator, in all things
related to its participation in the European network of transport operators
systems in accordance with the regulation on conditions for access to the natural gas transmission
networks,
(c)) the performance of activities associated with allowing access to the transmission system,
(d)) the collection of payments related to the operation of the transmission system,
including payments for access to the transmission system, and for ancillary services
in particular, for balancing the derogations,
e) operating, maintaining and developing the transmission system,
f) investment planning ensuring long-term security and
long-term ability of the system to meet reasonable transport
demand,
(g)) the performance of activities related to the possible participation of the transmission
system in a legal entity based in conjunction with other operators
transmission system operators of stock exchange trading organizujícími
gas or other bodies for the purpose of the creation and development of regional
markets or other activities that support the liberalisation of the gas market and the
h) performance of in-house activities, including legal services, management
accounting or the operation of information systems.
(4) an independent transmission system operator is forbidden to engage in
carriage of gas using the services of another person, which is part of the same
a vertically integrated natural gas businesses as an independent
the transmission system operator, or its employees, with the exception of
services to ensure the serviceability of the transmission system
specified as a public works contract.
(5) an independent transmission system operator shall be prohibited to assign
their employees to work for another person, which is part of the same
a vertically integrated natural gas business.
(6) an independent transmission system operator is competent to provide
services to another person that is part of the same vertically integrated
the natural gas businesses only with the prior consent of the energy
Regulatory Office. The Energy Regulatory Office shall grant the approval if
an independent transmission system operator demonstrate that the
and) provision of such services does not lead to discrimination against others
market participants with gas or other persons who are not part of the same
a vertically integrated natural gas businesses,
b) using the services under the same conditions is also available to other participants
the gas market or to other persons who are not part of the same vertically
integrated natural gas businesses,
(c)) the provision of such services does not hamper or dilute the economic
competition in the gas market or competition.
(7) the assessment of the meeting provided pursuant to paragraph 6 (b). (c))
The Energy Regulatory Office shall request the observations of the Office for the protection of
competition.
(8) an independent transmission system operator shall not, in your business
in the framework of its communications and the application of its trade marks Act
so, to his confusion with another person, which is part of the
the same vertically integrated natural gas business. An independent
the transmission system operator shall not carry on business in the business
the premises in which the business is carried on by another person, which is part of the
the same vertically integrated natural gas business.
(9) an independent transmission system operator must be information-
separated from the other people that are part of the same vertically
integrated natural gas business.
(10) an independent transmission system operator is prohibited to share with
another person who is part of the same vertically integrated
the natural gas businesses, security systems, systems for the control of
access and other information systems. This prohibition shall not apply to
systems whose operator is an independent transmission
the system or a person who is not part of the same group of companies as an independent
the transmission system operator, and where an independent operator
the transmission system operator shall ensure that during the operation of these systems was
compliance with the obligation referred to in paragraph 9.
(11) an independent transmission system operator may not use the service
provider of services related to the operation or administration of the
security systems, access control systems, or other
information systems, if the service uses the same ISP
any other person who is part of the same vertically integrated
the natural gas businesses. This prohibition shall not apply to services which are
the provider is not part of the same group of companies as an independent operator
the transmission system, and for which an independent transmission system operator
ensure that these services are complied with the obligation to
pursuant to paragraph 9.
(12) an independent transmission system operator is obliged to ensure
carrying out the statutory audit, the Auditor, which only in the same accounting
period does not carry out statutory audits of other persons that are part of the same
a vertically integrated natural gas business.
§ 58i
Program of equal treatment to an independent transmission system operator
and supervision of its implementation
(1) an independent transmission system operator is obliged to take
internal regulation of the program of equal treatment and post it in a way
allowing remote access. Program of equal treatment lays down
and) measures to discriminatory conduct an independent
the transmission system operator in relation to the participants in the gas market,
who are not part of the same vertically integrated natural gas
entrepreneurs with the transmission system operator,
(b)) the duties and rights of employees of an independent transmission
system to meet the objectives of the program of equal treatment.
(2) an independent transmission system operator is required to ensure the proper
implementation of the programme of equal treatment.
(3) the programme of equal treatment approved the Energy Regulatory Office.
The Energy Regulatory Office shall approve the programme of equal treatment, if the
the basis of the assessment of its content is considered to lead to the exclusion of
the discriminatory conduct of an independent transmission system operator.
(4) on the implementation of the programme of equal treatment and compliance with legal
obligations related to its implementation overseen by auditor program.
§ 58j
Auditor of the program of an independent transmission system operator
(1) an auditor appointed by the program or otherwise shall appoint and dismiss supervisory
the Council. On the conclusion of the Treaty, which regulates the conditions for the exercise of functions
Auditor of the program, including the length of the term of Office and revocation of conditions
functions, shall be decided by the Supervisory Board. The appointment of the auditor's or other provisions
program to function and its removal from Office and the conclusion of the contract in accordance with
the previous sentence shall be subject to approval by the Energy Regulatory Office.
(2) the appointment of the energy regulatory office or other provisions of the auditor
the program does not approve in the case that the program is not technically an auditor
to be eligible for the performance of functions or independent transmission
system and other interests of the non-fulfilment of the obligations of an independent
the transmission system operator; in the case of the appointment or other
provision of a legal person, it is considered that the legal person is professionally
eligible, if the condition of professional competence meets the established
responsible representative. Approves the conclusion of the Energy Regulatory Office
the Treaty, which regulates the conditions for performance of the duties of the auditor of the program, if
the proposed conditions will not allow the performance of the independent exercise of its function
the transmission system operator, or on other non-interest
to carry out the duties of an independent transmission system operator.
(3) the Energy Regulatory Office of appeals approves the program, auditor
where there are reasonable doubts as to compliance with the conditions for revocation of the
features according to the approved contract, which regulates the conditions for the exercise of functions
Auditor program.
(4) If the appointment of the energy regulatory office or other provisions
the auditor does not approve the program, the program has not been established by an auditor.
If the Energy Regulatory Office auditor approves the program, revocation
its function by decision of the Supervisory Board shall not cease.
(5) the auditor responsible For the program or the representative of the auditor of the program
If the auditor program legal person shall apply the provisions of § 58d para. 1,
4 to 6 apply mutatis mutandis. Auditor of the program, in the case of a legal person, shall not
be part of the same group of companies as the operator of the transmission system.
(6) the Auditor of the program is required to
) to oversee the implementation and program the equal treatment,
(b) the fulfilment of the obligations above) to oversee an independent transmission
system according to § 58 para. 8 (a). r) and under section 58 h of paragraph 1. 9,
(c) prepare and publish) manner allowing remote access to the annual
report on the measures adopted to implement the programme of equal treatment and
submit it to the Energy Regulatory Office and the Ministry
(d)) to provide the energy regulatory authority, at least once every half a year,
report on the implementation of the programme of equal treatment and the fulfilment of obligations
Auditor program
(e)) to provide reports and recommendations to the Supervisory Board concerning the program
of equal treatment and its implementation,
(f) notify the Energy regulatory authority) serious violations of the laws and
regulations and the internal rules governing the program equal treatment and
its implementation,
g) to provide the energy regulatory authority reports on business and
the financial relations between the independent transmission system operator
other entities that are part of the same vertically integrated
the natural gas businesses,
(h)) to submit the energy regulatory authority proposals submitted to
the decision of the Board of Trustees of an independent transmission system operator
regarding the 10-year investment plan and the specific investment in
system, and the decision of the Supervisory Board on the proposals,
I) monitor compliance with the programme of equal treatment of legal persons under
§ 58 para. 9.
(7) If the controlling person or persons that are part of the same
a vertically integrated natural gas businesses, vote at the General
meetings or through the vote of the members of the Supervisory Board shall promote the
refusal or suspension of implementation of investment in the system, which should be
According to the 10-year network development plan under section 58 k realized in
over the next 3 years, is the auditor of the program required to make such
report to the Energy Regulatory Office.
(8) the Auditor has the right to participate in the general meeting,
the meeting of the Board or a meeting of Directors, on which the
shall decide on matters belonging to the business management, and meetings
of the Supervisory Board or other bodies established by the statutes. Auditor
the program is required to participate in the meetings and the meetings of the organs of the company
in the first sentence, if the subject of the hearing or meeting of authorities
the company's discussion and decision making about
and conditions for access to the system) according to the Regulation on conditions for access
to the natural gas transmission networks, especially as regards tariffs, services
third-party access, capacity allocation and address the lack of
capacity, transparency, balancing and secondary markets;
(b) measures with regard to traffic) maintenance and development of the transmission system,
including investments in new connections for transmission system expansion
transport capacity and more efficient use of the existing transport
the capacity of the transmission system,
(c) the acquisition or sale of gas) in order to ensure a balance between the amount of
gas entering and leaving the gas system.
(9) the Auditor of a program has the right to consult all documents and memos
concerning the activities of the independent transmission system operator
necessary for the performance of his functions. Auditor of the program has the right, without
prior notice to enter any business premises of the independent
the transmission system operator. An independent transmission operator
the system must provide the auditor with all information and program
supporting documents necessary for the proper performance of its functions and any other necessary
synergy. An independent transmission system operator is required to
become familiar with the program of equal treatment in statutory authority or its
Members, members of the Supervisory Board and all the employees.
§ 58 k
Ten-year plan for the development of an independent transmission system operator
the transmission system
(1) an independent transmission system operator is required to report annually to the
October 31, handle and submit to the Ministry and energy
the regulatory Office of the ten-year plan for the development of the system.
(2) when processing the draft 10-year network development plan is based on
an independent transmission system operator of the current and foreseeable
future gas deals and the demand for it. To this end, the independent
the transmission system operator shall analyse the evolution of the production, supply,
imports and exports of gas, taking into account investment plans of
distribution system connected to the transmission system operators
reservoirs of gas and the development plan of the system throughout the European Union by
The regulation on conditions for access to the natural gas transmission networks.
(3) the subject of a 10-year development plan, the transmission system are
measures to be taken in order to ensure adequate transport capacity
system to meet the requirements necessary to ensure the safety of
the supply of gas. Ten-year plan for the development of the transmission system
and that part) cites the transmission system must be in the following
ten years to build or extend,
(b) all investment in) defines the transmission system, which
the realization of an independent transmission system operator decided, and new
the investment, to be implemented in the next three years,
(c)) provides for terms the realization of investments referred to in subparagraph (b)).
(4) an independent transmission system operator is obliged to consult the
proposal for a 10-year development plan, the transmission system with existing and
any future users of the transmission system, whose legitimate
interests may be contradictory to the development plan system directly affected, and
enable them to submit comments to the proposal. About consultation leads an independent
the transmission system operator record.
(5) an independent transmission system operator submits to the ten-year plan
the development of the transmission system in accordance with the prepared paragraphs 2 and 3, together with the
record of the consultations referred to in paragraph 4 to the Energy Regulatory Office.
(6) the Energy Regulatory Office shall consult the ten-year plan for the development of
the transmission system. To this end it without undue delay after its
receipt shall be published by way of allowing remote access, at least on the
10 working days. Notification of publication of displaying energy regulatory
on the notice board of the Office together with an indication, where possible, with its
development plan of the transmission system to get acquainted and to which it is possible to apply
the comments.
(7) the existing or possible future user of the transmission system, which
legitimate interests may be contradictory to the development plan of the transmission system
directly affected, the Energy Regulatory Office may apply to
the 10-year development plan, the transmission system operator comments with their
justification. The comments, which is a ten-year development plan
the transmission system do not apply or that the person whose legitimate
interests may not be contradictory to the development plan of the transmission system directly
without prejudice to, or comments without justification or put forward after the time limit is
The Energy Regulatory Office. The results of the settlement of comments
the Energy Regulatory Office shall publish a manner allowing remote
access.
(8) the Energy Regulatory Office shall examine the compliance of the ten year plan
the development of the transmission system with the requirements of implementing the investment in
the transmission system put forward in the consultation process referred to in paragraphs 6
and (7) and compliance with the development plan of the system throughout the European Union by
The regulation on conditions for access to the natural gas transmission networks. When
assessing the compliance of a ten-year development plan, the transmission system operator with
system development plan for the entire European Union Energy can
regulatory authority to consult the ten-year plan for the development of the transmission system with the
By the Agency.
(9) does not include the ten-year plan for the development of the transmission system
justified requests for the realization of the investment in the transmission system,
If it is in conflict with the development plan of the system throughout the European Union or
If you suffer from other disabilities, the Energy Regulatory Office operator
the transmission system requires that the ten-year plan for the development of transport
system has changed or removed the defects, and shall set a reasonable time limit to do so.
Decision on changes to the regulation plan and the development of transport
system or other defect removal contains the preamble and is the first
procedural step.
(10) unless otherwise decided by the Energy Regulatory Office on regulation changes
the 10-year development plan, the transmission system operator or delete other
defects within 2 months from the date of its submission to the Energy Regulatory Office,
, a 10-year development plan of the transmission system is complete and without
the defects. After a period of consultation with management by the Agency referred to in paragraph 8, the period
is not running.
Section d
Measures to carry out the investment according to the 10-year development plan
the transmission system of an independent transmission system operator
(1) the energy regulatory office monitors and evaluates the implementation of the
the 10-year development plan, the transmission system.
(2) if the independent transmission system operator shall not take place
investment in the transmission system, which should be based on the 10-year
the development plan of the transmission system is made in a timely fashion
According to § 58 k of paragraph 1. 3 (b). (c)), and is still relevant to the current
the development plan of the transmission system, the Energy Regulatory Office
decide on the
and the realisation of this investment Regulation) within the time limit set by the energy
Regulatory Office,
(b)) to perform a selection procedure on the provision of credit for the financing of
investment in the transmission system and the conditions of such proceedings or
the execution of a bond issue, the independent transmission
system and the conditions of such issue,
(c)) of Regulation capital increase of independent operators
the transmission system and the determination of the conditions of the capital increase;
the provisions of the commercial code on preferential right of shareholders to subscribe for
the new shares shall not apply.
(3) the Energy Regulatory Office saves such measures referred to in paragraph 2,
which, taking into account the circumstances are appropriate, and the best will lead to
the investment in the transmission system. As the case may
The Energy Regulatory Office may decide to save a single measure or
save multiple measures at the same time.
(4) the Energy Regulatory Office measures pursuant to paragraph 2 is not saved, if
an independent transmission system operator demonstrate that the implementation of
investment barrier, which prevents occurred independently of the will of an independent
the transmission system operator and transmission system
system made every effort that can be reasonably require
in order to carry out the investment took place.
(5) the costs incurred by the independent transmission system operators in
the context of the implementation of the investment plan in accordance with its
the development of the transmission system operator shall be regarded as costs to ensure the
the effective performance of the licensed activities under this Act.
§ 58 m
Connect to the transmission system of an independent transmission
System
(1) an independent transmission system operator is required to connect to the
a transmission system, transmission system, equipment distribution
system, gas or gas sampling device if
the applicant filed a request on the realization of investments in the transmission system
in the preparation of the 10-year development plan, the transmission system operator or
consultation conducted by the Energy Regulatory Office and investment induced
connection to the transmission system is in a 10-year development plan
the transmission system included. The provisions of this law
an independent transmission system operator to refuse to connect to
the transmission system operator shall not apply.
(2) the obligation of the connections referred to in paragraph 1 shall cease, if the implementation
investment in the transmission system prevents the obstacle, for which there is no
The Energy Regulatory Office shall be entitled to save independent operators
the transmission system for carrying out the measures referred to in the 10-year investment
the development plan of the transmission system.
(3) the provisions of paragraph 1 shall apply by analogy to the increasing transport
capacity to improve performance of the connected device.
§ 58n
Ownership separation of the transmission system operator
(1) the transmission system operator, which is not part of a vertically
integrated natural gas trader, must be in terms of their
Companion structure independent of the production of electricity or gas production
or trade for electricity or gas.
(2) in order to ensure the independence of the transmission system operator shall be
subject to the following conditions of independence:
and the transmission system operator) is the owner of the transmission system,
(b)) over a transmission system operator or over its undertaking
does not directly or indirectly control a person or group of persons
acting in concert, or that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with a gas or
in relation to them shall apply to any other law,
2. generates electricity or gas or electricity or deal with
gas,
(c)) in relation to the transmission system operator shall not exercise any
another right person or group of persons acting in concert, or
that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with gas,
2. generates electricity or gas or electricity or deal with
gas,
(d) the transmission system operator)
1. alone or acting in concert with other persons does not directly or
indirectly, control over the electricity or gas or by the manufacturer of the trader
with electricity or gas or in relation to them does not apply any other
right,
2. does not produce electricity or gas or electricity or not dealt with
gas, nor is it the owner of the plant, electricity or gas
e) members of the statutory body, the members of the Supervisory Board, the Chief Clerk or members
another body of the transmission system operator specified in the statutes is not
entitled to appoint, elect or otherwise, appoint a person or group of persons
acting in concert, or that
1. exercise control over the electricity producer, producer gas,
trader or dealer with a gas or in relation to them
apply any other right,
2. generates electricity or gas or electricity or deal with
gas,
(f)), a statutory body or a member, a member of the Supervisory Board,
the Chief Clerk or a member of another body of the transmission system operator
the specified statutes is not a person who is a member of the Supervisory Board,
a statutory body or a member of the statutory body, authorized signatory or
a member of another company body designated statutes of electricity producers,
gas producers, merchant or merchant's electricity with gas.
(3) if the person or one of the persons referred to in paragraph 2 (a). b), c), or
e) Czech Republic, territorial self-governing unit or other person, public
rights, not the same person two different State authorities, authorities of the
territorial self or other persons of public law, of which the
one performs a check or other right above the transmission
system and the second carries control or other right over by the manufacturer
electricity or gas or electricity or by a trader with gas, and that
are independent of each other.
(4) the conditions of independence referred to in paragraph 2 shall be deemed to be fulfilled and the
If the transmission system operator shall participate in establishing the
legal entity in order to operate the transmission system in one or
more States or such a person gets the participation and undertake such person
transmission system to operate the service, along with other transport
systems. This does not apply if the business of the legal entity
based in order to operate the transmission system in accordance with the previous sentence
participate in other persons who were not by the competent authorities of the Member States
intended as a just separation of the transmission system operators,
independent system operators or independent operators
transmission system.
(5) a producer of electricity or electricity trader, manufacturer of gas,
a trader with gas must not act alone or in concert with other persons
to exercise direct or indirect control over the transmission
systems, or in relation to him, exercise the voting rights associated with the
the ownership share of the transmission system operator, set up or
refer members of the Supervisory Board, the statutory body or its members or
owning a majority stake.
(6) other right referred to in paragraphs 2 and 3 shall mean, in particular,
and the) right to exercise the voting rights in the company,
(b)) the ownership of the securities, the aggregate nominal
value exceeds 50% of the share capital of the company,
(c)) the right to appoint, elect or otherwise appoint and dismiss the members of the supervisory
the Council, the members of the Board, members of another body of the company
specified in the statutes or Chief Clerk.
§ 59
The distribution system operator
(1) the distribution system operator has the right to
and the connection to) a transmission system or distribution system,
If the conditions are met, the connection
(b)) to information from other participants in the gas market is necessary for
performance of their duties,
(c)) access to the transmission system, the distribution system and other
gas reservoirs under the conditions established by law and to ensure the
the balance between the amount of gas entering the distribution system, and
the amount of gas the withdrawing of the distribution system,
(d)) to set up and operate their own telecommunications network for the control, measurement,
assurance and automation of distribution system operation and to transfer
information for the activities of computing and information systems,
(e)) in accordance with the specific legislation ^ 4 d) to establish and operate a
on foreign real estate gas equipment
(f) to enter, and enter on) foreign real estate in connection with the setting-up,
modifications, repairs and operation of a distribution system, and
gas hook-ups,
g) remove and oklešťovat trees and other vegetation, to carry out liquidation
deleted and okleštěného trees and other crops, threatening
safe and reliable operation of the distribution system in cases where such a
after previous warnings, and has not made himself the owner of a determination of the extent or
the user,
(h)) to enter, in accordance with the specific provisions in a confined space and
equipment used to perform the work and services of the institutions of the Ministry of
defence, Ministry of Interior, Ministry of Justice, Security
information services and to the perimeter of the track, as well as to enter into real estate,
where are located the special equipment of telecommunications, to the extent and
necessary for the performance of the licensed activities,
even in States of emergency use) to the extent necessary gas equipment
customers, for which it performs the distribution of gas,
j) restrict or interrupt gas distribution to the extent necessary in these
cases:
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. in States of emergency or during activities immediately to prevent
their creation,
3. in the implementation of the planned construction work, relocation and the planned
repairs on the equipment the distribution system,
4. the creation and troubleshooting of network devices
5. when the gas sampling devices that threaten the lives, health, or
the assets of the persons
6. an unauthorized collection or unauthorized distribution of gas or
the unauthorized transport of gas,
7. gas sampling, when the customer repeatedly without good reason
did not allow access to the measuring device or neměřeným parts of the sampling
gas equipment, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
way asked,
8. as a result of a restriction or interruption of the transport operator
the transmission system,
9. in the case of the supply of gas from the gas stations, which would have threatened the
safe and reliable operation of the pressure equipment,
to buy gas) to cover losses in the distribution system or for
own consumption; This is not considered trade in gas,
l) to close the gas cap while averting the danger of imminent
a threat to life.
(2) the distribution system operator shall be obliged to establish an easement
to allow the use of foreign real estate or part thereof for the purposes referred to in
paragraph 1 (b). (e)), and it contracted with the owner of the property; in the case of
that the owner is not known or is not identified or because it is proven
unreachable or idle, or to reach agreement with him and are given the
conditions for restriction of ownership rights to the land or to build according to the
a special legal regulation, the competent ^ 4e) expropriation authority decides
on the proposal for a distribution system operator of easement
allowing the use of the property or part thereof.
(3) if the owner or lessee of the property as a result of the exercise of
rights of the distribution system operator referred to in paragraph 1 (b). (d) to (i)))
property damage or if it is restricted in the use of the property, has the right to
reasonable one-time compensation ^ 5), including the costs for the elaboration of
the expert's report. The right to such compensation is to be made with the
distribution system operator, which caused material damage, or
restriction of the use of the property, within 6 months from the date on which the owner about it
or the tenant.
(4) in the cases referred to in paragraph 1 (b). (d)) to (i)) is the operator of
distribution system operators shall be obliged to conserve as much as possible the rights of the owners of the affected
real estate and the entrance to their property to notify them. After the end of the work
is obliged to state the property to its previous state, or if this is not possible
having regard to the nature of work performed, to the State of the corresponding
the previous purpose or use of the property and report this
the fact the owner of the property. After doing the removal or
curtailing the trees is obliged to perform at their own expense liquidation
resulting from slash and debris after extraction.
(5) in the cases referred to in paragraph 1 (b). j) point 3 is the operator
the distribution system shall be obliged to notify the participants of the market, for which it performs the
distribution of gas, the start and end of the restriction or interruption of distribution
gas, but at least 15 days in advance, if market participants concerned
agrees on a period shorter. The planned construction, relocation and repair
in the period from 1. September until 31 December 2006. may the following calendar year can be
perform only after written notice to the affected customers.
(6) in the cases referred to in paragraph 1 (b). j) point 6 is the operator
distribution system operators shall be obliged to restore the gas distribution at the latest after
payment of compensation for damage caused by unauthorised collection or unauthorized
distribution immediately after removal of the causes that led to its
limitation or interruption.
(7) in the cases referred to in paragraph 1 (b). (j)) is entitled to compensation for
damage and lost profit shall be excluded. This does not apply if the operator fails to comply with
distribution system the notification obligation referred to in paragraph 5, or
cases where the disturbance referred to in subparagraph (b)) section 4 demonstrably attributed to
the distribution system operator.
(8) the distribution system operator is also required to
a) to ensure a secure, reliable and efficient operation, maintenance, renewal and
developing the distribution system in the territory defined by the license,
(b)) to ensure distribution of gas on the basis of concluded contracts and in due
the quality,
(c)) to pay by transmission system operators or the operators of the other
the distribution system of the authorized cost of the
the connection to the transmission or distribution system,
(d)) to connect to the distribution system, anyone who so request and meets the
connection conditions,
(e)) to provide distribution of gas to anyone who so requests, and meets the
conditions for access to the distribution system, with the exception of demonstrable
the lack of spare capacity equipment for distribution of gas or
threat to the reliable and safe operation of the distribution system or
the transmission system operator; denial of distribution of gas shall be in writing
and must be justified,
(f)) to ensure the conditions for the neznevýhodňující connection and the access of third
the parties to a distribution system under the conditions laid down in this Act,
g) comply with the parameters and quality indicators of gas supply and
related services,
(h)) to provide the transmission system operator and the operators of
distribution system operators, the operators of gas reservoirs and gas producers
information necessary to ensure interoperability,
and gas measurement) to ensure in the distribution system, including the evaluation of the
and pass the market operator and the participants in the gas market, which provides
distribution of gas, measured and evaluated information
(j)) to handle and transmit the energy regulatory authority information
necessary for the decision on prices for gas distribution,
to) keep separate accounts for the distribution of gas for the purposes of the regulation,
l) ensure gas transport and distribution of gas for the operator
distribution system not connected directly to the transmission system in the range
gas consumption gas market players, whose gas consumption
device is connected to the distribution system,
m) produce daily, monthly, annual and ten-year balance of distribution
system, evaluate it and pass the market operator and the operator
the transmission system,
n) develop within 6 months after the grant of the licence to the distribution of gas
emergency plans, distribution system, to send to the Ministry annually
It is supposed
the report scope and terms) downtime and distribution system
draw attention to the reduction of distribution capacity,
p) establish and operate a technical control room, which provides dispatching
the management of the distribution system,
q) establish and operate sites for monitoring the quality of the gas, if not
for monitoring the quality of gas shall be sufficient space, established and operated
the transmission system operator,
r) provide upon request the supplier of last resort details
the customer and its point of use to the extent necessary to ensure the
the supply of last resort,
to declare a State of emergency with) within their distribution system,
t) annually handle and disclose the expected development
the distribution system, and this for a period of at least 5 years,
u) at his own expense to ensure the connection of your device to another distribution
the system,
in fact having a protection) to ensure the nature of a trade secret
and other commercially sensitive information obtained in the performance of their
activities, including ensuring the protection of data transmitted to the market operator,
w) to handle and present the energy regulatory authority to
approval of the order of the distribution system operator, ensure its
publication and to carry out the licensed activities, in accordance with the order of
distribution system operator,
x) handle and forward to the Ministry and energy regulatory
the Office once a year, by 1. March of the following calendar
of the year, a report on the quality and level of maintenance of the grid system
y) to ensure the promotion of energy services and their offers
customers at competitive prices of energy services,
at the request of the trader) with gas or gas producers to discontinue in
the case of unauthorized sampling gas supply.
§ 59a
Unbundling of distribution system operators
(1) the distribution system operator is part of a vertically
integrated natural gas trader, must be from 1. January 2007 from
in its legal form, organisation and decision making is independent of the other
the activities of the non-gas distribution, gas and transport
gas storage. This requirement does not make a request to the Department
ownership of property.
(2) in order to ensure the independence of the distribution system operator according to
paragraph 1, from 1. January 2007, the following minimum criteria shall apply:
and) persons responsible for managing the distribution system operator with
must not directly or indirectly participate in the organizational structures of the vertically
integrated natural gas businesses, which are responsible, directly or
indirectly, for normal operation of the gas production and gas trade or
electricity; a statutory body or a member, authorized signatory or
the head of an employee of the distribution system operator may not be
an individual who is at the same time a statutory body or a member,
the head or the head of an employee of the licence holder to produce
gas, gas or electricity, which is part of the same
a vertically integrated natural gas businesses,
(b)) must be taken all appropriate measures to ensure that the professional
the interests of the Board or its authorized agents or managers Member,
employees responsible for the management of the distribution system operator
It takes into consideration in a way that ensures their independent action;
the statutory body or its Member, the Chief Clerk or servant
distribution system operator shall not receive any remuneration and other
property transactions by licensees for the production of gas, the gas trade
or electricity within the same vertically integrated natural gas
entrepreneurs; the remuneration of the statutory body or its Member, authorized
the employee or Manager of the distribution system operator shall not be
dependent on the economic results achieved by these other
licensees within the same vertically integrated natural gas
entrepreneurs,
(c)) the distribution system operator must have a real
decision-making rights in relation to the assets needed for the operation,
the maintenance and development of distribution system, which is independent of the
vertically integrated gas businesses; the parent company
the distribution system operator shall not grant any instructions
regarding the normal operation or maintenance of the distribution system, and also
must not in any other way interfere with decisions on the construction or
modernising parts of the distribution system, if such a decision is not
beyond the scope of the approved financial plan, or any other similar instrument;
This does not affect the permissions of the parent company to approve the annual
the financial plan, or any other similar tool distribution
system and to approve its maximum levels of debt.
(3) the distribution system operator shall adopt internal regulation
the program, which provides for equal treatment
and) measures to discriminatory conduct of the operator
distribution system in relation to the gas market participants who are not
part of the same vertically integrated natural gas trader with
distribution system operator,
(b) the rights and duties of employees) distribution system operator to
fulfill the purposes of the program of equal treatment.
(4) the distribution system operator shall appoint or otherwise shall designate
Auditor program. The distribution system operator shall be obliged to
ensure that the auditor program had created the conditions for an independent
the performance of its functions, in particular, adequate powers to perform its functions and
sufficient material and organizational conditions. The method of remuneration
the auditor may not be to the detriment of the independent performance of his functions.
(5) the Auditor of the program is required to supervise the implementation of the programme of equal
treatment. Auditor of the program processes and presents up to 30. April
the following calendar year to the Energy Regulatory Office and the
the Ministry's annual report on the measures taken to implement the programme
equal treatment for the past year. The annual report shall be published at the same time
manner allowing remote access. The distribution system operator
the auditor must provide the program with all the information and supporting documents
necessary for the proper performance of his activities, and any other necessary assistance.
The distribution system operator is required to meet with the program
equal treatment of the statutory body or its members, the members of the Supervisory Board
and all the employees.
(6) the distribution system operator shall not 1. January 2007, keep
shares in other legal entity that is the holder of a licence for the production of
gas, gas or electricity.
(7) the statutory body or its Member, the Chief Clerk or Manager
employee of the distribution system operator shall not 1. January 2007
hold market shares exceeding 1% of the capital in another legal entity
within the same vertically integrated natural gas businesses, which
is a licensee for the production of gas, the gas trade, or with
electricity.
(8) from 1. January 2007, the distribution system operator shall not enter into
the contract for the subjugation of the uniform management of another licensee
on gas production, gas or electricity even in such proceedings
under the control of the contracts already concluded to continue.
(9) if the obligation of separation of activities under this Act made
lease of a holding or part of it, the renter is obliged to take over leased
undertaking or its part in its accounts. If it is the obligation of the Department
under this Act, made the rent of an individual asset, the
the landlord must give the tenant information about the value of the leased
assets to the extent required for the purposes of the Energy Regulatory Office
price regulation.
(10) Department of activities under this Act is not required for vertically
integrated natural gas entrepreneur who provides services for
less than 90 000 customers.
(11) on the possibility of the inclusion of the demonstrable effects of the minimum eligible costs
incurred by the holder of the license to distribute gas in connection with the implementation
the obligations of the Department of distribution system operator in regulated
prices may decide the Energy Regulatory Office.
(12) the distribution system operator is part of a vertically
integrated natural gas businesses, must act so that he did not put in
a mistake by another participant of the gas market, if it is a possible confusion with
a trader with a gas or the manufacturer of the gas, which is part of the same
a vertically integrated natural gas business.
section 60
The operator of a tank of gas
(1) the operator of the storage tank has the right
a) set up and operate their own telecommunications network for the control, measurement,
assurance and automation of operation of gas storage and transfer
information for the operation of the computer technology and information systems,
(b)) in accordance with the specific legislation ^ 4 d) to establish and operate a
on foreign real estate gas equipment
(c)) to enter and enter the foreign real estate in connection with the setting-up
and operation of a gas storage,
d) remove and oklešťovat trees and other vegetation, to carry out liquidation
deleted and okleštěného trees and other stands against the
safe and reliable operation of gas storage in cases where the
previous warnings, and has not made himself the owner of a determination of the extent or
the user,
e) to enter, in accordance with special legislation to closed
space and equipment to carry out the activities and services of the institutions
The Ministry of defence, the Ministry of Justice and to the perimeter track,
as well as to enter into real estate, where are located the special equipment
telecommunications, to the extent and in the manner required for the performance of the licensed
activities,
f) limit or discontinue the extent necessary activities related to the
storage of gas in the following cases:
1. when the immediate danger to life, health or property of persons and
the destruction of these States,
2. in States of emergency or during activities immediately to prevent
their creation,
3. in the implementation of the planned renovations and planned repairs on
equipment for gas storage,
4. the creation and troubleshooting storage devices
gas,
5. unauthorized or unlawful storage of gas
g) to connect your device to a transmission system or distribution
the system of connection under the specified conditions,
(h)) to purchase gas to cover the losses of their own in the stack gas or for
own consumption or for the purpose of creating and maintaining basic fillings
the stack gas and sell gas to the extent of the obligations imposed by this
the law; This is not considered trade in gas,
I) information necessary for the performance of their duties from other
participants in the gas market.
(2) the operator is required to establish a gas easement
to allow the use of foreign real estate or part thereof for the purposes referred to in
paragraph 1 (b). (b)), and it contracted with the owner of the property; in the case of
that the owner is not known or is not identified or because it is proven
unreachable or idle, or to reach agreement with him and are given the
conditions for restriction of ownership rights to the land or to build according to the
a special legal regulation, the competent ^ 4e) expropriation authority decides
on a proposal from the operator stack gas easement
allowing the use of the property or part thereof.
(3) if the owner or lessee of the property as a result of the exercise of
gas storage operator rights pursuant to paragraph 1. a) to (e))
property damage or if it is restricted in the use of the property, has the right to
reasonable one-time compensation ^ 5), including the costs for the elaboration of
the expert's report. The right to such compensation is to be made with the
the operator of the storage tank, which caused material damage, or
restriction of the use of the property, within 6 months from the date on which the owner about it
or the tenant.
(4) in the cases referred to in paragraph 1 (b). a) to (e)) is the operator of
the storage tank shall be obliged to conserve as much as possible the rights of the owners of the affected
real estate and the entrance to their property to notify them. After the end of
work is required to bring the property to its previous state, or if it is not
possible with regard to the nature of work performed, to the State of the corresponding
the previous purpose or use of the property and report this
the fact immediately to the owner of the property. After doing the removal
or curtailing the trees is obliged to perform at their own expense liquidation
resulting from slash and debris after extraction.
(5) in the cases referred to in paragraph 1 (b). f) point 3 is the operator
stack gas shall notify customers, for which storage
gas, the start and end of the restriction or interruption of activities associated with
storage of gas, but at least 30 days in advance.
(6) in the cases referred to in paragraph 1 (b). (f)) is the operator of
the storage tank shall be obliged to restore the activities associated with the storage of gas
immediately after removal of the causes that have led to restrictions or
the interrupt.
(7) in the cases referred to in paragraph 1 (b). (f)) is entitled to compensation for
damage and lost profit shall be excluded. This does not apply if the operator fails to comply with
gas storage obligation of notification under paragraph 5 or malfunction
demonstrably resulted from gas storage operator.
(8) the operator of a tank of gas is also required to
a) to ensure a secure, reliable and efficient operation, maintenance, renewal and
the development of gas storage,
(b)) to ensure that gas storage on the basis of contracts concluded,
(c)) to pay by transmission system operators or the operators of the
the distribution system of the authorized cost of the
connect your device to this system,
(d)) to provide transmission or distribution operator
system, on which its gas storage device connected,
the information necessary to ensure interoperability,
(e) to ensure the measure is passed) and the assumed gas and transmit
the necessary data for zúčtovaní deviations of the market operator and the participant
gas market, for which it provides gas storage,
f) keep separate accounts for gas storage,
g) draw up daily, monthly, annual and ten-year balance of capacity and
gas storage performance, evaluate it and pass the market operator and
the transmission system operator,
h) to draw up within six months after the granting of the licence on gas storage
emergency plan for gas storage under this Act, send it
the Ministry and annually specify
I) disclose the scope and terms of downtime for storage
gas and notify you of the expected reduction in storage capacity,
j) establish and operate a technical control room, which is responsible for
supervisory control of the stack gas,
to ensure that the conditions for neznevýhodňující) access to gas storage for
the conditions laid down by law and allow access to gas storage
to anyone who so requests, and meets the conditions of access, with the exception of
the case of demonstrable lack of free capacity
gas storage or when the threat to the reliable and secure operation of the
gas storages; any refusal of access to the gas tank must have a
be in writing and must be given
l) sell gas gas market participant, not the stored gas
of the reasons for the gas market participant excavated from the stack
gas to the termination of the contract,
m) to declare emergency under the gas tank,
n) annually handle and disclose the expected development of the stack
gas, and this for a period of at least 5 years,
to ensure the protection of the facts having) the nature of the trade secret
and other commercially sensitive information obtained in the performance of their
activities,
p) to handle and present the energy regulatory authority to
the approval of the Regulations of the operator of the storage tank, after the approval ensure its
publication and to carry out the licensed activities, in accordance with the order of
the operator of the storage tank,
q) to handle and transmit to the Ministry and energy regulatory
the Office once a year, by 1. March of the following calendar
of the year, a report on the quality and level of maintenance of equipment, gas storage
r) to comply with the parameters and quality indicators of gas supply and
related services,
s) publish information relating to the operation of the stack gas
are necessary for effective competition and the efficient functioning of the market
gas and that are not the subject of a trade secret; This does not affect
the obligation under the letter o).
§ 60a
Department of gas storage operator
(1) the operator of the storage tank, if it is part of a vertically
integrated natural gas trader, must be in its legal
form, organisation and decision making is independent of the other activities
non-transportation, storage and distribution of gas. This
the request does not indicate a requirement for the separation of the ownership of assets.
(2) in order to ensure the independence of the gas storage operators by
paragraph 1, the following minimum criteria shall apply:
and) persons responsible for the management of the operator of the storage tank must not be
directly or indirectly involved in the organisational structures of the vertically
integrated natural gas businesses, which are responsible, directly or
indirectly, for normal operation of the gas production and gas trade or
electricity; a statutory body or a member, authorized signatory or
the head of an employee of an operator of the storage tank cannot be natural
a person who is at the same time a statutory body or a member,
the head or the head of an employee of the licence holder to produce
gas, gas or electricity, which is part of the same
a vertically integrated natural gas businesses,
(b)) must be taken all appropriate measures to ensure that the professional
the interests of the Board or its authorized agents or managers Member,
employees responsible for the management of the operator of the storage tank was
been taken into account in a manner that ensures their independent action;
the statutory body or its Member, the Chief Clerk or servant
gas storage operators shall not receive any remuneration and other
property transactions by licensees for the production of gas, the gas trade
or electricity within the same vertically integrated natural gas
entrepreneurs; the remuneration of the statutory body or its Member, authorized
or the head of the operator of the storage tank must not be
dependent on the economic results achieved by these other
licensees within the same vertically integrated natural gas
entrepreneurs,
(c)) the operator must have a real gas
decision-making rights in relation to the assets needed for the operation,
the maintenance and development of gas storage, whose performance is independent of the
vertically integrated gas businesses; the parent company
gas storage operators may not afford any guidance on the
normal operation or maintenance of the storage tank, and must also not be any
Another way to intervene in the decision-making about the construction or upgrade parts
the storage tank, if such a decision does not go beyond the scope of the approved
financial plan, or any other similar instrument; This does not affect
the permissions of the parent company to approve the annual financial plan, or any other
the like operator tool stack gas and approve its
the maximum levels of debt.
(3) the operator of a storage tank must adopt internal regulation
the program, which provides for equal treatment
and) measures to discriminatory conduct of the operator stack
gas in relation to the gas market participants who are not part of the same
a vertically integrated natural gas trader with the operator
gas storage,
(b)) the duties and rights of employees of the operator of the storage tank for the
compliance with the programme of equal treatment.
(4) the operator of the storage tank shall be appointed by or otherwise appoint auditor
program. The operator of the storage tank is required to ensure that the auditor
the program had created conditions for independent performance of their functions, in particular
sufficient powers to carry out its functions, and sufficient material and
organizational conditions. The method of remuneration of the auditor of the program should not be on
injury to the independent exercise of its functions.
(5) the Auditor of the program is required to oversee the implementation of the programme
of equal treatment. Auditor of the program processes and presents up to 30. April
the following calendar year to the Energy Regulatory Office and the
the Ministry's annual report on the measures taken to implement the programme
equal treatment for the past year. The annual report shall be published at the same time
manner allowing remote access. The operator of a tank of gas is
the auditor must provide the program with all the information and supporting documents
necessary for the proper performance of his activities, and any other necessary assistance.
Gas storage operator is obliged to become familiar with the program of equal
treatment of statutory authority or its members, the members of the Supervisory Board and the
all the employees.
§ 61
A trader with a gas
(1) a trader has the right gas
and buy gas and sell) it to the other participants in the gas market,
(b)) to purchase gas from other States and sell gas to other countries,
(c)) access to coal gas pipeline, transmission system, distribution
systems, containers of gas in terms of this Act,
d) terminate or interrupt gas supply to the customer against unauthorized
gas sampling,
(e) the provision of information from) the market operator, transmission
system operators and distribution system operators necessary to Bill
the supply of gas to customers whose gas sampling device is connected
to the transmission or distribution system,
(f) to provide the necessary information) for the performance of their duties from the
other participants in the gas market.
(2) gas trader is obliged to
and) produce daily, monthly, annual and ten-year trade balance, and
including data on gas exports from the United States and imports of gas to
The United States, with an indication of the gas resources, evaluate them and forward
together with monthly data on the number of its customers with an annual consumption of
less than 400 thousand. M3, who changed gas supplier market operator
and the transmission system operator,
(b) in the case of) to drive the Declaration of a State of emergency instructions maintenance at the
the relevant operators,
(c) comply with the balance between the amount of) gas, which is his natural gas
system supplied and the quantity of the gas from the gas system
removes,
(d)) to ensure that customers who supplies gas, safe and
reliable supply in compliance with a safety standard,
(e)) provide the transmission system operator, operator
distribution system or operator of a storage tank information
necessary to ensure the operation and development of the gas network,
(f)) to carry on business supplier of last resort under section 12a,
g) charge separately for the gas supply of last resort,
(h)) to comply with the parameters and quality indicators of gas supply and
related services,
I) forward the market operator the necessary information for the fulfilment of the obligations
the market operator under section 20a,
j) to register within 30 days after the grant of a licence to trade gas for
the market operator; by signing up for the gas becomes
a registered participant in the market,
to ensure the promotion of energy services) and their offers
customers at competitive prices of energy services,
l ensure information to their customers), in a manner allowing remote
access checklist of European energy consumers
drawn up by the Commission and published the Energy Regulatory Office,
m) in the case of exercise of the right of the customer to change gas supplier to communicate
the customer, who has filed a notice of termination of the contract, the object of which is the
the supply of gas, the date of termination of this agreement, if the information about the start and
the length of the period of notice is not provided in its terms and conditions.
§ 61a
The temporary suspension of the obligation to allow third party access
(1) If a trader with gas as a result of the use of the provisions of this
the Act, which relate to the obligations of the holder of the licence for the production of gas,
gas, gas distribution, gas storage, allow access
third-party software to the device on which the licensed activity is exercised,
rise to the serious economic problems, which it closed origin
the Treaty, in which the trader shall reimburse the contracted gas
the quantity of gas, regardless of whether it's actually went (hereinafter referred to as
"take-or-pay contract"), has the right to bring the energy to the regulatory
the authority for issuing a decision on the temporary suspension of the obligation
the transmission system operator, the distribution system operator,
the operator or the manufacturer of the storage tank to allow access of third
Parties to the transmission system, distribution system, the storage tank or
the extractive gas pipeline (hereinafter referred to as "temporary suspension").
(2) a written request for temporary suspension shall contain
a) trade name or name of a legal person, its seat, the identification
number, if assigned, and data about its statutory authority, the physical
a person's first and last name, or business name, social security number and
identification number, if one has been assigned, or date of birth, and
residence,
(b) the establishment or designation) the designation of the assigned area, for which the issue
decision on temporary suspension requested, the extent to which it is for the
designated establishments or designated territory of the decision on the temporary
the suspension of the required and desired period of validity of the decision on the
temporary suspension,
c) certified copy of the relevant contract take-or-pay,
d) specification of economic and financial issues that an applicant for a
temporary suspension resulting or likely to result from the contract take away
or-pay commitments,
e) description of the steps that an applicant for a temporary suspension has made prior to
request to reduce or turned away the risk of economic and financial
issues that arise for him or might result from the contract
take-or-pay.
(3) an applicant for a temporary suspension is obliged to submit the energy
the regulatory authority a written application referred to in paragraph 2, no later than 4 months
prior to the required date the application of a temporary suspension. For each of the
take-or-pay contract can the energy regulatory office after assessment of the
decide on the temporary suspension of the application only once. If
However, the or may arise significant economic or financial problems
another character, which have origins in the same take-or-pay contract, for
that was a temporary suspension already granted, the energy regulatory
the authority shall decide on the temporary suspension of the contract or for one take
pay more.
(4) The granting of a temporary suspension is not a legal right. Energy
the regulatory authority shall take into account in the assessment of applications to the following criteria:
and) compliance with State energy policies,
(b)) the severity of the economic and financial difficulties, which the applicant for
temporary suspension of face,
(c) to achieve the objectives of the competitive environment) on the gas market in the Czech
Republic, the actual state of competition in this market and the impact of,
that would be any decision on temporary suspension would have on the opening
the gas market in the Czech Republic,
(d)) position of applicant for temporary suspension of the natural gas market,
(e) the date of signature and conditions) of the contract concerned take-or-pay, including
to the extent that this agreement provides for possible changes in the gas market in the
The Czech Republic,
(f)) of the applicant for temporary suspension of steps leading to avert the risk of
Economic and financial problems arising from the contract take away
or-pay commitments,
g) to the extent that at the time of concluding the contract could take-or-pay
an applicant for a temporary suspension to assume serious economic
or financial problems deriving from it,
h) degree of technical and functional link network concerned or
stack gas or coal gas pipeline with the rest of the gas
system of the Czech Republic,
I) opinions of the ministries, the Office for protection of competition and
the operators of the affected systems, reservoirs and offshore gas pipelines,
who are the neopomenutelnými parties to the administrative proceedings
temporary suspension.
(5) the decision on the grant of a temporary suspension shall take the form of administrative
decision and shall include in particular:
a) trade name or name of a legal person, its seat, the identification
number, if assigned, and data about its statutory authority, the physical
the person's name and surname or business name, social security number and identification
If the number has been assigned, or date of birth, and place of residence,
(b)) the duration of a temporary suspension,
(c) the scope of the application of a temporary suspension),
(d)) the justification for a temporary suspension.
(6) the decision to grant a temporary suspension, announces the energy
regulatory authority, the parties and the Commission.
(7) if the Commission so requests within 8 weeks from the date of delivery of the decision on the
temporary suspension amendment or cancellation, the energy regulatory
the authority of such a decision on the grant of a temporary suspension shall repeal or
changes. When you cancel or change the decision of the Energy Regulatory Office shall ensure that
to rights acquired in good faith has been the least affected.
§ 62
Customer
(1) the customer has the right to
and their consumption of gas) connecting the device to the transmission or
distribution system, subject to the conditions, if the connection to the
the consent of the owner of the immovable property concerned connection,
(b)) change of the supplier selection and free gas,
(c) the agreed quantity of gas), if it has a contractually guaranteed and
If this activity has concluded a contract with the provider of the transport
system or distribution system and if technical conditions
the transmission or distribution system enable you to,
(d) the establishment of a direct pipeline for) the conditions laid down by law,
e) access to the transmission system, distribution system, to the stack
gas under the terms of this Act.
(2) the customer is obliged to
and gas producers or) pay by transmission system operators or
the distribution system operator of the authorized
the cost of connection,
(b)) to enable the installation of instrumentation, transmission or
distribution system to which it is connected,
(c)) to ensure access to the measuring device the operator to the competent
system to which it is connected,
(d)) follow the instructions of the technical maintenance at the transmission
system operator or distribution system operator,
(e)) to pass the market operator for the supply of gas monthly figures, which
provides abroad or contact the manufacturer of the gas,
(f) gas consumption equipment) to maintain in such a condition that did not happen
the cause of the threat to the life, health or property of persons, and in the case of detection of
glitches removed this without undue delay,
g) when construction work or part of the distribution system, including
connections allow you to change the place of connection, including changing the location of the main
gas and measuring devices on the publicly accessible areas; the cost of
the changes shall be borne by the distribution system operator,
h) in the case that ensures gas supply itself, and does not
household, provide the transmission system operator, operator
distribution system or operator of a storage tank information
necessary to ensure the safe and reliable operation of the gas
system,
I) pay the supplier of last resort supply gas under section 12a,
from the time of the initiation of this shipment,
j) when exercising the right of option of the supplier referred to in paragraph 1 (b). (d))
to comply with the agreed length of the notice period, if it is a fixed-term contract
an indefinite period.
(3) the customer who takes care of the gas itself, is obliged to
and comply with the balance between the amount of) gas to natural gas
the system is supplied and the quantity of gas from the gas system
removes,
(b)) to pass the market operator the necessary information for the fulfilment of the obligations of the
the market operator under section 20a.
(4) the owner of the property to which the customers in this real estate
supplied gas on the basis of the Treaty, it is required to
and to this delivery),
(b) maintain the common gas sampling) device used for this shipment
in a State that corresponds to the legal regulations, technical standards and
technical rules and allows safe and reliable gas supply
so that happened cause of danger to life, health or property of persons and
in the case of detection of this immediately,
(c) the distribution system operator) to allow access to this
supply of equipment and to ensure the maintenance of this equipment.
(5) common sampling gas equipment for the gas supply in one
the property is part of the real estate.
§ 63
cancelled
§ 64
Technical natural gas control rooms
(1) the safe and reliable operation of the gas system ensure
dispatching gas entrepreneurs.
(2) Flexible gas entrepreneurs are obliged to mutually
to cooperate and provide the necessary information for supervisory control.
(3) in States of emergency on the whole territory of the State and activities immediately
to prevent their creation are the instructions of the control room operator
transmission system operators take precedence over the instructions of maintenance at the
distribution system operators and operators of storage tanks and control manufacturers
gas. Instructions operator's local distribution dispatching
system to which it is connected more than 90 000 customers, are
take precedence over the instructions of the control centre operators, distribution system operators,
the instructions of the control room operators of gas reservoirs and dispatch instructions
gas producers on this system.
§ 65
Direct pipeline
(1) the customer is able to deliver gas directly from the transmission system operator or
gas production, or from a natural gas facility outside of the gas system
The United States, and it's a direct pipeline.
(2) the customer is entitled to set up direct pipelines only if he
access was denied to a distribution system or a transmission system.
(3) the operator of a direct gas pipeline is required to
and) enable the transmission system operator or operators
distribution system to install measuring equipment and pay the cost of
This installation,
(b)) follow the instructions of the competent technical gas control,
(c)) to ensure operation, maintenance and repair of a direct pipeline to
not become the cause of danger to life, health or property of persons.
§ 66
Pipeline connection
(1) the Gas connection must be established and operated in accordance with the
the connection agreement.
(2) the costs of setting up a pipeline connection is paid by the person in whose favour
It was established. The owner of the connection is the one who has paid the cost of the her
the establishment.
(3) the owner of the pipeline connections is required to ensure its operation,
maintenance and repairs so that it does not become the cause of danger to life, health or
assets of the people.
(4) the operator of a transmission system operator or relevant
the distribution system is required to for consideration pipeline connection
operate, maintain, and repair, if its owner in writing
so requests.
§ 67
Construction of selected gas devices
(1) construction of selected gas devices is only possible on the basis of
State authorization (hereinafter called "authorization"), on which the grant is decided by the
by the Ministry. The rerouting of the selected gas equipment or
construction, in which there is no change in the technical parameters, the
authorization is not required.
(2) the selected gas devices are
and) direct gas pipelines,
(b) gas tanks)
(c) gas pipelines connecting the gas system) with foreign
gas systems,
(d) the pressure of the gas level) higher than 0.4 MPa,
(e) the production of gas).
(3) the authorization is not transferable to any other legal or natural person and
awarded for the period specified in the request, a maximum of 5 years from the date of
grant, with the option of an extension at the request of the holder.
Application for renewal of authorization must be submitted at least 6
months before it expires.
(4) On granting authorization for the construction of selected gas devices is not
a legal claim. In the granting of authorization shall be assessed, in particular, the effectiveness of
and efficiency of the available energy resources ^ 11) and the importance of the project
for the internal gas market ^ 11).
(5) the Ministry is in cases in which grants authorization, the concerned
the authority competent to issue binding opinions when locating and
authorisation of buildings under special legislation ^ 24).
(6) a written request for the granting of authorization by the Ministry of
the applicant for the grant of the authorization must contain the
a) trade name or name of a legal person, its seat, the identification
number, if assigned, and data about its statutory authority, the physical
the person's name and surname or business name, social security number and identification
If the number has been assigned, or date of birth, and place of residence,
(b) the period of validity of the authorization),
(c) the characteristics of the selected gas) the desired device,
(d) the location of the selected) anticipated the gas equipment,
(e)) the opinion of the Ministry of the environment, that the selected gas
the device responds, if provided for by a special law, the law on
environmental assessment environmental protection, ^ 8)
(f) the opinion of the competent) the transmission system operator or
distribution system that are agreed upon the terms of connection to this
the system,
g) demonstrate a refusal of access to the transmission system or distribution
system in the case of the construction of a direct pipeline,
h) documents proving the financial prerequisites for the construction of the selected
gas equipment,
I) for natural gas pipelines linking gas system with foreign
gas systems documents proving ensure bi-directional
capacity or a reasoned request for an exemption from this requirement.
(7) Financial assumptions is the ability of the natural or legal person
applying for the grant of authorization to secure proper start and finish dates
the construction of selected gas equipment and the ability to secure the implementation of the
the resulting obligations.
(8) the financial standing is proving, in particular, assets and
the volume of available financial resources, financial statements certified by the
Auditor, including its annex in its entirety in the case that the natural
or legal person engaged in the previous accounting period
business activity.
(9) the holder of the authorization shall be obliged to immediately notify the
the Department of any changes in the data referred to in the decision on the
authorization or other serious data related to authorization.
(10) the decision granting the authorization must take the form of administrative
decision and shall include, in particular,
a) trade name or name of a legal person, its seat, the identification
number, if assigned, and data about its statutory authority, the physical
the person's name and surname or business name, social security number and identification
If the number has been assigned, or date of birth, and place of residence,
(b) the period of validity of the authorization)
(c)) for the construction and the estimated date for starting the operation,
d) basic information about the selected gas devices
(e)) position of the selected gas equipment.
(11) the Ministry keeps records of granted authorization.
(12) the Authorization shall expire
and, on the expiration of the period), which was granted, if not on the basis of
the request of the holder of the authorization for its extension,
(b)) for natural persons death or declaration of death of the holder
authorization,
(c)) the release of the bankruptcy decision regarding the assets of the holder of the authorization, or
insolvency was rejected because the assets of the holder of the authorization
It is not sufficient to cover the costs of the insolvency proceedings,
(d) the dissolution of the legal person) who is the holder of the authorization,
e) based on application by the holder of the authorization, the authorization granted by the cancellation,
(f)) by the Ministry of the withdrawal of authorization for serious non-compliance with
conditions for the granting of the authorization including the entry of the holder of the authorization
into liquidation.
§ 67a
Exceptions to the obligations for access for new gas equipment
(1) in the case of the construction of part of the transmission system, which is intended to serve
exclusively for transmission system link with foreign shipping
system or link foreign transmission system among themselves
(hereinafter referred to as "gas interconnector"), construction of the storage tank or in the
the case of a significant increase in transport or storage capacity has already
operated by the linker, the gas pipeline or gas storage can
The Energy Regulatory Office may decide to suspend the obligations
allow the connection to such a device, allowing access to the system for
regulated prices, the transmission system operator's obligations
under section 58a to 58n this law or restricting the obligation to allow the
access to gas storage in terms of this Act (hereinafter
"the temporary restrictions"). Temporary restrictions may apply to the entire
capacity or only a portion of the capacity of the gas equipment that is
the subject of the assessment. The Energy Regulatory Office shall inform the Commission of the
submission of the application for exemption and passes a copy of the request for the exception taken
immediately after the request for an exception to the Energy Regulatory Office
It has arrived.
(2) the application for a temporary limit on the draft rules for the
allocation and management capacity and congestion management of gas
device.
(3) the draft rules for capacity allocation and management and control
exceeding the capacity of the gas equipment may be given to the energy
the regulatory body also separately before the application for the temporary
the restrictions. If the Energy Regulatory Office shall approve the draft rules for the
allocation and management capacity and congestion management of gas
device before the application for a temporary limit and the applicant shall take place
the offer of the gas equipment in accordance with the decision of the energy
the regulatory authority no later than 3 months before the application for the temporary
limitation, the provisions of paragraph 2 shall not apply. In this case, is
the application for a temporary limit on the results menu
the capacity of the gas equipment. When deciding on the approval of the rules for
allocation and management capacity and congestion management of gas
device before the application for a temporary limit on the provisions of paragraph
4 apply mutatis mutandis.
(4) an applicant for a temporary limit must demonstrate that
and the construction of a gas pipeline or linker) tank of gas or a substantial
increase their capacity will improve competition in the area of
the gas industry and to increase the safety and reliability of gas supply,
(b)) the risk associated with the investment is such that the investment would not without granting
There were no exceptions, in particular where there is a justified fear that without temporary
the restrictions could not be achieved within a reasonable period of return
investments,
(c) the owner of the connection or pipeline) storage tank will be natural
or legal person who is not at the same time the operator of some of the
propojovaných systems or operator of the system to which you want to be
gas storage is connected,
(d) use or connection pipeline) gas storage will be for remuneration,
(e)) is not compromised by temporary limitations or restrictions of
competition in the gas industry or the proper functioning and development of the
the internal gas market, and also there will be threats to security and
the reliability of the operation of a system or systems to which it is to be
the Baltic gas interconnector or gas storage is connected to.
(5) the energy regulatory authority the proposal referred to in paragraph 2 of the decision in
part of the case shall be approved if the proposed rules for the allocation and management
capacity and congestion management for gas equipment
neznevýhodňujícím way lets
and those interested in the capacity of) the gas equipment of this capacity to apply and
to book it, including the capacity of the gas equipment for your own
the need for,
(b)) to offer unused capacity on the market with the gas equipment capacity and
(c) users of the gas equipment trade) with capacities on the secondary
market capacity.
(6) at the request of the applicant the Energy Regulatory Office for the temporary management
restrictions on the period strictly necessary to effect the supply of capacity
the gas equipment to interested parties and the evaluation of its results according to the
the rules approved under paragraph 5.
(7) the Energy Regulatory Office shall decide on the temporary restrictions based on
an assessment of the fulfilment of the assumptions referred to in paragraph 4, assess the need for
the construction of the gas pipeline or gas connection stack for the development
the gas system, gas equipment capacity menu results
under paragraph 6, and in the case of connecting gas pipelines also based on
the results of the consideration of requests for temporary restrictions with factually relevant
authorities of the Member States, to which the connection is to be a transmission system
the pipeline is connected to the transmission system or the connection has
gas pipeline link. In so doing, take account of the opinion of the Agency, may. Condition
for the issuance of the decision establishing the Energy Regulatory Office of the request for
temporary restrictions, the concurring opinion of
safety and reliability of gas supply in the Czech Republic.
The Ministry will issue an opinion within 20 days from the date of receipt of the request.
(8) if the gas interconnector, that is the subject of
one construction project, on the territory of more than one Member State,
The Energy Regulatory Office shall consult the request for a temporary limit with all
regulatory authorities concerned, and
and if the regulatory authorities) have reached a consensus on the assessment of the application for
temporary restrictions within 6 months from the date when it received the last of them,
The Energy Regulatory Office shall decide on the request and the decision shall inform the
The Agency, the
(b)) if the regulatory authorities of the States concerned have reached agreement on the
the assessment of the application for a temporary limit to 6 months from the date on which it received the
the last of them, or if the regulatory authorities of the States concerned so request
The Agency of the decision in the case, the energy regulatory office request
temporary limitations refer to the Agency.
(9) after a period of consultation with the regulatory authorities concerned the time limit for the issue of
the decision is not running. The Energy Regulatory Office may, together with the other
the regulatory authorities of the States concerned may ask the Agency for an extension of time
pursuant to paragraph 8 (a). and) not exceeding 3 months.
(10) the energy regulatory office in the decision on the temporary limits, determined by
the duration of the temporary restrictions, and the amount of capacity, which are temporary
the restriction does not apply. If it is reasonable having regard to the size of the additional
the capacity to be built or change the size of the existing
capacity, the time horizon of the project and the conditions in the gas market in the Czech
Republic, the Energy Regulatory Office also lays down the conditions for access
to the linked pipeline.
(11) If the Energy Regulatory Office shall decide on the temporary restrictions, is
shall immediately forward to the Commission a copy of the written copy of the
decision, including a summary of the case. If the Commission requests additional
information or documents and the Energy Regulatory Office such information
or documents within the time limit fixed by the Commission shall not provide, it is considered that the
Energy Regulatory Office a copy of the written copy of the decision on the
the request for a temporary limit on the Commission is not, unless before the expiration of such
deadline for its renewal on the basis of the agreement of the Commission and
The energy regulatory office or before the Energy Regulatory Office
the expiry of the Commission, that the copies of the written copy of the
decision to forward all information and documents necessary for the decision of the
The Commission, and provide proof of that fact.
(12) if the Commission decides within 2 months of receipt of the copy of the
a written copy of the decision or within the time extended pursuant to
paragraph 11 of that decision on the temporary restrictions changed,
Energy Regulatory Office performs a new procedure and issue a new decision
in the case. If the Commission decides within the time limit under the first sentence that is to be
the decision on the temporary restrictions lifted, the Energy Regulatory Office
the decision on the temporary restrictions. The time limit for the issuance of a new decision
in the case or the cancellation of the decision that the limit is 1 month from the
notification of the decision of the Commission.
(13) the decision concerning the provisional restriction ceases to be valid if the structure
gas connection gas pipeline or tank or increase their
capacity has not been commenced within 2 years after the date on which the Commission has granted consent to
decision by the Energy Regulatory Office concerning temporary restrictions. If it was
construction started in the first sentence, ceases to be a decision on the temporary
restrictions on the validity, if within 5 years from the date on which the Commission granted a
acceptance of the decision by the Energy Regulatory Office concerning the provisional
restrictions, not gas interconnector or the gas tank or their
the change put into operation. This does not apply if the Commission decides to
extension of the period of validity of the consent with the decision of the energy
regulatory authority with a temporary restriction.
(14) the Energy Regulatory Office may revoke the decision on the temporary
restrictions, if the applicant does not comply with the conditions of the temporary restrictions, which
Energy Regulatory Office in the decision concerning the provisional restriction set.
Proceedings for cancellation of the decision on the temporary limitation may Energy
regulatory authority commence within 1 year of fact finding by the phrase
the first, at the latest, however, within 5 years, when these facts occurred.
§ 68
Protective zone
(1) the Gas facilities are protected by protective zones to ensure the
their safe and reliable operation. The protection zone shall
legal force of the decision of the territorial location of the building or land use
consent with the location of the building, if it is not in accordance with the building Act
not one of these required documents, then the date of entry of the natural gas
the device into operation.
(2) protective zone for the purposes of this Act, a contiguous space
in the immediate vicinity of the gas equipment which shall be:
and at low pressure and medium pressure) gas pipelines and gas hook-ups,
which distributes gas in a built-up area of 1 m on either side of the
floor plan,
(b)) in respect of other gas pipelines and gas distribution connections 4 m on either side of
floor plan,
(c)) for technological objects of 4 m from the ground plan.
(3) it is prohibited in the protection zone to carry out actions that could
compromise the gas device, their reliability and safety of operation.
When you perform any of the activities in the protection zone and beyond must not
damage to gas facilities.
(4) if technical and security conditions allow and if there is no
threat to life, health, safety or property of persons, natural or
legal person engaged in the gas system or direct
gas pipeline, mining or gas pipeline pipeline connection
and in writing) sets out the conditions for the realization of public utility buildings,
If the client proves the necessity of its location within the protection zone,
(b) the written consent of the) construction activities, the placing of buildings,
not referred to in subparagraph (a)), Earthwork, through the establishment of landfills and
storage of material in the protection zone; consent must contain
the conditions under which it was granted.
(5) the intersections in the forest keeps the transmission system operator,
the distribution system operator, the operator of the storage tank on the
own cost free strip of land with a width of 2 m on either side of the axis
gas pipeline; owners or users of the affected real property are required to
allow this activity to them.
(6) the planting of perennial crops spice deeper than 20 cm
above the surface of a gas pipeline in free strip of land with a width of 2 m on both sides
from the axis of the pipeline or connections can only be based on the consent of the
the transmission system operator, the distribution system operator,
the operator or operator of the storage tank connections.
§ 69
Safety zones
(1) safety zones are intended to prevent or mitigate the effects of
any accidents of gas equipment and to protect the life, health,
the safety and property of the people. The safety zone created the day of acquisition
the legal force of the zoning decision on the location of the building, or on the date of acquisition
final zoning approval with the location of the building, if it is not in accordance with
building code required even one of these documents, then the date of
putting into operation the gas equipment.
(2) a safety zone for the purposes of this Act, a continuous
space as defined by vertical planes passing at a horizontal distance from the
the ground plan of the gas equipment measured perpendicular to its outline.
(3) if technical and security conditions allow and if there is no
threat to life, health, safety or health of persons, can be used in
safety zone
and implement the construction of the public interest), if the client can prove
the necessity of its position in the security zone, just on the basis of
the conditions laid down by a natural or legal person who is responsible for the
the operation of the gas equipment,
(b) place the construction, not included) in (a)), only with the prior
written consent of the natural or legal person who is responsible for
the operation of the gas equipment.
(4) the scope of the safety zones is given in the annex to this Act.
section 70
Shifting of gas devices
(1) as a result of gas devices for the purposes of this Act, the
partial change of the route of the gas pipeline, or attachments, or the transfer of the gas
device or some of its elements.
(2) shifting of the owner of the gas equipment provides for the costs of
who raised the need for shifting, if contractually agree otherwise.
The owner of the gas equipment is required to meet the one who need to
shifting has raised, the way you perform shifting and the expected
the costs of its implementation. The costs for implementing relay may
include only critical costs.
(3) ownership of the natural gas facility, following the relocation does not change.
§ 71
Measurement
(1) the gas is measured by the measuring device.
(2) the transmission system operator and distribution system operators
systems are required to equip all customers whose gas consumption
the device is connected to the system, they have operated a measuring device.
(3) the method of measurement and measuring apparatus type specifies the transmission
or distribution system.
(4) Producers of gas customers, the operators of gas reservoirs and
distribution system operators shall be required, at their own expense to modify
submission site for sampling or measuring device after installation
the previous discussion with the transmission system operator or
distribution system operator, to which they are connected.
(5) any intervention into the measuring device without the consent of the operator
the transmission system operator or distribution system operator, which is an
the measuring device is connected, shall be prohibited.
(6) the Gas Producers, customers and operators of gas cartridges are
required to allow the transmission system operator, and the operator
distribution system at any time access to the measuring device for the purpose of
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
device.
(7) the operator of a transmission system operator or distribution
the system has the right to the individual parts of the measuring device to ensure against
tampering. If a customer finds a violation of the measuring device
or his collateral, it is obliged to immediately notify the Organizer
the transmission system operator or distribution system operator.
(8) the operator of a transmission system operator or distribution
system on the cargo gas producers, the customer or the operator
gas storage ensures a custom installation of the measuring device, the
It keeps your cargo and regularly verifies the accuracy of the measurement.
(9) if the gas producers, the customer or operator of the storage tank
doubts about the accuracy of the measurement data or detects a malfunction on the measuring
the device has the right to have it checked. Transmission
system operator or distribution system operator shall be obliged, on the basis
a written request from a manufacturer of gas, customer or the operator stack
gas within 15 days of its delivery to replace the measuring device or
to ensure the correctness of measurement.
(10) If a defect on the measuring device, shall bear the costs associated with the
his examination and verification of the accuracy of the measurement of the transmission
system operator or distribution system operator. If a defect is not
detected, these costs shall be borne by the manufacturer of the gas, the customer or the operator
the stack gas.
(11) The discharge gas equipment from the measuring device should not be
no interventions are carried out without the prior written consent of the operator
a transmission or distribution system.
(12) for the customers whose annual consumption of gas at one point
shall not exceed 400 thousand. M3 is the time course measurement unless they have
installed continuous measurement, replaced by type-chart of supply.
§ 72
The contract between the participants in the gas market
(1) a contract for the supply of gas is committed to gas producers or trader
gas supply gas gas market participant with a defined quantity and the
the time course of the gas market and the participant undertakes to pay for it
the price. Part of the contract for the supply of gas must be agreement on liability
for the variance. Contract to supply gas to a customer must also include
a) enumeration of offtake points,
(b)) method of payment payments for the supply of gas,
(c) the length of the period of notice), no longer than 3 months, which begins with the first
day of the calendar month following the delivery of the notice, if it
a contract for an indefinite period, with the customer, whose annual gas consumption
at one point does not exceed 400 thousand. M3,
(d) the customer's permission) to withdraw from the contract in case of non-compliance with
contractual obligations on the part of the vendor or, in the case of disagreement with the
the proposed change of terms and conditions
(e) notification to the customer of the) ways the proposed change in the terms and conditions
(f) the duration of the contract).
(2) a contract for the associated gas supply services is committed to the manufacturer
gas or gas supply merchant customer gas and to ensure the
its own name and on its own account, at least one of the services of transportation of gas,
distribution of gas or gas storage and customer agrees to pay
for the supply of gas to the price of gas transport and gas distribution price or
applied in accordance with price regulation. The contract of associated
gas supply services occurs to transfer responsibility for the derogation for
manufacturer of gas or gas trader. The contract of associated services
gas supply must also include similar requirements as
contract to supply gas to the customer.
(3) the connection agreement commits to gas producers, the operator
the transmission system or distribution system or gas storage
connect to it operated by the extractive, transport or pipeline
stack gas distribution system, or of the applicant for the manufacture of the device,
gas distribution, storage of gas or gas and ensure
the required capacity and the applicant agrees to pay the share of eligible
the cost of connection. The connection agreement must also include
technical conditions of connection devices, measurement type and location, and
date and place of the connection of the device.
(4) a contract for the transport of gas mining pipeline is committed to the manufacturer
gas transported for other gas producers, gas or
the customer of the agreed amount of gas and the gas producers, gas trader
or, the customer undertakes to pay the agreed price. Contract of carriage
mining gas pipeline must also include the duration of the contract,
the size of the capacity, the enumeration forward posts, measurement of
gas and method of payment payment for transportation of gas.
(5) the contract of carriage, undertakes to gas transmission
system return to a market participant with a gas or foreign physical
or a legal person, the agreed quantity of gas and this market participant with
gas or foreign natural or legal person undertakes to
to pay for the transportation of regulated price for gas transportation and related
services or the price set on the basis of an approved market way
pricing for the international transport of gas. The contract for the transport of gas
must also include the binding order of the arrangements by the transmission
system, the duration of the contract, determine the input and output points
the transmission system, the size of the transport capacity, the term begin
transportation of gas and the way of measuring gas. The contract for transporting gas
the customer must also include
a) enumeration of offtake points,
(b)) method of payment payment for the transport of gas,
(c) the customer's permission) to withdraw from the contract in case of non-compliance with
contractual obligations on the part of the transmission system operator or
event of disagreement with the proposed change to the terms
(d) notification to the customer) the way of the change in the contractual conditions.
(6) a contract for the distribution of gas distribution operator undertakes to
of the system to provide at his own name and on its own account transport of gas
or in the case of distribution system operator not connected directly to the
transmission system of distribution of gas distribution system connected to
a transmission system, a book distribution capacity and return to
participant of the gas market of the agreed amount of gas and a market participant with
gas is committed to pay the price applied in accordance with the price
regulations for gas distribution, gas transmission and related services.
The contract for distribution of gas shall contain a binding order of the arrangements
distribution system operator, the duration of the contract, the term
begin distribution of gas, the size of the reserved capacity, enumeration
transfer seats, way to measure the distribution of gas and its progress.
Gas distribution contract with the customer shall further include the
a) enumeration of offtake points,
(b)) method of payment payments for the distribution of gas,
(c) the customer's permission) to withdraw from the contract in case of non-compliance with
contractual obligations on the part of distribution system operator or
in case of disagreement with the proposed change to the terms
(d) notification to the customer) the way of the change in the contractual conditions.
(7) a contract for gas storage is committed to the operator stack
gas for the gas market participant or foreign person or
the legal entity of the agreed amount of gas and the gas market participant or
foreign natural or legal person undertakes to pay for the
storage of the agreed price. Gas storage contract shall contain
the arrangement on the binding nature of the order of the operator of the storage tank, the duration of the
the contract size of storage capacity, storage volume, daily injection
performance and production performance. Gas storage contract with the customer shall
also include
and the method of payment) payments for gas storage,
(b) the customer's permission) to withdraw from the contract in case of non-compliance with
contractual obligations on the part of the operator of the storage tank or in the
event of disagreement with the proposed change to the terms
(c) notification to the customer) the way of the change in the contractual conditions.
(8) the Agreement on the settlement of imbalances is the market operator undertakes to
evaluate, and address the deviations of the subject zúčtovávat the clearing and
clearing body undertakes to pay the price applied in accordance with the
price regulation. The conclusion of the Treaty on the settlement of imbalances is a natural
or legal person becomes the subject of settlement. The contract for clearing
derogations shall include arrangements for the binding terms and conditions
the market operator and the duration of the contract.
(9) if the agreement referred to in paragraphs 1, 2 and 4 to 7
some of the specified requirements shall be considered valid if the
customer fails to its invalidity.
section 73
A State of emergency
(1) the emergency is a condition, which originated in the gas network in
as a result of
and natural events)
(b) measures of the State bodies for) emergency, State of emergency
or a State of war ^ 10),
(c) the devices for accident) production, transport, distribution and
gas storage,
(d) the outstanding balance of the gas system) or a part thereof,
e) a terrorist act
f) if physical safety or the protection of vulnerable persons,
and causes significant and sudden gas shortage or compromising the integrity of the
the gas system, its safety and reliability, operate throughout the
the territory of the State, defined territory or a part thereof.
(2) the prevention of the emergency State is a set of activities carried out in a situation
When there is a real risk of a State of emergency. It consists of two phases,
from early warning, when there are such information that may occur
a State of emergency, and from an alert, when actually the deterioration of supplies to customers
occurs, but it is not even necessary to limit consumption levels.
(3) For the entire territory of the State of the transmission system operator
and announces the exact time) creation or termination of a State of emergency in bulk
the media and through resources dispatching
management and immediately be notified to the Ministry, the energy regulatory
the Office, the Ministry of the Interior, the regional authorities and the municipality of the capital city
Prague,
(b) emergency prevention) announces, without undue delay,
no later than 1 hour after the start of the activities referred to in paragraph 2 and
immediately be notified to the Ministry, the energy regulatory authority,
The Ministry of Interior, regional authorities and of Prague City Hall,
(c)) manage the activities of prevention, State of emergency and a State of emergency.
(4) for the defined territory or part of the distribution system operator
and announces the exact time) creation or termination of a State of emergency in bulk
the media and through resources dispatching
management and immediately be notified to the Ministry, the energy regulatory
the Office, the Ministry of the Interior, the regional authorities and the municipality of the capital city
Prague,
b) announces State of emergency prevention, not later than 1 hour after the start of
the activities referred to in paragraph 2 and immediately be notified to the Ministry,
The Energy Regulatory Office, the Ministry of the Interior, the regional authorities and
Municipality of the capital city of Prague,
(c)) manage the activities of prevention, State of emergency and a State of emergency.
(5) when a State of emergency and a State of emergency prevention, are all
the participants in the gas market shall be obliged to comply with restrictions on the consumption of gas or
change of gas supply.
(6) when a State of emergency and in the prevention of a State of emergency is entitled to compensation for
damage and lost profit shall be excluded.
(7) if as a result of a State of emergency to the outstanding balance, in particular in the
large-scale accidents for its production facilities, transport, distribution and
storage, are plynárenští entrepreneurs, whose technical condition it
allow you to, required to participate in the Elimination of accidents and restore supplies,
and regardless of the contract concluded between the participants in the gas market.
(8) Plynárenští entrepreneurs are obliged to immediately
Declaration of a State of emergency, disaster or to initiate liquidation of consequences, in accordance with
breakdown plans.
(9) the Elimination of accidents and to restore the gas supplies in the event of an emergency
famous for the whole territory of the State coordinates the transmission
system and in the case of Declaration of a State of emergency for part of the territory of the State
the distribution system operator.
section 73a
Safety standard
(1) the trader with a gas or gas producers, supplying gas to customers is
required to ensure the standard of safety required gas supply when
delivery to customers by directly applicable European Union legislation ^ 21).
(2) a trader with gas or producer gas, which is subject to
the obligation to ensure the standard of safety gas supply referred to in paragraph
1, presents information about the extent of the safety standard and how to
ensure always the first day of each month and the market operator
The Energy Regulatory Office.
(3) safety standard gas supply is ensured, in particular:
and gas, stacks)
(b)) the diversification of sources of gas supply,
(c)) through long-term contracts for the supply of gas,
d) through contracts, under which they can interrupt the gas supply,
(e)) the use of alternative fuels.
(4) a trader with gas or producer gas, which is subject to
the obligation to ensure the standard of safety gas supply referred to in paragraph
1, presents information about the extent of the safety standard and how to
ensure always the first day of each month the market operator.
§ 74
the title launched
(1) Unauthorized collection of gas is
and no contracts or subscription), the object of which is the supply of gas,
(b) in case of repeated non-compliance with consumption) of the agreed payment obligations or
payment obligations, resulting from damages caused by
unauthorized collection of gas that are not met after the previous
warning,
c) subscription without a measuring device, if the subscription without the measuring device is not
contractually,
d) connection or subscription from that part of the device, which is unmeasured
gas,
(e)) the measuring device measured consumption,
1. which demonstrably has not recorded or recorded the subscription subscription
incorrectly, to the detriment of the natural gas businesses, or dealer of gas,
as a result of unauthorized interference with this measuring device or to
its component parts, or accessories, or have been in the measuring equipment made
such interventions that data on actual consumption have changed,
2. that could not be connected natural gas trader, or whose
the connections have not been approved by him,
3. which demonstrably have errors in favor of the customer's consumption and
on which were either violated a hedge against tampering or
the intervention has been demonstrated in a measuring device,
f) consumption in direct connection with the unauthorised encroachment on a direct gas pipeline
or on the device, device distribution system, transmission system,
equipment for the production or extraction of gas or equipment for storage
gas,
g) gas without a contract on the settlement of imbalances or the contract
the subject is the delegation of responsibility for deviation to the body.
(2) Unauthorized transport of gas is
and no contract) the transport of the gas or in conflict with the
the contract for the transport of gas,
(b) in case of repeated non-compliance with) the transport of the agreed payment obligations,
(c)) transport of gas carried out contrary to the terms and conditions contained in the
The order of the transmission system operator.
(3) the Unauthorized distribution of gas is
and distribution without the contract) on the distribution of gas or in conflict with the
agreement on the distribution of gas,
(b) in case of repeated non-fulfilment) distribution of the agreed payment obligations,
c) gas distribution carried out in violation of the terms contained in the
The order of distribution system operator,
d) gas distribution without access to the measuring device and
neměřeným parts of the sampling gas equipment in order to perform
checks, readout, maintenance, replacement or removal of the measuring device.
(4) Unauthorized storage of gas is
and storage without contract) for the storage of gas or in conflict with the
the contract for the storage of gas
(b) in case of repeated non-compliance with storage) of the agreed payment obligations.
(5) an unauthorized collection, unauthorised transportation, unauthorized distribution, and
unauthorized storage of gas shall be prohibited.
§ 75
cancelled
Part 3
Heating plants
§ 76
Thermal energy production and distribution of thermal energy
(1) the holder of a licence for the manufacture or distribution of thermal energy is obliged,
If the Subscriber shall provide the necessary technical data, conclude a contract of
the supply of heat energy on the basis of ensuring the supply of heat
energy, to anyone who
a) so requests and the supply of heat energy is in line with the territorial
energy concepts ^ 11),
(b)) has a distribution of thermal or heat equipment connection and consumption
thermal devices that ensure efficiency, safety and
reliable supply or consumption in accordance with the technical and
safety regulations,
c) fulfils the conditions concerning the place, time and connection method
set by the licensee.
(2) Deliver thermal energy of another natural or legal person can only be
on the basis of contracts for the supply of thermal energy or as a filling
provided in the contract, the other.
(3) the contract for the supply of heat energy must include for each sampling
place
and performance, quantity,) the time course of heat energy collection and place
pass,
(b)) the basic parameters supplied and return flow, which are
temperature and pressure,
(c)) the place and method of measurement and evaluation of alternative way of heat supply
energy, if there is a failure of the measuring device, and an agreement on access to
measuring and control devices,
(d)) the price of heat energy at the point of measurement, fixed terms and the way
payment for the collected thermal energy including advances,
e) to measure the amount of heat energy collected to prepare
hot water for multiple consumption points method of apportionment of costs for the supply of
the heat energy of the individual sampling sites including the acquisition and
validation of the input data for this distribution,
(f)) in the case of the sampling sites are supplied with thermal energy
or hot water objects or parts of objects of different owners who
contract for the supply of heat energy, a method of cost allocation
between them.
(4) the supplier has the right to interrupt or restrict the supply of heat energy in the
extent and on as long as necessary in the following cases:
a) imminent danger for health or property of persons and in the disposal of
These States,
(b)) in States of emergency or activities immediately to prevent their
the creation,
(c)) in the implementation of planned construction work, repair, maintenance and
revision work and when connecting a new load, if they are
notified at least 15 days in advance,
(d)) in the implementation of the necessary operational handling for 4 hours,
(e)) at Casco interruption or restriction necessary operating supplies
flow or fuel and energy provided by other vendors,
(f) failure to comply with obligations) under § 77 para. 4,
(g)) in the creation and removal of accidents and malfunctions on the devices for divorce
and the production of thermal energy for as long as necessary,
h) if the customer uses equipment which threaten life, health
or property of people or affect the quality of supply to the detriment of other
customers,
I) unauthorized subscription.
(5) the holder of the licence has the right to divorce
and) in accordance with the specific legislation ^ 4 d) to establish and operate a
on foreign real estate distribution thermal equipment, build support points
and traverse these real estate pipeline routes
(b) enter and enter the) foreign real estate in connection with the setting-up
and the operation of distribution equipment,
c) remove growths of threatening the operation of distribution equipment, if
has done after previous warnings, and determining the extent of the owner concerned
real estate,
(d)) to enter and enter in accordance with the specific legislation in
the enclosed space and equipment to carry out the activities and services
the authorities of the Ministry of Defense, Ministry of Interior, the Ministry of
Justice, Security and information services to the circuit of the track, as well as
I enter the real estate, where are located the equipment of telecommunications,
to the extent and in the manner required for the performance of the licensed activities,
(e) require security protection) distribution of heat units when
implementation of work affecting their safe operation. in the case of
damage claim to pay all the costs associated with communicating the
performing repairs and putting into operation,
(f)) for damages for failure to comply with the basic parameters of the heat supply
energy in accordance with paragraph 3 (b). (b)),
g) to set up and operate their own telecommunications network for the control, measurement,
assurance and automate the operation of heat networks, and to transfer
information for the operation of the computer technology and information systems.
(6) the damage referred to in paragraph 5 (b). (f)) must be demonstrated. The right to
compensation does not arise in the law listed cases of interruption
production and distribution of thermal energy in accordance with paragraph 4 or the damage
demonstrably resulted from a supplier of thermal energy.
(7) the operator of the distribution of the heat equipment is required to establish a substantive
the burden for foreign real estate or part thereof for the purpose of
referred to in paragraph 5 (b). and) contracted with the owner of the property; in
If the owner is not known or is not identified or because it is
proven unreachable or idle, or to reach agreement with him and
If they are given the conditions for restriction of ownership rights to the land or to
the construction under a special legal regulation, the competent ^ 4e) expropriation
the Office shall decide, on a proposal of the distribution of the heat equipment operator
easement permitting use of the property or its
part.
(8) the holder of a licence to the distribution of thermal energy is obliged to in the performance of
previous permissions as much as possible to save the rights owners concerned
real estate and input on their land and real estate to notify them. After
the end of the work is obliged to provide land and immovable property concerned or
their part to its original state, and if this is not possible, having regard to the nature of the
of work performed, the State corresponding to the previous purpose, or
use of the property.
(9) the holder of a licence for the production of thermal energy and the holder of the licence to the
distribution of heat energy is required to
and to carry out activities related to) granted licenses and requiring professional
eligibility under special legislation only by qualified
workers,
(b)) to establish, operate and maintain the equipment for the supply of heat energy
to meet the requirements laid down for ensuring safe,
efficient and reliable operation and protection of the environment,
(c)) provide on request the officials authorized by the Ministry,
The Energy Regulatory Office and inspection of truthful information necessary
for the exercise of their rights and obligations and allow them access to facilities,
that for the performance of the licensed activities is used,
d) balance for each distributed production, costs, losses,
own consumption and supply separately for the production of thermal energy and distribution
the heat energy and provide data for regulatory purposes in accordance with this
law and statistics,
e) specify the conditions connected to the thermal power equipment or
the source of thermal energy,
f) in the cases referred to in paragraph 4 to restore the supply of heat energy
immediately after removal of the causes that led to its suspension or
restrictions,
g) prepare emergency plan for the prevention and resolution of emergencies with
exception systems supply heat energy to power 10 MW to 6
months after receipt of the license.
(10) if the owner or tenant of the property or equipment
property damage as a result of the exercise of the rights of the vendor, or if it is limited in
the exercise of property rights, the right to a one-time compensation. ^ 5)
The right to such compensation must be made at the supplier, which caused
pecuniary loss, within 6 months from the date when the owner about it or
the tenant.
(11) the distribution of a thermal device or its part may, provided that the
does not compromise their reliability or safety, or that they do not endanger
the life, health or property of persons, cross roads, railways, water
flows, telecommunication lines, all piping systems and other
equipment or be in overlapping with them, in a manner appropriate to the protection
the environment so that the least possible without prejudice to the interests of the participating
owners. The aggregation is when one device interferes with its protective
zone into the protection zone, where applicable, the safety of the other device.
When correcting faults and when construction work equipment is operator
the distribution of the heat equipment obliged to respect the expression of the other
users of the route, especially prescribed technological procedure in the ground
the works so that they are the least affected the interests of the participating owners.
§ 77
Subscriber of the heat energy
(1) the customer has the right to connect to a source of heat or power
thermal equipment in the case that
and) is located in the place of the licensed activities,
(b)) has established the thermal connection of the heat and sampling device in accordance with the
technical regulations,
c) fulfils the conditions relating to the performance of the place, the way the basic
the parameters of the system and the deadline set by the connection, and
(d) the supply of heat energy) is in compliance with the approved territorial
energy concepts. ^ 11)
(2) the customer has the right for compensation of non-basic
the parameters of the supply of heat energy under § 76 para. 3 (b). (b) the damage.)
must be demonstrated. The right to damages and loss of earnings does not arise in the
the law listed cases, interrupt, or limit the supply of heat
power under section 76 para. 4.
(3) the customer is obliged to change the system or their
parameters and in the interest of reducing energy consumption edit at their own expense
their consumption of thermal equipment to match the specified changes, or
in time to cancel the contract for the supply of heat energy. Furthermore, the customer is
obliged to edit at their own expense the sampling equipment for heat installation
measuring device in accordance with the technical specifications of the manufacturer of the measuring
the device after previous consultation with the supplier of thermal energy. Other
Edit the sampling device of heat ensures their owner
the cost of the person who raised the need for changes, and after consultation with the
the holder of the licence. The change of parameters that require adjustment of the sampling
the thermal device is obliged to notify the licensee in writing at least
12 months in advance.
(4) the customer may operate their own replacement or any other source that is
linked to the distribution facilities, as well as to supply to this device
thermal energy, only after a written agreement with the licensee of the divorce
the heat energy.
(5) change the shipping method or change the method of heating may be
made only on the basis of the construction management with the approval of the authorities
protection of the environment and in accordance with the territorial energy concepts.
All caused by one-off costs to make these changes, and also
such costs associated with the disconnection from the distribution of the heat equipment
shall be reimbursed by the person who change or disconnect from the distribution of the heat equipment
It requests.
(6) the owners of real property in which is located the distribution heat
the device or its part necessary for delivery to third parties are
required to the location and operation of this device continues to suffer.
(7) On the supply heat device or its parts, which passes through the
neměřená the supply of heat energy, is forbidden to make any modifications
without the consent of the holder of the license for the production of thermal energy or divorce
the heat energy.
§ 78
Measurement
(1) the duties of the holder of the licence holder's licence to manufacture and distribution
is the supply of heat energy measure, assess and charge the
the actual parameters of system and custom data tracking
the device, which fitted, at their own expense, maintains and regularly
verifies the accuracy of the measurement in accordance with the specific legislation. ^ 12)
The Subscriber has the right to verify the accuracy of the reading of measured values. In
If the station is used for the supply of heat energy only
for a single object or set of objects one customer, you can
install measurement of ^ 12) heat energy to the input or the output from this
transfer station.
(2) if the customer Has doubts about the accuracy of the information or
If it detects a fault on the measuring device, has the right to request their
of the examination. The licensee is obliged on the basis of the written odběratelovy
measuring equipment request within 30 days to be checked, and if it is defective, replace it.
The customer is obliged to provide for the exchange of the measuring device necessary
synergy. If the measuring equipment detected the fault, the costs
associated with the examination and exchange of the license holder. If a defect is not
detected, these costs are borne by the customer.
(3) any interference with the measuring device without the consent of its owner is
prohibited.
(4) the supplier has the right measuring equipment mounted and secured against
tampering and perform periodic readings of measured values, the
the Subscriber is obliged to do so. If the customer finds a violation of the measuring
the device or its collateral, is obliged to immediately notify the
to the vendor.
(5) the values measured and detected by a vendor and the prices at the point of measurement form
the cost of the thermal energy that rozúčtují between the final
consumers, which are users of the flats and non-residential spaces.
(6) when the joint preparation of hot water for multiple subscribers, you cannot measure
installed the customer used for determination of the quantity of heat supplied
energy.
(7) the joint sampling of thermal heat energy supply facilities in
one object is contained in this object.
§ 79
Thermal connection
(1) heat hook is a device that leads distributed from the
resources or the distribution of the heat equipment to supply heat
device for one customer only.
(2) Thermal connection starts at the source of thermal energy or turning left from
the distribution of the heat equipment and ending with the entrance to the sampling of the heat
device.
(3) repair and maintenance of heat connections ensures its owner.
(4) the supplier is obliged to operate the thermal connection against payment,
maintain and repair, if the owner so requests.
(5) the costs of setting up the connection is paid by the person in whose favour it was
established, unless otherwise agreed with the vendor.
§ 80
cancelled
§ 81
cancelled
§ 82
cancelled
section 83
cancelled
§ 84
cancelled
§ 85
cancelled
§ 86
Shifting distribution of thermal equipment
(1) as a result of the distribution of the heat equipment means a partial change of the route
keeping or moving a file or element of the device.
(2) Shifting distribution of heat units ensures their owner
the cost of the person who raised the need for shifting, if no other
the agreement. The owner of the distribution of the heat equipment is required to meet
the one who raised the need for relocation, with the way you perform shifting and
the costs of its implementation. The costs for implementing relay may
include only critical costs.
(3) ownership of the distribution of the heat equipment, following the relocation of
does not change.
§ 87
Protective zone
(1) the protection zone means a contiguous space in the immediate
the vicinity of the equipment for the production and distribution of thermal energy, intended to
to ensure its reliable operation and protection of life, health,
the safety and property of the people. The protection zone shall acquire legal
can a territorial decision about the location of the building or land use consent to
location, if it is not in accordance with the building Act required or
one of these documents, then the date of placing the equipment for the production or
distribution of thermal energy in the operation.
(2) a protection zone is delimited by vertical planes passing each
the sides of the plants for the production and distribution of thermal energy in the horizontal
distance measured perpendicular to this device and the horizontal plane,
led by under the device, for the manufacture or distribution of thermal energy in the vertical
the distance, measured at right angles to this device and shall be 2.5 m.
(3) the transfer stations, which are located in separate buildings,
a protection zone is delimited by vertical planes passing in a horizontal
a distance of 2.5 m perpendicular to the footprint of these stations and the horizontal plane,
led by these stations in a vertical distance of 2.5 m.
(4) in a protection device that is used for the production or distribution of
the heat energy, and beyond it is forbidden to carry out activities that would
This device could jeopardise their reliability and safety of operation.
For the realization of public utility buildings, if it is proved the necessity of the
its location in the protection zone, provides the operator of this equipment
terms and conditions. Other construction activities, placement of buildings, earthworks,
storage of material, setting up dumps and the planting of perennial crops
in protection zones can be carried out only after prior written
the consent of the operator of this equipment. The conditions for the implementation of the public
beneficial work or consent, which must contain the conditions under
which it is granted, shall be annexed to the draft regulatory plan or proposal
on the issue of zoning and planning decision or the notice of intention in the territory on the issue of
zoning approval; the authority which is competent to issue a regulatory plan
or territorial decision or consent, land use conditions
does not review.
(5) if the device for distribution of thermal energy, trade
zone does not define. When the execution of the activities of the owner
the buildings concerned should take care to ensure the safety of the device.
(6) real estate Owners are required to allow plant operators
access to regular monitoring and carrying out the necessary work on the device
for the distribution of thermal energy in their real estate. If it
technical and security conditions permit and is not life-threatening,
the health or safety of persons, is the operator of a device before
the work required to the owner or administrator of the property of the extent and time
the duration of the works and after their work provide the concerned areas to
the original state, and if it is not, having regard to the nature of work performed
possible to the State corresponding to the previous purpose or use
real estate.
§ 88
A State of emergency
(1) State is a State which was in the system of supplying heat
energy as a result of
a) natural disaster,
(b)) the measures a public body under the State of emergency, State of emergency
or a State of war ^ 10),
c) crash on the supply of heat energy system installations,
d) episode in accordance with special regulations ^ 10a)
e) a terrorist act
(f) outstanding balance in the system), the supply of heat energy, or
(g)) where the physical safety or security of persons,
h) and causes a significant and sudden lack of energy or heat
threat to the integrity of the thermal energy supply system, its
the safety and reliability of operation.
(2) the prevention of the emergency State is a set of activities carried out in a situation
When there is a real risk of a State of emergency.
(3) in the prevention of a State of emergency and a State of emergency are all holders of
license, customers and final consumers are obliged to submit to restrictions
thermal energy consumption, regardless of the concluded contract. The holders of the
licences may, to the extent necessary to use the facilities of customers and
the final consumer.
(4) a State of emergency and its completion for the entire territory of the State Announces
Ministry, for its part, the regional authority or Municipality of the capital city
Prague through the media or other suitable
way. The authority, which has declared a State of emergency, it is obliged to immediately
to inform the Ministry of the Interior and the fire rescue Corps
counties on the expected duration of the restriction of supply of thermal energy.
(5) in the heating networks supplied more than 50% from one source is
holder of the licence to the distribution of thermal energy required to examine the effects of
failure of this resource, and depending on the result set up the entrances to the heating network
to connect the spare resources.
(6) when a State of emergency and in the prevention of a State of emergency is entitled to compensation for
damage and lost profit shall be excluded.
§ 89
Unauthorized consumption of thermal energy
(1) Unauthorized collection of the heat energy is
and the subscription without the consent of the supplier) or in contravention of this Act, and
the law governing the area of energy management ^ 11),
(b)) non-payment of the agreed upon repeated consumption of payments including the Bill
for the thermal energy removed,
c) subscription without a measuring device or subscribe via the measuring equipment, that in
as a result of the intervention of the Subscriber the subscription has not recorded or recorded the subscription
less than real or were in the measuring equipment made
interventions that actual subscription changed
d) subscription to the measuring device the relocated without the consent of the supplier,
e) subscription to the measuring device, on which has been infringed a hedge against
tampering and did not meet the obligation pursuant to § 78 para. 4,
f) subscription without access to the measuring device and neměřeným parts
a sampling of the thermal equipment in order to perform the scan, reading,
maintenance, replacement or disconnect the measuring device, although he was a subscriber to the
allow access for at least 15 days in advance in writing or by any other
provable way asked.
(2) the Unauthorized consumption of thermal energy is prohibited.
THE HEAD OF THE THIRD
ADMINISTRATIVE OFFENCES
§ 90
Misdemeanors
(1) a natural person has committed the offence by
and conducts business in the energy sectors) without a licence or without permission to
business organisation recognised by the energy regulatory office under section 7a,
(b)) provides that electricity, gas or heat other
natural or legal person or rozúčtuje the cost of the purchase of electricity,
gas or heat energy in violation of § 3 para. 3 or commit a breach of the prohibition of
provided for in § 3 (1). 5,
(c)), as the owner will not allow the designated holder of power equipment
access to licence the energy devices in scope according to § 10 para. 7,
(d)) does not pass the necessary information needed to proceedings under section 26 dispečerskému
paragraph. 6,
e) violates any of the obligations set out in § 28 para. 2 (a). a) to
(f)), h), (j))) or in § 28 para. 5 or one of the obligations
laid down in § 62 para. 2 (a). (b)) to (i)) or in § 62 para. 4,
(f)) performs a hit on the sampling device which passes through
neměřená electricity, without the consent of the transmission system operator or
distribution system operator in violation of § 28 para. 3 or
does the intervention on the supply gas device from the measuring device without
prior written consent of transmission or distribution
system in violation of § 71 para. 11,
g) runs its own replacement source without the agreement of the operator
the transmission system operator or distribution system operator in violation of
§ 28 para. 4,
h) as the operator of a direct line or a direct breach of the gas pipeline
one of the obligations laid down in section 43 or section 65 paragraph 1. 3,
I) does not guarantee operation, maintenance or repair of the electric or gas
connections according to § 45 para. 5 or section 66 paragraph 1. 3 repair or does not ensure
or maintenance of thermal connections in accordance with § 79 paragraph 2. 3,
j) as the owner or user of the property does not allow the operator to
the transmission system, transmission system operators or the operators of the
the performance of the activities of the distribution system in the protection zone in accordance with § 46 para.
4 or § 68 para. 5 or as owner of the property does not allow
the plant operators access to the device for the distribution of thermal energy
According to § 87 para. 6,
to violate any of the prohibitions) laid down in § 46 para. 8, 9, 10 or §
paragraph 68. 3 or any of the requirements set out in § 46 para. 12 or
13,
prohibition of unauthorized breaches l) transmission of electricity or unauthorized
distribution of electricity referred to in § 53 para. 2 or a prohibition on
transportation of gas or unauthorized distribution of gas referred to in section 74 para.
5,
m) does not adjust the supply point for the installation of metering equipment in accordance with § 49
paragraph. 2 or pursuant to § 71 para. 4,
n) does not notify the transmission, transport or distribution
system fault detected on the measuring device or a hedge against
tampering without delay after their discovery, according to § 49 paragraph 1. 4
or pursuant to § 71 para. 7 or fails to notify the identified violations of the measuring
the device or its collateral under § 78 para. 4,
o) interferes in the measuring device without the consent of the transmission,
a transmission or distribution system in violation of § 49 paragraph 1. 4, § 71
paragraph. 5 or hits into a measuring device without the consent of its owner in the
contrary to section 78 para. 3,
p) will not allow the transmission or distribution system operators access to
the measuring device or neměřeným parts of a sampling of electrical equipment
According to § 49 paragraph 1. 6 or by transmission or distribution
system access to the measuring device pursuant to § 71 para. 6,
q) fails to comply with the restrictions on the consumption of electricity, gas, or change in supply
electricity or gas pursuant to § 54 para. 5 or § 73 para. 5 or
does not comply with restrictions on the consumption of heat energy under section 88 para. 3,
r) drop permanent stands without the consent of the transmission system operator,
distribution system operator or operator connections in the
violation of § 68 para. 6,
not adjust the heat with the sampling device) when you change the system or
its parameters or not adjust the sampling device for the installation of heat
the measuring device after previous consultation with the supplier of heat
energy according to § 77 para. 3,
t) runs its own replacement or other source linked to the distribution
equipment or supplies thermal energy to this device without the written
the agreement with the licensee of the distribution of thermal energy in violation of § 77
paragraph. 4,
as the owner of the immovable property) would not tolerate the location or operation of
the distribution of the heat equipment or a part thereof pursuant to § 77 para. 6,
in the sampling adjustment) will heat the device or its parts,
which is neměřená the supply of heat energy, without the consent of
the holder of the license for the production of thermal energy or heat energy distribution
in violation of § 77 para. 7,
w) breach of the prohibition laid down in § 87 para. 4 or performs in the protection
zones of activity without the prior written consent of the operator
a device that is used for the production and distribution of thermal energy in contravention of
§ 87 para. 4,
x) as the owner of the buildings concerned in the implementation of construction activities
does not ensure the safety of the equipment for the distribution of thermal energy in accordance with § 87
paragraph. 5,
s) as statutory body, Member of the Board, a member of the Supervisory Board
or employee directly subordinate to the head of the staff in matters of
related to the operation, maintenance or development of the transmission system is
participating in the business of another person, which is part of the same vertically
integrated natural gas businesses as an independent operator
the transmission system operator, or against such person acquires the right to share in the
profits or other similar transactions in violation of § 58d para. 4 or violates
the obligation referred to in paragraph 58d paragraph. 5, or
from) as the auditor of the program violates any of the duties of the auditor of the program
laid down in section 25a paragraph 1. 5, § 58d para. 4 or 5, § 58i para. 4, § 58j
paragraph. 6 to 8, section 59A(1). 5 or § 60a paragraph 1. 5.
(2) a natural person as an employee of the Energy Regulatory Office
or after the termination of employment or other relationship to the energy
the regulating authority commits an offence by that breach of an obligation
non-disclosure pursuant to § 17 para. 13.
(3) the offence referred to in paragraph 1 (b). a) to w) or x) or
paragraph 2 shall be fined up to 100 000 CZK. For the offence referred to
in paragraph 1 (b). y) or z) is saved by a fine of up to 500 000 CZK.
§ 91
Administrative offenses of the licence holder
(1) the holder of the licence is guilty of an administrative offense, by
and to propose a new representative) within the prescribed period according to § 6
paragraph. 7,
(b) has notified changes to the conditions immediately) for granting a licence or changes
regarding the information and documents that are specified as an element of
application for the grant of a license, does not submit the documents or ask them about
amendment to the decision granting the licence referred to in § 9 para. 1,
(c) fails to comply with any of the requirements) in accordance with § 11 para. 1 to 4,
(d)) does not set out manner and within the time limit applicable
conditions for the supply of gas or electricity or the prices for the supply of gas or
electricity pursuant to § 11a. 1 or does not allow neznevýhodňující selection
how you pay for electricity or gas supplied under section 11a. 6,
(e)) does not provide the Ministry, the energy regulatory office or State
energy inspection of the required documents within the specified period, or
information pursuant to § 15a paragraph 1. 1 or does not provide the Commission, within the prescribed period
the required documentation or information pursuant to § 15a paragraph 1. 2,
f) violates any of the obligations under section 20 (2). 1 to 3 or under section 20
paragraph. 6 or 7,
(g) violates any of the prohibitions) specified in § 53 para. 2 or in section 74 para.
5, or
h) begins the performance of licensed activities in violation of § 9 para. 5.
(2) the holder of a licence for the production of electricity is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) shall restrict, aborts, or terminates the electricity supply in violation of § 23 para.
1 (b). (e)),
c) violates any of the obligations specified in § 23 para. 2 (a). a) to i)
or (b). k) to r)
(d) violates any of the prohibitions) referred to in section 24a of para. 5 or § 58n
paragraph. 5,
(e)) does not pass the necessary information needed to proceedings under section 26 dispečerskému
paragraph. 6,
(f) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 30 c of paragraph 1. 2,
g) does not adjust at their own expense submission site for the installation of the measuring
device pursuant to § 49 paragraph 1. 2,
(h) to notify to the operator), transmission or distribution system detected
glitches on the measuring device or protection against tampering
without delay after their discovery, according to § 49 paragraph 1. 4, or interferes in the
the measuring device without the consent of transmission or distribution
system in violation of § 49 paragraph 1. 4,
I will not allow the transmission) or access to the distribution system,
the measuring device pursuant to § 49 paragraph 1. 6, or
(j) to comply with the limits of consumption) of electricity, or change in the supply of electricity
pursuant to § 54 para. 5.
(3) the holder of a licence for the transmission of electricity, is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
b) operates the transmission system without being the holder of the certificate
independence, under section 10a or fails to fulfil the obligation of notification under section 10a
paragraph. 2 or 3,
(c) notify the commencement or termination of) restriction or interruption of supply
electricity in accordance with § 24 para. 5 or does not restore the electricity supply
immediately after removal of the causes that have led to restrictions or
interruption, according to § 24 para. 6,
(d)) violates any of the obligations specified in § 24 para. 1 or paragraph 2. 10
(a). a) to (d)), f) to (l)),),), t) or w),
e) violates any of the obligations specified in § 24 para. 10 (a). e), m)
n), p), r)) or in),
f) violates any of the conditions of independence under section 24a of para. 2,
(g)) in the exercise of activities of technical control room of the transmission
system violates any of the duties of the technical control room
the transmission system operator referred to in section 26 para. 1, 3 or 5,
h) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation pursuant to § 47
paragraph. 2,
I) does not provide at his own expense to install its own measuring device, its
the maintenance or periodic verification the accuracy of measurement according to § 49 paragraph 1.
7,
(j)) shall be exchanged for the measuring device or does not ensure the correctness of measurement
According to § 49 paragraph 1. 8,
k) violates any of the obligations on a State of emergency referred to in § 54 para.
3,
l) exceeds some of the permission specified in § 24 para. 3 (b). (c)), or
(d)), or
m) fail to fulfil one of the responsibilities of the transmission system operator referred to in
The regulation on conditions for access to the network for cross-border trade in
electricity or by directly applicable regulation issued on his
basis or for its implementation.
(4) the holder of a licence to the distribution of electricity is committed by the administrative
tort by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) does not pass the last instance supplier identifying information under section 12a
paragraph. 4,
(c) notify the commencement or termination of) restriction or interruption of supply
electricity in accordance with § 25 para. 5 or does not restore the electricity supply
immediately after removal of the causes that have led to restrictions or
interruption, according to § 25 para. 6,
(d)) violates any of the obligations specified in § 25 para. 1, 10, or 11,
e) violate any of the criteria or breaches any of its obligations
referred to in section 25a paragraph 1. 2,
f) violates any of the duties referred to in section 25a paragraph 1. 3 or 4, or
the auditor does not provide program information or documents or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
pursuant to section 25a paragraph 1. 5,
(g)) as a tenant renting does not take the undertaking or its part to their
accounting or do not notify the tenant information about the value of the leased asset
contrary to section 25a paragraph 1. 8,
h) contravenes section 25a paragraph 1. 10,
I) when carrying out activities of technical control room operator distribution
system violates any of the duties of the technical control room
distribution system operator referred to in section 26 para. 2 to 5,
(j) breach of an obligation owed to the owner) electrical connections specified in § 45
paragraph. 6,
k) ascertains the one who raised the need for relocation, the way its
the projected cost of the design or its implementation pursuant to § 47
paragraph. 2,
l) does not adjust at their own expense submission site for the installation of the measuring
device pursuant to § 49 paragraph 1. 2,
m) has notified by transmission system operators or other operators
damage to the distribution system, the measuring device or to ensure the
tamper-evident immediately after their findings according to § 49
paragraph. 4 or hits into a measuring device without the consent of the operator
the transmission system operator or distribution system operator in another
contrary to § 49 paragraph 1. 4,
n) will not allow the transmission or distribution system operators access to
the measuring device pursuant to § 49 paragraph 1. 6,
about) does not provide at his own expense a custom installation of the measuring device, its
maintenance and periodic verification of the correctness of measurement according to § 49 paragraph 1. 7,
p) replace any measuring device or does not ensure the correctness of measurement
According to § 49 paragraph 1. 8,
q) breaches any of its obligations when the State of emergency referred to in § 54 para.
4, or
r) exceeds some of the permission specified in § 25 para. 3 (b). (b)) to
(d)).
(5) the holder of a licence to trade in electricity is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) as a supplier of last resort fails to deliver electricity pursuant to section 12a paragraph 1.
2 or 6 or fails to notify the customer or operator concerned
the distribution system, the price of the deliverable or other conditions
supply pursuant to section 12a paragraph 1. 3,
(c) violates any of the prohibitions) referred to in section 24a of para. 5 or § 58n
paragraph. 5,
(d)) violates any of the obligations specified in § 30 paragraph 2. 2, or
e) pauses or stops the electricity supply to a customer in violation of § 30
paragraph. 1 (b). (d)).
(6) the holder of a licence for the production of gas is guilty of an administrative offense by
that
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) shall restrict, aborts, or terminates the gas supply in violation of § 57 para. 1
(a). (e)),
c) restricts or suspends the operation of the gas production or mining natural gas pipelines in the
contrary to § 57 para. 1 (b). (c)),
(d) notify the start or end of the) restriction or interruption of gas supply
pursuant to § 57 para. 5 or does not restore the gas supply immediately after
eliminate the causes that led to its limitations or interruptions, according to the SEC.
paragraph 57. 6,
e) violates any of the obligations specified in § 57 para. 8 (a). (b)) to
l),
(f) violates any of the prohibitions) referred to in section 24a of para. 5 or § 58n
paragraph. 5,
(g)) in the exercise of activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
(h) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
I) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation in accordance with section 70
paragraph. 2,
(j)) at its own expense does not adjust the submission site for the installation of the measuring
device pursuant to § 71 para. 4 or hits into a measuring device without
consent of the transmission system operator or service provider.
the distribution system in violation of § 71 para. 5,
k) will not allow the transmission system operator or operators
access to the distribution system, the measuring device pursuant to § 71 para. 6,
l) does not comply with the restrictions on the consumption of gas or changing the supply of gas under section
paragraph 73. 5,
m) is to eliminate accidents or restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
n) does not ensure safety standard gas supply under section 73a of the paragraph. 1
or does not pass the market operator and the energy regulatory office information on
the extent and the means of ensuring the safety of the standard under section 73a of the paragraph.
2, or
o) fail to fulfil one of the obligations of the manufacturer of the gas, according to the regulation on the
measures to safeguard security of natural gas supply.
(7) the holder of a licence to transport gas, is guilty of an administrative offense by
that
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) runs a transmission system, without being the holder of the certificate
independence in accordance with § article 10A(1). 1, or fails to fulfil the obligation of notification
under § article 10A(1). 2 or 3,
(c) notify the commencement or termination of) restriction or interruption of the journey
gas according to § 58 para. 5, or according to § 58 para. 6 does not restore the transport
gas immediately after removal of the causes that led to its limits
or interruptions,
(d)) violates any of the obligations specified in § 58 para. 8 (a). a) to
e), (g)), m) or (n)), r) to t), v) or w),
e) violates any of the obligations specified in § 58 para. 8 (a). f), (h))
to l), o) to (q))), x), y) or z),
f) violates any of the conditions of independence pursuant to § 58n para. 2,
(g)) in the exercise of activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
(h) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
I) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation in accordance with section 70
paragraph. 2,
j) equips itself with the customer whose gas sampling device is connected to
a transmission system, the measuring device pursuant to § 71 para. 2,
to install the custom does not provide tracking) equipment, its maintenance or
regular verification of measurement pursuant to § 71 para. 8,
l) shall be exchanged for the measuring device or does not ensure the correctness of measurement
pursuant to § 71 para. 9,
m) violates any of the obligations on a State of emergency referred to in § 73 para.
3,
n) participate in the removal of accidents, or to restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
about the deletion on accident or) restoration of gas supply in the
the case of a State of emergency declared for the entire territory of the State pursuant to § 73 para.
9,
p) exceeds some of the permission specified in § 58 para. 1 (b). (h)), or
I),
q) fails to fulfil any of the obligations according to the transmission system operator
The regulation on conditions for access to the natural gas transmission networks or
by directly applicable regulation issued under it or to its
implementation, or
r) fail to fulfil one of the responsibilities of the transmission system operator referred to in
Regulation concerning measures to safeguard security of natural gas supply.
(8) if the transmission system operator is part of a vertically
integrated natural gas businesses, committed by the holder of the license to
the transport of gas on administrative offense by
and) does not have the legal form of company under section 58b of the paragraph. 1,
(b)) shall not issue shares or certificated shares in book-entry form in accordance with
section 58b of the paragraph. 2 (a). and have established a statutory authority) under section 58b of the paragraph. 2
(a). (b)) or fails to issue statutes under section 58b of the paragraph. 2 (a). (c)),
(c)) have established a Supervisory Board under section 58b of the paragraph. 3 (b). and is not named)
the fixed number of Directors under section 58b of the paragraph. 3 (b). (b)) or will not issue
the statutes under section 58b of the paragraph. 3 (b). (c)),
(d)) to appoint or elect the statutory body or members of the
authority under section 58b of the paragraph. 4,
e) provide for the benefit of implementation of a statutory body or a member of
statutory authority in violation of § 58c para. 6,
f) appoint or elect a statutory body or a member of the statutory
authority of the person in violation of § 58d para. 1 or 2,
g) chooses a member of the Supervisory Board, to which election shall be approved
The Energy Regulatory Office, or employs working
relation to the position directly subordinate to the head of staff in the Executive
the highest management position in the line of control in matters relating to the
the operation, maintenance or development of the transmission system operator, the person who does not meet the
conditions referred to in paragraph 58d paragraph. 1 to 3,
(h)) to provide for the benefit of the statutory authority, a statutory authority,
Member of the Supervisory Board, to which election shall be the approval of the energy
the regulatory authority, or member of staff directly subordinate to the head of
employees in the Executive management function in the top line of the control
the transmission system operator in matters relating to the operation,
the maintenance or development of the transmission network performance in violation of § 58d para.
4,
I) violate the prohibition in section 58e para. 2,
j) itself, or through a controlled entity holding shares in subsidiaries
the company, which produces the gas trades with a gas or custom
installations for the production of gas, or such subsidiary shall take
the right to a share of the profits or other similar transactions in violation of § 58g
paragraph. 2,
k) violates any of the duties referred to in paragraph 58g paragraph. 3 or 4,
l) violates any of the obligations specified in § 58 h of paragraph 1. 1 or 2,
m) one of the breaches of the prohibitions referred to in § 58 h of paragraph 1. 4, 5, 10 or 11
or any of the requirements referred to in § 58 h of paragraph 1. 9 or 12,
n) will provide the service to another person that is part of the same vertically
integrated natural gas businesses, in violation of § 58 h of paragraph 1. 6,
about) is in violation of § 58 h of paragraph 1. 8, or carries on business in the business
the premises in which the business is carried on by another person, which is part of the
the same vertically integrated natural gas trader, contrary to section
58 h of paragraph 1. 8,
p) does not accept the program of equal treatment or to disclose it pursuant to § 58i
paragraph. 1 or does not ensure proper implementation of the programme of equal treatment according to the
§ 58i para. 2,
q) does not designate or otherwise does not appoint the auditor of the program functions under section
paragraph 58j. 1 or his name or otherwise to appoint the auditor's function
program, a person who does not meet the conditions referred to in paragraph 58d paragraph. 1,
r) does not provide the information or documents to the auditor of the program or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
According to § 58j para. 8 or 9,
with or does not submit to the Ministry that it has processed) or Energy
the regulatory Office of the ten-year plan for the development of the transmission system operator pursuant to §
paragraph 58 k. 1, or
t) does not connect to the transmission system, transmission system, other devices
stack gas distribution system, or the sampling gas equipment
According to § 58 para. 1.
(9) the licensee to distribute the gas, is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) does not pass the last instance supplier identifying information under section 12a
paragraph. 4,
(c) notify the commencement or termination of) restriction or interruption of distribution
gas under section 59 paragraph 1. 5 or does not renew the distribution of gas immediately
After the removal of the causes of under section 59 paragraph 1. 6,
(d)) violates any of the duties referred to in section 59 paragraph 1. 8 (a). and), (b)),
(d)) to y) or z),
e) violate any of the criteria or breaches any of its obligations
referred to in section 59A(1). 2,
f) violates any of the duties referred to in section 59A(1). 3 or 4, or
the auditor does not provide program information or documents or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
under section 59A(1). 5,
(g)) as a tenant renting does not take the undertaking or its part to their
accounting or do not notify the tenant information about the value of the leased asset
contrary to section 59A(1). 9,
h) contravenes section 59A(1). 12,
I) when carrying out activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
j) does not operate, does not maintain or correct gas connection on request
its owner under section 66 paragraph 1. 4,
to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
l) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation in accordance with section 70
paragraph. 2,
m) equips itself with all the customers whose gas consumption equipment is
connected to the operated system, the measuring device pursuant to § 71
paragraph. 2,
does not provide its own installation n) measurement equipment, its maintenance or
regular verification of measurement pursuant to § 71 para. 8,
o) shall be exchanged for the measuring device or does not ensure the correctness of measurement
pursuant to § 71 para. 9,
p) violates any of the obligations on a State of emergency referred to in § 73 para.
4,
q) is to eliminate accidents or restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
r) on Elimination of accidents or restore gas supply
the case of a State of emergency declared for part of the territory of the State pursuant to § 73 para.
9,
with some of the) exceeds the permission specified in § 59 paragraph 1. 1 (b). I), (j))
or l), or
t) fails to fulfil any of the obligations of the distribution system operator
under the regulation concerning measures to safeguard security of natural gas supply
gas.
(10) the holder of the license for gas storage is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b) fails to notify the start or end of the) restriction or interruption of the activities of the
associated with the storage of gas under section 60(1). 5 or does not restore
activities associated with the storage of gas immediately after removal
the causes that led to its limitations or interruptions, according to § 60 para.
6,
c) violates any of the obligations specified in § 60 para. 8 (a). and), (b)),
(d)) to r) or s),
d) violating any of the criteria or breaches any of its obligations
referred to in section 60a paragraph 1. 2,
e) violates any of the duties referred to in section 60a paragraph 1. 3 or 4, or
the auditor does not provide program information or documents or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
According to section 60a paragraph 1. 5,
(f)) in the exercise of activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
(g) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
(h)) does not adjust at their own expense submission site for the installation of the measuring
device pursuant to § 71 para. 4 or hits into a measuring device without
the consent of the operator of a transmission or distribution system in violation
§ 71 para. 5,
I) will not allow the transmission or distribution system access
the measuring device pursuant to § 71 para. 6,
(j) to comply with the limits of consumption) of gas or changing the supply of gas under section
paragraph 73. 5,
to participate in deletion) accidents or restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
l) restricts or suspends the activity associated with the storage of gas in violation of
with § 60 para. 1 (b). (f)),
m) fail to fulfil one of the obligations of the operator under the gas tank
The regulation on conditions for access to the natural gas transmission networks or
by directly applicable regulation issued under it or to its
implementation, or
n) fail to fulfil one of the obligations of the operator under the gas tank
Regulation concerning measures to safeguard security of natural gas supply.
(11) the holder of a licence to trade in gas committed by administrative tort
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) as a supplier of last resort does not supply gas under section 12a paragraph 1. 2
or 6 or fails to notify the customer or operator concerned
the distribution system, the amount of the deliverable start price or other conditions
supply pursuant to section 12a paragraph 1. 3,
(c) violates any of the prohibitions) laid down in section 24a of para. 5 or § 58n
paragraph. 5,
(d)) violates any of the obligations specified in § 61 para. 2,
(e)) does not ensure safety standard gas supply under section 73a of the paragraph. 1
or does not pass the market operator and the energy regulatory office information on
the extent and the means of ensuring the safety of the standard under section 73a of the paragraph.
2,
(f)) restricts or suspends gas supply to a customer in violation of § 61 para.
1 (b). (d)), or
g) fails to comply with any of the requirements of the gas trader according to the regulation on the
measures to safeguard security of natural gas supply.
(12) the holder of a licence for the production of thermal energy or license for divorce
the heat energy is guilty of an administrative offense, by
and not to conclude a supply contract) of thermal energy, although his Subscriber
provide the necessary technical information, or does not ensure delivery of heat
power under section 76 para. 1,
(b)) exceeds some of the permission specified in § 76 para. 4,
c) violates any of the obligations specified in § 76 para. 9,
(d)) is not measured, evaluated or not charge the supply of heat energy by
the actual values of system or data of the measuring device or
neosadí, engages or does not maintain its own measuring device or
regularly does not verify the accuracy of the measurement pursuant to § 78 para. 1,
e) nepřezkouší measuring equipment, or it shall be exchanged pursuant to § 78 para. 2,
(f)) who ascertains the need for shifting caused with the way its
or the cost of its implementation, pursuant to § 86 para. 2,
g) does not inform the owner or administrator of the property of a range, or the time of
the duration of the implementation of the necessary work on the device for the distribution of heat
energy in accordance with § 87 para. 6,
(h)) does not comply with the restrictions on the consumption of thermal energy in preventing State
of an emergency or when a State of emergency under section 88 para. 3, or
I did not examine the effects of resource failure) or has not established inputs to heat
network to connect the spare resources in accordance with § 88 para. 5.
(13) an administrative offense shall be fined in the
and 100 0000 0000 Czk) or 10% of the turnover achieved by the operator
the transmission system operator or a transmission system operator in the last
completed financial year, if the administrative offence referred to in paragraph 3
(a). (b)), (d)), or m), paragraph 7 (b). (b)), (d)), q) or r), or
paragraph 8,
(b) $ 50 0000 0000), or 1% of the turnover achieved by the licensee
for the last completed financial year, if the administrative offence referred to in
paragraphs 2, 3 (a). a), c), (e)) to (l)), paragraphs 4 to 6, paragraph 7 (b).
a), c), (e))-p) or paragraphs 9 to 11,
(c)) 15 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1, or
paragraph 12.
§ 91a
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and conducts business in the energy sectors) without a licence or without permission to
business organisation recognised by the energy regulatory office under section 7a or
the energy regulatory authority has not notified the demise of permission under section 7a
paragraph. 3,
(b)) provides that electricity, gas or heat other
natural or legal person or rozúčtuje the cost of the purchase of electricity,
gas or heat energy in violation of § 3 para. 3,
(c)), as the owner will not allow the designated holder of power equipment
access to licence the energy devices in scope according to § 10 para. 7,
(d)) does not provide the Ministry, the energy regulatory office or State
energy inspection of the required documents within the specified period, or
information pursuant to § 15a paragraph 1. 1,
e) as the owner or landlord does not result in power equipment
the chart of accounts the accounts for posting about the costs and benefits of ownership of the
or rent energy-related equipment pursuant to section 20 (2). 5,
(f)) does not provide a market operator the information necessary for the performance of its
obligations, or fails to provide the information about changes to the gas supplier according to §
20, paragraph 1. 5 (b). and) or (f)) or does not pass the necessary information needed to
dispečerskému management according to § 26 para. 6,
g) violates any of the obligations set out in § 28 para. 2 (a). a) to
(f)), h), (j))) or para. 5 or one of the obligations laid down in section
62 para. 2 (a). (b)) to (i)), in § 62 para. 3 or 4,
(h)) performs a hit on the sampling device which passes through
neměřená electricity, without the consent of the transmission system operator or
distribution system operator in violation of § 28 para. 3 or
does the intervention on the supply gas device from the measuring device without
prior written consent of transmission or distribution
system in violation of § 71 para. 11,
I) runs its own replacement source without the agreement of the operator
the transmission system operator or distribution system operator in violation of
§ 28 para. 4,
j) as the owner of a direct line or a direct gas pipeline operator
violates any of the obligations set out in section 43 or section 65 paragraph 1. 3 or
as the owner of the relevant part of the power system or the person
operating the gas equipment unless otherwise agreed in writing, the conditions for
the realization of public utility works or not to grant written consent to another
building or construction or other activities in the protection zone under section 46
paragraph. 11 or § 68 para. 4,
k) does not ensure the operation, maintenance or repair of the electric or gas
connections according to § 45 para. 5 or section 66 paragraph 1. 3 repair or does not ensure
or maintenance of thermal connections in accordance with § 79 paragraph 2. 3,
l) as the owner or user of the property does not allow the operator to
the transmission system, transmission system operators or the operators of the
the performance of the activities of the distribution system in the protection zone in accordance with § 46 para.
4 or § 68 para. 5 or as owner of the property does not allow
the plant operators access to the device for the distribution of thermal energy
According to § 87 para. 6,
m) one of the breaches the prohibitions laid down in § 46 para. 8, 9, 10 or § 68
paragraph. 3 or any of the requirements set out in § 46 para. 12 or 13,
n) does not adjust the supply point for the installation of metering equipment in accordance with § 49
paragraph. 2 or § 71 para. 4,
o) notifies the transmission, transport or distribution
system fault detected on the measuring device or a hedge against
tampering without delay after their discovery, according to § 49 paragraph 1. 4
or § 71 para. 7 or fails to notify the identified violations of the measuring equipment
or his collateral under § 78 para. 4,
p) interferes in the measuring device without the consent of the transmission,
a transmission or distribution system in violation of § 49 paragraph 1. 4, § 71
paragraph. 5 or hits into a measuring device without the consent of its owner in the
contrary to section 78 para. 3,
q) will not allow the transmission or distribution system operators access to
the measuring device or neměřeným parts of a sampling of electrical equipment
According to § 49 paragraph 1. 6 or by transmission or distribution
system access to the measuring device pursuant to § 71 para. 6,
prohibition of unauthorized breaches r) transmission of electricity or unauthorized
distribution of electricity referred to in § 53 para. 2 or a prohibition on
transportation of gas or unauthorized distribution of gas referred to in section 74 para.
5,
to comply with the limits of consumption), electricity, gas, or change in supply
electricity or gas pursuant to § 54 para. 5 or § 73 para. 5 or
does not comply with restrictions on the consumption of heat energy under section 88 para. 3,
t) permanent crops drops without the consent of the transmission system operator,
distribution system operator or operator connections in the
violation of § 68 para. 6,
in the sampling device does not adjust the heat) when you change the system or
its parameters or not adjust the sampling device for the installation of heat
the measuring device after previous consultation with the supplier of heat
energy according to § 77 para. 3,
in) runs its own replacement or other source linked to the distribution
equipment or supplies thermal energy to this device without the written
the agreement with the licensee of the distribution of thermal energy in violation of § 77
paragraph. 4,
w) as the owner of the property would not tolerate the location or operation of
the distribution of the heat equipment or a part thereof pursuant to § 77 para. 6,
x) will make adjustments on the supply heat device or its parts,
which is neměřená the supply of heat energy, without the consent of
the holder of the license for the production of thermal energy or heat energy distribution
in violation of § 77 para. 7,
s) breach of the prohibition laid down in § 87 para. 4 or performs in the protection
zones of activity without the prior written consent of the operator
a device that is used for the production and distribution of thermal energy in contravention of
§ 87 para. 4,
as the owner of the building concerned) in the implementation of construction activities
does not ensure the safety of the equipment for the distribution of thermal energy in accordance with § 87
paragraph. 5.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort as auditor of the program violates any of the requirements
Auditor of the program set out in section 25a paragraph 1. 5, § 58i para. 8 to 10, §
59A(1). 5 or § 60a paragraph 1. 5.
(3) a legal entity or individual entrepreneur is as a supplier of
the heat energy that is not licensed for the production of thermal energy
or the license on the distribution of thermal energy, committing an administrative offense by
that
and restricts or suspends the delivery of) heat energy in violation of § 76 para. 4
(a). I), or
(b)) does not operate, does not maintain or heat does not fix the connection on request
the owner pursuant to § 79 paragraph 2. 4.
(4) for the administrative offence referred to in paragraphs 1 to 3 shall be fined up to 15
0000 0000 EUR with the exception of the administrative offense referred to in paragraph 1 (b). with) when the
You can impose a fine of up to 50 0000 0000 CZK.
section 91 b;
Administrative offences of the person who is part of a vertically integrated
entrepreneur or a vertically integrated natural gas trader
or group
(1) a person who is part of a vertically integrated company, or
a vertically integrated natural gas trader or group,
committing an administrative offense, by
and) itself or through the controlled entity holding a stake in the operator of
the transmission system and at the same time produces gas or gas at traded
contrary to section 58g paragraph. 1,
(b)) aren't hearing or for issuing guidance on the everyday
the activities of the transmission system operator and transmission system operation
contrary to section 58g paragraph. 5,
(c)) as the parent company of the distribution system operator shall grant the
instruction regarding the normal operation or maintenance of the distribution system or
Another way to intervene in decisions about the construction or upgrade parts
distribution system contrary to section 25a paragraph 1. 2 (a). (c)) or § 59a
paragraph. 2 (a). (c)), or
(d)) as the parent company, contrary to section 60a paragraph 1. 2 (a). (c))
the operator of the storage tank instruction on the normal operation or maintenance
stack gas or otherwise intervene in decisions about the construction
or upgrade parts of the stack gas.
(2) for the administrative offence referred to in paragraph 1 (b). and) or b) stores the
a fine of up to $ 100 0000 0000 or 10% of the net turnover
a person who is part of a vertically integrated natural gas
entrepreneur or group together with the transmission system operator,
for the last completed financial year. For the administrative offence referred to in
paragraph 1 (b). c) or (d)), imposing a fine of up to 50 0000 0000 Czk
or 1% of the turnover achieved by a person who is part of the
a vertically integrated company, or of a vertically integrated
gas entrepreneur or group together with the operator
stack gas distribution system, or, for the last completed financial
period.
§ 91c
Fine won
(1) the holder of a licence or other natural person-entrepreneur or legal
a person who prevents or severely impedes the exercise of supervision pursuant to this
the law by the energy regulatory authority does not allow the performance of its
permission according to § 18 para. 4 or does not provide the energy regulatory
Office assistance, although it is obliged to do so under this Act, or of the law
governing the performance of the State control, or fails to fulfil any of the obligations
under section 18b para. 4, the Energy Regulatory Office may impose
a fine up to Czk 5 0000 0000 or 1% of the net turnover
such a person for the last completed financial year.
(2) the licence holder, to a natural person-entrepreneur or legal person,
that does not provide the Energy regulatory authority does not submit an explanation of,
the required documents or do not participate in the negotiations or will not allow the
The energy regulatory authority to look into their business records
under section 96a, if a party to the dispute rozhodovaného Energy
regulatory authority, the Energy Regulatory Office may impose
a fine up to 100 000 CZK.
(3) you can store fined repeatedly. The sum of the saved repeatedly
by the fines provided for in paragraph 1 shall not exceed 20 0000 0000 CZK
10% of the turnover achieved by the licensee is a natural person
or legal person for the last completed financial year. The sum of the
repeatedly saved by the fines provided for in paragraph 2 may not exceed
500 000 CZK.
(4) proceedings for the imposition of the fine start to riot 2 months from the date of
When the obligation breached. A fine reception State is a riot
the budget.
§ 91d
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
the obligation to prevent.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences,
the duration and circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the administrative authority has commenced proceedings about him within 2 years from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
The Energy Regulatory Office. Fines are State budget revenue and
their management of the Energy Regulatory Office shall exercise, under the tax code.
(5) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) liability of legal persons for the administrative offence is transferred to the
any of its legal successor; This does not affect the liability of the
the original legal entity, if as a result of the conversion of ceased to exist.
(7) If a defunct legal person more successors in title, shall be responsible for
administrative offence each of them. In the area of the fine will take into consideration whether or not to
to what extent were transferred to the legal successor of the income, benefits, and other
benefits of committed administrative offense, and continues to do so, if any
of the successors in the activity, which was an administrative offence has been committed.
(8) to lapse if the legal person who has committed an administrative offence, up to
the acquisition of the decision, in which it has been for this administrative offence
fine, the obligation to pay the fine on the legal
the successor to the defunct entity. If it is, successors in more
shall be responsible for payment of the fine jointly and severally.
CHAPTER FOUR
THE STATE ENERGY INSPECTION
§ 92
(1) the State Energy inspection is an administrative body with its headquarters in Prague.
(2) the State Energy inspection is subordinate to the Ministry and to be broken down to
Central Inspectorate and regional inspectorates. The territorial inspectorates
internal organizational units of the State Energy inspection. Headquarters
the territorial inspectorates of the Central Manager.
(3) State Energy inspection of the unit. For the purposes of
the management of State assets, including State budget have
the territorial inspectorates status of internal organizational units of the State
energy inspections.
(4) the head of the Central Inspectorate is the Central Manager. At the head of the territorial
the Inspectorate is the Director. The selection, appointment and dismissal of the Central
Director and is governed by the civil service.
The scope of the
§ 93
(1) the State Energy inspection checks on the proposal of the Ministry,
The energy regulatory office or on its own initiative compliance
and the energy management Act) ^ 5a)
(b)) of the supported sources of energy and on amendment to certain laws,
(c)) of the Act on prices ^ 4) in the range according to the competence of the bodies of the Czech
Kingdom in the area ^ 13) price.
(2) the State Energy inspection on the basis of its own findings stores
fines for violation of the legislation referred to in paragraph 1.
(3) in the performance of the checks with the State Energy inspection governed by special
legislation. ^ 14)
§ 94
(1) the State Energy inspection is authorised to
and require a written draft of the measure) and deadlines to eliminate
deficiencies within the prescribed period and the submission of written reports on their
delete,
(b)) to decide on the obligation to the measures proposed by the energy
Audit and of the time limits,
(c)) to check whether recipients of subsidies in the framework of the national programme
energy efficiency and use of renewable energy and its
secondary sources indicate in the applications and evaluations of full and truthful
data,
d) verify the energy savings that result from the energy services and other
energy efficiency improvement measures, including existing
national measures to increase energy efficiency,
(e)) to pass information to market participants about the mechanisms to increase
energy efficiency and their financial and administrative frameworks,
(f)) to require such information necessary for the performance of its activities.
(2) the State Energy inspection ensures supervision over, whether they are
products associated with the consumption of energy placed on the market, putting into service or
redistributed in accordance with the requirements laid down in the Act on
energy management. In this context, the State Energy inspection
shall be entitled to
a) request from the controlled persons all information needed to
assessment of compliance of energy-related products with the requirements of
the law on energy management,
(b)) to take over the load of persons needed samples of products
energy related to assess whether these products meet
the requirements of the law on energy management,
(c)), or to ensure carrying out analyses analyses to verify whether
products associated with the consumption of energy satisfies the requirements of the law on
energy management; perform these analyses shall be ensured by the
the competent authorities or persons; If the analysis found that the product
does not meet the requirements of the law on energy management, the costs of
perform analysis of the controlled person,
d) save controlled entities in order to eliminate within a specified period
weaknesses, their causes and consequences, or to
implement without delay the measures necessary to regularize the situation,
e) order the restriction or prohibition of the placing on the market, putting into service or
distribution of the product associated with the consumption of energy until it is
removed illegal status,
(f) order the withdrawal of non-compliant product) associated with the consumption of
energy from the market; at the same time the State Energy inspection may require
destruction of the product associated with the consumption of energy or require its
depreciation,
g) notify the measures taken pursuant to points (e) and (f))) without delay, the European
the Commission and the other Member States of the European Union.
(3) State Energy inspection, as the administrative authority concerned shall apply the
opinion on the zoning plan and the regulatory plan and binding opinion in
territorial management and construction management ^ 4 d).
(4) the State Energy Inspectorate collects and evaluates the comments
consumers and other interested parties regarding the conformity of the products
energy-related.
(5) If the State Energy inspection launches control on design
the Ministry or the Energy Regulatory Office shall be
to get acquainted with the results of the investigation.
(6) the decision at first instance, issued by the State Energy inspection. About
the appeal against the decision of the State Energy inspection shall be decided by
Managing Director of the State Energy inspection.
§ 95
The imposition of fines
(1) in fixing the amount of the fine, the State Energy inspection, taking into account the
the severity of the breach of obligations, in particular to the method of its infringement and
its consequences and the circumstances under which the violation has occurred.
(2) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
the obligation to prevent.
(3) the fine stores in the first instance the State Energy inspection. About
the appeal against the imposition of a fine shall be decided by the Central Director of the State
energy inspections.
(4) the procedure for the imposition of fines can be initiated within one year from the date of the
the territorial Inspectorate for breach of the obligations of the learned, but no later than
two years from the date on which the infringement occurred. The fine could not be saved
If you have passed from the violation of three years.
(5) the fines are State budget revenue and payment management
State Energy inspection.
(6) liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
CHAPTER FIVE
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Common provisions
§ 96
(1) the Energy Regulatory Office is competent to resolve disputes about
the rights and obligations arising from the legal relationship pursuant to § 17
paragraph. 5 (b). (b)), if at the same time with submitting a proposal for a decision
in a dispute, or within 15 days from the date of receipt of notice of the filing of
the proposal to decide on the dispute, the respondent with the power to express the energy
regulatory authority approval. The procedure is initiated on the date in which the consent of the
the respondent with the power to the Energy Regulatory Office received this
the Office. Otherwise, the Energy Regulatory Office proposal for a resolution
postpone.
(2) in proceedings conducted by the Energy Regulatory Office, the provisions of
the administrative code on the possible termination of the decomposition does not apply.
(3) decide the Energy Regulatory Office dispute on the conclusion or amendment of
the contract, the object of which is the connection or access to the transmission
the system, a transmission system or distribution system, extractive
pipeline or storage tank or on the conclusion of a contract according to § 17
paragraph. 7, the Energy Regulatory Office shall decide on the adjustment of the mutual rights and
obligations of the parties to the dispute. When deciding to take care to avoid establishing
the imbalance in the rights and obligations of the parties to the dispute.
(4) in proceedings conducted by the energy regulatory office upon inspection
in the file of the law recognized obligation of confidentiality applies in addition to the other
legally protected or recognised the secret also on the conservation
trade secrets or confidential information of commercial protection
trade pursuant to the commercial code. The dossier shall include, in addition to the documents
containing such secrets as the instruments from which it was this mystery
removed, or a sufficiently detailed report that secret
It does not contain. At the request of the Energy Regulatory Office is a person that
the protection of such a secret witness, shall in addition to the documents containing
such a secret present a Charter, which was such a secret
removed, or edit such documents a sufficiently detailed
an elevator that does not contain the secrets.
(5) the contract covered by this law shall be governed by the legislation in other
commitments and by modifying the terms and types of them coming under civil or
the commercial code, unless this law or the nature of the things it does
something else.
(6) the supplier of fuel, energy and raw materials, which are necessary for the performance of
duties beyond the scope of the license, is required to the extent required
supplier of above and beyond the license to continue the implementation of contracts concluded with
licensed to suppliers beyond the licence for a period of
enforceability of a judgment imposing obligations beyond the scope of the licence if
the contractor beyond the license obligations arising from these treaties from the
the decision on the imposition of duties beyond the scope of the license.
(7) the obligation arising from a decision of the Energy Regulatory Office
According to § 12 para. 2 or 3, the obligation arising from the measures imposed
by a decision of the energy regulatory office under section 18a of para. 3 or §
d of paragraph 1. 2 passes to the legal successor. Obligation arising from
the decision of the energy regulatory office under section 10, paragraph 1. 7 or § 12
paragraph. 7 this Act is transferred according to the nature of the legal successor or
to the transferee power equipment on which the decision
The Energy Regulatory Office shall be bound. If the successors in title or
purchasers of energy, responsible for the fulfilment of the
the obligation to jointly and severally.
(7) supervision over compliance with this Act, the Act on energy management and
the law about energy sources and amending certain laws in
objects important for the defense of the State carries out the Department of Defense, in the
the objects used for the tasks of the Ministry of Interior, the police of the Czech
the Republic, the Police Academy of the Czech Republic, fire & rescue
Corps of the United States, the Office for foreign relations and information,
The security intelligence service, and organizational components of the State
and contributory organizations established by the Ministry of the Interior conducts
The Ministry of the Interior, the Ministry of Justice carried out at the premises of
The Ministry of Justice. In the exercise of supervision, the Ministry shall proceed
defence, Ministry of the Interior and the Ministry of Justice, pursuant to section 18 of the
This Act, and in the case of imposition of fines pursuant to title a third of this
law or by the head of the fifth Act on energy management, or by
the head of the tenth Act supported energy sources.
section 96a
In the course of proceedings for the resolution of the dispute is the Energy Regulatory Office
entitled to require the parties to provide any evidence to
to support their claim, including an oral explanation. Participant
control is bound to the challenge and in the time limit set by the energy regulatory
by the Office
and provide explanations, submit) the requested documents relating to the
the subject of the dispute and to participate in the negotiations,
(b)) to enable the energy regulatory authority to look into their
business records relating to, held by the dispute.
section 96b
(1) in proceedings under section 17(2). 7 (b). (e)) has a request for the decision
dispute the same legal effect as if it were in the same case is brought by the
the Court.
(2) in proceedings under section 17(2). 7 (b). (e)) is inadmissible if the proposal
and on the substance already) decided to court or proceedings was
Court, or
b) dispute is or has already been the subject of arbitration.
§ 96 c
A review of the Energy Regulatory Office with a prescription
Of the European Union
(1) if the Commission decides that the decision issued by the Energy
Regulatory Office is in contradiction with the EU regulation ^ 22), the
The Energy Regulatory Office of the review procedure and shall issue a decision within 2
months from the date on which the Commission has issued such a decision. Energy
the regulatory authority shall take a decision without undue delay, inform the
To the Commission.
(2) For the examination of the decision issued by the energy regulatory
the Office with the EU regulation shall apply mutatis mutandis to the provisions of the administrative
procedure on review with the fact that the Energy Regulatory Office is not
bound by the time limits for the issuance of a resolution on the initiation of the review procedure, and for
the decision at issue in the review.
§ 96d
Coercive fines
(1) the Energy Regulatory Office shall recover the storage of coercive fines
meet
and continue performance) the obligations of licensed activities for
laid down in the decision of the energy regulatory office under section 10
paragraph. 4,
(b)) the obligation to provide energy equipment licensee for
the performance of the obligations above and beyond the licence pursuant to the decision of the energy
the regulatory authority under section 10, paragraph 1. 7 or § 12 para. 7,
(c) the obligation to supply) the heat energy beyond the scope of the licence or
distribution of electricity or gas distribution beyond the licence pursuant to
the energy regulatory authority decision according to § 12 para. 2 or 3,
(d)) of the obligations resulting from the corrective measures or conditions
laid down to ensure that the corrective measures imposed
decision by the energy regulatory office pursuant to § 18 para. 3,
e) obligations arising from measures imposed by decision of the
The energy regulatory office under section 18a of para. 3 or § d of paragraph 1. 2,
(f) the obligations arising from the decision), the Energy Regulatory Office,
Commission or the Agency issued in accordance with the regulation on conditions for access to
network for cross-border exchanges of electricity or the regulation of the conditions
access to the natural gas transmission networks or by directly
applicable regulation issued on the basis thereof or to their
the execution or performance of obligations arising from the decision of the Ministry of
issued in accordance with the regulation concerning measures to safeguard security of supply
natural gas.
(2) the provisions of § 105 para. 2 of the administrative code shall not be affected.
(3) coercive fines may be imposed repeatedly. The amount of the individual law enforcement
the fine to be imposed on
and physical person) must not exceed 100 000 CZK
(b) the licence holder to manufacture) of thermal energy or heat distribution
energy or another legal person or a natural person-entrepreneur may not
exceed 1 0000 0000 CZK
(c)) another licence holder isn't listed in subparagraph (b)) shall not exceed 5
0000 0000 CZK.
§ 97
cancelled
section 97a
The approval procedure and the procedure for the determination of the order
(1) the procedure for the approval of the rules of operation of the transmission system,
Distribution system operating rules, the order of transmission
system, the order of distribution system operator, the order of the operator
the storage tank, the market operator's terms and conditions or other
similar conditions or procedures, the approval of the energy
Regulatory Office stores the legislation, or amendments thereto (hereinafter referred to as
the "regulations") is initiated at the request of the holder of the licence. The procedure for the determination of the order
is initiated ex officio.
(2) a participant in the proceedings is the holder of the licence, whose order is the subject of
control.
(3) if approved by the order of the influence of changes of the legislation in conflict with the
law, licensee is obliged to submit within 3 months of
entry into force of such legislation the energy regulatory
the authority to approve the new draft regulations or draft amendment to the approved procedure,
fixing the conflict with legislation. In other cases, it is
the licensee shall be obliged to draft new regulations or changes to the approved proposal
order to submit at least 3 months before the date of effectiveness of the proposed new
changes to the approved order or order.
(4) if the licensee does not submit the Energy regulatory authority to
approval of the design of the order within the time limit laid down by the law or within the time limit
pursuant to paragraph 3, the Energy Regulatory Office shall invite the holder of the license to
its submission and shall set a reasonable time limit. After the lapse of time
laid down in the call for the Energy Regulatory Office shall initiate the procedure for the determination of the
of the order. Initiate proceedings ex officio, preventing the initiation of proceedings in the same case
at the request of the holder of the licence.
(5) If a special law review of the draft regulations caches with
the parties concerned, the holder of the licence consideration and its results
to demonstrate at the same time with the design of the order for his approval. If the holder of
the license submits the draft procedure and its results, even after the initiation of the
the proceedings within the time limit set by the Energy Regulatory Office shall proceed
The energy regulatory authority referred to in paragraph 6.
(6) the Energy Regulatory Office shall publish the design after the initiation of the order
manner allowing remote access, at least 10 working
days, unless a different period is fixed by law. The notice of
the publication of the Energy Regulatory Office shall be posted on the official Board, together with the
an indication of what the proposal is, where it is possible to meet him and to
When it is possible to apply comments. This does not apply in the case where the holder of the
the license discussed the proposal procedure with the parties concerned in accordance with paragraph 5 sentence
the first.
(7) any person whose legitimate interests may be approving or fixing
directly affected by the order, the Energy Regulatory Office may apply
comments with their reasoning. The comments, which the draft order
they do not apply, the comments of that person whose legitimate interests
cannot be directly affected by the order, approval or comments without
justification or put forward after the deadline, the Energy Regulatory Office
It does not address. The results of the settlement shall be published by the energy regulatory comments
the authority before a decision in a manner allowing remote access.
The Energy Regulatory Office may modify the order proposal taking into account the
the evaluation of the comments. If such an editing there has been a substantial
change the design of the order, the Energy Regulatory Office may decide to
repeated publication of draft regulations referred to in paragraph 6.
(8) the procedure for the energy regulatory authority referred to in paragraph 6 and
the application of the comments and their settlement referred to in paragraph 7, the
not covered by the General rules of administrative procedure. For the publication of the draft
order manner allowing remote access is not running will be issued
decision. In the procedure for approval of the draft regulations in § 45 para. 4 of the administrative
the order does not apply.
(9) the Energy Regulatory Office draft regulations or draft order
adjusted pursuant to paragraph 7 shall be approved if it is not contrary to the legal
Regulation and if the approval of the draft order does not establishing a significant
the imbalance in the rights and obligations of market participants, otherwise the draft order
will be rejected. In the case where the draft order was not wholly or partially approved,
the Energy Regulatory Office may lay down the conditions of employment of all or part of the proceedings
initiated ex officio.
(10) the procedure for the determination of the order of the Energy Regulatory Office shall proceed
so that the determination of the order to avoid establishing a significant imbalance in the
rights and obligations of the market participants. Established by order of the licensee is
without undue delay.
§ 98
Transitional provisions
(1) natural or legal persons who are established in the energy
sectors according to present regulations, it shall within one year from the date of
the effectiveness of this Act, apply for the grant of a licence, otherwise their
the business ceases to exist.
(2) the protection provided for in the electricity and heat generation by
the existing legislation does not change after the entry into force of this
the law. Exceptions from the provisions on protection granted under
the existing legislation shall remain in force even after the effective date of the
of this Act.
(3) safety zone gas devices determined in accordance with the existing
legislation and previous written consents with the establishment of the building
These zones shall remain in force even after the date of entry into force of this
the law.
(4) permission to foreign real estate, as well as limiting their use,
which arose before the effective date of this Act, shall remain unaffected.
(5) If a natural or legal person carrying out the purchase, sale and
storage of hydrocarbon gases in pressure containers, including their
transport, the issue of a trade licence request on this activity
within one year from the date of entry into force of this law, their
the business ceases to exist.
(6) canceled
(7) cancelled
(8) cancelled
(9) when you change the voltage of electricity, when you change the pressure or the type of gas and
change the system or its parameters initiated prior to the date of application
effect of this Act shall proceed in accordance with the existing laws,
regulations.
(10) the construction authorization must apply to any natural or legal
a person who requests a zoning decision on new construction after the date of acquisition
the effectiveness of this Act.
(11) the inspections referred to in Act No. 222/1994 Coll., on conditions for business and
the exercise of State administration in the energy industries and the State energy
inspection, as amended by Act No. 82/1998 Coll., State energy
inspections under this Act.
(12) the proceedings for the imposition of a fine, initiated before the entry into force of this
Act shall be completed according to the existing legislation.
(13) the operator shall ensure that the manufacturer respectively the reflection of an existing
easement pursuant to § 24 para. 4, § 25 para. 5, § 57 para. 2, § 58
paragraph. 2, section 59 paragraph 1. 2, § 60 para. 2 and § 76 para. 7 for energy networks
and the device into operation before the entry into force of this Act, to the
the land registry by the end of 2017. Details provided by the Special
Law ^ 19).
section 98a
Powers of execution
(1) the Ministry shall issue a decree
types of measuring devices), the location of the measuring devices and ways and
conditions of their installation, evaluations and determine the amount of
the amount of electricity or gas in case of failure of the measuring device and
method of determining damages against unauthorized collection, delivery,
transport or distribution of electricity, and inappropriate collection, delivery,
storage, transport or distribution of gas, and unauthorized subscription
thermal energy, terms and scope of the data transmission market operator
necessary for the performance of its duties,
(b)) ways of dispatching control, the extent of and procedure for dispatching
electricity generating stations, control rules for cooperation technical control,
the terms and scope of the data transmitted to the transmission system operators,
the transmission system operator or operator of a storage tank
distribution system for supervisory control, preparation of operational
or transmission system or distribution system and for the operation and development of the
the electricity or gas system, the evaluation of the operation
electricity and gas system and method of use of the device for
provision of support services, the method and procedure for determining the unclaimed
electricity and compensation for electricity when dispatching control neodebranou
pursuant to section 26 paragraph 1. 5 and the requirements for the technical equipment of power stations
for the purpose of dispatching control, an eventual reduction of production
electricity from renewable sources take into account technical and organizational
performance of individual types of renewable energy sources,
(c)) ways of making the balance of the gas system, the procedures for monitoring
capacity and performance in the gas network and the terms and scope of the information
transmitted to the participants in the gas market the market operator for creating balance
and monitoring capacity and performance in the gas network,
(d) request for grant), amendment, renewal and cancellation
authorization for the construction of selected gas devices, including model
of applications and the conditions for the examination of these applications,
e) measures and procedures carried out to prevent an emergency, when the State of
and consequences of a State of emergency, the way the announcement of State
emergency and emergency prevention and notification procedures in reducing
electricity production, electricity, gas and heat, including regulatory,
the power and the frequency plan, safety standard required
gas supply and content requirements of emergency plans, how to
ensure gas safety standards, the scope of protected customers
including the method of determination of their gas consumption, whose suppliers have
the obligation to meet the standard of safety gas supply,
(f) the registration procedure) the method and technical rules in the gas industry in
The Economic Chamber of the Czech Republic,
(g) expenses for) the way the supply of heat energy at the joint
measuring the quantity of thermal energy for multiple consumption points
or, in the case of the sampling sites are supplied with thermal energy
objects or parts of objects of different owners, who conclude a
the supply of heat energy, and no agreement on how to split
costs,
h) patterns of applications for granting authorization for the construction of production plants of electricity and
the procedure of the Ministry in their assessment.
(2) the Energy Regulatory Office shall issue a decree
and) establish financial and technical assumptions and expert
eligibility for individual types of licences, ways to determine a defined
territory and premises, demonstrating the title or right to
the use of power equipment, requisites of statement of the responsible
Representative, and the patterns of applications to the grant, amendment and cancellation of the licences and applications
on the recognition of business granted in another Member State
The European Union,
(b) content requirements) transmission system operating rules,
Distribution system operating rules, the order of transmission
system, the order of distribution system operator, the order of the operator
the stack gas and terms and conditions of the market operator,
(c) the supply and quality) of electricity services and
the gas industry, the amount of compensation for its failure to comply with, the procedures and time limits for
a claim for compensation and the procedures for reporting compliance with quality
supplies and services,
(d) the procedure for determining the amount of the financial) contribution from licensees to
the Fund, the procedure for withdrawing funds from the pool, the method of calculation
provable losses when carrying out the duties beyond the scope of the licence and the documents
which must be provable loss calculations supported by the evidence and defined,
(e)) the details and breakdown of the regulatory statements, including their designs,
depreciation rates for the purposes of regulation and rules for establishing the
regulatory statements and deadlines for their submission,
(f)) way to regulate in the energy sectors, procedures for the regulation of prices
and the terms and scope of the data transmitted to the holder of the license for the decision on the
prices, preparation and implementation of programmes to improve energy efficiency,
support and monitor energy services and other measures to increase the
energy efficiency,
(g) the conditions for production of electricity), gas distribution stations
systems, reservoirs and gas offtake points customers to the electricity or
the gas system, the method of determining the proportion of the costs associated with
connection and to ensuring the desired wattage or performance of electricity
or gas and the rules for the assessment of concurrent connection requests
h) electricity market Rules, which sets out the
1. conditions for access to the transmission system and distribution systems,
the range of published information to allow access to the transmission and
distribution system and ways to address the lack of capacity in the electricity
the system,
2. the dates for the submission of applications for the conclusion of contracts on the market with
the electricity and the dates of their contracts and registering with the operator
market,
3. the procedures and conditions for the transfer and the transfer of responsibility for
the derogation,
4. the scope and timing of the transmission of data for the evaluation of imbalances and
the billing for the supply of electricity and other services, the procedures for
evaluation, clearing and settlement of imbalances, including clearing and
settlement of regulating energy in a State of emergency and the State of prevention
emergency,
5. procedures for the procurement of regulating energy and ways of clearing
regulating energy,
6. the procedures for the application of compulsory bought electricity from renewable
sources in the electricity market,
7. Organization of the short-term electricity market and the balancing market and
their methods of settlement
8. the rules of creation, assignment and use of type-delivery diagrams
electricity,
9. the terms and procedure for choosing and changing supplier of electricity,
10. procedure for interruption, restriction and restoration of power supply in the
unauthorized subscription distribution, unjust and unlawful transfer,
11. to ensure the supply of electricity supplier last
instance,
12. the structure of the prices for the market operator's activities and the manner and terms
billing and reimbursement prices for market operator's activities by individual participants
electricity market,
I) gas market Rules, which sets out the
1. the rules on access to the transmission system to the distribution networks, and to
the storage tank, the range of published information to allow access
to the transmission system, distribution system, and the stack gas and ways
address the lack of capacity in the gas network,
2. the dates for the submission of applications for the conclusion of contracts in the gas market and
the terms of concluding contracts,
3. the procedures and conditions for the transfer and the transfer of responsibility for
the derogation,
4. the scope and timing of the transmission of data for the evaluation of imbalances and
billing of gas supply and other services, procedures for the assessment,
clearing and balancing the clearing and settlement of imbalances and countervailing
gas in a State of emergency and a State of emergency, prevention,
5. the procedures and deadlines for the submission of nominations and renominací,
6. the procedure for the operator of the storage tank in the sale of gas nevytěženého
out of gas after the demise of the Treaty on gas storage,
7. types of spot markets, their organization and their methods of
settlement,
8. the rules of creation, assignment and use of type-diagrams of gas supply,
9. the terms and procedure for choosing and changing supplier of gas,
10. procedure for interruption, restriction and restore gas supplies when you
unauthorized collection, unauthorized distribution and unlawful transport of,
11. to ensure the supply of gas to the supplier of last resort,
12. the structure of the prices for the market operator's activities and the manner and terms
billing and reimbursement prices for market operator's activities by individual participants
gas market,
j) range, the formalities and deadlines of the electricity supply, gas
or the heat energy and related services,
to retained data range) on the performance of contracts for the supply of electricity by the
or gas or their derivatives,
l) requirements for an application the approval of the appointment, election and recall
statutory authority, the members of the statutory body or members of the Supervisory Board
an independent transmission system operator, requirements for an application
approval of appointment or other provisions to the function and appeal of the
the functions of the auditor of the program of an independent transmission system operator, and
ways of demonstrating the technical competence of the auditor program.
(3) Ministry for regional development shall issue a decree the rules for
the cost breakdown on the heat for space heating and the costs of providing warm
water between the final consumers.
§ 99
Final provisions
Shall be deleted:
1. Act No. 222/1994 Coll., on conditions for business and for the exercise of State
in the management of energy sectors and the State Energy inspection.
2. article in Act No. 82/1998 Coll., amending and supplementing Act No.
50/1976 Coll., on zoning and the building code (the building Act), in
as amended, and amending and supplementing certain other
laws.
PART TWO
Amendment of the Act on the establishment of ministries and other central bodies of the State
administration of the Czech Republic
§ 100
In section 2 (2). 1 Act No. 2/1969 Coll., on establishment of ministries and other
Central Government authorities of the Czech Republic, as amended by Act No.
34/1970 Coll., Act No. 147/1970 Coll., Act No. 125/1973 Coll., Act No.
25/1976 Coll., Act No. 119/1983, Coll., Act No. 61/1988 Coll., Act No.
173/1989 Coll., legal measures of the Bureau of the Czech National Council No.
9/1990 Coll., Act No. 93/1990 Coll., Act No. 126/1990 Coll., Act No.
203/1990 Coll., Act No. 288/1990 Coll., legal measures of the Bureau
The Czech National Council No. 305/1990 Coll., Act No. 576/1990 Coll., Act No.
173/1991 Coll., Act No. 283/1991 Coll., Act No. 19/1992 Coll., Act No.
23/1992 Coll., Act No. 103/1992 Coll., Act No. 167/1992 Coll., Act No.
239/1992 Coll., legal measures of the Bureau of the Czech National Council No.
350/1992 Coll., Act No. 357/1992 Coll., Act No. 357/1992 Coll., Act No.
474/1992 Coll., Act No. 555/1992 Coll., Act No. 21/1993 Coll., Act No.
166/1993 Coll., Act No. 283/1993 Coll., Act No. 47/1994 Coll., Act No.
89/1995 Coll., Act No. 289/1995 Coll., Act No. 135/1996 Coll., Act No.
272/1996 Coll., the Act No. 152/1997 Coll., Act No. 15/1998 Coll., Act No.
148/2000 Coll., Act No. 63/2000 Coll., Act No. 130/2000 Coll., Act No.
154/2000 Coll., Act No. 204/2000 Coll., Act No. 239/2000 Coll., Act No.
257/2000 Coll. and Act No. 258/2000 Coll., the point 10 is replaced by the dot
the comma and the following point 11 is added:
"11. The Energy Regulatory Office.".
PART THREE
Amendment of the Act on the competences of the authorities of the Czech Republic in the area of prices
§ 101
Law No. 266/1991 Coll., on the scope of the authorities of the Czech Republic in the area of
prices, as amended by Act No. 135/1994 Coll., Act No. 151/1997 Coll. and act
No 151/2000 is amended as follows:
1. In paragraph 1, the word "ministries," the words "other administrative
the authorities ".
2. the following paragraph shall be inserted after paragraph 2b 2 c is inserted:
"§ 2 c
Energy Regulatory Office
and competence in the application), regulation, negotiation and inspection
prices in the energy sector,
(b)) is issued by the legislation for regulation, negotiation and the control of prices in
the field of energy,
(c) the decision to regulate) issue price, including rules for keying
costs, revenues and profits of regulated and non-regulated
activities. ".
3. In paragraph 3, the following paragraphs 3 and 4 are added:
"(3) the State Energy inspection checks compliance with the price
regulations in the energy sector.
(4) the State Energy inspection stores for violating price laws in
energy prices of the fine under special legislation. 2) ".
PART FOUR
Amendment to the Trade Licensing Act
§ 102
In annex No. 2:207-BOUND TRADE Group of chemical production of Act No.
455/1991 Coll., on trades (Trade Act), as amended by
Act No. 229/1992 Coll., Act No. 586/1992 Coll., Act No. 273/1993 Coll.,
Act No. 303/1993 Coll., Act No. 38/1994 Coll., Act No. 42/1994 Coll.
Act No. 138/1994 Coll., Act No. 200/1994 Coll., Act No. 237/1995 Coll.
Act No. 283/1995 Coll., Act No. 94/1996 Coll., Act No. 95/1996 Coll.,
Act No. 147/1996 Coll., Act No. 19/1997 Coll., Act No. 49/1997 Coll.,
Act No. 62/1997 Coll., Act No. 79/1997 Coll., Act No. 217/1997 Coll.
Act No. 277/1997 Coll., Act No. 15/1998 Coll., Act No. 82/1998 Coll.,
Act No. 167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll.
Act No. 359/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll.,
Law No 27/2000 Coll., Act No. 28/2000 Coll., Act No. 121/2000 Coll.
Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll.,
Act No. 149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll.,
Act No. 247/2000 Coll., Act No. 247/2000 Coll., Act No. 258/2000 Coll.,
Act No. 308/2000 Coll. and Act No. 367/2000 Coll., the following scope
trades as follows:
The text in column 1:
"The purchase, sale and storage of liquefied petroleum gas in
pressure vessels, including their transport ",
the text in column 2 is added:
"complete secondary education at the secondary school of technical direction
topped by GCSE and 5 years of experience in the field. "
PART FIVE
cancelled
§ 103
cancelled
PART SIX
The EFFECTIVENESS of the
§ 104
This Act shall take effect on 1 January 2000. January 1, 2001.
Klaus r.
Havel, v. r.
Zeman in r.
XIII.
Safety zones of gas devices
type of device: the size of the zone:
Stacks (fencing)
excluding separately located 250 m probes
Pressure tanks of liquefied gases
the inner content of 5 m3 to 20 m3 20 m
over 20 m3 to 100 m3, 40 m
over 100 m3 to 250 m3 60 m
over 250 m3 to 500 m3 of 100 m
over 500 m3 to 1000 m3 150 m
over 1000 m3 to 200 m 3000 m3
over 3000 m3 300 m
Gas-holders to 100 m3, 30 m
over 100 m3 50 m
Gas bottling plants (technology) 100 m
Liquefaction stations of compressed gases 100 m
Evaporating station of liquefied gases in 100 m
Compressor stations (by technology) 200 m
High pressure regulation station
up to 40 bars, including 10 m
Regulation station with a pressure of over 40 bar 20 m
type of device: the size of the zone:
High pressure gas pipelines and pipeline
connections to the pressure of 40 bars, including
up to DN 100, including 10 m
above DN 100 to DN 300 including 20 m
above DN 300 to DN 500 including a 30 m
above DN 500 to DN 700, including 45 m
above DN 700 65 m
High pressure gas pipelines and pipeline
connections with the pressure of 40 bars
up to DN 100, including 80 m
above DN 100 to DN 500, including 120 m
above DN 500 160 m
Gas stack probes
from the estuary
with pressures up to 100 bar 80 m
with the pressure of 100 bar 150 m.
Selected provisions of the novel
Article II of Act No. 279/2003 Coll.
Simultaneous supply of electricity and gas, carried out on the basis of
contracts concluded by the effective date of this Act shall be governed by existing
regulations.
Article. (II) Law No 670/2004 Sb.
Transitional and final provisions
1. The market operator shall, within 6 months from the date of entry into force of
of this Act, apply for the grant of the licence.
2. Rights and obligations of the balancing Centre under this Act shall be exercised by the
December 31, 2004 the Central gas dispatching.
3. the persons based in connection with the separation of the operators of distribution
systems in accordance with § 25 para. 3 or section 59A(1). 3 of Act No. 458/2000 Coll.,
as amended by this Act, or the transmission system operator pursuant to §
paragraph 58A. 4 of Act No. 458/2000 Coll., as amended by this Act, shall, within 30
days from the date of their establishment to apply for grant of license. By the time of the granting of
licences, or the time of origin of these people, if this date later
exercise the rights and obligations under this Act, the current holders of the
licences; on the same date cease to exist concurrently held by the operators license
distribution networks, with the exception of licences for the distribution of electricity and
licences for the distribution of gas, and the transmission system operator
concurrently held a licence, with the exception of licences to transport gas.
4. Rights and obligations arising from contracts for the supply of electricity and of
contracts on associated electricity supply services concluded with simultaneous
licensed to distribute electricity and licences to trade in
electricity, are transferred to the holder of a licence to trade in electricity,
that arose in connection with the Department pursuant to § 25a of Act No. 458/2000
Coll., as amended by this Act.
5. Rights and obligations arising from contracts for the supply of gas to and from contracts of
associated gas supply services closed the simultaneous holder of
licences for the distribution of gas and gas trade licenses are transferred to
the holder of the licence to trade in gas, which originated in the context of the
Department pursuant to section 59a of the Act No. 458/2000 Coll., as amended by this Act.
6. For the first time is the operator of a transmission, transport or distribution
systems required to handle and pass the energy regulatory authority and
Ministry program under section 24a of para. 2 (a). (d)), § 25a paragraph 1. 2 (a).
(d)), § 58 para. 2 (a). (d)) and section 59A(1). 2 (a). d) within 90 days from the date of
entry into force of this Act.
7. Vertically integrated gas entrepreneur who is the holder of
the license for the transport of gas, is obliged to decide on the method of separation
under section 58a and its decision within 30 days from the effective date of this
the Act notify in writing to the Ministry and to the Energy Regulatory Office.
8. If the customer is protected under section 21 or section 55 authorized
the customer is not a contract for the supply of electricity or gas supply
According to present regulations, without prejudice to the closed and continues to be considered
the contract of associated electricity supply services or a contract of
associated gas supply services and price set in the contract for the supply of
electricity or gas supply by reference to the prices of a decision on
with electricity or gas, is replaced by a reference to the supplier's price list
electricity or gas supplier, which must be published at least 30
days before the term of validity of the listed prices. in the event that the authorized
the customer does not agree with this price, have the right to terminate the contract with the
a notice period of one month. The notice period commences on the first day of the
the next calendar month.
9. the rights and obligations arising from agreements concluded in accordance with the connection
the existing laws of simultaneous distribution by licensee
electricity and electricity trade are transferred to the holder of the
the license to distribute electricity, which arose in connection with the Department
pursuant to § 25a of Act No. 458/2000 Coll., as amended by this Act.
10. The rights and obligations arising from contracts concluded by the connection
According to present regulations parallel the licensee to distribute the
gas and gas trade licenses are transferred to the holder of the license to
distribution of gas, which has arisen in connection with the Department pursuant to section 59a
Act No. 458/2000 Coll., as amended by this Act.
11. Permission to foreign real estate, as well as restrictions on their use, which
was established on the basis of contracts concluded with simultaneous licensed to
electricity distribution and trade of electricity according to present
regulations, shall pass to the holder of the licence for electricity distribution, which
arose in connection with the Department pursuant to § 25a of this Act.
12. Permission to foreign real estate, as well as restrictions on their use, which
was established on the basis of contracts concluded with simultaneous licensed to
gas transport and gas trade under the existing regulations,
passed on to the holder of the license for the transport of gas, that originated in the
connection with the Department pursuant to section 58 of this Act.
13. Permission to foreign real estate, as well as restrictions on their use, which
was established on the basis of contracts concluded with simultaneous licensed to
gas distribution and gas trade under the existing
regulations, shall pass to the holder of the license for the distribution of gas
arose in connection with the Department pursuant to section 59 of this Act.
14. If the Energy Regulatory Office contractor last
instance, the rights and obligations arising from contracts concluded by the
between the current supplier of last resort and the end customer to
new supplier of last resort. Current vendor last
an instance is required to provide the newly selected vendor last
an instance of the synergies and the necessary information.
15. The Energy Regulatory Office may decide on the options to include
authorized minimum costs incurred by licence holders for transfer
electricity, electricity distribution, gas transmission and distribution of gas in
connection with the opening of the electricity market, or the gas market to
regulated prices.
16. the administrative proceedings commenced before the effective date of this Act shall be completed
According to the existing legislation. Authorization to do business in the
energy sectors issued under previous legislation
cease to exist as of 31. March 2005.
Article. (II) Law No 158/2009 Sb.
Transitional provisions
1. Permission to foreign real estate, as well as limiting their use,
which arose before the date of entry into force of this Act, shall remain
shall remain unaffected.
2. rights and obligations of the market operator in the field of gas carry out
until the last day of the sixth month after the date of entry into force of
of this Act, the transmission system operator and the Balance Center.
3. Regulation of gas prices for international shipping does not apply to contracts
concluded prior to the effective date of this Act.
4. The distribution system operator is required to make technical
measures for the protection of birds on existing poles of outdoor leadership
high voltage to 15 years from the date of entry into force of this Act.
5. until the entry into force of the law appoints and dismisses the staff of the Central
the Director of the State Energy inspection of the Minister of industry and trade.
6. the administrative proceedings initiated before the date of entry into force of this Act shall be
completes in accordance with the existing legislation.
7. A certificate of origin issued in accordance with the existing laws, electricity
the regulations remain in effect.
8. decision on State Issued authorization for the construction of electricity production,
a direct line or plant heat energy remains in effect.
9. the Chairperson designated pursuant to the existing legislation is the Chairman of the
The energy regulatory office under this Act with the term of
2 years.
Article. XXXVI of law No 223/2009 Sb.
Transitional provision
The proceedings initiated before the date of entry into force of this law, and to this
the day the unfinished completes and the rights and obligations related to
assessed according to the existing legislation.
Article. (II) Act No. 211/2011 Sb.
Transitional provisions
1. Until such time as the transmission system operator or the operator
the transmission system operator requests the grant of a certificate, but not later than within 3.
March 2012, will not apply the provisions of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act governing the obligation to
ownership of the transmission system operator or the Department
the transmission system operator and the provisions governing the obligation to
to set up an independent transmission system operator. Until such time as
The Energy Regulatory Office shall decide on the grant of the certificate, the operator
the transmission system operator or a transmission system operator, will continue to be,
but not later than within 3. March 2012, the provisions of law No.
458/2000 Coll., in the version in force until the date of entry into force of this Act,
the separation of the transmission system operator or the operator's Department
the transmission system.
2. If so requested by the holder of the licence for the transmission of electricity or gas transport
the granting of the certificate within 3. March 2012, pending such
the decision to grant the certificate shall not apply the provisions of § article 10A(1). 1
Act No. 458/2000 Coll., in the version in force from the date of entry into force of
of this Act.
3. The transmission system operator shall propose within 6 months from the date of acquisition
the effectiveness of this Act, the person for whom ensures the gas on
the basis of the contract of carriage of gas concluded prior to the effective date of
of this Act, an amendment to this agreement to meet the conditions
the provisions of § 58 para. 8 (a). y) and z) of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act.
4. the draft amendments to the agreement referred to in section 3 shall be admissible only to the extent
strictly necessary for the fulfilment of the conditions the provisions of § 58 para. 8 (a). y) and
z) of Act No. 458/2000 Coll., in the version in force from the date of entry into force of
This law, and must not affect the determination of the agreed input and
the transmission system exit points and transport capacity on each of the
them is equal to the number agreed in the contract concluded by the
the contract for the route. The sum of the payment for the shipping capacity on the input and
the output point of the transmission system and other related payments is
equal to the sum of all payments under the contract and payment for transport
capacity at the entry point of the transmission system is equal to the payment for the
shipping capacity on this entry point according to the current tariff plan
the transmission system operator on the date of entry into force of this Act.
5. The transmission system operator shall not contract change proposal
revoke or bind to a specific period or condition. This
the proposal is binding until the time of its adoption, a participant in the gas market.
6. If there is no agreement on changing the contract in accordance with points 3 to 5, this
the fact the reason to withdraw from the contract.
7. the proceedings initiated before the date of entry into force of this law shall be completed
pursuant to Act No. 458/2000 Coll., in the version in force until the date of entry into force of
of this Act. In territorial proceedings about the location of the production of electricity
instituted before the effective date of this Act shall not apply
the provision of section 30a to 30 d of Act No. 458/2000 Coll., in the version in force from
the effective date of this Act.
8. inspections begun by the State Energy inspection within the scope of,
that the effective date of this Act, shall pass to the Energy
regulatory authority and that before that date did not complete, completes the
The Energy Regulatory Office.
9. the procedure for the imposition of fines initiated by the State Energy inspection
the scope that the effective date of this Act shall be transferred
the Energy Regulatory Office, and that before that date have not been
completed, completes the Energy Regulatory Office. The penalty is saved by
Act No. 458/2000 Coll., in the version in force until the date of entry into force of this
the law. The time limits for issuing administrative decisions shall be extended by 30 days.
10. The appeal brought against the decision issued by the State
energy inspections within the scope of that effective date of
This law passes to the Energy Regulatory Office, and before the
that date has not been decided, the President shall decide the energy
Regulatory Office. The deadline for a decision on the appeal is
extended by 30 days. In doing so, it shall proceed according to the provisions of the administrative code of
the procedure for decomposition.
11. the decision imposing a fine programme initiated by the State energy
inspections before the date of entry into force of this Act completes the State
energy inspections. Execution of the decision of the State Energy inspection of the
the imposition of fines, which will be launched after the entry into force of this
the law makes the Energy Regulatory Office. Execution of the decision of the State
energy inspections, imposing a fine that could be started before the
the effective date of this Act, makes the energy regulatory
the Office.
12. limitation under section 58d paragraph. 1 and 2 of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act, do not apply to persons
the term of Office or employment relationship to the
the transmission system was created before the date of entry into force of this Act.
13. the operator of the storage tank is required to make this separation
gas storage operator under this Act within 6 months from the date of
entry into force of this Act.
14. Producer of electricity is required to equip the factory with electricity
the installed power of 2 MW and more referred to traffic before the acquisition
the effectiveness of this law, a device allowing supervisory control to 30.
June 2012.
15. Electricity is obliged to furnish to the making of electricity with
installed power from 100 kW to 2 MW referred to traffic before the acquisition
the effectiveness of this law, a device allowing supervisory control to 30.
June 2013.
16. The length of the term of Office of the President of the Energy Regulatory Office
appointed before the date of entry into force of this law shall be governed by the law
No. 458/2000 Coll., in the version in force from the date of entry into force of this
the law.
17. for the financial year following the year in which they will take this
the effectiveness of the law, when determining the amount of the fee is based on the annual
the total amount of electricity and gas, for which market participants to
electricity and gas market shall be borne by the participants in accordance with the price
the prize for the clearing rules of the market operator, consumed in the Czech
Republic in 2010. The Energy Regulatory Office shall publish a notice in the form of
communication in the statute book, the total quantity of electricity and gas, for which
the participants in the electricity market and gas market shall be borne by the participants in accordance with the
pricing rules price for clearing the market operator, consumed in the
The Czech Republic in the year 2010, within 30 days from the date of entry into force of this
the law.
18. the decision on State authorization for the construction of electricity production,
a direct line or production of thermal energy released prior to the date of acquisition
the effectiveness of this law shall remain in force. Decision referred to in
the previous sentence issued for a fixed period shall be considered as decisions
for an indefinite period.
Article. (II) Act No. 90/2014 Sb.
Transitional provision
Electricity trader will propose within 6 months from the date of entry into force of
of this Act, the distribution system operator, which for him
ensures distribution of electricity on the basis of the distribution agreements concluded
before the date of entry into force of this Act, an amendment to this Treaty so that
comply with the provisions of § 50 para. 6 of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act.
Article. (II) Act No. 131/2015 Sb.
paid
1) European Parliament and Council Directive 2009/72/EC of 13 April 2004. July
2009 concerning common rules for the internal market in electricity and repealing
Directive 2003/54/EC.
European Parliament and Council directive 2009/73/EC of 13 April 2004. July
2009 concerning common rules for the internal market in natural gas and
repeal of Directive 2003/55/EC.
European Parliament and Council Directive 2006/32/EC of 5 July 2004. April 2006 on
energy end-use efficiency and energy services
and repealing Council Directive 93/76/EEC.
European Parliament and Council Directive 2005/89/EC of 18 June 2003. January 2006
on measures to safeguard security of electricity supply and investments in
infrastructure.
1) Law No 513/91 Coll., the civil code, as amended
regulations.
1A) European Parliament and Council Regulation (EC) no 713/2009 of 13 July.
July 2009 establishing an agency for the cooperation of energy
regulatory authorities.
European Parliament and Council Regulation (EC) no 714/2009 of 13 July.
July 2009 on conditions for access to the network for cross-border trade in
electricity and repealing Regulation (EC) No 1228/2003.
European Parliament and Council Regulation (EC) no 715/2009 of 13 July.
July 2009 on conditions for access to the natural gas transmission networks
and repealing Regulation (EC) no 1775/2005.
European Parliament and Council Regulation (EC) no 617/2010 of 24.
June 2010 on the obligation to inform the Commission of investment projects in the
energy infrastructure within the European Union and repealing Regulation
(EC) No 736/96.
Regulation of the European Parliament and of the Council (EC) No 994/2010 of 20 September. October
2010 concerning measures to safeguard security of gas supply and repealing
Council Directive 2004/67/EC.
1 d) Act No. 240/2000 Coll., on crisis management and amending certain acts
(emergency law), as amended.
1 d) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
1E) part six of Act No. 337/1992 Coll., on administration of taxes and fees, in the
as amended.
1F) § 52 para. 3 of Act No. 40/1964 Coll., the civil code.
2) Act No. 2/1969 Coll., on establishment of ministries and other Central
the authorities of the Czech Republic, as amended.
2A) European Parliament and Council Regulation (EC) no 714/2009 of 13 July.
July 2009 on conditions for access to the network for cross-border trade in
electricity and repealing Regulation (EC) No 1228/2003.
2B) European Parliament and Council Regulation (EC) no 715/2009 of 13 July.
July 2009 on conditions for access to the natural gas transmission networks
and repealing Regulation (EC) no 1775/2005.
3) Act No. 40/1964 Coll., the civil code, as amended
regulations.
4) Act No. 526/1990 Coll., on prices, as amended.
4A) Act No. 180/2005 Coll., on aid for the production of electricity from renewable
sources of energy and on amendment to certain laws (law on the promotion of the use of
renewable resources).
4 c) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended
regulations.
4 d) Act No. 183/2006 Coll., on zoning and the building code
(the building Act).
4E) Law No 184/2006 Coll., the withdrawal or restriction of ownership rights to
of the land or the building (law on expropriation).
5) Act No. 151/1997 Coll., on the valuation of assets and amending certain
laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.
Law No. 289/1995 Coll., on forests.
Decree No. 55/1999 Coll. on the method of calculating the amount of the loss or damage
caused to forests.
5A) Act No. 406/2000 Coll. on energy management, as amended
regulations.
6) Decree No. 18/2002 Coll., on conditions of connection and transport of electricity
in the electricity grid, as amended by Decree No. 350/2003 Coll.
6) Decree No 150/2001 Coll., laying down minimum efficiency of use
energy in the production of electricity and thermal energy.
Act No. 406/2000 Coll. on energy management, as amended
regulations.
6) section 1 of the Act No. 133/2000 Coll., as amended by Act No. 53/2004 Sb.
6a) Decree No 150/2001 Coll., laying down minimum efficiency
use of energy in the production of electricity and thermal energy.
8) Act No. 244/1992 Coll., on the assessment of the effects on the environment.
8) § 4 (b). e) of Act No. 101/2000 Coll., on the protection of personal data and on the
amendments to certain laws.
9) § 5 para. 1 (b). c) of Act No. 101/2000 Coll., as amended by Act No.
439/2004 Sb.
9A) Act No. 137/2006 Coll., on public procurement.
9B) Act No. 563/1991 Coll., on accounting, as amended.
10) the Constitutional Act No. 110/1998 Coll., on the security of the United States.
10A) Act No. 86/2002 Coll., on the protection of air and amending certain
other acts, as amended.
11) Act No. 406/2000 Coll. on energy management.
12) Act No. 506/1990 Coll., on weights and measures, as amended by Act No. 119/2000
SB.
12A) Act No. 129/2000 Coll., on regions (regional establishment), as amended by
amended.
Act No. 133/2000 Coll., on the capital city of Prague, as subsequently amended
regulations.
13) Law No. 266/1991 Coll., on the scope of the authorities of the Czech Republic
prices, as amended.
14) Act No. 553/1991 Coll. on State control, as amended
regulations.
15) Act No. 183/2006 Coll., on zoning and the building code
(the building Act).
section 13 of Act No. 406/2000 Coll. on energy management.
17) § 149 paragraph. 1 Act No. 500/2004 Coll., the administrative code.
18) Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic.
19) Decree of the Czech Office of cadastral and land measurements.
20) European Parliament and Council Regulation (EC) no 713/2009 of 13 July.
July 2009 establishing an agency for the cooperation of energy
regulatory authorities.
21) European Parliament and Council Regulation (EU) No 994/2010 of 20 September.
October 2010 concerning measures to safeguard security of gas supply and the
repeal of Council Directive 2004/67/EC.
22) Article. 39 of Directive 2009/72/EC.
Article. 43 directive 2009/73/EC.
23) § 12 para. 2 (a). (b)) Law No 552/1991 Coll., on State control, in
as amended.
24) Act No. 183/2006 Coll., on zoning and the building code
(the building Act), as amended.
