Energy Law

Original Language Title: energetický zákon

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=49962&nr=458~2F2000~20Sb.&ft=txt

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.