131/2015 Sb.
LAW
of 13 June. may 2015
amending Act No. 458/2000 Coll., on conditions for business and performance
State administration in the energy sectors and on amendments to certain laws
(Energy Act), as amended, and other related
the laws of the
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment to the Energy Act
Article. (I)
Act No. 458/2000 Coll., on conditions for business and public administration
in the energy sectors and on the amendment of certain laws (energy
Act), as amended by Act No. 151/2002 Coll., Act No. 260/2002 Coll., Act
No. 309/2002 Coll., Act No. 278/2003 Coll., Act No. 356/2003 Coll., Act
No 670/2004 Coll., Act No. 186/2006 Coll., Act No. 342/2006 Coll., Act
No 296/2007 Coll., Act No. 124/2008 Coll., Act No. 158/2009 Coll., Act
No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act
No. 155/2010 Coll., Act No. 211/2011 Coll., Act No. 299/2011 Coll., Act
No 420/2011 Coll., Act No. 458/2011 Coll., Act No. 165/2012 Coll., Act
No 350/2012 Coll., Act No. 90/2014 Coll. and Act No. 250/2014 Sb,
amended as follows:
1. Footnote 1 and 1a shall be inserted:
"1) European Parliament and Council Directive 2009/72/EC of 13 June 2002.
July 2009 concerning common rules for the internal market in electricity and
repeal of Directive 2003/54/EC.
European Parliament and Council directive 2009/73/EC of 13 June 2002. 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.
Directive of the European Parliament and of the Council of 2012/27/EU of 25 June. October 2012
on energy efficiency, amending directives 2009/125/EC and 2010/30/EU and
repeal of directives 2004/8/EC and 2006/32/EC.
Directive of the European Parliament and of the Council of 2011/83/EU of 25 June. October 2011
on consumer rights, amending Council Directive 93/13/EEC and
European Parliament and Council Directive 1999/44/EC and repealing Directive
Council 85/577/EEC and European Parliament and Council Directive 97/7/EC.
1A) European Parliament and Council Regulation (EC) no 713/2009 of 13 July.
July 2009 establishing an agency for the cooperation of energy
the regulatory authorities.
Regulation of the European Parliament and of the Council (EC) no 714/2009 of 13 July.
July 2009 on conditions for access to the network for cross-border trade with the
electricity and repealing Regulation (EC) No 1228/2003.
Regulation of the European Parliament and of the Council (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.
Regulation of the European Parliament and of the Council (EC) no 617/2010 of 24 March.
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 (EU) No 994/2010 of 20 September. October
2010 concerning measures to safeguard security of gas supply and repealing
Council Directive 2004/67/EC.
Regulation of the European Parliament and of the Council (EU) No 347/13 of 17 November 2003. April
2013, laying down guidelines for trans-European energy networks
and repealing Decision No 1364/2006/EC and amending Regulation (EC) No.
713/2009, (EC) no 714/2009 and Regulation (EC) no 715/2009.
Regulation of the European Parliament and of the Council (EU) no 1227/2011 from 25 June.
October 2011 on the integrity and transparency of the wholesale market
energy. ".
2. In article 2 (2). 1, letter a) is repealed.
Letters b) to (g)) shall become letters and) to (f)).
3. In article 2 (2). 1, point (b)) to (d)) shall be deleted.
Subparagraph (e)), and (f)) are renumbered as paragraphs (b) and (c)).)
4. In section 2 (2). 1 (a). (b)), the words "undertaking" shall be replaced by the words
"the business of race".
5. In section 2 (2). 1 at the end of subparagraph (c)), the newly designated dot is replaced by
the comma and the following new subparagraph (d)), which read:
"(d) the information is protected information) in any form, that has the
the character of business secrets or other legally protected information
or the nature of the information of a commercial, technical or financial
obtained in the performance of the activities of the holder of the license, which is not publicly
available ".
6. In section 2 (2). 2 (a). and point 6), the word "place,", the words
"that is connected to the transmission or distribution system and".
7. In section 2 (2). 2 (a). and paragraph 9, the words) "supply point" shall be replaced by
the words "place of electricity".
8. In section 2 (2). 2 (a). and) point 17:
"17. the customer person who purchases electricity for its own final
the use of the sampling site ".
9. In section 2 (2). 2 (a). and) points 19 to 21 shall be added:
"19. related services in the electricity transmission system service
or service distribution system,
20. the transmission system by ensuring the transmission of electricity,
system services and services related to the security of a reliable
and the safe operation of the transmission system operator,
21. the distribution system by ensuring the distribution of electricity and
services related to the security of a reliable and safe operation
the distribution system, ".
10. In section 2 (2). 2 (a). (b) point 8 is added:)
"8. the natural gas facility downsizing of the gas transmission system
distribution system, stack gas, coal gas pipeline and direct
the gas pipeline, ".
11. In section 2 (2). 2 (a). (b) point 9), the word "town gas," shall be deleted and the word
"biogas" is replaced by "biometan".
12. In section 2 (2). 2 (a). b) points 11 and 12 are added:
"11. the pipeline connection of the device beginning with a turn of the gas pipeline
distribution system and completed before the main gas seal; This
the device is used to connect the sampling gas equipment,
12. gas equipment gas equipment, gas connections, which
are not in the ownership of the distribution system operator, the sampling
gas equipment, tanks of liquefied gases, gas-holders, plnírny,
zkapalňovací and evaporation stations ".
13. In section 2 (2). 2 (a). (b) point 14 is deleted).
The former items 15 to 27 shall be renumbered as paragraphs 14 to 26.
14. In section 2 (2). 2 (a). (b)) point 25:
"25. customer, the person who buys the gas for its own final
the use of the sampling site ".
15. In section 2 (2). 2 (a). (b)) the following points 27 to 30 shall be added:
"27. related services in the transport of gas, or gas service
service distribution system,
28. transport service providing transport of gas transport
system, including activities related to the security of a reliable and
the safe operation of the transmission system operator,
29. by ensuring the distribution of the gas distribution system
the distribution system, including security-related activities
reliable and safe operation of the distribution system,
30. the storage provisioning service, storage of gas, including
activities related to security, reliable and secure
the operation of the gas system operator of the storage tank in it
operated by the stack gas ".
16. In section 2 (2). 2 (a). (c)), point 1, the words "the owner or tenant
the distribution of the heat "shall be replaced by" the person who has the ownership or
exploitation right to power heat "and the word" or "shall be replaced by the word
"or".
17. In section 2 (2). 2 (a). (c)), point 2 is added: ' 2. supplier of thermal energy
the manufacturer or distributor of heat energy, which supplies thermal energy
the other person ".
18. In section 2 (2). 2 (a). (c)), points 4 and 5 are added:
"4. the customer, the person who buys the thermal energy for its final
use and removes the tapping purchased thermal energy thermal
a device that is directly connected to the thermal power equipment
or the source of thermal energy,
5. the customer of thermal energy or heat energy distributor
customer ".
19. In section 2 (2). 2 (a). c) point 6, the word "supply" shall be deleted and the word
"distributor" shall be inserted after the words "heat energy".
20. In section 2 (2). 2 (a). c) point 7, after the words "supplier" and the word
"the customer", the words "heat energy".
21. In section 2 (2). 2 (a). c) point 8 is added:
"8. the sampling device attached to a heat source of heat
power or to power heat equipment and intended for the collection of the thermal
energy and the consumption of thermal energy in the object or its part ".
22. In section 2 (2). 2 (a). c) point 9 is for the word "transformation", the words
"heat of the substance or its".
23. In section 2 (2). 2 (a). c) point 11 is added:
"11. the manifold heat transport device for thermal energy
consisting of heat networks, heat stations, předávacími and connections;
transfer stations or thermal connection are part of the distribution of the heat
in the case of a device that has a distributor of thermal energy ownership
or the exploitation right; part of the distribution of the heat device are with him
the related control and command and signalling systems and data transmission ".
24. In section 2 (2). 2 (a). (c) point 12), the words "comprehensive construction work
technically "shall be replaced by" building or construction "and the word" one "
repealed.
25. In section 2 (2). 2 at the end of subparagraph (c)) shall be replaced by a comma and dot
the following point 15 is added:
"15. thermal connection part of the heat network, which allows you to supply
thermal energy only for a single object. ".
26. In section 3, paragraph 3:
"(3) in the energy sectors in the territory of the Czech Republic can
under the conditions laid down in this law, a person only on the basis of a licence
granted by the Energy Regulatory Office. The licence is also required to
the production of electricity in the power plant with an installed output of over 10
kW intended for own consumption of the customer, if the producer of electricity
linked to the transmission system or distribution system, or of the
electricity generated in electricity generating stations with an installed
power up to 10 kW, including intended for own consumption of the customer, if
It is in the same sampling location attached to other electricity plant holder
the licence. ".
27. In section 3, paragraph 3, the following paragraph 4 is added:
"(4) the Licence does not require
and) on trade, production, distribution and storage of coke oven gas
NET, degazačního and generator gas, propane, butane, biometanu
and their mixtures, if it is not a distribution pipeline systems, to
which is more than 50 offtake points,
(b)) for the production of thermal energy intended for one single object
customer. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
28. In section 3, paragraph 5, including the footnote No 25:
"(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. To fulfil the propane, butane and their mixtures into cylinders with
inadequate periodic examination, or in bottles not satisfying the
technical requirements on bottles intended for filling propane, butane and
their mixtures in accordance with special regulations ^ 25) is prohibited. The performance of
propane-butanových cylinders without the consent of the owner is prohibited.
25) Act No. 174/1968 Coll., as amended.
Act No. 22/1997 Coll., as amended.
The Government Decree No 208/2011 Sb.
The international agreement on the transport of dangerous goods by road (ADR)
as amended.
EN 1439. ".
29. In section 4, paragraph 1 reads:
"(1) a Licence shall not be granted
and a maximum of 25 years), and the
1. production of electricity,
2. gas production,
3. the production of thermal energy,
(b)) for an indefinite period, and that the
1. the transmission of electricity,
2. the transport of gas.
3. the distribution of electricity,
4. the distribution of gas,
5. gas storage,
6. the distribution of thermal energy,
7. the market operator's activities,
(c)) for a period of 5 years, on the
1. electricity trade,
2. shop with gas. ".
30. In section 4, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
31. In section 4, paragraph 4. 3, the words "property or other" shall be replaced by the words
"or", the words "25 years" shall be replaced by the words "is the period of validity of
the license provided for in paragraph 1, the word "license" is granted "
replaced by the words "the license associated with this device is awarded the" and the words
"this time" shall be replaced by the words "duration of the ownership or exploitation
the law ".
32. In section 5 paragraph 1 reads:
"(1) the condition for the grant of a license to a natural person is
and full responsibility,)
(b)) the integrity,
(c)) the competence of the representative or the responsible pursuant to section
6. ".
33. In section 5 (3). 2 the words "(a). and (c))) "shall be replaced by the words" (a). and) and
(b)) ".
34. In section 5, the following paragraph 9 is added:
"(9) without a licence for the production of electricity, gas production licenses or
the license for the production of thermal energy a person may operate a mill
electricity, manufacture of gas or source of heat energy to the extent necessary
appropriate to the technical nature of the equipment in order to verify the technical
the assumptions referred to in paragraph 7 (hereinafter referred to as "operation to verify the
technology "); the condition is the connection of electricity production plants in accordance with the
the connection agreement and the negotiation of a contract, the object of which is the supply of
electricity or gas produced in the course of operation for authentication
technology to another market participant with electricity or gas, or
the supply of heat energy thermal energy customer. Operation for verification
technology and the expected length of the person shall be notified at least 30 days
before starting any operation or an extension for authentication
technologies to the Energy Regulatory Office. Operation for verification
technology lasting longer than 1 year is only possible on the basis of the consent of the
issued by the Energy Regulatory Office, at the request of the person operating the
the plant's electricity, manufacture of gas or source of heat energy.
Consent of the Energy Regulatory Office shall be granted if the applicant demonstrates that
traffic for the verification of the technology more than 1 year is necessary due to the
the nature of the technological equipment, estimated the complexity or
created during the operation to validate the technology. After a period of operation
to verify the technology on the person operating the plant's electricity,
manufacture of gas or thermal energy source to apply mutatis mutandis the provisions of
This Act, which shall apply to the producers of electricity, gas producers
or manufacturer of thermal energy. ".
35. In article 6, paragraph 3 is deleted.
Paragraphs 4 to 7 shall become paragraphs 3 to 6.
36. In section 7 (2). 2 (a). (b)), the word "place" is deleted.
37. In section 7 (2). 3 (b). and the words ") of the statutory body or its
Members ' shall be replaced by the words "a member of the statutory body".
38. In section 7 (2). 3 (b). (b)), the word "place" is deleted.
39. In section 7 (2). 4 letter a) is added:
"and a copy of the documents proving the emergence) of a legal person, if that person is not
registered in a public register; foreign legal person attaches a statement
from the business or the like in the register kept by the State of the document
on the operation of the business of the race abroad. "
40. In section 7 (2). 4 (b). (b)), the words "the statutory body or his"
be deleted and the word "Member" shall be inserted after the words "statutory authority".
41. In section 7 (2). 4 (b). (f)), the words "and that is not defined in the function
the responsible agent for a licensed activity with another holder
the licence "shall be deleted.
42. In section 7 (2). 4 (b). (g)), the word "undertaking" shall be replaced by the words
"the business of race" and the word "undertaking" shall be replaced by the words "commercial
race ".
43. In section 7 paragraph 5 is added:
"(5) the energy regulatory office in order to demonstrate
and integrity of the applicant) requests by special legal regulation ^ 1 d)
extract from the criminal register; application for the issue of the extract from the register
an extract from the criminal record and criminal record shall be transmitted in electronic form, and
through public data networks,
(b) registration in a public register) the applicant requests a statement from the public
register or such a fact verified in the information system of the public
the management of the applicant the following documents to the application for the grant of a licence or
requests for the amendment of the decision on granting the license. If it is to
application for the grant of the licence required by the extract from the land register,
The Energy Regulatory Office shall request an extract from the land register or
such a fact verified in the information system of public administration, if
the applicant the following documents to the application for the grant of a licence or an application for amendment of the
the decision on the grant of the licence. ".
44. In Section 7a, paragraph. 2, the last sentence shall be deleted.
45. In section 8 (2). 2 (a). and), after the words "if it has been assigned," shall be inserted after
the words "or date of birth," and the words "social security number and identification
If the number has been assigned, or birth date, "shall be deleted.
46. In section 8 (2). 2 (a). (b)), the word "place" is deleted.
47. In section 8 paragraph 8 is added:
"(8) a list of the decision on the grant, amendment or cancellation of the licences and the content of the
those decisions, with the exception of protected information published
Energy Regulatory Office in the energy regulatory journal. ".
48. In section 9 is added at the end of paragraph 1, the sentence "the obligation to submit
the documents and ask for change under the previous sentence shall not apply to amendments to the
already registered in the basic registers and new energy equipment
the transmission system operator, and transmission system operator,
distribution system operator and the holder of the license for the distribution of heat
the energy that was built within the territories in which it is competent
power equipment operator holds the appropriate licence.
The transmission system operator, and transmission system operator,
the distribution system operator and the holder of the license for the distribution of heat
energy shall be notified by 30. April in the context of regulatory statements
The Energy Regulatory Office summary changes operated by a State
energy equipment for the previous calendar year at the newly built
power equipment, power equipment, or obtained
energy equipment, which stopped its use licensed
activity, including deleted power equipment on their
defined areas. The energy regulatory authority on the basis of the amendments referred to in
the previous sentence shall initiate proceedings ex officio license changed. ".
49. In section 9, paragraph 2:
"(2) On the basis of the requests referred to in paragraph 1, the Energy Regulatory Office
shall decide to amend the decision on the grant of the licence. ".
50. In section 10, paragraph 1. 1 (a). and the words "), 9 to 11" is replaced by "8 to
10. "
51. In section 10, paragraph 1. 1 (a). (b)) for the word "dissolution", the words "or
transformation "and at the end of the text of subparagraph (b)), the words" unless it is a
the cases referred to in paragraph 11, ".
52. In section 10, at the end of paragraph 1, the period is replaced by a comma and the following
letter e), which reads as follows:
"(e)) by a court decision about the cancellation of the licence.".
53. In section 10, at the end of paragraph 3 the dot replaces the comma and the following
the letter d), which read:
"(d)), the licence holder has not settled properly, even after warning regulated price
distribution system services, regulated the price of the services of the transmission system
or controlled the price of transport services to inform
distribution system, transmission system operators or
the transmission system operator.
54. In section 10, paragraph 7 shall be deleted.
Paragraphs 8 to 11 shall become paragraph 7 to 10.
55. In section 10, paragraph 1. 7, the words "referred to in paragraph 7 shall be deleted.
56. In section 10, paragraph 1. 8 (a). (d)), the words "heritage" shall be replaced by the words
"the administrator of the estate or the executor of the will."
57. In section 10, paragraph 9 is added:
"(9) If the person or persons shall continue until the end of proceedings on the heritage in
the performance of licensed activities, are required to notify the
The energy regulatory authority in writing within 3 months of the date of death
the holder of the licence or of the date of the Declaration for the dead or the start
proceedings for a declaration for the dead. The administrator of the estate or the executor
the will is required to notify the energy regulatory authority continued
in the performance of the licensed activity within 3 months from the date when the
take a function. ".
58. In section 10, paragraph 1. 10 (b), the words "9." is replaced by "8 (b).".
59. In section 10, the following paragraph 11, which read:
"(11) in the conversion of a legal person may be the legal successor of the licence holder
or legal person arising as to continue the operation of the
licensed on the basis of the decision on the grant of license
přeměňované legal persons, provided that within 1 month from the date of
the legal effects of the conversion shall notify the continuation in the licensed activity
The Energy Regulatory Office, and at the same time he shall submit the application for the grant of
the license for activity which carries out on the basis of the decision on the
přeměňované legal person license. Until the release of the decision of the
The energy regulatory authority to grant licences for the converted
a legal person or a legal person suffered as it continues
legal successor or a legal person created by splitting in performance
a licensed activity with the fact that the date of first entry into service of the production plants
is maintained. The release of the decision of the Energy Regulatory Office on
applications for licensure assignee or legal person
incurred by splitting the licence expires přeměňované legal person. ".
60. In section 10a of the paragraph. 2, the words "or he could stop" shall be deleted.
61. In section 10a of the paragraph. 3 the words "could lead" shall be replaced by the word "lead".
62. In section 11 (1). 1 (a). (e)), the comma after the words "to provide to the Ministry"
replaced by the word "and" and the words "and the State Energy inspection"
shall be deleted.
63. In section 11 (1). 1 (f)):
"(f)) vyúčtovávat the supply of electricity, gas, heat energy and related
service in the electricity sector and related services in the gas industry, ".
64. Section 11 (1). 1 letter):
"to) refrain from all activities that might impede the demand for
energy services ^ 5a) or other measures aimed at
increasing energy efficiency and providing them or that would
they can hinder the development of markets for these services, ".
65. In section 11 is at the end of paragraph 1, the period is replaced by a comma and the following
the letters r, n)) are added:
"n) to submit to the Energy Regulatory Office of the documents necessary for
processing of quarterly and annual reports on the operation of systems in the
energy sectors,
at the request of the customer) in the position of consumers make it
designated providers of energy services information from Bill delivery
energy and data about its energy consumption for at least the 3 preceding
posting period
p) offer customers the ability to pass information about the billing of supplies
energy and related services in electronic form and on demand
to provide clear and understandable explanation of the way in which their
the Bill drafted
q) to submit documents for the market operator message processing on the future
the expected consumption of electricity and gas, and about how to balance security
between supply and demand of electricity and gas,
r) provide data from the register of technical infrastructure by
the construction of the law at the request of any person who proves a legal interest ".
66. In section 11 (1). 2, after the words "when addressing the", the words "of the emergency
the situation ^ 1e) and "and the words" it works "shall be replaced by the words
"the works are permanent bodies for coordination of components
the integrated rescue system ^ 1e) and ".
67. the footnote 1e No.:
"1e) Law No. 239/2000 Coll., on the integrated rescue system and amending
certain acts, as amended. ".
68. In article 11, paragraph 5 shall be deleted.
69. In § 11a paragraph. 1 the last sentence, the word "amendments" is replaced by
"Increase" and the words "required to publish" the words "and to notify the
to their customers in a manner agreed by the contract "and the words" 30 days "
replaced by the words "on the thirtieth day". At the end of the paragraph, the following sentence shall be
added: "If there is no notification in the contract, the holder of the
the licence shall notify the customer to increase the prices for the supply of electricity or gas
or changes to other terms and conditions of supply of electricity or gas to a provable
way. ".
70. In § 11a paragraph 2, including the footnote No 1 is added:
"(2) in the case of contracts for the supply of electricity, gas or heat energy
or the contract of associated electricity supply services or gas, which
closed customer in the position of the consumer with the holder of the licence
distance or off-premises licence holder, runs
a two-week deadline for withdrawing from the Treaty under the Special
^ Law 1) from the date of its conclusion.
1) Law No 89/2012 Coll., the civil code, as amended
regulations. ".
71. In section 11a is inserted after paragraph 2 paragraph 3 and 4 shall be added:
"(3) in the case of a contract for the supply of electricity or gas or the Treaty on
associated electricity supply services or gas, which when changed
the vendor has closed a customer in the position of consumers with holder
licence distance or off-premises of the holder
the license, the customer is entitled to cancel the contract without penalty, concluded on
for an indefinite period or for a specific, within the 15th day after the start of
the supply of electricity or gas. The time limit is maintained, if during the
notice sent to the holder of the licence. The notice period shall be 15 days and shall
run the first day of the month following the delivery of the notice. This does not
without prejudice to the rights and obligations of the customer and the licensee in accordance with this
the law relating to the negotiated termination of a contract concluded for a period of
an indefinite period.
(4) in case of doubt on the licence holder, the contract will
the customer has entered into, to prove that the agreement was not closed distance
way or outside business premises. ".
Paragraphs 3 to 7 shall be renumbered as paragraphs 5 to 9.
72. In § 11a paragraph. 5, the words "30 days" shall be replaced by the words "on the thirtieth day"
the words "10 days" are replaced by the words "the tenth day" and in the last sentence,
the following sentence "the right to withdraw from the contract in accordance with this paragraph,
the customer does not arise in the case of an increase in the regulated prices, taxes, and folders
charges, and in the case of changes to other terms in the necessary
the scope of the purpose of guaranteeing compliance with generally binding legal
Regulation. ".
73. In § 11a paragraph 9 is added:
"(9) If a holder of a licence to trade in electricity,
gas, electricity, the production of gas or heat energy supplier
advance payments for the supply of electricity, gas or heat energy,
provides for an advance payment, not exceeding the extent of reasonably foreseeable
the consumption of electricity, gas or heat energy in the following
billing period. ".
74. In section 12, paragraph. 1, the following sentence "in the case where the licensee
eliminated the right to use the energy of the device concerned, the obligations
the supply of heat energy, electricity distribution, or
distribution of gas beyond the licence continued in the performance of the licensed
the activities of this licensee. The owner of the energy
a device in this case is the energy required to provide equipment and
the performance of licensed activities. ".
75. In section 12 paragraph 4 is added:
"(4) on the proposal of the owner or operator of the energy
the device or from the power of the official Energy Regulatory Office shall issue a decision
in accordance with paragraphs 2 and 3 for a specified period, not exceeding 12 months.
The energy regulatory authority in the event of urgent needs and in the public
the interest shall be entitled to extend the period of validity of the decision on a proposal from the owner
or operator of the equipment or ex officio.
Decomposition of these decisions does not have suspensory effect. ".
76. In section 12, paragraph 7 shall be deleted.
77. In section 12a paragraph 2 is added:
"(2) the supplier of last resort delivers electricity or gas
the customer, the supplier of electricity or gas ceased to be a privilege or
as the subject of settlement does not meet the financial conditions for the settlement of imbalances
or in the case of the supply of electricity on the basis of the Treaty on the joint
electricity supply services does not have benefited from related service in
in the case of the electricity or gas on the basis of the Treaty on
associated gas supply services does not have benefited from related service in
the gas industry. This obligation arises on the day when the market operator shall notify the
the supplier of last resort, the registration number of the sampling locations
of the customer, in which no one is not responsible for the variance, it takes not more than
6 months and does not apply to the customer, whose gas consumption for
the last 12 months was higher than 630 MWh. ".
78. Article 12a shall be inserted after paragraph 2, a new paragraph 3 is added:
"(3) the supplier of electricity or gas, which ceased to be a privilege or
the ability to supply electricity or gas or does not have a guaranteed service
the distribution system operator shall notify this fact immediately to the operator
the market. The distribution system operator, inside of which a defined territory
is the sampling location, for that is not secured distribution service
system referred to in paragraph 2 shall notify this fact immediately to the
the operator market. ".
Paragraphs 3 to 7 shall be renumbered as paragraphs 4 to 8.
79. In article 14, paragraph. 2 the words "§ 4, paragraph 4. 1 (a). h) and (i)) "shall be replaced by
"section 4, paragraph 4. 1 (a). and section 3 and §) 4 (4). 1 (a). (b)), section 6 ".
80. section 15, including the title.
81. In § 15a paragraph. 1 the comma after the word "Ministry" is replaced by
"and" and the words "and the State Energy inspection" shall be deleted.
82. In § 15a paragraph 1 the following paragraph 2 is added:
"(2) a market participant under directly applicable regulation in the European Union
adjusting the integrity and transparency of the wholesale energy market
(hereinafter referred to as the "regulation on the wholesale energy market") or any other person in the
employment, business, or a similar relationship to the market participant
According to the Regulation of the wholesale energy market are required to provide
the Ministry and the energy regulatory authority on the written request of the
set a reasonable time complete, correct and true data and
the information necessary for the performance of their responsibilities in accordance with the regulation on
the wholesale energy market. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
83. In § 15a paragraph. 4, the comma after the word "Department" shall be replaced by
"or" and the words "or the State Energy inspection" shall be deleted.
84. under section 15a, the following new section 15b, which including the title:
"§ 15b
The obligation of retention of data reported to the Agency
If a market participant under article. 8 Regulation of the wholesale market
the obligation to notify the Agency of energy transactions on the wholesale
energy markets, is obliged to keep records of the transactions notified to the
in accordance with the implementing regulation for article. 8 (2). 2 and 6 of the regulation on the
the wholesale energy market for a period of 3 years from the date of the transaction
or from the adoption of the plan to carry out the transaction. ".
85. Section 16 (a). d) point 6 is added:
"6. the annual statistics on the performance of the combined production and use
fuels and energy savings achieved by applying the primary
the combined production of electricity and heat from high-performance cogeneration
electricity and heat from the combined production of electricity and heat with low
efficiency in relation to the total capacity for the production of heat and electricity,
the capacity of the combined production of electricity and heat, fuel for combined
production of electricity and heat, and the heat production and supply capacity systems
heat energy and cooling in relation to the total production and capacity for
heat and electricity and primary energy savings achieved by the application of
the combined production of electricity and heat, ".
86. In § 16 is the letter h) repealed.
Letters i) to y) are known as the letters h) up to x).
87. In section 16 of the letter m) is added:
"m) issued a binding opinion on the 10-year plan for the development of the transmission
system and the 10-year development plan, the transmission system ".
88. In section 16 of the letter o), including footnotes, no 30:
") is the competent authority for the implementation of the measures laid down by the regulation on
measures to safeguard security of natural gas supply ^ 21) and
Regulation laying down guidelines for trans-European energy
the network ^ 30),
30) European Parliament and Council Regulation (EU) No 347/13 of 17 November 2003.
April 2013, laying down guidelines for trans-European
energy networks and repealing Decision No 1364/2006/EC and amending
Regulation (EC) no 713/2009, (EC) no 714/2009 and Regulation (EC) no 715/2009. ".
89. Section 16 (a). with a comma) between the word "resources" and the words "support
the heat "by clutch" and "and the words" support to biometanu and support
decentralised electricity production, "shall be deleted.
90. In § 16 is at the end of the letter x) dot is replaced by a comma and the following
the letters y) and z) are added:
"y) draws up and 30. April each year send the Commission a report on the
progress in the implementation of the national energy efficiency goals,
from) draws up and every 3 years to 30. in April of that year transmitted to the Commission
the national energy efficiency action plans. "
91. In § 17 paragraph. 4, the third sentence, after the words "Regulation on conditions
access to the natural gas transmission networks ^ 2b) ", the words",
Regulation of the wholesale energy market ".
92. In § 17 paragraph. 7 (b). (b)) for the word "licence" shall be inserted the words "or
between the licensee and the customer ".
93. In § 17 paragraph. 7 (b). (d)), the word "or" between the words "heat" and
"electricity" is replaced by a comma and the words "secondary energy
resources "shall be inserted the words" or heat from renewable energy sources ".
94. In § 17 paragraph. 7 the letter e) is added:
"e) on the proposal of the customer in the position of the consumer Subscriber
electricity, gas or heat energy for consumption at home or
the customer who is a natural person-entrepreneur, decides
1. disputes between the customer and the licensee for the fulfilment of the obligations of the
contracts, whose subject is the supply or distribution of electricity, gas,
or thermal energy,
2. to determine whether the legal relationship between the customer and the holder of the licence,
whose subject is the supply or distribution of electricity, gas, or
thermal energy, takes or has lapsed, and when it happened, ".
95. In § 17 paragraph. 7 (b). (f)), the words "the electricity and gas industry"
shall be replaced by the words ' energy sectors ".
96. In section 17(2). 7 the letter i) is added:
"i) approved a 10-year development plan of the transmission system and a 10-year
development plan of the transmission system operator; approval of the 10-year development plan.
the transmission system operator or the 10-year development plan, the transmission system
is subject to the mandatory opinion of the Ministry, ".
97. In § 17 paragraph. 7 (b). m), the word "month" shall be replaced by
"quarterly" and the words "the electricity system and the gas system"
replaced by the words "systems in the energy sectors".
98. Section 17 is at the end of paragraph 7 is replaced by a comma and dot is added
letter s) is added:
"with) monitors and evaluates the compliance of the quality of supplies and services in the
the electricity and gas industry. "
99. In § 17 paragraph. 8 (a). (g)), the word "approved", the words "after the
the general meeting ", the words" of the statutory body or "shall be deleted,
the words "Board of Trustees" shall be inserted the words "or of the Board" and the words
"statutory authority" shall be deleted.
100. In § 17 paragraph. 10 the first sentence, the words "Chamber of Deputies", shall be deleted;
the words "Czech Republic" shall be inserted after the word "Government" and the words "and the Government and
The Chamber of Deputies a report on management "shall be replaced by the words" and
management ".
101. In § 17 paragraph. 10 the second sentence, after the word "activities", the words
"and management".
102. Section 17 is at the end of paragraph 10, the following sentence "Energy
the regulatory authority shall transmit to the Commission once a year a national report on the State of
electricity and gas industry, which at the same time publish, in the manner
enabling remote access. ".
103. In § 17 paragraph 11 is added:
"(11) the energy regulatory office regulates the prices for the related service in
the electricity sector, the related service in gas and electricity prices and
gas supplier of last resort. The Energy Regulatory Office is
authorized on a proposal from the transmission system operator to decide on the
a different procedure, making the prices for international transport of gas based
on the way to market. The Energy Regulatory Office on factually directs prices
heat energy. ".
104. In § 17 paragraph 13 reads:
"(13) an employee included in the energy regulatory office or
a person in a different relationship to the Energy Regulatory Office (hereinafter
"an employee of the Energy Regulatory Office"), on the basis of
for the Energy Regulatory Office shall exercise the activity in which he learns
protected information, is obliged to maintain secrecy about them. This
obligation takes even after employment or other relationship to
The Energy Regulatory Office. The obligation of confidentiality does not apply,
If these persons served on such facts and information
the testimony of the prosecuting authorities in criminal proceedings or in proceedings before the Court,
where applicable, if the challenge of these authorities or the Court serves a written
expression. Violation of obligation to maintain confidentiality is the provision of
protected information to the Commission, the Agency, regulatory authorities of the Member
States, the Ministry, other administrative authorities and the market operator for the
the purpose of the performance of their responsibilities or duties and for carrying out the tasks
The Energy Regulatory Office. In this case, the recipient is obliged to
to ensure the same level of protection for proprietary information as
transmitting. ".
105. In paragraph § 17a. 3 (f)):
"(f)), mom,".
106. In paragraph § 17a. 4 (f)):
"(f)), mom,".
107. section 17b and 17 c, including headings and footnotes, No 46:
"§ 17b
Organization of the Energy Regulatory Office
(1) in the Energy Regulatory Office is headed by a Council of energy
regulatory authority (hereinafter referred to as "the Council"), which has five members. One of the members of the
The Council is the President of the Council. The President controls the work of the Council, in its
the absence of control activities by the Council.
(2) the members of the Council and its Chairman shall be appointed and dismissed by the Government on a proposal from the
Minister of industry and trade. The term of Office of members of the Council is 5 years. Each
the year is appointed a member of the Council. The function of the President of the Council is a member of the Council
appointed for a period of time remaining until the end of its membership in the Council, but not more than
for a period of 3 years.
(3) a member of the Council may be appointed to a citizen of the Czech Republic, which
and) is fully svéprávný,
(b)) is blameless; for integrity is not a citizen, that was
been convicted for an intentional criminal offence, if his conviction for
the offences were not zahlazeno to him or for any other reason,
as would not be condemned; not be considered further for impeccable citizen who
does not meet the conditions laid down by a special legal regulation ^ 46),
(c)) has at least 7 years of experience in the field of energy, of which at least 3 years in the
the management or Executive; for practice in the field of energy shall be deemed
activities in the production, transfer, transport, distribution, divorce or
the supply of electricity, gas or heat, activity in the field of trade with
electricity, gas or heat or activity in the organs of State administration and
the market operator in these fields,
(d)) has completed university studies in the master's degree programme,
(e)) does not function or activity incompatible with the performance of the functions of a member of
The Council,
(f)) in the field of energy is a recognized and experienced personalities.
(4) a member of the Council is incompatible with the functions of a Deputy or a Senator,
the judge, the Prosecutor, any functions in the public administration, with the
the functions of a member of the territorial self-government authorities and with membership of a political party
or in a political movement.
(5) a member of Council ceases
and the date of expiry of term of Office),
(b)), citing
c) relinquishing the functions,
(d)) on the day when took over the functions incompatible with the functions of Member of the Council,
(e)) the acquisition of the judgment the Court about his mom or
committing an intentional crime or
(f) upon the death or declaration) for the dead.
(6) The Council shall not hold a license or other
business activities in the area of energy, may not participate in
the business licence holder or other persons working in the field
energy, be a member of any body of such person or otherwise
participate in the business leadership of such a person, or grant, directly or
vicariously or similar activities of consultancy to the holder of the licence or
another person working in the field of energy. Member of the Council shall not hold
other paid function, be in employment or other
employment relationship or to carry out other gainful activity, with the
the exception of the management of own assets and activities of scientific, pedagogical,
literary and art, current affairs, if this activity does not interfere with
dignity or threatens confidence in the independence and impartiality of the
The Energy Regulatory Office.
(7) a member of the Council, the Government may appeal, in the case of gross or repeated
less serious breach of its obligations, the disease permanently hinder
the execution of his duties or if he does not pursue its function for longer than
6 months. The Government on the proposal of the Minister of industry and trade shall promptly
the Council shall appoint a new Member for the remainder of the period of revocation
Member.
(8) the President of the Council shall cease at the time of the demise of his function as a Member
The Council referred to in paragraphs 5 and 6. The decision on the appeal of a member, including the
justification, shall be forwarded to the President of the Council of odvolanému and at the same time it shall publish
on the day of the demise of the function. The Government on the proposal of the Minister of industry and trade
without delay, shall appoint a new Chairman of the Council for the remainder of
the period of revocation of the President of the Council.
(9) the Council shall decide by a vote. Each Council Member has one vote.
A Council decision is adopted if you voted for him, at least 3 of her
members. The voting results Protocol, which shall be signed by all
present members of the Board and the person who was responsible for the formulation of the Protocol;
When access to file is out of the question of access to this Protocol.
(10) the Council
and) approved
1. plan the activities of the Energy Regulatory Office,
2. The Energy Regulatory Office draft budget and final account
The Energy Regulatory Office,
3. the rules of procedure of the Council, organizational, filing and signing the order of Energy
regulatory authority,
4. report on the activities and management of the Energy Regulatory Office,
5. proposals for the implementing legislation,
6. proposals for price controls, policy
7. proposals for price decision
(b)) decides on appeals against a decision issued by the
The Energy Regulatory Office,
(c) the Commission shall appoint the members of the Appeal Committee).
(11) against the decision of the Council is not subject to appeal.
(12) in the first instance in the management of the Energy Regulatory Office.
(13) the President of the Council is entitled to salary, reimbursement of expenses and remuneration of performance
as the President of the Supreme Audit Office. Member of the Council is entitled to a salary
and natural performance as a member of the Supreme Audit Office. The Chairman and the
other members of the Council have after the demise shall be entitled to a transitional allowance in the amount of
three times the monthly salary that they belonged to at the time of the demise of the function.
Be entitled to a transitional allowance does not arise, if the President or a member of the Council of the functions
revoked, or the arbitrator, therefore, that took over the functions of the incompatible
with the function of Member of the Council, or if after the expiry of his term of Office was again
appointed a member of the Council or if it has been been sentenced for the crime of
performance.
(14) the Council considered the staff authority according to the law on State service;
decision-making in matters of government services may delegate to the Chairperson of the Council. The Council of the
the State is entitled to give orders to employees according to the service performance
the law on the civil service; This permission can bring to individual members
Of the Council.
§ 17 c
Cooperation with the Office for the protection of competition and the Czech national
Bank
(1) the Energy Regulatory Office, the Office for the protection of competition and the
The Czech National Bank shall provide each other's suggestions, and other information
forms of cooperation necessary for the performance of its tasks. When forwarding
information to the beneficiary shall ensure the same level of confidentiality as
the transferring.
(2) the Energy Regulatory Office shall inform the Office for the protection of
the competition for the
and the negotiations of market participants) that may be reasonably considered, that distort
or restrict competition or to such restriction or distortion
lead,
(b)), the application of restrictive or unfair terms in contracts
the market for electricity, gas or heat production sector,
(c)) ways of pricing of electricity, gas and heat energy for
household. ".
46) Law No. 451/1991 Coll., laying down some other assumptions
for the performance of certain functions in State bodies and organizations of the Czech and
Slovak Federal Republic, the Czech Republic and the Slovak Republic,
in the wording of later regulations.
108. In section 17 d of paragraph 1. 1 the word "clearing" is replaced by "activities".
109. In section 17 d of paragraphs 2 to 6 shall be added:
"(2) the Rate of the fee in the energy sector, the Government lays down its
Regulation to cover the costs of the activities of the energy
regulatory authority and is at least 1.70 Kč per month and not exceeding 2.50
CZK per month at each Subscriber in place of the customer's electricity consumption.
(3) the Rate of the fee in the industry provides government gas regulation
to cover the costs of the activities of the Energy Regulatory Office and the
is at least 1 CZK/MWh and a maximum of 1.40 CZK/MWh for the quantity
the consumed gas.
(4) the annual amount of the fee shall be determined as a multiple of the rate referred to in paragraph 2
and the total number of consumption points of the customers taking electricity for
energy sector and as a multiple of the rate referred to in paragraph 3 and
the total consumption of gas for the gas industry, according to data as of 31.
12. the systems passed by the market operator in the Czech Republic
for the calendar year preceding the calendar year in which the
draw up a draft budget for the Energy Regulatory Office
the following financial year, for which the electricity market participants and
the gas market shall be borne by the participants in accordance with the pricing rules price for
clearing the market operator.
(5) the total number of consumption points of the customers taking electricity and
the total quantity of gas consumed in the Czech Republic in accordance with paragraph
4 the Energy Regulatory Office shall publish by 30 September. June of the calendar year
form of communication in the collection of laws.
(6) the market operator is in the course of the year shall be a charge on the
the revenue account of the State budget to the tenth day of the calendar month in
equal to one twelfth of the annual fee laid down in accordance with 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 the prices for the market operator's activities. "
Paragraph 6 is renumbered as paragraph 7.
110. In section 17e of paragraph 1. 2, the following new subparagraph (b)), which read:
"(b)) the draft implementing legislation in the field of its competence".
Letters b) to (d)) shall be renumbered as paragraphs (c) to (e)).)
111. the following shall be added in section 17e of paragraph 4 to 12 shall be added:
"(4) everyone whose legitimate interests may be the proposal referred to in paragraph 2
(a). and (b))), or (e)) or a plan referred to in paragraph 2 (a). (d))
without prejudice to, the Energy Regulatory Office may apply the comments with the
their reasoning. The comments, which do not concern the design or plan,
the comments, which applies a person whose legitimate interests cannot be
proposal or plan directly affected, or the comments without justification
or put forward after the time limit, the Energy Regulatory Office is not obliged to
to deal with.
(5) Comments can be applied within 15 days from the date of the publication of the draft
in accordance with paragraph 2 (a). and (b))) or e) or plan referred to in paragraph 2 (a).
d). There is a danger of delay, the Energy Regulatory Office
entitled to shorten this period mutatis mutandis. The time limit for the application of the comments, however,
shall be not less than 5 working days.
(6) the results of the settlement of the Energy Regulatory Office shall publish comments
in a way that allows remote access to 30 days after the expiry of the period referred to in
paragraph 5. The Energy Regulatory Office may the proposal referred to in paragraph 2
(a). and (b))), or (e)) or a plan referred to in paragraph 2 (a). d) Edit with
taking into account the evaluation of the comments. If such an editing
significant change in design or plan, the Energy Regulatory Office
decide on the consultation on the proposal or plan repeatedly.
(7) in the consultation of the draft policy, price controls as
paragraphs 8 to 11.
(8) the Energy Regulatory Office shall publish, not later than 16 months ago
at the beginning of the buffer period in a manner enabling remote access design
the principles of price controls and set a time limit for the submission of public comments,
which may not be less than 60 days. The Energy Regulatory Office shall allow the
the submission of comments by the news of the place referred to in paragraph 3.
The comments received after this deadline shall be disregarded.
(9) the publication of the design principles of price regulation of the Energy Regulatory Office
shall notify the operator of the transmission system, transmission
system operators, distribution system operators and market operator,
invite them to apply comments and set a time limit for their submission,
which may not be less than 60 days. The comments received after the deadline
shall be disregarded.
(10) for the consideration of the public comments and the bodies referred to in paragraph 9 of the
arranges the energy regulatory office within 30 days after the expiry of the time limits for
comment, the public hearing. Information about the place and time of the venue
public discussion of the Energy Regulatory Office shall publish in the manner
enabling remote access for at least 14 days prior to its holding. Public
discussion can participate in the bodies referred to in paragraph 9 and the one who
in due time he handed to the design principles of price controls. About
during the public consultation leads the Energy Regulatory Office written
record.
(11) after the public consultation comments performs energy regulatory
the Office of a written settlement submitted comments to the draft of price policy
Regulation and shall publish it, including its justification in a manner enabling
remote access within 30 days from the date of the public hearing. Part of the
the written comments of the settlement is the written record of the public
consultation.
(12) the Energy Regulatory Office price decisions issued is required to
under this Act, with the exception of factually usměrňovaných heat prices
the energy issue by 30. November of the preceding year,
for that in the Energy Regulatory Office price decisions regulated
the prices. Pricing decisions relating to pricing usměrňovaných materially
thermal energy and regulated prices according to the law No. 165/2012 Coll.
supported by the sources of energy and on amendment to certain laws, is
The Energy Regulatory Office shall issue no later than 30 June 2005. September of the year
preceding the year for which the Energy price decision
regulatory authority regulated prices established. ".
112. section 17f including title:
"section 17f
Relationship to the Parliament of the Czech Republic
(1) the Energy Regulatory Office shall submit to the Chamber of deputies of the Parliament
The Czech Republic and Senate of the Parliament of the Czech Republic, after consultation
the Government report on the activities and management. On-demand is the energy
regulatory authority shall be obliged to provide the Chamber of deputies of the Czech Parliament
the Republic and Senate of the Parliament of the Czech Republic for an explanation and additional
information on the content of the report on the activities and management. Consideration of reports
on the activities and management of the Chamber of deputies of the Czech Parliament
the Republic and Senate of the Parliament of the Czech Republic or the designated authorities is
President of the Council shall attend to the Energy Regulatory Office.
(2) the Hearing if the Chamber of deputies of the Czech Parliament, the Senate
The Parliament of the Czech Republic or the authorities of the matter covered
the scope of the Energy Regulatory Office shall be entitled to request
at the hearing, the participation of the President of the Council of the Energy Regulatory Office.
The Energy Regulatory Office is obliged to provide the Chamber of Deputies
The Parliament of the Czech Republic, Senate of the Parliament of the Czech Republic, or
their authorities to the present case, the opinion and the necessary information or
the explanation.
(3) on the request of the Chamber of deputies of the Czech Parliament, the Senate
The Parliament of the Czech Republic or the designated authorities is the energy
the regulatory authority shall, within 30 days from the request, inform the
planned measures 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 secrecy
According to § 17 paragraph. 13. ".
113. under section 17f shall be added to section 17 g, including title:
"§ 17 g
The registry
National Register of market participants by the regulation on the wholesale electricity market
energy (hereinafter referred to as "the register") is a non-public public information system
Administration. ".
114. In section 18, paragraph. 1 (a). (c)), for the words "natural gas"
the words "and the regulation of the wholesale energy market".
115. In section 18 at the end of paragraph 1, the period is replaced by a comma and the following
letter e), including footnotes, No 28 reads as follows:
"e) of the Act on energy sources supported ^ 28).
28) Law No. 165/2012 Coll., on supported energy sources and amending
certain acts, as amended. ".
116. the footnote No 14:
"14) Act No. 255/2012 Coll. on inspection (inspection regulations), as amended by
amended. ".
117. In § 18 paragraph 4 is added:
"(4) the Energy Regulatory Office Employees carrying out surveillance in
energy sectors are showing the staff ID card issued by the
The Energy Regulatory Office. ".
118. In section 18, paragraph 4, the following paragraph 5 is added:
"(5) in exercising control under the Regulation of the wholesale energy market
is the Energy Regulatory Office also
and require from the person) that is in employment or similar relationship
the controlled person, to clarify the facts relating to the information,
documents or things relating to the subject matter of the inspection; This person
may deny such clarification, if it caused the danger
prosecution for a criminal offence or administrative offence,
(b) require from persons required) according to the law on the control of presentation
existing records, reports or related data transmitted
through a network of electronic communications, records, phone
call logs or records of data on storage media, and relating to the
the subject of checks,
(c)), or to seal business premises of the cabinets, the Clipboard, or business
the records they found on time and to the extent necessary for the implementation of
inspection. ".
The present paragraph 5 shall become paragraph 6.
119. In § 18 paragraph 6 is added:
"(6) the time limit for handling objections controlled persons against the inspection
the Protocol is a superset of the person examining the 30 days and in particular the
complex cases, 60 days from the date of their delivery. ".
120. In section 18, the following paragraph 7 is added:
"(7) for the purpose of carrying out checks in accordance with Regulation of the wholesale market
with energy on the spot in the commercial areas are employees
The energy regulatory office conducting the check, if they are not
assistance, allowed to ordain to these areas and to
access documents. ".
121. In section 18a, paragraph 2 reads:
"(2) for the purposes of the investigation prior's energy regulatory
the Office will require the representation of the Office for protection of economic competition,
the Ministry and the Czech National Bank, where it is appropriate and advisable. "
122. In section 18b, paragraph 1 reads:
"(1) where the Energy Regulatory Office of the investigation on the electricity market
or gas, is a market participant with electricity or gas, natural or
legal person whose business is the performance of propane, butane and
their mixtures, and the market participant under the regulation of the wholesale market
the energy required to undergo investigation, the energy regulatory office in
business premises ".
123. Article 19a, paragraph 1 reads:
"(1) in the regulation of prices of related services in the electricity sector and prices
related services in gas progresses the Energy Regulatory Office
a transparent and predictable manner, in accordance with the principles of price
the regulation of regulated prices to cover economically justified
the cost of ensuring a reliable, safe and efficient performance of
licensed activities, further depreciation and reasonable profit to ensure
the return on investments in the equipment used for the performance of
licensed activities and the legitimate costs of increasing energy
efficiency in the construction and operation of the transmission system, transmission system
and distribution systems. This does not apply in the case of prices for international
the transport of gas, if the Energy Regulatory Office shall decide on a different
the procedure for the formation of these market-based prices on the way. Energy
the regulatory authority shall take into account the transmission development plan approved by
system, the development plan of the transmission system and the foreseeable future
demand and the requirements of the operational security of the transmission system,
the transmission system and distribution systems and the measures taken for the
to ensure the security of gas supply by directly applicable
Regulation of the European Union ^ 21). ".
124. In article 19a, paragraph 1, the following new paragraphs 2 and 3, which
added:
"(2) the price of related services in the electricity sector, means the price of the service
the transmission system operator or distribution system services, which include
the price for system services, the price for market operator's activities, including the
the fee for the activity of the Energy Regulatory Office and the prices on the
the support of electricity from energy sources supported under the law on
supported by energy sources.
(3) the price of related services in the gas sector means the price of the service
the transport of the gas distribution system, or services which include price
for the market operator's activities, including the fee for the activity of the energy
Regulatory Office. ".
Paragraphs 2 to 5 shall be renumbered as paragraphs 4 to 7.
125. In paragraph 4 of section 19a is inserted:
"(4) the Energy Regulatory Office shall proceed mutatis mutandis pursuant to paragraph 1 sentence
First, when the material guide the prices of thermal energy. The substantive orientation of prices
the heat energy does not apply to the determination of price is lower than the limit
the price the Energy Regulatory Office shall lay down the implementing the legal
the code. In setting the reserve price in accordance with the second sentence into account
the full cost, including the cost of foreign capital and the competitive
the heating source that has the same or a similar impact on the
environment. ".
126. In article 19a, paragraph. 7, the words "or adjusted price" shall be replaced by the words "or
establishing the price of "and the words" distribution of electricity or gas "shall be replaced by
the words "for service in the electricity distribution system, or
the gas industry ".
127. Article 19a shall be added to paragraph 8 and 9 shall be added:
"(8) Regulated year means a calendar year, for which Energy
the regulatory authority shall decide on the prices. The regulatory period is the period of time
the stage at least five consecutive years of regulated.
(9) the principles of price regulation lays down procedures regulating the prices of related
services in the electricity sector and related services in the gas industry for the
the regulatory period and the ways of fixing prices for the transmission
system, the transmission system operator, operator of the distribution
system and market operator. Energy Regulatory Office handles the principles
price controls for each of the regulatory period, so that the created
the conditions for a transparent, predictable and stable in the
the investment environment in the energy sector and gas. ".
128. In section 20 (2). 1, after the words "places customers", the words "or
the distribution system is directly connected to the transmission system or the
to the transmission system "and at the end of paragraph 1, the following sentence" the holder of the
licences to trade in electricity, which is compulsory in accordance with vykupujícím
the law on energy sources, and supported by the holder of the licence to the activities
the market operator are required to post on the costs and revenues and result
management separately for the activities related to the support of electricity from
supported by energy sources. ".
129. In section 20 (2). 3, after the words "places customers", the words "or
the distribution system is directly connected to the transmission system or the
to the transmission system ".
130. In section 20 (2). 5, the word "lessor" shall be replaced by
"the grantor", the word "lease" shall be replaced by the word "farming" and the words
"and the State Energy inspection" shall be deleted.
131. In § 20 paragraph 6 is added:
"(6) the holder of a licence for the transmission of electricity, gas transport, storage
gas, the market operator's activities, distribution of electricity, gas distribution,
trade in electricity, which is compulsory under the law on vykupujícím
supported by energy sources, the holder of the licence for the production of heat
energy and the holder of the licence to the distribution of thermal energy, whose total
the annual sales volume for all supplies of thermal power exceeds 2 500
USD is required to compile and submit to the regulatory reports
The Energy Regulatory Office. At the request of the energy regulatory
the authority is the person submitting regulatory statements required to submit one
copies of the regulatory statements, from which the data have been removed with
the nature of a trade secret or confidential information. ".
132. In section 20 (2). 7, the word "final" is deleted.
133. Article 20a, paragraph 3 reads:
"(3) the Operator must have a market to its activity licence pursuant to § 4 paragraph. 1
(a). (b)), point 7. The market operator or a legal person in which the operator has
market share, may hold another licence referred to in section 4.
Shares of the market operator must not be owned by the holder of a licence referred to in section
4 (4). 1 (a). and (b)). (b)) points 1 to 6 and in section 4, paragraph 4. 1 (a). (c)).
A member of the statutory body, a member of the Supervisory Board or the head of the
an employee of the operator of the market cannot be the natural person who is at the same time
a member of the statutory body or an employee of the licence holder referred to in
section 4, paragraph 4. 1 (a). and (b)). (b)) points 1 to 6 and in section 4, paragraph 4. 1 (a).
c).“.
134. In section 20a, paragraph. 4 the letter g) is added:
"(g)) to ensure the protection of protected information".
135. In section 20a, paragraph. 4 the letter q) repealed.
Letters r) to bb) are referred to as letters of q) to aa).
136. In section 20a, paragraph. 4 (b). q), the words "including the sources of gas,"
shall be deleted.
137. In section 20a, paragraph. 4 points with), y) and z) are deleted.
Letters t) to aa) are referred to as letters with) up to x).
138. In section 20a, paragraph. 4 x):
"x) issue guarantees of origin of electricity from renewable energy sources and electricity
from the high performance of the combined production of electricity and heat, to ensure their
Register in electronic form and to recognise guarantees of origin issued in
abroad. ".
139. In section 20a, the dot at the end of paragraph 4 is replaced by a comma and the following
the letter y) and z) are added:
"y) process on the basis of the request of the Ministry of Energy, or
the regulatory authority's analysis regarding the future of the expected
electricity and gas, development of the market for electricity and gas, ways
security of supply of electricity and gas and the development of resources,
from) market participants, who are according to the article. 8 the regulation on wholesale
energy market obligation to notify the Agency of the transaction on the
wholesale energy markets, to provide information on the basis of the Treaty of
records of their business transactions, including orders from the trading,
not later than on the date of formation of the reporting obligations in accordance with the regulation on
the wholesale energy market. ".
140. In section 20a, paragraph. 5 at the end of the text of subparagraph (a), the words "and)
the data necessary for processing the message about future expected consumption
electricity and gas and to secure a balance between supply and demand
electricity and gas ".
141. In section 20a, the dot at the end of paragraph 5 is replaced by a comma and the following
the letter h) is added:
"(h)), on payment of the price of electricity on the support folder from supported resources
According to the Act on energy sources that are supported by market participants with
electricity. ".
142. In section 22, paragraph. 2, the words "with the law regulated access to the
the transmission system and distribution system "shall be deleted.
143. In section 22, paragraph. 2 (a). and the word ") or" replaced by the word "and".
144. In section 22, the following paragraph 3 is added:
"(3) the electricity market Participant is obliged to pay the price of the services folder
the transmission system operator or distribution system to support services
electricity from sources that are supported by the Act on the supported sources
energy. If the electricity market participant owe several of the commitments
components of the price of the services of the transmission system or distribution system,
the performance on the first credit obligation of payment of the price of the service folder
the transmission system operator or distribution system operator on the support of electricity from
supported by the resources according to the law about energy sources. ".
145. In section 23, paragraph. 1 at the end of subparagraph (b)), the words "or direct
leadership ".
146. In section 23, paragraph. 1 letter e) is added:
"e) to restrict, interrupt or terminate electricity supply to its customers in
unauthorized collection of electricity. ".
147. In section 23, paragraph. 1 at the end of point (e) shall be replaced by a comma and dot)
the following point (f)), which read:
"(f)) to buy electricity for its own consumption of technology production plants
electricity. ".
148. In section 23, paragraph. 2 (a). (f)), for the words "If the body
clearing, ", the words" the data to the application of the price for the activity
the market operator in accordance with the rules of the electricity market ".
149. In section 23, paragraph. 2 (a). (g)), the word "its" is replaced with "their".
150. In section 23, paragraph. 2 letter to) be deleted.
Letters l to r)) are referred to as letters) to q).
151. In section 23, paragraph. 2 (a). m), the words "with the electricity (hereinafter referred to as
"registered market participant") ' shall be deleted.
152. In section 23, paragraph. 2 at the end of the letters q) dot is replaced by a comma and
the letter r) shall be added:
"r) when changing the parameters to adjust electricity their devices at their own expense
to meet these changes. "
153. In section 24, paragraph. 1, letter a) is added:
") provides safe, reliable and efficient operation, reconstruction and development
the transmission system operator and transmission system ensures the connection with other
systems, and to this end provides support services and long-term
the ability to transfer the system to meet reasonable demands for the transmission of
electricity, cooperates with the operator of the interconnected transmission systems
and is working on the integration of the internal European electricity market. "
154. In section 24, paragraph. 1 (a). (b)), the words "transfer of electricity on the basis of the
contracts ' shall be replaced by the words "transmission system" service.
155. In section 24, paragraph. 3 (b). (c)), paragraph 9, the words "these effects,"
added the word "or".
156. In section 24, paragraph. 3 (b). (c)) at the end of paragraph 10, the word "or" is deleted.
157. In section 24, paragraph. 3 (b). (c)), point 11 shall be deleted.
158. In section 24, paragraph. 3 (b). d) point 10 is for the word "electricity"
the words "or as a result of other conditions caused by the" and the words
"transmission systems" shall be added to the word "or".
159. In section 24, paragraph. 3 (b). d) point 11, the word "or" is deleted.
160. In section 24, paragraph. 3 (b). (d)), point 12 shall be deleted.
161. In section 24, paragraph. 3 (b). (h)), after the word "enter", the words "and
Enter ".
162. In section 24, paragraph. 3 the letter i) is added:
"i) to ensure the integration of the internal European electricity market
to acquire ownership of the electricity, ".
163. In section 24 paragraph 7 is added:
"(7) in the cases referred to in paragraph 3 (b). (c)), and (d)), the right to
compensation for damages is 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
in cases where demonstrably caused the failure of the transmission operator
System. ".
164. In section 24 paragraph 9 is added:
"(9) if the owner or user of the property as a result of the performance of
rights of the transmission system operator referred to in paragraph 3 (b). e) and (f))
limited in the normal use of the property or injury to property, was
has the right to a reasonable one-time compensation ^ 5). The right to reimbursement under
the first sentence can be applied by the transmission system operator within 2 years from the date of
the date on which the injury occurred to limit or otherwise, the right shall cease. ".
165. In section 24, paragraph. 10 (a). e), the words "the electricity" shall be deleted.
166. In section 24, paragraph. 10 Letter j) is added:
"j") every second year to handle a ten-year development plan of the transmission
system in the range according to § 58 paragraph. 3 and after its approval, it
publish; the provisions of § 58 paragraph. 10 the first sentence of paragraph 58l and section. 5,
apply mutatis mutandis ".
167. In section 24, paragraph. 10 letter):
"o) protect protected information, including ensuring the protection of
the data transmitted to the operator of the market ".
168. In section 24, paragraph. 10 the letter r) reads:
"r) adhere to the laid down the quality of supplies and services, show
The Energy Regulatory Office, the level of the quality of supplies and services, and
publish it in a way that allows remote access, ".
169. In section 24, paragraph. 10 letter u) is added:
"for the market operator) to provide synergy in organizing
Intraday electricity market and the balancing market with the regulating
energy ".
170. In section 24, paragraph. 10 (a). in), the words "the electricity" shall be deleted.
171. In section 24 shall at the end of paragraph 10, the dot is replaced by a comma and the following
the letter x) from) are added:
"x) pay the operator of market prices for market operator's activities by
Electricity market rules,
s) sampling location and register a pass-through space for the market operator,
from neznevýhodňující) to ensure the conditions for support providers
services. ".
172. In section 24a, paragraph. 2 (a). (b)), the word "undertaking" shall be replaced by the words
"business establishment".
173. In section 24a, paragraph. 2 (a). (e)), the word "Chief Clerk" is replaced by
"or the Administrative Council".
174. In section 24a, paragraph. 2 (a). (f)), the words "the statutory body or his"
deleted, the word "Member" shall be inserted after the words "statutory body",
the words "Board of Trustees" shall be inserted the words "or of the Administrative Board", the word ",
the head of "and the words" statutory authority or "shall be deleted.
175. Article 24a, paragraph. 5, the words "statutory authority or its members"
replaced by the words "of the Administrative Council or members of the statutory body".
176. Article 24a, paragraph 6 is added:
"(6) any other law pursuant to paragraphs 2 and 3 shall mean
and) the right of exercising voting rights in the company,
(b)) the ownership of the securities, whose aggregate nominal
or the book 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 or the Board of Directors, members of the statutory body or other members
the authority of the company specified by the statutes,
(d)) other similar right, whose performance raises a substantial conflict of interest
between the operation of the transmission system and the production of electricity or gas
or trade with electricity or gas markets. ".
177. In § 25 paragraph. 1 (b)):
"(b)) provides services to the distribution system,".
178. In § 25 paragraph. 3 (b). (b)), the words "and for own consumption ' shall be deleted.
179. In § 25 paragraph. 3 (b). (c)), paragraph 8, the words "these effects,"
added the word "or".
180. In § 25 paragraph. 3 (b). (c)) at the end of paragraph 9 of the text, the word "or" point
replaced by the dot.
181. In § 25 paragraph. 3 (b). (c)), point 10 shall be deleted.
182. In § 25 paragraph. 3 (b). (d)), paragraph 10, the words "referred to in section 26, paragraph. 5.0 "
added the word "or".
183. In section 25, paragraph. 3 (b). (d)) at the end of paragraph 11 of the text point Word
"or" is deleted.
184. In § 25 paragraph. 3 (b). (d)), point 12 shall be deleted.
185. In § 25 paragraph. 5, after the words "in place of the usual", the words "or
with the use of electronic communications and published in a way that allows
remote access ".
186. In § 25 paragraph 7 is added:
"(7) in the cases referred to in paragraph 3 (b). (c)), and (d)), the right to
compensation for damages is excluded. This does not apply, if the operator fails to comply with-
distribution system the notification obligation imposed by paragraph 5
or, in cases where demonstrably caused the disorder operator
the distribution system. ".
187. In section 25, paragraph. 8 the first sentence with the number "4" is replaced by "3".
188. In § 25 paragraph 9 is added:
"(9) if the owner or user of the property as a result of the performance of
the rights of distribution system operator referred to in paragraph 3 (b). e) and (f))
limited in the normal use of the property or injury to property, was
has the right to a reasonable one-time compensation ^ 5). The right to reimbursement under
the first sentence can be applied to distribution system operator within 2 years
the date on which the injury occurred to limit or otherwise, the right shall cease. ".
189. In § 25 paragraph. 10 (b)):
"(b)) on the basis of the request of the trader or producer of electricity, electricity
interrupt the distribution of electricity in case of unauthorized subscription
electricity, ".
190. In § 25 paragraph. 10 the letter n):
"n) to ensure the protection of protected information, including ensuring the protection of
the data transmitted to the operator of the market ".
191. In § 25 paragraph. 10 letter p) is added:
"p) comply with the stipulated quality supplies and services show
The Energy Regulatory Office, the level of the quality of supplies and services, and
publish it in a way that allows remote access, ".
192. In § 25 paragraph. 10 the letter s) is repealed.
Letters t), and u) are referred to as the letters s and t)).
193. In section 25, paragraph. 11 (b)):
"(b)) to process and transmit data from the measurement of the market operator for the needs of
creating load profiles and supply the necessary information to apply the prices for
system services and prices for the market operator's activities in accordance with the rules of the market
with electricity ".
194. In § 25 paragraph. 11 (a). (d)), the words "the electricity" shall be deleted.
195. In § 25 paragraph. 11 (a). (f)), the words "within the scope of contracts concluded for
distribution of electricity with electricity market participants ' shall be deleted.
196. In § 25 paragraph. 11 at the end of the text of the letter g), the words "and when the
replacing the existing masts ".
197. In section 25 is at the end of paragraph 11, the dot is replaced by a comma and the following
the letters also) to l) are added:
"i) when a change of parameters of electricity to edit their device at their own expense
to meet these changes,
(j) to ensure the electricity supply) to cover losses in the distribution system
and for their own use,
to pay the price of the market operator) for the market operator's activities by
Electricity market rules,
l) register and pass-through space sampling space operator market. ".
198. In section 25, the following paragraph 12, which read:
"(12) If the distribution system operator, which is not directly
connected to the transmission system, has been approved by your own rules
operation of a distribution system, shall apply the rules of operation of the
distribution system operators, distribution system directly connected
to the transmission system, on whose territory is defined. ".
199. In section 25a, paragraph. 2 (a). and the words ") is a statutory body or its
a member of the head "is replaced by" member of the statutory body ",
the words "at the same time" shall be inserted after the word "Member" and the words "or its Member,
authorized signatory shall be deleted.
200. In section 25a, paragraph. 2 (a). (b)), for the words "professional interest"
the word "Member" shall be inserted the words "or its Member, authorized" shall be deleted,
the words "statutory authority or its Member, representative" are replaced by the words
"the statutory authority" and the word "remuneration" shall be inserted after the word
"Member".
201. In section 25a, paragraph. 5, the words "statutory authority or its members"
replaced by the words "the members of the statutory body" and the words "Board of Trustees"
shall be inserted after the words "or of the Administrative Board".
202. In section 25a, paragraph. 6, the words "Statutory authority or its Member
the Chief Clerk "is replaced by" member of the statutory body ".
203. In section 25a paragraph 8 is added:
"(8) if the obligation of the Department's activities under this Act made
pachtem of a business or part of a plant, is obliged to take the sharecropper
propachtovaný a business or part of the plant in its accounts. If
It is the obligation of the Department under this Act made pachtem
each asset, grantor is obliged to inform the farmers
information on the value of the propachtovaného property in the extent required
The Energy Regulatory Office for the purposes of price control. ".
204. In section 26, paragraph. 5 the first sentence, after the word "entitled" words
"for the purpose of removing outstanding balance of power system, or
her part "and the last is deleted.
205. In section 26, the following paragraph 8 is added:
"(8) supervisory control of voltage and reactive power generation performance
carried out by the technical control a transmission system operator or
technical reliable distribution system operator shall not
for the restrictions on the production of electricity. ".
206. In section 28 paragraph. 1 (a). (c)), the words "If the electricity
an agreement on the transmission or distribution of electricity, "shall be deleted.
207. In section 28 is at the end of paragraph 1, the period is replaced by a comma and the following
the letters f and g)) are added:
"(f)) to offer and provide support services to ensure the operation of the
the electricity 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,
g) provide and rozúčtovat another person electricity consumed by the customer
through their own or operated by it and a sampling of electrical
equipment with a voltage up to 52 kV including. ".
208. In section 28 paragraph 4 shall be inserted after paragraph 5 and 6 are added:
"(5) the customer can operate the plant's electricity with installed power
up to 10 kW if it is linked to the transmission system or distribution
system and if it is not in the same sampling location attached to another plant
electricity, only on the basis of concluded contracts on connection, which
includes the connection of electricity production plants. In this case, the customer
Furthermore, subject to the rights under section 23, paragraph. 1 (a). and obligations under section) and 23
paragraph. 2 (a). and), c), (e)), i) and (j)).
(6) in the case of the operation of the production plants of electricity referred to in paragraph 5 is
Furthermore, the customer shall be obliged to
and) to ensure that the production of electricity was used by technical devices,
which satisfy the requirements laid down by safety and reliability
regulations and technical standards,
(b)) to ensure that the work associated with the installation and operation of production plants of electricity
have been carried out by persons with competence,
(c)) to produce electricity so as to avoid danger to life and health of persons,
asset or interest on the protection of the environment. ".
The present paragraph 5 shall become paragraph 7.
209. In section 30, paragraph. 1 (a). (d)), the words "or proof of repeated
non-payment of the price to cover the costs associated with the support of electricity in accordance with
the law on energy sources supported that is not paid after
warning "shall be deleted.
210. In section 30, paragraph. 2 (d)):
"(d) comply with the prescribed quality), supplies and services, show
The Energy Regulatory Office, the level of the quality of supplies and services, and
publish it in a way that allows remote access, ".
211. In section 30, paragraph. 2 the letter m) is added:
"m) to communicate without delay at the request of the customer in the position of the consumer,
that testified to the commitment of the Treaty or of the Treaty, which resigned from the
the supply of electricity, the date of their supply of electricity. ".
212. In section 30, paragraph. 2 at the end of the letter m), the dot is replaced by a comma and
the following point (n)), which read:
"n) when performing the operations necessary to carry out the election or change
the electricity supplier to indicate the true and complete information and, on request,
The Energy Regulatory Office, submit the information and documents that are used to
their validation. ".
213. In section 30a, paragraph. 1 the words "100 kW" is replaced by "1 MW".
214. Article 30a, paragraph 3 reads:
"(3) the Ministry shall not grant Authorization if the estimated production site
electricity is not in accordance
and the State energy concept),
(b)), with the national action plan for energy from renewable sources, if
as for the production of electricity from, which is the subject of the aid referred to in
special legislation,
(c)) with the planning documentation
(d) raw material policy) State,
(e)) with requirements on energy efficiency, safe and reliable operation of the
the electricity system, the safety of persons and property, security of supply
electricity, the expected future demand for electricity, ensuring
the balance between supply and demand of electricity in the Czech Republic,
(f)) with energy probe to ensure high performance combined
production of electricity and heat by the energy management act. ".
215. In section 30a, paragraph. 4, the words "paragraph 3" shall be replaced by the words "paragraph 3
and the procedure according to § 30b ".
216. Article 30a, paragraph 5 shall be deleted.
217. In section 30b paragraph. 1 (f)) is repealed.
Letters g) and (h)) shall become letters (f)), and (g)).
218. In section 30b at the end of paragraph 1 is replaced by a comma and the following dot
the letter h) is added:
"h) energy assessment under the Act on energy management in the case of
the production plants of electricity on the total thermal input above 20 MW except
production of electricity with annual traffic less than 1500 hours per year and
nuclear power plants ".
219. In section 30b, paragraphs 2 and 3 shall be deleted.
220. Section 30 c after paragraph 2, insert a new paragraph 3 is added:
"(3) on the basis of the notification referred to in paragraph 2, the Ministry decides from the power
the official about the change in the decision to grant the authorization. ".
The former paragraph 3 shall become paragraph 4.
221. In section 45, paragraph. 8, the words "or near the boundaries of ' shall be deleted.
222. In § 46 paragraph 1 reads:
"(1) the protection zone of the device of power system is the space in the
the immediate vicinity of the equipment intended to ensure its
reliable operation and to protect the life, health or property of persons.
The protection zone shall be incurred on the date of entry into force of the decision of the territorial
location of the building, the entry into force of the Treaty, the territorial public service
the decision to replace or legal effects, with the consent of the territorial
the location of the building, if it is not in accordance with the building Act required or
one of these documents, then the date of placing of the device power
system into operation. ".
223. In § 46 paragraph. 6 (a). and) the words "20 m" is inserted after the word "outside" and
the words "from the fence" with the words "or if the station is not
oplocena, 20 m ".
224. In § 46 paragraph. 6 (a). (d)), for the words "1 m" is inserted after the word "outside".
225. In § 46 paragraph 7 is added:
"(7) the protection zone, the production plants of electricity is a contiguous space as defined
vertical planes passing in the perpendicular distance
and 20 m) outside the fence, or in the case of electricity, the plant is not
oplocena, 20 m from the outer contour of the circumferential masonry of electricity production plants
connected to the transmission system or distribution system with voltage
more than 52 kV,
(b)) 7 m outside the fence, or in the case of electricity, the plant is not
oplocena, 7 m from the outer contour of the circumferential masonry of electricity production plants
connected to the distribution system with voltage above 1 kV up to 52 kV including,
(c)) 1 m outside the fence of electricity production plants with installed power of 10 kW
and connected to the distribution system with the voltage up to 1 kV including,
(d)) in the case of electricity, the plant is not oplocena, 1 m from the outer contour
peripheral masonry or from envelope curve led by external face extreme
components of the production plants of electricity with an installed power of 10 kW and
connected to the distribution system with the voltage up to 1 kV including,
e) 1 m from the outer contour of the circumferential masonry building, which is the producer of
electricity generating stations located at the electricity connected to the distribution
system with the voltage up to 1 kV including with installed power of 10 kW.
For the manufacture of electricity connected to the distribution system with the voltage to 1
kV, including with an installed power up to 10 kW including protection zone
Ordinance. ".
226. In § 46 paragraph. 12, after the words "out of them", the words "each
obliged to refrain from acts which could damage the electricity
the system or restrict or compromise the safe and reliable operation and
all activities ".
227. In section 46 shall be added to paragraph 16, which including the footnote.
33 is added:
"(16) the protection device of power system extinguishes a permanent
by removing the buildings on the basis of the appropriate consent or authorization in the
accordance with the building Act ^ 33).
33) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended. ".
228. In § 49 paragraph 7 is added:
"(7) the operator of a transmission system operator or distribution
system on your cargo handles the installation of custom test equipment
of the type laid down in the implementing regulation, the maintenance and
periodic verification of the correctness of measurement and for the purposes of the implementation of the deduction,
If the measuring equipment without voltage, has the right to bring a measuring device
the voltage at the necessary time. The customer has the right to install the measuring
a device for measuring the supply of electricity to its delivery point. If
customer requests distribution system operator to install the measuring
the equipment of a higher type than the type specified, the measuring device
the distribution system operator the required measuring equipment installs.
In this case, the customer is obliged to pay to the operator of distribution
system cost difference on the measuring device, its installation, operation and
required readings of the measuring device as opposed to measuring device
specified type. ".
229. In section 50, paragraph. 1 the first sentence, the words "supplier" shall be replaced by the
the words "electricity trader or producer of electricity" and the words
"the stage for the quantity and the time course of ' shall be deleted.
230. In section 50, paragraph. 1 (a). (f)), the word "Treaty" shall be replaced by
"the undertaking".
231. In § 50 paragraph 2 to 4 shall be added:
"(2) the Treaty concerning the associated electricity supply services is committed to
producers of electricity or electricity trader to supply manufacturers
of electricity, of which the device is connected to a distribution system to
the surface low-voltage, or customer electricity and to ensure the
their own name and on its own account related services in the electricity sector
and the customer or the manufacturer undertakes to pay to the producers of electricity or the
the trader with the electricity price for the supplied electricity and the price of the related
services in the electricity sector. Start of supply of electricity in accordance with the Treaty on the
associated electricity supply services devolution occurs
for deviation from the manufacturer or the manufacturer of the electricity customer electricity
or to a merchant with electricity. Contract for the combined supply services
electricity must list the consumption points, methods of payment payment for
the supply of electricity and related services in the electricity sector, the length of the
the period of notice of not more than 3 months, which begins the first day of
calendar month following the delivery of the notice, if it is about
a contract for an indefinite period, the customer's permission to withdraw from the contract in the
the case of non-performance of contractual obligations by the supplier or in the
the case of a disagreement with the proposed change in the contractual conditions, ways of
notification of the customer about the proposed change in the terms and conditions and lessons about
the customer's right to withdraw from the contract in case of disagreement with the
the proposed change in the terms, the duration of the contractual obligation,
power measurement type booked and the measures taken in the prevention
a State of emergency, a State of emergency and the aftermath of an emergency.
(3) a connection contract is committed to the transmission system operator
or the distribution system operator shall connect to the transmission system
or to the distribution system of the equipment of the applicant for the production, distribution
or electricity and to ensure the agreed power consumption or performance booked
the applicant undertakes to pay a proportion of the eligible costs of the
connection. The connection agreement must contain technical terms
connection of the device, the location of the measuring device, the dates and place
connection of the device. In the case of connection equipment for the production of electricity
directly to the transmission system or distribution system, or
through the sampling site or through other production plants
electricity must include the type of contract and the actual installed
performance. The applicant's contract for a connection device for the production, distribution
or electricity to the transmission system and the agreement on the connection
the applicant's facilities for the production of electricity to the distribution system requires
in written form.
(4) a contract to provide the services of the transmission system operator undertakes to
the transmission system operator to provide the transmission system and service
electricity market participant undertakes to pay the price of the service transmission
the system. The contract to provide the services of the transmission system must contain
the arrangement of the binding Rules of operation of the transmission system, the term
the start of transmission of electricity, how to measure electricity and heat
places. The contract to provide the services of the transmission system requires a written
form. ".
232. In section 50 is at the end of paragraph 5, the following sentence "the Treaty on
cross-border transmission of electricity requires written form. "
233. In § 50 paragraph 6 is added:
"(6) of the Treaty to ensure the service distribution system is committed to
the distribution system operator, customer electricity producers
trader of electricity for the supply of electricity to the customer or
producers of electricity, of which the device is connected to a distribution system
on the surface, low-voltage, or the distribution system operator
not connected directly to the transmission system of the service distribution system
ensure the distribution system and customer service, a producer of electricity,
electricity trader or the distribution system operator with
undertakes to pay the price of the service distribution system. The contract to provide the
distribution system services must contain a start provision
distribution system services, the value of the reserved power or the performance of
agreed in the contract about the connection of electricity and its measuring method
during the enumeration and sampling or transfer points. The contract to provide the
distribution system services must also include measures to be taken in the
Prevention of a State of emergency, and in an emergency. ".
234. In section 50 is at the end of paragraph 7, the following sentence "the contract for clearing
regulating energy requires the written form. "
235. In section 50 is at the end of paragraph 8, the following sentence "the Treaty on access to
organized short-term electricity market requires the written form. "
236. In section 50 is at the end of paragraph 9 the following sentence "the Treaty on access to
the balancing market with regulating energy requires the written form. "
237. In section 50 is at the end of paragraph 10, the following sentence "the Treaty on
provision of support services requires written form. "
238. In section 50, paragraph. 11, the words "the duration of the Treaty ' shall be replaced by the words" the duration of the
the commitment "and at the end of paragraph 11, the following sentence" the contract for clearing
deviation requires the written form. "
239. In § 51 paragraph. 1 (a). and the words ") contract, which
the subject would be the supply of electricity "shall be replaced by the words" the rule of reason
or if the legal reason for the semi-final, ".
240. In § 51 paragraph. 1 at the end of the text of the letter g), the words
"lasting longer than 10 working days".
241. In section 51, the following paragraphs 3 and 4 are added:
"(3) when the unauthorized collection of electricity is the person who unlawfully
collects or takes the electricity required to replace the money resulting from
damage. If you cannot see damage on the basis of proven
the detected data is required to reimburse the damage specified calculation
the value of the main circuit breaker before the meter or předřazeného of the
element and the usual period of their use, unless otherwise agreed by both parties.
Damage are detected absolutely necessary costs incurred to
detection of unauthorized sampling of electricity.
(4) in the event that occurs when you change the electricity supplier subscription
the supply of electricity in the place of the customer for a period shorter than 10 working
days without a contracting entity of a registered clearing for the sampling location
the customer, not the unauthorized taking of power and responsibility for the
the derogation shall be borne by the future body. ".
242. In § 52 paragraph. 1 (a). and the words ") contracts for the supply of
electricity or in breach of contract for the supply of electricity "
replaced by the words "the rule of reason, or if the legal reason for the semi-final."
243. In § 53 paragraph 1 reads:
"(1) Unauthorized transfer of and unauthorized distribution of electricity is
and use of the service) the transmission system or distribution system in service
contrary to regulations, clearing
(b) the use of the service) the transmission system or distribution system services
arising in connection with the unauthorized delivery or unauthorized
the collection of electricity,
(c)) use of the service of the transmission system or distribution system services
without a legal reason, or if the legal reason for the semi-final. "
244. In section 53, paragraph 1, the following paragraph 2 is added:
"(2) for the unauthorized transmission or unauthorized distribution of electricity is
natural or legal person, who unlawfully used the service
the transmission system operator or distribution system operator shall be obliged to replace the service in
money damage. ".
Paragraph 2 becomes paragraph 3.
245. Article 54, paragraph. 3 (b). and), after the words "Ministry of Interior"
the words "market operator".
246. In § 54 paragraph. 3 (b). (b)), for the words "Ministry of Interior"
the words "market operator".
247. In paragraph 54. 4 (b). and), after the words "Ministry of Interior"
the words "market operator".
248. In § 54 paragraph. 4 (b). (b)), for the words "Ministry of Interior"
the words "market operator".
249. In paragraph 54. 6 the words "and the loss of profit" shall be deleted.
250. In section 57 paragraph 3 reads:
"(3) if the owner or user of the property as a result of the performance of
rights of the manufacturer of the gas referred to in paragraph 1 (b). (f)), and (g)) limited in the usual
the use of the property or suffer on the property, has the right to
reasonable one-time compensation ^ 5). The right to compensation referred to in the first sentence
can be applied for gas producers within 2 years from the date when the restrictions or injury
There, otherwise the right to exist. ".
251. In paragraph 57. 7, the words "and the loss of profit" shall be deleted.
252. In section 57, at the end of paragraph 8, the dot is replaced by a comma and the following
the letters m to p)) are added:
"m) to register within 30 days after the grant of a licence to produce gas for
the market operator, by registering with the manufacturer of the gas becomes registered
a participant in the market,
n) to provide the transmission system operator or operators
the distribution system or operator of the storage tank, to which it is
the gas producer connected to the necessary information for the operation and development of the transmission
system, or stack gas distribution system and market operator
the information necessary for the performance of their duties, in particular, the values of the necessary
for bill payments for the services of the market operator,
o) develop within 6 months after the grant of a licence to manufacture gas and each
the second year to 31. March specify the bases for processing plan
preventive measures and plan for the State of emergency and send the
the Ministry,
p) process and until 31 December each year. March forward to the operator
the transmission system in order to handle the 10-year development plan.
the transmission system operator and distribution system operator data
the planned development of the production capacity of the gas, and this for a period of at least 10
years. ".
253. In § 58 paragraph. 1 (a). (g)), after the word "enter", the words "and
Enter ".
254. In § 58 paragraph 3 reads:
"(3) if the owner or user of the property as a result of the performance of
rights of the transmission system operator referred to in paragraph 1 (b). (d) to (i)))
limited in the normal use of the property or injury to property, was
has the right to a one-time compensation ^ 5). The right to compensation referred to in the first sentence
can be applied to the transmission system operator within 2 years from the date when the
restrictions or injury has occurred, otherwise the right to exist. ".
255. In § 58 paragraph. 7, the words "and the loss of profit" shall be deleted.
256. In § 58 paragraph. 8 (b)):
"(b)) to provide a service of transport of gas on the basis of contracts concluded,".
257. In § 58 paragraph. 8 (a). (c)), the word "connection", the words
"laid down by the transmission system operator and to set him a deadline
the connection ".
258. In § 58 paragraph. 8 (a). (d)), the words "transporting gas" shall be replaced by
"transport service" and the word "approach" with the following words
"third parties".
259. In § 58 paragraph. 8 (a). (f)), the words "ensure the transport of gas"
replaced by the words "provides the service of transport of gas".
260. In § 58 paragraph. 8 letter h) is added:
"h) adhere to the laid down the quality of supplies and services, show
The Energy Regulatory Office, the level of the quality of supplies and services, and
publish it in a way that allows remote access, ".
261. In § 58 paragraph. 8 (a). j), the words "transporting gas" shall be replaced by
"transport service".
262. In § 58 paragraph. 8 the letter r) reads:
"r") to ensure the protection of protected information ".
263. In § 58 paragraph. 8 (a). with) for the word "process" following the word
"10-year" and the words "including the investment plan" shall be deleted and the word
"the provisions" shall be inserted after the words "§ 58 paragraph. 10 the first sentence and ".
264. In section 58 at the end of paragraph 8, the dot is replaced by a comma and the following
the letters aa) to dd) are added:
"the aa) to register within 30 days after the grant of a licence to transport gas for the
the market operator, by registering with the transmission system operator
becoming a registered participant in the market,
BB) develop within 6 months after the grant of a licence to transport gas and each
the second year to 31. March specify the bases for processing plan
preventive measures and plan for the State of emergency and send the
the Ministry,
CC) pay the price for the market operator the market operator's activities by
Gas market rules
DD) sampling location and register transfer space for the operator market. ".
265. In section 58b, paragraph. 2 letter a) is added:
"and issued shares) as a valuable paper or shares in the name of or on
the owner of a security, as the zaknihovaný ".
266. In section 58b, paragraph. 2 (a). (b)), the words "legal form of a European
the company structure of the monist "shall be replaced by the words" or the European
the company the one-tier system ".
267. In section 58b, paragraph. 2 (a). (c)), the words "commercial code" shall be replaced by
the words "Business Corporations Act".
268. In section 58b, paragraph. 3 (c)):
"(c)) must modify a basic organizational structure, organization
the internal management and control system. "
269. In section 58b, paragraph 4 shall be deleted.
270. In section 58c title: "the provisions of the members of the statutory body
an independent transmission system operator, and their appeal ".
271. In section 58c paragraph. 1, the words "or statutory authority" be deleted, the words
"the Supervisory Board" shall be inserted the words "or the Administrative Council", the words "or
statutory authority "shall be deleted and the words" of the statutory body or "
shall be deleted.
272. In paragraph 58c. 2, the words "of the statutory body or" shall be deleted and the
the words "statutory authority or" shall be deleted.
273. In paragraph 58c. 3, the words "of the statutory body or" shall be deleted, the words
"the statutory body or" shall be deleted, the words "Supervisory Board"
the words "or the Administrative Board" and "Supervisory Board"
the words "or of the Administrative Board".
274. In section 58c paragraph. 4, the words "or of the statutory authority of the" and the words
"the statutory body or" shall be deleted.
275. In paragraph 58c. 5, the words "of the statutory body or" shall be deleted.
276. In paragraph 58c. 6 the first sentence, the words "of the statutory body or"
deleted and the last sentence shall be deleted.
277. In section 58d title: "the independence of the members of the statutory bodies and the
employees of an independent transmission system operator ".
278. In section 58d paragraph 1 reads:
"(1) a member of the statutory body of the independent transmission operator
the system cannot be a person who, in the last 3 years before the date of
her appointment
and carries out any of the comparable) features in the other person's different
from an independent transmission system operator, which is part of the
the same concern or for such other person has pursued another job in
employment or other similar relationship,
(b)) any of the comparable functions performed in the other person's different
from an independent transmission system operator, or on the
the business of the person who entered into a business relationship with other
persons who are part of the same group as an independent operator
the transmission system operator; the account is not buying gas for its own
consumption,
(c)) carries out business activities, directly or
vicariously into commercial relations with other persons
different from an independent transmission system operator, which are
part of the same group as an independent transmission system operator;
the account is not buying gas for their own use,
(d)) was procured or provided stores for other persons different from
an independent transmission system operator, which are part of the same
the group as an independent transmission system operator.
279. In paragraph 58d. 2 the words "statutory bodies or", the words "in accordance with
the provisions of section 58b, paragraph. 4 "and the words" statutory bodies "shall be deleted.
280. In section 58d of paragraphs 3 and 4 are added:
"(3) the provisions of paragraph 1 shall apply mutatis mutandis to a member of the statutory
the authority or person directly subordinate to the head of staff in
matters relating to the operation, maintenance and development of transport
system for the performance of their term of Office or the duration of the
employment to an independent transmission system operator.
(4) the members of the statutory body, the person directly subordinate to the head of the
employees in matters relating to the operation, maintenance and development
the transmission system and the staff of the independent transmission
the system will not take part in the business of another person, which is
part of the same group as an independent transmission system operator,
or take against such person the right to a share of the profits or other similar
the performance. Performance in favor of a member of the statutory body or person directly
child head of staff in matters relating to the operation,
maintenance and development of the transmission system operator or the reward for employees
an independent transmission system operator shall not in any way
depend on the economic results of persons other than the independent
the transmission system operator.
281. In paragraph 58d. 5, the words "statutory bodies, members" shall be replaced by
the word "Members" in the introductory part of the text, the words "staff members directly
the subordination of "shall be replaced by" or a person directly to the child "and the words" in accordance with
the provisions of section 58b, paragraph. 4 "are deleted.
282. In section 58e title reads: "the Supervisory Board or Management Board of an independent
the transmission system operator ".
283. In section 58e paragraph. 1, after the words "Supervisory Board", the words "or
the Administrative Council ", in the introductory part of the text, the words" commercial code "
replaced by the words "the Act on business corporations" and in the last sentence,
the words "Supervisory Board", the words "or the Administrative Board".
284. paragraph in section 58e. 2, after the words "Supervisory Board", the words "or
the Administrative Council ", the words" statutory authority "shall be replaced by the words" the members of the
statutory authority ", for the words" Supervisory Board "shall be inserted the words" or
the Administrative Council ", the words", the authority "shall be replaced by the words" the Member of the
statutory authority ", for the words" Board of Trustees "shall be inserted the words" or
the Board "and the last sentence shall be deleted.
285. In section 58e paragraph. 3, after the words "Supervisory Board", the words "or
the Administrative Council ".
286. In the second subparagraph of section 58e. 4, after the words "Supervisory Board", the words "or
the Administrative Council ".
287. In the second subparagraph of section 58e. 5, after the words "Supervisory Board", the words "or
the Board "and" Supervisory Board "shall be inserted after the words" administrative
the Council ".
288. In section 58e paragraph. 6, after the words "Supervisory Board", the words "or
the Administrative Council ".
289. In the second subparagraph of section 58e. 7, after the words "Supervisory Board", the words "or
the Board "and the number" 4 "is replaced by the number" 3 ".
290. In section 58e paragraph. 8, after the words "Supervisory Board", the words "or
the Administrative Council ".
291. In section 58f title reads: "the procedure for the approval of the establishment of the members
statutory authority and the members of the Supervisory Board or Management Board of an independent
the transmission system operator and their appeal ".
292. In section 58f paragraphs 1 to 5 shall be added:
"(1) in proceedings for approval of the appointment, election or revocation of the Member
the statutory body or a member of the Supervisory Board or the management board or
approval of the conclusion of the contract on the performance of the duties of a member of the statutory body
or member of the Supervisory Board or the management board or the conclusion of other agreements,
which regulates the conditions for the performance of the duties of a member of the statutory body
or member of the Supervisory Board or the Management Board, or their changes embarks
The decision of the energy regulatory office within 3 weeks from the delivery of the full
request.
(2) If the energy regulatory authority shall not issue a decision within the time limit referred to in
paragraph 1, the expiry of this period, the Energy Regulatory Office
the appointment, election or revocation of the Member of the statutory body or a member of the
of the Supervisory Board or the management board or the contract referred to in paragraph 1.
(3) the Energy Regulatory Office shall not approve the appointment or election of a member of the
the statutory body or a member of the Supervisory Board or the Management Board, in
which due to its current professional activities and the proposed
the conditions of the exercise of the functions there are justified doubts as to whether it would exercise
function properly and independently, in particular other interests activities
fulfilment of the obligations of an independent transmission system operator.
(4) the energy regulatory authority approves the conclusion of the contract for the performance of
a member of the statutory body or a member of the Supervisory Board or the Board of
the Council or the conclusion of another agreement, which lays down the conditions for the exercise of
a member of the statutory body or a member of the Supervisory Board or the Board of
the Council, or change them if having regard to all the
in the circumstances, it can be considered that the proposed conditions for the exercise of a function or
their changes will not allow a member of the statutory body or a member of the Supervisory Board
the Council or the Board to perform the function properly and independently.
(5) the Energy Regulatory Office of the Member of the statutory body or
Member of the Supervisory Board or the Management Board before the expiry of their term of Office
period does not approve, if there are grounds for reasonable doubts about the fulfilment of the conditions
for the appeal of a function under this Act. ".
293. In section 58g paragraph. 3, after the words "Supervisory Board", the words "or
the Administrative Council ".
294. In paragraph 58g. 4, the words "the obligations of the leading statutory bodies
or "is replaced by" duties of Directors ".
295. In § 58 h of paragraph 1. 1 (a). (c)), for the words "Supervisory Board"
the words "or the Administrative Council".
296. In paragraph § 58j. 1, after the words "Supervisory Board", the words "or
the Administrative Council ".
297. In paragraph 58j. 4, after the words "Supervisory Board", the words "or
the Administrative Council ".
298. In paragraph § 58j. 5 with the number "4" is replaced by "3".
299. In paragraph § 58j. 6, after the words "Supervisory Board", the words "or
the Administrative Council ".
300. In paragraph § 58j. 6 letter h) is added:
"(h)) to submit the energy regulatory authority proposals to be submitted to the
the decision of the Supervisory Board or Management Board of an independent operator
the transmission system on the 10-year plan for the development of transport
system and the specific investment in the system, and the decision of the Supervisory Board
or the Board of Directors on these proposals, ".
301. In paragraph 58j. 7, after the words "Supervisory Board", the words "or
the Administrative Council ".
302. In section paragraph 58j. 8 the words "statutory body" shall be replaced by
the words "meeting of members of the statutory body" and the words "Board of Trustees"
the words "or of the Administrative Board".
303. In § 58 paragraph. 2, after the word "development" is inserted after the word "transport",
the words "investment plans of" shall be deleted and the words "and
taking into account ", the following words" planned development ".
304. In § 58 paragraph. 2 the second sentence, the word "operators" is deleted and
the words "transmission system" shall be inserted after the words "planned development".
305. In paragraph 58l. 2 (a). (c)), the words "commercial code" shall be replaced by
the words "Business Corporations Act".
306. In section paragraph 58n. 2 (a). (b)), the word "undertaking" shall be replaced by the words
"business establishment".
307. In paragraph § 58n. 2 (a). e), the words "the members of the Supervisory Board, the Chief Clerk"
replaced by the words "the members of the Supervisory Board, members of the Administrative Council".
308. In paragraph § 58n. 2 (f)):
"(f)), a member of the statutory body, a member of the Supervisory Board, a member of the Board
the Council, or a member of another authority, the transmission system operator
the specified statutes is not a person who is a member of the Supervisory Board, a member of the
the statutory authority, a member of the management board or a member of another authority
the company designated statutes of the electricity producers, a producer of gas,
merchant or merchant's electricity with gas. ".
309. In § 58n paragraph 5 is added:
"(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
system, or in relation to him, exercise the voting rights associated with the
the ownership share of the transmission system operator, set up or
invoke the members of the Supervisory Board, members of the Management Board, members of the statutory
authority or owning a majority stake. "
310. In § 58n paragraph 6 is added:
"(6) any other law pursuant to paragraphs 2 and 3 shall mean
and) the right of exercising voting rights in the company,
(b)) the ownership of the securities, whose aggregate nominal
or the book 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 or the Board of Directors, members of the statutory body or other members
the authority of the company specified by the statutes,
(d)) other similar right, whose performance raises a substantial conflict of interest
between the operation of the transmission system and the production of electricity or gas
or trade with electricity or gas markets. ".
311. Article 59, paragraph. 1 (a). (h)), after the word "enter", the words "and
Enter ".
312. Article 59, paragraph 2 reads:
"(2) the distribution system operator is required to establish an easement
allowing 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; This
does not apply if the owner of the gas equipment is not
the distribution system operator; in this case, this
the obligation of the owner of the gas equipment. In the event that the owner is not
unknown or not specified or because it is proven to be unreachable or
idle or not in agreement with him and if they constraint conditions
ownership rights to the land or to build according to a special legal
^ Regulation 4e), the competent authority shall decide, on a proposal from the expropriation
distribution system operator on the establishment of an easement
allowing the use of the property or a part thereof. ".
313. Article 59, paragraph 3 reads:
"(3) if the owner or user of the property as a result of the performance of
the rights of distribution system operator referred to in paragraph 1 (b). (e) to (i)))
limited in the normal use of the property or injury to property, was
has the right to a reasonable one-time compensation ^ 5). The right to reimbursement under
the first sentence can be applied to distribution system operator within 2 years
the date on which the injury occurred to limit or otherwise, the right shall cease. ".
314. In paragraph 59. 7, the words "and the loss of profit" shall be deleted, the words "in accordance with
(a) (b)) point 4 shall be deleted and the word "mostly" shall be replaced by the word
"to blame".
315. In paragraph 59. 8 (b)):
"(b)) to provide service to the distribution system,".
316. In paragraph 59. 8 (d)):
"(d)) to connect to the distribution system, everyone who applies for it and meets the
the conditions laid down, and to announce the date when the application for
the connection to the distribution system; If the connection is not possible from the
reasons on the side of the distribution system operator, notify the applicant of the
the reasons for the impossibility of connection ".
317. In paragraph 59. 8 letter e) is added:
"e) provide service distribution system to anyone who requests it, is
connected and meets the conditions of the connection and the conditions laid down in the regulations
distribution system operator, with the exception of the documented
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 service distribution system must have
written form and must be given ".
318. Article 59, paragraph. 8 the letter g) is added:
"(g) comply with the prescribed quality), supplies and services, show
The energy regulatory authority compliance with the level of quality of supply and
services and publish it in a way that allows remote access, ".
319. In section 59 paragraph. 8 (a). I), the words "ensures the distribution of gas"
replaced by the words "provides the service of distribution system".
320. In paragraph 59. 8 (a). k), the words "distribution of gas" shall be replaced by
the words "service distribution system".
321. Article 59, paragraph. 8 letter l) is added:
"l) to provide service for distribution system operators
the distribution system is not connected directly to the transmission system ".
322. Article 59, paragraph. 8 letter):
") protect protected information, including ensuring the protection of
the data transmitted to the operator of the market ".
323. In § 59 at the end of paragraph 8, the dot is replaced by a comma and the following
the letters aa) to ee) are added:
"the aa) to register within 30 days from the granting of licences for the distribution of gas
the market operator; by registering with the distribution system operator
becoming a registered participant in the market,
BB) develop within 6 months after the grant of the licence to the distribution of gas and
every second year to 31. March specify the bases for processing plan
preventive measures and plan for the State of emergency, send it to the Ministry,
CC) annually process and until 31 December 2006. March forward to the operator
the transmission system information about the planned development of the capacity of the files
transfer points between distribution and transmission system in breakdown
required for processing of the 10-year development plan, the transmission system operator,
DD) pay the price for the market operator's activities according to the market rules
gas,
EE) process and transmit data from the measurement of the market operator for the needs of
creating load profiles supplies. ".
324. In section 59, the following paragraph 9 is added:
"(9) in the event that the distribution system operator, which is not directly
connected to the transmission system, does not have its own Regulations approved
distribution system operator referred to in paragraph 8 (a). w), the
the order of the distribution system operator is directly connected to the transmission
the system, on whose territory is defined. ".
325. In paragraph 9 of section 59a is inserted:
"(9) if the obligation of the Department's activities under this Act made
pachtem of a business or part of a plant, is obliged to take the sharecropper
propachtovaný a business or part of the plant in its accounts. If
It is the obligation of the Department under this Act made another pachtem
asset, grantor is obliged to inform farmers about the value of information
propachtovaného assets in the range of required energy regulatory
the Office for the purposes of price control. ".
326. Article 60, paragraph 3 reads:
"(3) if the owner or user of the property as a result of the performance of
gas storage operator rights referred to in paragraph 1 (b). and (e)))
limited in the normal use of the property or injury to property, was
has the right to a reasonable one-time compensation ^ 5). The right to reimbursement under
the first sentence can be applied for gas storage operator within 2 years from the date of
the date on which the injury occurred to limit or otherwise, the right shall cease. ".
327. In section 60, paragraph. 7, the words "and the loss of profit" shall be deleted.
328. In section 60, paragraph. 8 point e) is repealed.
Letters f) up with) are referred to as the letters e) to r).
329. In section 60, paragraph. 8 (a). (j)), the word "access" be replaced by the words
"the connection and the conditions laid down by the regulations of the operator of the storage tank".
330. In section 60, paragraph. 8 letter to):
"to sell the gas market participant) with gas, not if the stored gas
for reasons on the side of the gas market participant, mined from the stack
gas into the extinction of the obligation under the Treaty on the storage of gas; This is not a
considered trade in gas, ".
331. In section 60, paragraph. 8 n):
"n) to ensure the protection of protected information".
332. In section 60, paragraph. 8 the letter q):
"q) to adhere to established quality supplies and services show
The Energy Regulatory Office, the level of the quality of supplies and services, and
publish to remote access, ".
333. In section 60, paragraph. 8 the letter r) reads:
"r) disclose information relating to the operation of the stack gas
are necessary for effective competition and the efficient functioning of the market
gas and which are not the subject of a trade secret; This is without prejudice to
the obligation under the letter n) ".
334. In section 60 at the end of paragraph 8, the dot is replaced by a comma and the following
letters with) to u) are added:
"with) to register within 30 days from the granting of a license to practice
the storage tank for the market operator; by registering with the operator
stack gas becomes a registered participant in the market,
t) develop within 6 months after the granting of the licence on gas storage
the supporting documents for the processing of the plan of preventive measures and plan for the State of
emergency, send it to the Ministry, and every second year is to specify,
for each year, and in the process) 31. March forward to the operator
the transmission system in order to handle the 10-year development plan.
the transmission system information about the planned development of the production volume and the
the maximum vtláčecího and extractive gas storage performance, and on the
a period of at least 10 years. ".
335. In section 60a paragraph. 2 (a). and), the words "the statutory body or his"
deleted, the word "Member" shall be inserted after the words "statutory body" and
the word "head" is repealed.
336. In section 60a paragraph. 2 (a). (b)), the words "of the statutory body or his"
deleted, the word "Member" shall be inserted after the words "statutory body",
the word "authorized" shall be deleted, the word "the" with the following words
"statutory body", the words "statutory authority or" shall be deleted and the
the word "representative" shall be deleted.
337. In section 60a paragraph. 5, the words "statutory authority or" shall be deleted,
the word "members" shall be inserted after the words "statutory body" and the words
"Board of Trustees" shall be inserted the words "or of the Administrative Board".
338. In section 61 is at the end of paragraph 1, the period is replaced by a comma and the following
the letter g) is added:
"(g)) on the use of transport services, warehousing or gas or
distribution system services for the delivery of the contracted amount of gas
customer. ".
339. In paragraph 61. 2 (a). and the words "400) yew. M3 "is replaced by" 4
200 MWh ".
340. In the section, paragraph 61. 2 the letter h) is added:
"h) adhere to the laid down the quality of supplies and services, show
The Energy Regulatory Office, the level of the quality of supplies and services, and
publish to remote access, ".
341. In paragraph 61. 2 the letter m) is added:
"m) to communicate without delay at the request of the customer, who testified to the commitment of the
the contract or the contract, resigned from the object of which is the supply of gas,
the date of the termination of the supply of gas under this Treaty. ".
342. In section 61 is at the end of paragraph 2, the period is replaced by a comma and the following
letters n) to (p)) are added:
"n) develop within 6 months after the grant of a licence to trade in gas
basis for risk analysis for the processing of plans of preventive measures
and plans for a State of emergency, send it to the Ministry, and every second year is
specify,
to pay the price for) market operator's activities in accordance with the rules of the gas market,
p) when carrying out the operations necessary to carry out the election or change
gas supplier to indicate the true and complete information and, on request,
The Energy Regulatory Office, submit the information and documents that are used to
their validation. ".
343. In section 62, paragraph. 1 (c)):
"(c)) use the services or the services of the transport of the gas distribution system in the
its sampling point for the price applied in accordance with price regulation,
If the technical conditions of the transmission or distribution system
allow ".
344. In section 62, at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (f)), which read:
"(f)) provide the other person taken gas, through its own
or sampling the gas equipment operated by it; costs of purchase
gas to these persons only rozúčtuje in an agreed manner. ".
345. In section 62, paragraph. 2 at the end of the text of subparagraph (d)), the words "or
gas producers, whose equipment is gas equipment of the customer
connected, and the order of the transmission system operator or the Regulations
distribution system operator ".
346. In paragraph 62. 2 the letter g) is added:
"(g)) when construction work or part of the distribution system, including
connections to allow a change of the place of connection, including changing the location of the main
the closure of the gas and the measuring device and when changing pressure levels
distribution system and fitting pressure regulator gas on publicly
accessible space; If, as a result of construction adjustments to change the location of the
the main gas, the gas equipment behind him for the sampling
gas equipment in the property of the owner of the property. The cost of made
changes shall be borne by the distribution system operator, ".
347. In section 62, paragraph. 2 (a). j), the words "referred to in paragraph 1 (b). (d)) "
shall be deleted.
348. In paragraph 62. 4 (c)):
"(c) the distribution system operator) to allow access to the supply
the device appears in the property of the owner, through which
unmetered gas. ".
349. In article 62, the following paragraph 6 is added:
"(6) the owner of the gas sampling device attached to mines
pipeline transmission system or distribution system, it is in the case
the closure of this sampling of gas equipment shall pay the
to inform the extractive gas pipeline, transmission
system operator or distribution system operator all the costs
demonstrably incurred in connection with the disconnecting of the sampling gas
equipment from the mining, pipeline transmission system or distribution
System. ".
350. In section 66 paragraph 3 and 4, including footnotes, No 29:
"(3) the owner of the pipeline connections is required to ensure its operation,
maintenance and repair of either the licensee, or on the distribution of gas
authorised person ^ 29) under the law on State specialized supervision of
the safety so as to become the cause of danger to life, health
or property of persons. The fulfilment of this obligation the owner must on request
demonstrate the distribution system operator, to which the device is
connection connected; the owner or the authorised person by the pipeline
the connection must not perform any intervention without the knowledge of the operator and the
must ensure the fulfilment of the obligations arising from section 68, paragraph. 4 and § 69
paragraph. 3 of this Act and of the special legal regulation.
(4) the distribution system operator, whose distribution system is
pipeline connection is connected, is required to for consideration pipeline connection
operate, maintain, and repair, if its owner in writing
so requests.
29) section 6 c of Act No. 174/1968 Coll., on State specialized supervision of
safety of work, as amended. ".
351. In paragraph 5 of section 67 is repealed.
Paragraphs 6 to 12 are renumbered as paragraphs 5 to 11.
352. In section 67, paragraph 8, the following paragraph 9 is added:
"(9) on the basis of the notification referred to in paragraph 8, the Ministry decides from the power
the official about the change in the decision to grant the authorization. ".
Paragraphs 9 to 11 shall become paragraph 10 to 12.
353. Article 68 paragraph 2 and 3 shall be added:
"(2) the protection zone for the purposes of this Act, means the continuous
space defined vertical planes passing in the horizontal distance from the
the ground plan of the gas equipment measured perpendicular to its outline, that is:
and gas pipelines and gas distribution) on the connections of the pressure level to 4 bar
including, located in the built-up area of the village of 1 m on both sides
outside the built-up territory of 2 m on both sides
(b)) for gas and gas connections above 4 bar 40 bar including 2 m
on both sides,
(c)) for gas pipelines over 40 bar 4 m on both sides
(d)) for technological objects 4 m on each side of the object,
(e)) for gas storage wells, 30 m from the axis of their mouth,
(f)) for gas storage, 30 m from the outside of the fence,
g) for devices katodické corrosion protection and a private telecommunications
network licence holder 1 m on both sides.
(3) in the protection zone and beyond, each shall be obliged to refrain from acts,
which could cause damage to the gas system or restrict or compromise the
its safe and reliable operation, and all the activities must be carried out
so, in order to avoid damage to energy facilities. ".
354. In section 68, paragraph. 4, introductory part the provisions of:
"If it's technical and security conditions allow and if no
threat to life, health, safety or property of persons, natural or
legal person engaged in the gas system or direct
the pipeline, mining, pipeline gas pipeline connection, or gas tank. "
355. Section 68 at the end of paragraph 5, the words "shall be added; the operator
stack gas further at your own expense maintain a free space of
radius of 15 m from the axis of the mouth of the gas tank probe ".
356. In section 68, paragraph 6 is added:
"(6) the planting of perennial crops of seasoning in greater depth than the 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 gas pipeline, a private telecommunications network or pipeline connections
and in an open space parcel with a radius of 15 m from the axis of the mouth probe
stack gas can only be based on the consent of the transmission
system, the distribution system operator, the operator stack
gas or the operator connections. ".
357. In section 68, the following paragraph 7 is added:
"(7) the protection zone of the gas equipment shall cease permanently disconnect
device from the gas system or removing buildings. ".
358. In section 69, the following paragraph 5 is added:
"(5) safety zone the gas equipment shall cease permanently disconnect
device from the gas system or permanent closure
the gas equipment or removing buildings. ".
359. § 71 including title:
"§ 71
Measurement of the
(1) the gas is measured on the measuring device.
(2) the transmission system operator and distribution operators
systems are required to equip the measuring device the sampling space customers
attached to their operating system, and pass-through space between them
operating system and a distribution system. The operator
the transmission system is further required to equip the measuring device pass-through
gas storage space. Producer gas is required to equip the measuring
device pass-through space between the gas-processing and transportation system
the distribution system or reservoir, upstream of another pipeline
the manufacturer and the customer attached to the sampling point by operated by the
extractive gas pipeline.
(3) measuring method and measuring device type specifies the transmission
or distribution system, which is connected with the gas
the exception of the forward positions gas storage, where it is determined by the operator
the transmission system, transfer jobs to downsizing gas attached to the
stack gas, where is the operator determines the stack gas and
offtake points connected to the extractive gas pipeline customers, where it is
Specifies the manufacturer of the gas.
(4) Customers, the operators of the gas storage operators
distribution system operators are obliged to edit at their own expense the sampling or
pass-through space for installation of the measuring equipment, in accordance with the Treaty on the
connection and with the conditions contained in the order of transmission
system or in the order of distribution system operator. In justified
cases when changing the measuring device are customers, operators
gas storage and distribution system operators shall be obliged to modify the
the sampling or pass-through space for installation of the new measuring equipment in
a reasonable time limit set by the transmission system operator,
distribution system operator or producer gas.
(5) Any intervention into the measuring device without the consent of the person who determines the
measuring method and type of measuring device, shall be prohibited.
(6) Customers, the operators of the gas storage operators
distribution system operators shall be obliged to allow the transmission
system, the distribution system operator or the manufacturer of the gas
the sampling or pass-through space measuring device equipped, access to
measuring devices for the purpose of carrying out the checks, readout, maintenance, exchange of
or remove measuring device. Gas producers are required to allow the
the transmission system operator, the distribution system operator
or operator of the storage tank, to which the device is a producer of gas
connected, anytime access to the measuring device for the purpose of implementation of the
his checking or reading.
(7) the one who determines the method of measurement and the type of measuring equipment, has the right to
each part of the measuring device to ensure against unauthorized
handling. If it finds the customer, manufacturer, operator of the gas tank
gas distribution system operator or violation of the measuring device
or his collateral, is obliged to immediately report it to the one who determines the
measuring method and measuring device type.
(8) the person who is required to furnish a space measuring pick-up or transfer
device, ensure the installation of measuring equipment at their own expense and on the
your load it maintains and regularly verifies the accuracy of the measurement.
(9) if the customer has, the operator of a tank of gas or the operator
doubts about the accuracy of the distribution system of measurement or data found
the defect on the measuring device, has the right to have it checked. The same
the right has a transmission system operator or distribution operator
system, to which the system is connected to the gas plant. Whoever the sampling
or a pass-through place measuring device equipped, is obliged on the basis
their written request within 15 days from its receipt to replace measuring
installation or verify the accuracy of the measurement.
(10) If a defect on the measuring device, the costs associated with the
his examination and verification of the accuracy of the measurements referred to in paragraph 8 of the
who sampling or pass-through space measuring device equipped. If it is not
a fault is detected, the following costs shall be borne by the who for verification of the correctness of
measuring asked.
(11) The discharge gas before measuring device or on
the mining pipeline for the measuring device must be carried out no
interventions without prior written consent of the operator or
distribution system, which is the sampling of the gas equipment or mining
the pipeline is connected.
(12) for the customers whose gas annual subscription on one sampling point
does not exceed 2 100 MWh is a measurement of the time, if you do not have installed
continuous measurement, replaced by type-chart supplies. ".
360. In section 72, paragraph. 1 introductory part of the provision, the words "as defined
the quantity and the time course of ' shall be deleted.
361. In paragraph 72. 1 (a). (c)), the words "400 ths. M3 "is replaced by" 4
200 MWh ".
362. In section 72, paragraph. 1 (a). (f)), the word "Treaty" shall be replaced by
"the undertaking".
363. In section 72, paragraph 2 reads:
"(2) the contract of associated gas supply services is committed to the manufacturer
gas or gas trader to supply gas to the customer and to ensure the
their own name and for its own account in the gas industry and related services
the customer undertakes to pay for the gas supply price and the related
the price of services implemented in accordance with price regulation. The start of
the supply of gas under the contract of associated gas supply services occurs
to transfer responsibility for the imbalance on the manufacturer of the gas or the
the trader with the gas. The contract of associated gas supply services must
also contain similar elements as the contract for the supply of
gas customer. ".
364. In section 72, paragraph. 3 the last sentence shall be replaced by the sentence "the Treaty on
the connection must have the technical conditions, the date and place of
connection of the device and the location of the measuring devices. ".
365. In section 72, paragraph. 4, the word "Treaty" shall be replaced by the word "commitment".
366. In section 72, paragraphs 5 and 6 are added:
"(5) a contract to provide services for the transport of gas is committed to
the transmission system operator to provide a service for the transport of gas
participant of the gas market or foreign natural or legal person
and this market participant with a gas or foreign natural or legal
the person agrees to pay for the transport of gas service regulated price
or the price determined on the basis of an approved market method
the price for the international transport of gas. The contract for the provision of services
the transport of gas must furthermore contain a binding order of the arrangements
the transmission system operator, the duration of the undertaking, specifying the input
and the exit points of the transmission system, the size of transport capacity,
the term transport of gas and method of measuring gas. The Treaty on the
the provision of transport services, the customer must also include
and) enumeration of offtake points,
(b)) method of payment payments for transport services,
(c) the customer's permission) to withdraw from the contract in case of non-compliance
contractual obligations on the part of the transmission system operator or
the case of a disagreement with the proposed amendment of the terms
(d) the notification to customer about) the way change the terms and conditions.
(6) Contract to provide services to the distribution system is committed to
distribution system operator shall provide to the customer, the merchant
with gas, gas producers or the distribution system operator services
in the case of the distribution system and the distribution system operator
not connected directly to the transmission system to provide service distribution
system to which it is attached, the distribution system and the market participant with
gas is committed to pay the price applied in accordance with the price
Regulation of the distribution system for the services. The manufacturer of the gas or the merchant with the
gas distribution system provides services to the customer or manufacturer with the
gas, which has concluded a contract on the joint supply services
gas, in its own name and on its own account. Contract about providing service
the distribution system must contain a binding order of the arrangements
distribution system operator, the duration of the commitment, the term
start of distribution of gas, the size of the reserved capacity, enumeration
transfer or consumption points, a way to measure the distribution of gas and
its over. Contract about providing service distribution system
the customer must also include
and the method of payment for payments) services to the distribution system,
(b) the customer's permission) to withdraw from the contract in case of non-compliance
contractual obligations on the part of distribution system operator or
in case of disagreement with the proposed amendment of the terms
(c) notification of the customer) the way of the change in the contractual conditions. ".
367. In section 72, paragraph. 8, the word "Treaty" shall be replaced by the word "commitment" and on the
end of paragraph, the following sentence "Treaty on the settlement of imbalances requires
writing. ".
368. In section 73, paragraph. 3 (b). and), after the words "Ministry of the Interior,"
the words "market operator".
369. In paragraph 73. 3 (b). (b)), for the words "Ministry of the Interior,"
the words "market operator".
370. In section 73, paragraph. 4 (b). and), after the words "Ministry of the Interior,"
the words "market operator".
371. In paragraph 73. 4 (b). (b)), for the words "Ministry of the Interior,"
the words "market operator".
372. In section 73, paragraph. 6 the words "and the loss of profit" shall be deleted.
373. In sections 73a, paragraph 1 reads:
"(1) a trader with gas or producer gas is required to ensure
the safety standard of the required supply of gas for delivery to customers
According to the regulation directly applicable European Union ^ 21), with part of the
security standard laid down by the implementing regulation, the
ensures storage of gas in storage in the territory of a Member State
The European Union, in order to ensure safe and reliable supplies
gas to the Czech Republic. This obligation may, trader with gas or
the manufacturer of the gas through another participant of the market with the
gas. ".
374. In sections 73a, paragraph. 2, after the words "paragraph 1.0" shall be replaced
"demonstrating the safety standard for the month from the first day
This month, and "and the words" to the first day of each month "shall be replaced by
the words "by the 15th day of the following month. At the end of paragraph
the following sentence "the obligation to submit data on the extent and the way of ensuring
security standard applies to gas trader according to
the first sentence of paragraph 1 and to the participants in the gas market, through
where the obligation under paragraph 1 provided. ".
375. In sections 73a, paragraph 4 shall be deleted.
376. In section 74 title reads: "Unauthorized collection, unauthorised transportation,
unauthorized distribution, and unauthorized storage of gas ".
377. In section 74, paragraph. 1 (a). and the words ") contract, which
the subject is the supply of gas "shall be replaced by the words" the rule of reason, or if the
the legal reason for the semi-final. "
378. In section 74, paragraph. 1 (a). (e)), point 1, the word "or" is replaced by
"or".
379. In section 74, paragraph. 1 (a). (f)), the words "or" be replaced by "or".
380. In section 74, paragraph. 1 the letter g) is added:
"(g)) gas without a contract, or of the Treaty on the settlement of imbalances, which
the subject is the devolution of responsibilities for the imbalance in the body of the settlement
lasting longer than 10 working days. ".
381. In section 74, paragraph 1, the following paragraph 2 is added:
"(2) in the event that occurs when you change the gas supplier gas in
the sampling point customer for less than 10 working days without
the contracting entity clearing logged for the place of consumption of the customer
This is not about the unauthorized collection of gas and carries responsibility for deviation
future body. ".
Paragraphs 2 to 5 shall become paragraphs 3 to 6.
382. In section 74 paragraph 3 and 4 are added:
"(3) the Unauthorized transport of gas is
and the use of transport services) without a legal reason, or if the legal
the reason for the semi-final,
(b) the transport of gas) use repeated non-compliance with the agreed
payment obligations,
(c) the transport of gas) use made in violation of the terms
contained in the order of the transmission system operator.
(4) Unauthorized distribution of gas is
and the use of the distribution system services), without a legal reason, or if the
the legal reason for the semi-final,
(b) the distribution system services) use repeated non-compliance with
the agreed payment obligations,
(c)) use of the service distribution system made in conflict with the
the conditions contained in the order of distribution system operator,
(d) the use of the distribution system services), without allowing access to the measuring
equipment and neměřeným parts of the gas sampling device for the purpose of
perform the checks, readout, maintenance, replacement or removal of the measuring
device. ".
383. the following shall be added in section 74 paragraph 7 and 8 are added:
"(7) in unauthorized gas sampling is the person who unlawfully
dig up or removing gas, is obliged to pay in money damage.
If you cannot see damage on the basis of proven detected
data, is required to pay the amount of the damages determined by calculation according to the inputs
gas appliances installed in place of the unauthorized collection or
the dimensions and the pressure of the inlet gas pipe or the nominal flow
gas pressure regulator, unless agreed otherwise. The damage are
proven strictly necessary costs incurred to detect
unauthorized gas sampling.
(8) When the unauthorized transport of gas, gas distribution, unjust or
gas storage is the person who unlawfully uses a transport service
gas distribution system service or gas storage required
Replace in money damage. ".
384. In section 76, paragraph. 1, after the word "customer", the words "heat
the energy ".
385. In section 76, paragraph. 2 the word "or" shall be replaced by the word "or" at the end of
paragraph, the following sentence "supplier of heat energy is required to
charge the supply of heat energy in accordance with the implementing the legal
Regulation. ".
386. Under section 76, paragraph. 3 (b). (c)), for the word "device", the words
"or when the regular authentication".
387. In section 76, paragraph. 4, after the words "supplier", the words "heat
the energy ".
388. In section 76, paragraph. 4 at the end of the text of the letter e), the words
"thermal energy".
389. In section 76, paragraph. 4 (b). (h)), after the word "Subscriber" shall be inserted after
"heat energy" and at the end of the text of the letter (h)), the following words
"thermal energy".
390. In section 76, paragraph. 5 of the introductory part of the provisions for the word "divorce"
the words "heat energy".
391. In section 76, paragraph. 5 (a). (b)) for the word "distribution" is the word
"heat".
392. In section 76, paragraph. 5 (a). (c)), for the word "distribution" is the word
"heat".
393. Article 76, paragraph 6 is added:
"(6) in the cases referred to in paragraph 4 is entitled to compensation for damage
out of the question. This does not apply if the supplier fails to heat energy
the notification obligation imposed by paragraph 4 (b). (c)) or in
cases where demonstrably caused the failure of the heat supplier
energy. ".
394. In section 76, paragraph. 7, the words "operator of the distribution of the heat
the device "shall be replaced by the words" the holder of the licence to the distribution of thermal energy, "and
the word "real estate;", the words "shall not apply if the holder of the
licences for the distribution of thermal energy is not the owner of the distribution
thermal equipment; in this case, this obligation to the owner
the distribution of the heat equipment. ".
395. In section 76, paragraph. 7, the words "in the case" shall be replaced by the words "in the case".
396. Article 76 paragraph 8 is added:
"(8) the holder of a licence for the distribution of heat energy is required to in the performance of
the permission referred to in paragraph 5 (a). and (d))) up to as much as possible to save the rights
owners of the affected properties and the entry or entry to their
real estate announce them. After the end of the work is obliged to indicate real estate
to its original state, or if this is not possible with regard to the nature of the
of work performed, to the State of the corresponding previous purpose, or
the use of the property concerned and notify the owner of the
real estate. After the implementation of the removal or curtailing the trees is required to
at their own expense to the arising of the brushes and the residue after extraction. ".
397. In section 76, paragraph. 9 (a). (b)), the words "and the protection of the environment"
shall be deleted.
398. In section 76, paragraph. 9 (a). (c)), the words "and" shall be deleted.
399. In section 76, paragraph 10 is added:
"(10) if the owner or user of the property as a result of the performance of
rights of the holder of the licence to the distribution of thermal energy in accordance with paragraph 5 (b).
and (b))) or in the usual use of the limited real estate, or suffer
on the property, has the right to a reasonable one-time compensation ^ 5). The right to the
compensation under the first sentence can be applied to the licence holder on divorce
thermal energy within 2 years from the date when the restrictions or injury has occurred, otherwise
the right to exist. ".
400. In section 77, paragraph. 1, after the word "Customer", the words "heat
the energy "and the words" heat sources "are replaced by the words" source of heat
the energy ".
401. In § 77 of paragraphs 2 to 4 shall be added:
"(2) the Subscriber of thermal energy has the right to compensation for failure to comply with
the basic parameters of the supply of heat energy. The right to compensation is
excluded in the cases referred to in section 76, paragraph. 4.
(3) If a supplier of thermal energy customer of thermal energy
change of the heat-carrying medium or its parameters that require adjustment
the sampling distribution of the heat device or a thermal device has
the Subscriber of thermal energy right from the contract for the supply of heat energy
withdraw with effects to the notified date changes. Change of the heat-carrying medium
or its parameters that require adjustment of the sampling of the heat equipment
or distribution of the heat equipment supplier of heat energy is required to
notify, in writing, of at least 12 months in advance. If the customer does
thermal energy from the contract for the supply of heat energy is required to
Edit at their own expense the sampling equipment or thermal heat distribution
device to match the notified change. Subscriber heat
energy is also required to edit at their own expense the sampling of thermal equipment
for the installation of the measuring equipment in accordance with the technical conditions
the manufacturer of the measuring device after previous consultation with the supplier
thermal energy.
(4) the Subscriber of thermal energy may establish and operate a replacement or
another source of heat energy, which is linked to the distribution heat
the device or can affect its operation, to provide substance in the air
thermal equipment or its parameters, only after a written agreement with the
the holder of the licence to the distribution of thermal energy. ".
402. In section 77, paragraph. 5 the second sentence between the words "equipment" and "pay"
the words "including the removal of heat connections or pass-through
the station ".
403. In section 77, paragraph 7 is added:
"(7) The heat supply equipment or its parts, which passes through the
neměřená thermal energy, it is prohibited to carry out any modifications without
the consent of the holder of a licence for the production of thermal energy or heat distribution
energy. The Subscriber is the thermal energy at the request of the vendor of the thermal
the energy required to allow access to parts of the sampling of the heat equipment
which goes through neměřená heat energy. ".
404. In section 77, the following paragraph 8 is added:
"(8) the customer has the right to provide to another person removed the thermal
energy, through equity or operated by it
a sampling of the heat equipment; the cost of the purchase of thermal energy on these
people only rozúčtuje in an agreed manner. ".
405. In section 78, paragraph. 1, the words "the holder of a licence for the production and the holder of the
the license for divorce "is replaced by" supplier of heat energy "and the word
"post" shall be replaced by the words "to charge the customer the heat energy" and
the word "custom" shall be deleted.
406. Article 78 paragraph 1 reads:
"(1) the obligations of a supplier of thermal energy is heat energy supply
measure, assess and charge the customer the heat energy according
the actual parameters of the heat-carrying medium, and the data of the measuring device, which
at their own expense, be involved, maintains and regularly verifies the accuracy of the
measurement in accordance with a special law ^ 12). Subscriber heat
energy has the right to verify the accuracy of reading of measured values. In
If the station is used for the supply of thermal energy only
for a single object, you can install the measurement of ^ 12) heat energy input
or on exit from this station. ".
407. In section 78, paragraph 2 reads:
"(2) If a question Arose about the accuracy of the information or if the measurement
found a glitch on the measuring device, is a supplier of thermal energy
shall on the basis of a written application of the customer within 30 days to verify the accuracy of the
measurement and in case of a detected malfunction, replace the measuring device. The customer is
obliged to provide for the exchange of the measuring device with the necessary synergies.
If a fault is detected on the measuring device, the costs associated with its
examination and exchange of thermal energy supplier. If a defect is not
detected, these costs shall be borne by the customer. This provision shall apply
also, mutatis mutandis, to the supply of heat energy thermal energy distributors,
If the contract for the supply of heat energy otherwise. ".
408. In section 78, paragraph. 3, the words "its owner" shall be replaced by the words
"thermal energy supplier".
409. In section 78, paragraph. 4, the first sentence, after the words "supplier" shall be inserted after
"thermal energy", the word "Subscriber" shall be inserted after the words "heat
the energy "in the second sentence, after the word" customer ", the words" heat
the energy "and" supplier "shall be inserted after the words" heat energy ".
410. In section 78, paragraphs 5 and 7 shall be deleted.
Paragraph 6 is renumbered as paragraph 5.
411. In section 78, paragraph 5 is added:
"(5) the Subscriber is the heat energy in cases of joint supply of heat
more power to the consumption points shall provide the supplier of thermal
energy data of meters under the law on metrology, or
data from a device for the distribution of the costs of heating and other data
necessary for the distribution of the costs of heating and hot water supply ".
412. section 79 including title:
"§ 79
Heat the connection and transfer station
(1) Transfer Station designed for the collection of heat energy for only one
an object or a thermal connection establishes a Subscriber at its own expense
thermal energy, if not agreed otherwise.
(2) the owner of a thermal connection or transfer station is the one who
established, if not agreed otherwise.
(3) repair and maintenance of heat connections or pass-through station provides
the cost to the owner.
(4) the supplier is obliged to the thermal energy for the payment transfer station
intended only for a single object or a thermal connection to maintain and
correct, if its owner so requests in writing.
413. In section 87, paragraph. 4, the first sentence shall be replaced by the phrase "in the protection zone and the
outside them is each obliged to refrain from acts which could damage
equipment for the production or distribution of thermal energy, limit or
the safe and reliable operation, and all the activities must be
carried out so as to avoid damage to the equipment for the production or distribution of
heat energy. ".
414. In section 87, the following paragraph 7, including the footnote.
33 is added:
"(7) the protection equipment for the production or distribution of thermal energy
shall cease permanently deleting the construction on the basis of the appropriate consent or
authorisation in accordance with the building Act ^ 33).
"33) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended. ".
415. Article 88, paragraph 3 reads:
"(3) in the prevention of a State of emergency and a State of emergency are holders of
licences for the distribution of heat energy and the thermal energy required to subscribers
is subject to restrictions on the consumption of thermal energy, regardless of the closed
of the Treaty. Holders of licences for the distribution of thermal energy may be necessary
the extent of use of the device heat energy. ".
416. In paragraph 88. 6 the words "and the loss of profit" shall be deleted.
417. § 89 including title:
"§ 89
Unauthorized taking of an unauthorized delivery of thermal energy and thermal energy
(1) the Unauthorized collection of thermal energy is
and the collection of thermal energy) without a legal reason, or if the legal reason
the semi-final,
(b)) the subscription of thermal energy, with repeated non-compliance with the agreed payment
duties or obligations arising from the payment of damages
caused by the unauthorized collection of thermal energy, which are not fulfilled
even after the warning,
(c)) connection or subscription of thermal energy from the part of the sampling of the heat
device, or of the distribution of the heat equipment, which passes through neměřená
thermal energy,
d) subscription of thermal energy measured by the measuring device, which
1. the addition of thermal energy or subscription registered subscription heat
energy incorrectly to the detriment of suppliers of thermal energy as a result of
unauthorized intervention in this measuring equipment or its components or
Accessories, or have been in the measuring equipment made such interventions,
that data on actual consumption of thermal energy have changed,
2. it was not fitted with a supplier of thermal energy, or whose stocking it
It was not approved,
3. measurement errors in favor of the customer, the thermal energy and the
which has been infringed either hedge against tampering, or
He was shown the intervention into the measuring device,
e) subscription of thermal energy in direct connection with the unlawful intervention on the
the air heat equipment
f) heat energy without subscription access to the measuring device and the
neměřeným parts of the heat consumption of the device to perform the
checks, readout, maintenance, replacement, or disconnect the measuring device,
Although he was a customer of thermal energy to allow access at least 15
days required in writing in advance.
(2) Unauthorized delivery of thermal energy is the supply of heat energy to the
the distribution of the thermal facilities operated by the licensee on divorce
heat energy without a contract for the supply of thermal energy or in conflict with the
or without the written consent of the holder of the licence.
(3) the Unauthorized collection and unauthorized supply of heat energy
prohibited.
(4) when the unauthorized collection of thermal energy is the person who unlawfully
source or removes the thermal energy required to replace in the money
damage. If you cannot see damage on the basis of proven
the detected data is obliged to reimburse the amount of the damages determined by calculation according to the
the wattage of the appliances of heat and the usual period of their use, unless otherwise agreed by
otherwise. Damage are demonstrably necessary costs incurred by the
on the detection of unauthorized collection of thermal energy. ".
418. In section 90 of the paragraph. 1 (a). (b)), the words "or rozúčtuje the cost of purchase
electricity, gas or heat energy "be deleted and the words" in section 3, paragraph 3. 5 "
shall be replaced by the words "in section 3, paragraph 3. 6. "
419. In paragraph 90 of section. 1 (a). (c)), the words "access to energy equipment
to the extent referred to in section 10, paragraph 1. 7 ' shall be replaced by the words "exercise of the licensed
the activities under section 12, paragraph. 1. "
420. In section 90 of the paragraph. 1 (a). (e)), after the words "set out in", the words
"§ 22 paragraph 1(b). 3.0 "and the words" § 28 paragraph. 5 "shall be replaced by the words" § 28 paragraph.
7. "
421. In section 90 of the paragraph. 1 the letter g) is added:
"(g)) has its own alternate source without the agreement of the operator
the transmission system operator or distribution system operator in violation of
section 28 paragraph. 4 or operates electricity plant, which is linked to the
transmission system or distribution system, contrary to section 28
paragraph. 5 or 6 ".
422. In paragraph 90 of section. 1 (a). I) is between the words "locks" and "repair"
the words "as the owner of" and the words "thermal connections"
the words "or transfer station".
423. In paragraph 90 of section. 1 letter):
"to violate any of the prohibitions) laid down in § 46 paragraph. 8, 9, 10 or §
paragraph 68. 3 or 5 ".
424. In paragraph 90 of section. 1, letter a) the following point (l)), which read:
"l) fail to fulfil one of the obligations provided for in § 46 paragraph. 12 or 13
or section 68, paragraph. 5 or placed in a protection zone, in contradiction with the
the provisions of section 68, paragraph. 4 or other activity in the protection zone
contrary to the provisions of section 68, paragraph. 4 permanent stands or drop in
contrary to the provisions of section 68, paragraph. 6 or placed in a security building
zone in contravention of the provisions of section 69, paragraph. 3. "
Letters l through z)) shall become letters (m)) to aa).
425. In section 90 of the paragraph. 1 (a). m), the words "paragraph. 2 "shall be replaced by the words ' paragraph 4 '.
3 "and the words" paragraph. 5 "shall be replaced by the words ' paragraph 4 '. 6. "
426. In paragraph 90 of section. 1 (a). p), the words "its owner" shall be replaced by the words
"thermal energy supplier".
427. In section 90 of the paragraph. 1 at the end of the text of the letter q) added the words "or
does not allow suppliers of thermal energy measuring device or cast
access to it under section 78, paragraph. 4 or does not allow suppliers of thermal
energy access to the parts of the heat consumption of the device, which is
neměřená heat power, under section 77, paragraph. 7. "
428. In section 90 of the paragraph. 1 (a). t) between the word "device" and the words "when
change the ", the words" or the distribution of a thermal device ".
429. In paragraph 90 of section. 1 letter u) is added:
"u) shall establish and operate a replacement or other source of heat energy, which is
linked with the distribution thermal equipment, or affect the operation of the
This device, provide the substance in the air or heat equipment
its parameters without the written agreement of the holder of the licence to the distribution of heat
energy in contravention of section 77, paragraph. 4. ".
430. In section 90 of the paragraph. 1 (a). from) the words "statutory authority" be deleted and for the
the word "Council" shall be inserted the words "or of the Administrative Board".
431. Article 90 paragraph 1 the following paragraph 2 is added:
"(2) a natural person who committed the offence is on by
and in those cases does not provide common) supply of thermal energy to the more
suppliers of thermal energy consumption points from the data set of gauges
under the law on metrology, or from a device for the distribution of the costs of
heating or other information required for distribution of heating cost
and hot water supply in contravention of section 78, paragraph. 5,
(b)) violates any of the duties referred to in section 66 paragraph. 3,
(c)) as a member of the statutory body or the head of an employee of the operator
distribution system violates the prohibition in section 25a, paragraph. 6 or in section 59a of the paragraph. 7,
(d) does not provide the Ministry or the energy) to the regulatory authority in the
set a reasonable time limit required documentation or information pursuant to §
15A, paragraph. 2,
e) manipulates or attempts to manipulate the market, contrary to article. 5
Regulation of the wholesale energy market,
(f)) uses the confidential information in breach of the prohibition pursuant to article. 3 of regulation
on the wholesale energy market,
(g) does not guarantee the publication of confidential information) in accordance with article. 4 section 3 of the regulation on the
the wholesale energy market,
(h) to notify a suspect pursuant to article). 15 of the regulation of the wholesale market
energy,
(I) prevent or seriously difficult) exercise of supervision pursuant to § 18 paragraph. 1 by
the energy regulatory authority does not allow the performance of its permission according to §
18 paragraph. 5 or fails to fulfil any of the obligations under the control of the order,
(j)) will not allow the Energy Regulatory Office, the performance of its permissions according to the
section 18b, or fails to provide to the Energy Regulatory Office synergies, though
to do so under this Act, shall be obliged to. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
432. Article 90 paragraph 4 is added:
"(4) for the offence referred to in paragraph 1 (b). and) to y) or paragraph 2
(a). (c)), or paragraph 3 shall be imposed of up to 100 000 Czk. For
offence referred to in paragraph 1 (b). from) or aa) saves a penalty up to
the amount of 500 000 Czk. For the offence referred to in paragraph 2 (a). and), b), (d))
h) saves a penalty of up to 50 000 Czk. For the offence referred to in
paragraph 2 (a). I) to) saves a penalty up to 1 0000 0000 Czk. ".
433. In section 91, paragraph. 1 (a). and the number ")" shall be replaced by the number "6".
434. In section 91, paragraph. 1 (a). (b)), the words "requests the amendment of the decision on the
the granting of the licence "shall be replaced by the words" has not notified within 30. April
The Energy Regulatory Office summary changes its energy
device for the previous calendar year at the newly built or acquired
power equipment on its defined areas or requests
change the decision on the grant of the licence ".
435. In section 91, paragraph. 1 (a). (e)), the word "Ministry" is replaced by
"the Ministry or the", the words "or the State Energy inspection"
deleted and the number "2" is replaced by the number "3".
436. In section 91, paragraph. 1 (a). g), the words "paragraph. 2 "shall be replaced by the words ' paragraph 4 '.
3 "and the words" paragraph. 5 "shall be replaced by the words ' paragraph 4 '. 6. "
437. In sections 91 at the end of paragraph 1, the period is replaced by a comma and the following
the letters also) to l) are added:
"i) does not separate accounts relating to obligations in excess of the license
under section 12, paragraph. 6,
(j)) do not submit regulatory statements under section 20 (2). 6 in the structure, contents,
and the dates laid down in the implementing regulation,
fails to comply with the obligation to) pursuant to section 22 paragraph 1(b). 3,
l) when applying the advances for the supply of electricity, gas or heat
energy ceased their amount no more than reasonably expected
the consumption of electricity, gas or heat energy in the following
billing period according to § 11a paragraph. 7. ".
438. In section 91, paragraph. 3 (b). (d)), for the words "section 24 paragraph. 1 "shall be replaced
"(a). and (c))), d), (e) or (f))) "and the words" or w) "shall be replaced by the words
"or w)-z)".
439. In section 91, paragraph. 4 (b). (b)), the words "paragraph. 4 "shall be replaced by the words ' paragraph 4 '.
5. "
440. In section 91, paragraph. 4 (b). (d)), after the words "§ 25 paragraph. 1 "shall be replaced
"(a). and (c))) or ".
441. In section 91, paragraph. 4 (b). (f)), the words "statutory authority or its"
deleted after the word "members" shall be inserted after the words "statutory body" and
the word "Council" shall be inserted the words "or of the Administrative Board".
442. In section 91, paragraph. 4 (b). g), the words "rented enterprise" shall be replaced by
the words "race", propachtovaný business the word "lessee" shall be replaced by
the word "farmers" and the word "chartered" shall be replaced by the word
"propachtovaného".
443. In section 91, paragraph. 5 (a). (b)), the words "or 6" shall be replaced by the words "or 7"
and the words "paragraph. 3 "shall be replaced by the words ' paragraph 4 '. 4. "
444. In section 91, paragraph. 6 (a). e), the words "section, paragraph 57. 8 (a). (b) to (l))) "
replaced by the words "§ 57, paragraph. 8 (a). (b)) to (p)) ".
445. In section 91, paragraph. 6 (a). (h)), the words "paragraph. 9 "shall be replaced by the words ' paragraph 4 '.
8. "
446. In section 91, paragraph. 7 (b). (d)), the words "or w)" shall be replaced by the words "w)
or aa) to dd) ".
447. In section 91, paragraph. 8 (a). (b)), the words "shall not issue paper shares on name
or shares in dematerialised form "are replaced by the words" shall not issue shares
as a valuable paper or shares or to the owner as zaknihovaný
paper ".
448. In section 91, paragraph. 8 (a). (c)), the words "issued statutes" shall be replaced by the words
"it does not adjust the basic organizational structure, organization
the internal management and control system ".
449. In section 91, paragraph. 8 (a). (d)), the words "statutory authority or" shall be deleted.
450. In section 91, paragraph. 8 (a). e), the words "of the statutory body or"
shall be deleted.
451. In section 91, paragraph. 8 (a). (f)), the words "the statutory body or"
shall be deleted.
452. In section 91, paragraph. 8 (a). (h)), the term "statutory body" shall be deleted and the
the word "Council" shall be inserted the words "or of the Administrative Board".
453. In sections 91 at the end of paragraph 8 of the dot replaces the comma and the following
letter u), which read: "u) violates any of the obligations specified in §
58g paragraph. 8. ".
454. In section 91, paragraph. 9 (a). (b)), the words "paragraph. 4 "shall be replaced by the words ' paragraph 4 '.
5. "
455. In section 91, paragraph. 9 at the end of the text of subparagraph (d)), the words "to
FF) ".
456. In section 91, paragraph. 9 (a). (f)), the words "statutory authority or its
Members ' shall be replaced by the words "the members of the statutory body" and the word "Council"
the words "or of the Administrative Board".
457. In section 91, paragraph. 9 (a). g), the words "rented enterprise" shall be replaced by
the words "race", propachtovaný business the word "lessee" shall be replaced by
the word "farmers" and the word "chartered" shall be replaced by the word
"propachtovaného".
458. In section 91, paragraph. 9 (a). the words "paragraph). 9 "shall be replaced by the words ' paragraph 4 '.
8. "
459. In sections 91 at the end of paragraph 9, the dot is replaced by a comma and the following
letter u), which read:
"u) violates the obligation referred to in section 59a of the paragraph. 6 or in section 59a of the paragraph. 8. ".
460. In section 91, paragraph. 10 (a). (c)), the words ", d) to r) or with)" shall be replaced by
the words "or (d)))".
461. In section 91, paragraph. 10 (a). e), the words "statutory authority or its
Members ' shall be replaced by the words "the members of the statutory body" and the word "Council"
the words "or of the Administrative Board".
462. In section 91, paragraph. 10 (a). g), the words "paragraph. 9 "shall be replaced by the words ' paragraph 4 '.
8. "
463. In section 91, paragraph. 11 (a). (b)), the words "or 6" shall be replaced by the words "or
7 "and the words" paragraph. 3 "shall be replaced by the words ' paragraph 4 '. 4. "
464. In section 91, paragraph. 12 (a). (d)), the word "custom" is deleted.
465. In section 91, paragraph. 12 (a). e), the words "nepřezkouší measuring device"
replaced by the words "does not verify the accuracy of the measurement", the word "it" is deleted and
the word "exchanged" shall be inserted after the words "measuring equipment".
466. In section 91 paragraph 12, insert a new paragraph 13, which read as follows:
(13) the holder of the licence to the market operator's activities committed by the administrative
tort that violates any of the requirements under section 20a, paragraph. 3. ".
Paragraph 13 shall become paragraph 14.
467. In sections 91 at the end of paragraph 14 is replaced by a comma and the following dot
the letter d), which read:
"(d)) 3 0000 0000 CZK in the case of an administrative offence referred to in paragraph 13.
468. § 91a including title:
"§ 91a
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) Legal or natural person established by the administrative
tort by
and in the energy sectors) without a licence or without the permission of the
business organisation recognised by the energy regulatory office under section 7a or
the Energy Regulatory Office has not notified the demise of permission under section 7a
paragraph. 3,
(b)) provides that electricity, gas or heat energy to another person
contrary to section 3 (3). 3,
(c)) violates the prohibition set out in section 3, paragraph 3. 6,
(d)) as the owner of the equipment will not allow the designated holder
the license of the licensed performance activities pursuant to section 12 paragraph. 1,
(e) the Ministry of Energy, does not) to the regulatory authority or the State
energy inspection of the required documentation within the time limit, or
information according to § 15a paragraph. 1,
(f)) as the owner or grantor does not result in power equipment
the chart of accounts for posting schedule on the costs and revenues of the property
or leasing of energy facilities according to § 20 paragraph. 5,
(g)) does not provide the market operator the information necessary for the performance of its
obligations, or fails to provide the information about changes to the gas supplier under section
20A, paragraph. 5 (a). and) or (f)) or does not pass the necessary information needed to
dispečerskému management according to § 26 paragraph. 6,
h) breach of an obligation under section 22(2). 3,
I) violates any of the obligations specified in § 28 paragraph. 2 (a). and)
(f)), h), (j))) or paragraph. 7 or one of the obligations laid down in section
paragraph 62. 2 (a). (b)) to (i)), section 62, paragraph. 3 or 4,
j) performs the action 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 paragraph. 3 or
performs the action on sampling gas equipment from the measuring device without
prior written consent of the operator of a transmission or distribution
system in violation of § 71 paragraph. 11,
k) contrary to section 28, paragraph. 5 or 6 runs over to the electricity that
It is connected to the transmission system or distribution system,
l) as the owner of a direct line or operator direct pipeline
violates any of the obligations set out in section 43 or section 65 paragraph. 3 or
as the owner of the relevant part of the electricity system or person
operating a natural gas facility in writing unless otherwise provided in the conditions for no reason
for the realization of public utility buildings, or for no reason not to grant a written
consent to another building or construction or other activities in the protection
zone according to § 46 paragraph. 11 or § 68, paragraph. 4,
m) does not ensure the operation, maintenance or repair of the electric or gas
unions, pursuant to section 45, paragraph. 5 or section 66 paragraph. 3 or will not provide as
the owner of the repair or maintenance of the thermal connection or transfer station
According to § 79 paragraph. 3,
n) as the owner or user of the property does not allow the operator to
the transmission system, transmission system operators or the operators
the performance of the activities of the distribution system in the protection zone in accordance with § 46 paragraph.
4 or § 68, paragraph. 5, or as the owner of the property does not allow
the operators of the facility access to the facility for the distribution of thermal energy
pursuant to section 87, paragraph. 6,
breach of any of the) the prohibitions laid down in § 46 paragraph. 8, 9, 10 or § 68
paragraph. 3 or 5,
p) fail to fulfil one of the obligations provided for in § 46 paragraph. 12 or 13
or section 68, paragraph. 5 or placed in a protection zone, in contradiction with the
the provisions of section 68, paragraph. 4 or other activity in the protection zone
contrary to the provisions of section 68, paragraph. 4 permanent stands or drop in
contrary to the provisions of section 68, paragraph. 6 or placed in a security building
zone in contravention of the provisions of section 69, paragraph. 3,
q) does not adjust the supply point for the installation of the measuring equipment referred to in section 49
paragraph. 2 or § 71 paragraph. 4,
r) notifies the transmission, transport or distribution
System detected defects on the measuring device or a hedge against
tampering without delay after their discovery, according to § 49 paragraph. 4
or § 71 paragraph. 7 or fails to notify the identified violations of the measuring equipment
or his collateral under section 78, paragraph. 4,
with) into the measuring device without the consent of the transmission,
a transmission or distribution system operator in violation of § 49 paragraph. 4, § 71
paragraph. 5 or in the measuring device without the consent of the supplier
thermal energy in contravention of section 78, paragraph. 3,
t) will not allow the transmission or distribution system operators access to the
the measuring device or neměřeným parts of the delivery of electrical equipment
According to § 49 paragraph. 6 or by transmission or distribution
system access to the measuring device pursuant to section 71, paragraph. 6 or does not allow
stocking supplier of thermal energy metering equipment and access to it
under section 78, paragraph. 4 or does not allow access to suppliers of thermal energy
parts of the sampling device, which is a heat neměřená heat
the power, under section 77, paragraph. 7,
for breach of the prohibition of unauthorized transfer) of electricity, or unauthorized
distribution of electricity referred to in section 53, paragraph. 3 or a ban on the unauthorized
the transport of the gas or the unauthorized distribution of gas referred to in section 74, paragraph.
6,
do not comply with the limitation of in) the consumption of electricity, gas, or change in supply
electricity or gas pursuant to § 54 paragraph. 5 or § 73 paragraph. 5 or
fail to comply with restrictions on the consumption of heat energy under section 88, paragraph. 3,
w) drop Permanent grasslands without the consent of the transmission system operator,
distribution system operator, or the operator connections in the
contrary to section 68, paragraph. 6,
x) does not adjust the sampling distribution of the thermal thermal device or devices when
change the heat-carrying medium or its parameters or not adjust the sampling
thermal devices for the installation of the measuring device after the previous
consultation with the supplier of heat energy under section 77, paragraph. 3,
s) shall establish and operate a replacement or other source of heat energy, which is
linked with the distribution thermal equipment or affect the operation of the
This device, provide the substance in the air or heat equipment
its parameters without the written agreement of the holder of the licence to the distribution of heat
energy in contravention of section 77, paragraph. 4,
as the owner of the property of) would not tolerate the location or operation of
the distribution of the heat equipment or parts thereof under section 77, paragraph. 6.
(2) the Legal or natural person-entrepreneur is also committed by the administrative
tort by
and make adjustments to the sampling) heat the device or its parts,
which goes through neměřená the supply of heat energy, without the consent of the
the holder of a licence for the production of thermal energy or heat energy distribution
contrary to section 77, paragraph. 7,
(b)) violates the prohibition set out in section 87, paragraph. 4 or performs in the protection
the bands activities without the prior written consent of the operator
the device, which is used for the production and distribution of thermal energy in contravention of
section 87, paragraph. 4,
(c)) 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,
(d)) does not provide, in cases of joint delivery of thermal energy to the more
suppliers of thermal energy consumption points from the data set of gauges
under the law on metrology, or from a device for the distribution of the costs of
heating and other information under section 78, paragraph. 5,
(e)) as a member of the statutory body of distribution system operator
violate the prohibition in section 25a, paragraph. 6 or in section 59a of the paragraph. 6,
f) prevent or severely impedes the exercise of supervision pursuant to § 18 paragraph. 1 by
the energy regulatory authority does not allow the performance of its permission according to §
18 paragraph. 5 or fails to fulfil any of the obligations under the control of the order,
(g)) will not allow the Energy Regulatory Office, the performance of its permissions according to the
section 18b, or fails to provide to the Energy Regulatory Office synergies, though
to do so under this Act, obliged to.
(3) a legal or natural person established by the administrative
tort, as the auditor of the program violates any of the requirements
Auditor of the program set out in section 25a, paragraph. 5, § 58i paragraph. 8 to 10, §
59A, paragraph. 5 or § 60a paragraph. 5.
(4) the Legal or natural person, operating as a supplier of heat
energy, which is not licensed for the production of thermal energy or
licences for the distribution of thermal energy, committed misconduct by
and restricts or suspends the delivery of) heat energy in contravention of section 76, paragraph. 4
(a). I),
(b)) does not operate, maintain or heat does not fix the connection on request
its owner under section 79, paragraph. 4,
(c)) does not supply heat energy on the basis of the contract or the delivery of nevyúčtuje
thermal energy under section 76, paragraph. 2,
d) contrary to § 11a paragraph. 7 when the application of advances in heat supply
energy ceased their amount no more than reasonably expected
the consumption of thermal energy in the next billing period,
(e)) is not measured, evaluated, or the supply of heat energy by nevyúčtuje
the actual values of the heat-carrying medium or data of the measuring device or
neosadí, engages or does not maintain or regularly measuring device
does not verify the accuracy of the measurement in accordance with section 78, paragraph. 1.
(5) a legal person or a natural person-entrepreneur commits an administrative
tort by the energy regulatory authority does not provide the explanation,
do not submit 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
in accordance with section 96a is a participant in the dispute rozhodovaného Energy
Regulatory Office.
(6) the Legal or natural person, operating as a market participant
by Regulation REMIT ^ 26) commits misconduct by
and does not provide the Ministry or the energy) to the regulatory authority in the
time limit laid down the required documentation or information pursuant to § 15a paragraph. 2,
(b) the breach of an obligation imposed measure) of a general nature according to § 18a, paragraph.
4,
c) manipulates or attempts to manipulate the market, contrary to article. 5
Regulation of the wholesale energy market,
(d)) apply in the confidential information contrary to the prohibition referred to in article. 3 of regulation
on the wholesale energy market,
(e)) shall not disclose or furnish confidential information under article. 4 section 3
Regulation of the wholesale energy market,
(f)) does not provide the records or information under article. 8 the regulation on
the wholesale energy market,
(g)) performs a transaction without registration pursuant to article. 9 of the regulation on
the wholesale energy market,
(h) to notify a suspect pursuant to article). 15 of the regulation of the wholesale market
energy,
(I) fails to comply with an obligation under section) 15b.
(7) for the administrative offence referred to in paragraphs 1 to 4 shall be imposed to the 15
0000 0000 Czk excluding the misconduct referred to in paragraph 1 (b). in) and
paragraph 6, when you can impose a fine of up to 50 0000 0000 $, except
the administrative tort pursuant to paragraph 2 (a). f) or (g)), when you can save
a fine of up to Czk 1 0000 0000. For the administrative offence referred to in paragraph 5
You can impose a fine of up to Czk 1 0000 0000 ".
469. § 91c, including the title.
470. In the first part of the fourth head including the title.
471. In section 96 paragraph. 1 with the number "5" shall be replaced by the number "7".
472. In section 96 paragraph. 2, after the words "the Office," is inserted after the word "not", and
the words "of" with the word "not" is deleted.
473. In section 96 is added at the end of paragraph 2, the phrase "dispute management
administrative proceedings within the meaning of § 141 of the administrative code and management approval
and the establishment of the order within the meaning of § 97a shall be the time limit for the issuance of the decision of the 4
months, in particularly complex cases, 6 months. The time limit for the issue of
the decision in the proceedings instituted on the proposal of the customer in the position of
the consumer shall be 90 days, in particularly complex cases, the 120 days. ".
474. Article 96 paragraph 4 is added:
"(4) in proceedings conducted by the Energy Regulatory Office are
access to file the legally protected information is excluded. The file must
include in addition to the documents containing such information as the instruments of
which have been protected enough information deleted, or
for a detailed listing, which does not contain protected information. At the request of
The Energy Regulatory Office is the person that the protection of these
the facts testify to the required next to the instrument containing such
fact, i submit the instruments from which such facts
removed, or the purchase of such documents in sufficient detail
an elevator that does not contain such a fact. ".
475. Article 96 shall be added to paragraph 8 and 9 shall be added:
"(8) For permission to foreign real estate, in terms of energy
equipment, as well as restrictions on their use, which is nezapisovalo according to the
the previous legislation in the public list, does not apply
the principle of priority of rights in rem in immovable property registered in the foreign
the public list before a material right, which is not a public list
the obvious. In the case of such permission to foreign property to the
the public list in determining the order based on the time when the
such permission to foreign property was founded.
(9) the permission to foreign real estate, as well as the limitations of their use
created by previous legislation or of the easement arising
under this Act, the holder of the licence is transferred to the new operating
the system, equipment or part thereof to which the
permissions apply. ".
476. In section 96, the following paragraph 10 is added:
"(10) Who takes ownership of the property to which it relates
permission to foreign real estate, which was established on the basis of the law,
assumes the duties corresponding to this permission. ".
477. In paragraph 96d. 1 (a). (b)), the words "§ 10 (1). 7 or section 12, paragraph. 7 "
replaced by the words "section 12 paragraph. 1. "
478. In section 97a at the end of paragraph 3 the following sentence "this does not apply in
the cases referred to in § 25 paragraph. 12 or under section 59 paragraph. 9. ".
479. In section 97a paragraph 4 is added:
"(4) if the licensee does not submit to the Energy Regulatory Office to
approval of the proposal of the order within the time limit laid down in this law, or within the time limit
in accordance with paragraph 3 and to the cases referred to in § 25 paragraph. 12 or under section
paragraph 59. 9, the Energy Regulatory Office shall invite the holder of the licence to its
submission and shall fix a reasonable time limit. After the expiry of the
set out in the invitation the Energy Regulatory Office shall initiate the procedure for the determination of the
of the order. ".
480. Article 98, paragraph 13, including the footnote No. 19 is repealed.
481. In section 98a of paragraph 1. 1 (a). and the word) "determination" is the word
"above", after the word "compensation" are added after the words "actual" and
the word "damage", the words "and the method of determining the amount of compensation,
If you cannot find out the actual damage ".
482. In section 98a of paragraph 1. 1 (c)):
"(c)) ways of making the balance of the gas system, the procedures for monitoring
capacity and performance in the gas system and the terms and scope of the information, including
the technical-operational data transmitted to the participants in the gas market
the market operator and the Ministry responsible for the formation of a balance, strategies and
capacity and performance monitoring in the gas system ".
483. In section 98a of paragraph 1. 1 letter e) is added:
"e) of the measures and procedures carried out in emergency prevention,
a State of emergency and a State of emergency in the aftermath of the announcement, the way
a State of emergency and a State of emergency prevention and notification procedures for
reduction of electricity production, electricity, gas and heat, including
regulatory, the power and the frequency plan, safety standard
the supply of gas and the content requirements of emergency plans,
How to ensure the safety of gas, content elements
the supporting documents for the processing of the plan of preventive measures and plan for the State of
emergency by directly applicable European Union regulation and terms for
send them to the Ministry. "
484. In section 98a of paragraph 1. 1 the letter g) is added:
"(g)) the scope and terms of the transmission of data on the supply of heat energy
suppliers of thermal energy from a set of gauges according to the law on the
Metrology, or data from a device for the distribution of the costs of heating and
other data necessary for the distribution of the costs of heating and supply
hot water and a way of dividing the costs for the supply of heat energy in the
a common measurement of the quantity of heat energy for more
offtake points or, in the case of the sampling sites are supplied with
the thermal energy of objects or parts of objects of different owners who
concluded contract for the supply of heat energy, and when there is no agreement on the
the method of apportionment of costs ".
485. In section 98a of paragraph 1. 2 (c)):
"(c)) the quality of supplies and services in the electricity sector and
the gas industry, the amount of compensation for its failure to comply with, the procedures and time limits for
a claim for compensation, the procedures and time limits for the publication and
reporting compliance with quality of supply and services ".
486. In section 98a of paragraph 1. 2 (f)):
"(f)) way to price regulation in the energy sectors, procedures for the regulation of
the prices and the terms and scope of the data transmitted to the holder of the license for the
a decision on the prices, determination of limit prices for benefits in streamlining the prices in
heating plants, the preparation and implementation of programmes to increase energy
efficiency, support and monitor energy services and other measures
to increase energy efficiency. "
487. In section 98a of paragraph 1. 2 (a). (h)), paragraph 4, the words "other services"
shall be deleted.
488. In section 98a of paragraph 1. 2 (a). h) point 6 shall be deleted.
Points 7 and 12 shall become points 6 to 11.
489. In section 98a of paragraph 1. 2 (a). h) point 6 shall be replaced by the word "organization"
the words "rules of the Organization".
490. In the second subparagraph of section 98a. 2 (a). (h)) at the end of the text of paragraph 8, the words
"including registration and transfer of the sampling locations."
491. In section 98a of paragraph 1. 2 (a). h) point 11 is added:
"11. the composition of the price of the services of the transmission system, the composition of the price of services
distribution system and other regulated prices in the electricity sector and
the method and timing of the transmission of data between the participants in the electricity market for
statement of administered prices and the method and timing of billing and payment
administered prices between electricity market participants, ".
492. In section 98a of paragraph 1. 2 (a). (h)) shall be added to points 12 and 13 shall be added:
"12. the technical requirements for the operation of the verification technologies,
13. disclosure of information by the market operator, ".
493. In section 98a of paragraph 1. 2 (a). (h)), the following point 14 is added:
"14. the procedure for the determination of advance payments".
494. In section 98a of paragraph 1. 2 (a). I) point 7, the words "types of spot markets,
their organization "shall be replaced by" rules of the Organization, short-term
the markets ".
495. In section 98a of paragraph 1. 2 (a). I) at the end of the text of section 9, the words
"including registration and transfer of the sampling locations."
496. In section 98a of paragraph 1. 2 (a). I) item 12:
"12. the composition of the price of transport of gas, the price of the service
distribution system and other regulated prices in the gas sector and
the method and timing of the transmission of data between the participants in the gas market for
statement of administered prices and the method and timing of billing and payment
administered prices between the participants in the gas market, ".
497. In section 98a of paragraph 1. 2 (a). I), the following point 13 as follows:
"13. the technical requirements for the operation of the authentication technology".
498. In the second subparagraph of section 98a. 2 (a). I), the following point 14 is added:
"14. the procedure for the determination of advance payments".
499. In section 98a of paragraph 1. 2 (a). (j)) at the end of the text, the words "in the
the electricity sector and related services in the gas sector ".
500. In section 98a of paragraph 1. 2 (a). l) with the words "statutory authority" be deleted and the
the word "Council" shall be inserted the words "or of the Administrative Board".
501. In section 98a is at the end of paragraph 2, the period is replaced by a comma and the following
the letters m) up to) the following:
"m) and the breakdown of the statements necessary for the processing of messages on the
the operation of the systems in the energy sectors, including the terms, scope and
the rules for drawing up the statement,
n) elements of the reports on the quality and level of maintenance of equipment in the
electricity and gas, including the terms, scope and rules
for the compilation of reports,
on the employee card) model listed for the energy regulatory
Office. ".
502. In section 98a (3) be deleted.
503. the annex shall be added:
"Appendix to Act No. 458/2000 Coll.
The safety zone of gas devices
type of equipment: the size of the bandwidth:
(The distance from the outer edge of the campus of the stack)
out separately located 250 m wells
The probe of the stack gas (the distance from the axis of the mouth)
with the pressure to 100 bars 80 m
with the pressure of 100 bar 150 m
Pressure tanks of liquefied gases
the internal volume of the
(the distance from the outer circumference of the technological objects)
over 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 m3100 m
above 500 m3 in 1 000 m3 of 150 m
over 1 000 m3 to 3 000 m3, 200 m
over 3 000 m3 of 300 m
Uniform (the distance from the outer circumference of the technological objects)
up to 100 m3, 30 m
over 100 m3 50 m
Technological objects
(the distance from the outer circumference of the technological objects)
Gas Plnírny 100 m
Zkapalňovací of compressed gas station 100 m
Evaporating station of liquefied gases 100 m
Compressor station 200 m
High pressure regulation station of pressure level 4 to 40 bars, including 10 m
With the pressure regulation station over 40 bars, 20 m
High pressure gas pipelines and pipeline
connections on pressure level of 4 to 40 bars, including
up to DN 100, including 8 m
above DN 100 to DN 300, including 10 m
above DN 300 to DN 500 including 15 m
above DN 500 20 m
High pressure gas pipelines and pipeline
connections with the pressure of 40 bars
up to DN 100, including 8 m
above DN 100 to DN 300, including 15 m
above DN 300 to DN 500 including 70 m
above DN 500 to DN 700, including 110 m
above DN 700 160 m ".
Article. (II)
Transitional provisions
1. Protection and security zone gas devices provided for by
Act No. 458/2000 Coll., as amended effective before the date of entry into force of
This law, and previous written consents with the establishment of the construction in these
zones shall remain in force after the date of entry into force of this law.
2. The protection of electricity generation facilities provided for under Act No. 458/2000
Coll., as amended effective prior to the date of entry into force of this Act, and
previous written consents with the establishment of the construction in these protective
zones shall remain in force after the date of entry into force of this law.
3. the Government shall appoint on 1 January. August 2017 members of the Council, so that one
a member shall appoint for a term of 1 year, one Member shall be appointed by the
the term of 2 years, one Member for a term of 3 years, one
Member, for a term of 4 years and one Member for a term of 5 years.
4. The Treaty on the transit of electricity closed pursuant to Act No. 458/2000 Coll.,
in the version effective before the date of entry into force of this law, shall be deemed to
for the contract to provide the services of the transmission system in accordance with Act No.
458/2000 Coll., as amended, effective after the date of entry into force of this Act.
5. The contract for transporting gas in accordance with Act No. 458/2000 Coll., on the
the texts of the effective prior to the date of entry into force of this law, shall be deemed to
the contract for the provision of transport services in accordance with Act No. 458/2000
Coll., as amended, effective after the date of entry into force of this Act.
6. a contract for the distribution of electricity and gas distribution contract concluded
According to Act No. 458/2000 Coll., as amended effective prior to the date
the effectiveness of this law, shall be deemed a contract to provide the services
distribution system under section 50, paragraph. 6 or under section 72, paragraph. 6 of the Act
No. 458/2000 Coll., as amended, effective after the date of entry into force of this
the law.
7. a contract for the supply of electricity and gas delivery contracts concluded in accordance with
Act No. 458/2000 Coll., as amended effective before the date of entry into force of
This Act shall be deemed to contract for the supply of electricity under section 50
paragraph. 1, and the contract for the supply of gas under section 72, paragraph. 1 of Act No. 458/2000
Coll., as amended, effective after the date of entry into force of this Act.
8. the contract of associated electricity supply services and a contract of
associated gas supply services concluded according to law No. 458/2000
Coll., as amended effective prior to the date of entry into force of this law, the
It considers the Treaty on associated electricity supply services under section 50
paragraph. 2 and associated gas supply services under section 72, paragraph.
2 of Act No. 458/2000 Coll., as amended, effective after the date of entry into force of
of this law.
9. Treaty on the connection closed by Act No. 458/2000 Coll., as amended by
effective prior to the date of entry into force of this law, shall be deemed to
a contract on connection according to § 50 paragraph. 3 or under section 72, paragraph. 3 of the law
No. 458/2000 Coll., as amended, effective after the date of entry into force of this
the law.
10. If it is not in the contract on distribution of electricity contracted pursuant to § 50 paragraph.
6 of Act No. 458/2000 Coll., as amended effective before the date of entry into force of
This law, contained in the arrangement of the value of the reserved power in
the supply or delivery point, it becomes the date of entry into force of this
part of the commitment of the Act referred to in the Treaty, on the arrangements for the distribution of electricity
the value of the reserved power of the negotiated for sampling or
a pass-through connection instead of a treaty negotiated under section 50, paragraph. 3
Act No. 458/2000 Coll., as amended effective before the date of entry into force of
This Act, or if the contract is not agreed, the connection of
the value of the reserved power agreed in the contract between the operator of
distribution system and by the applicant on the connection, the object of which was the
power supply the place of reservation, negotiated in accordance with the legislation of the
effective prior to the date of entry into force of Act No. 458/2000 Coll. on
the contract for distribution of electricity contracted pursuant to § 50 paragraph. 6 Act No.
458/2000 Coll., as amended effective prior to the date of entry into force of this
the law, contained in the arrangement of the value of the reserved power supply
or place of delivery in other than agreed in the contract in the amount of
connection according to § 50 paragraph. 3 of Act No. 458/2000 Coll., as amended effective
before the date of entry into force of this Act, or in any other contract agreed
between the distribution system operator and the applicant for connection according to the
effective legislation before the date of entry into force of law No.
458/2000 Coll., the first sentence shall apply mutatis mutandis.
11. License to transfer electricity, gas transport, distribution of electricity,
distribution of gas, gas storage, distribution of thermal energy and activity
According to Act No. 458/2000 Coll., as amended effective prior to the date
the effectiveness of this law, shall be construed as a licence for the transmission of electricity,
gas transport, distribution of electricity, gas distribution, warehousing
gas, distribution of thermal energy and the market operator's activities granted on time
an indefinite period in accordance with Act No. 458/2000 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act.
12. the manufacturer of the gas, the transmission system operator, an operator
the distribution system operator shall draw up and stack gas handouts
for the processing of the plan of preventive measures and the plan for an emergency
under section 57, paragraph. 8 (a). about), § 58 paragraph. 8 (a). BB), § 59, paragraph. 8 (a).
(b)) and section 60 paragraph. 8 (a). t) Act No. 458/2000 Coll., as amended effective from
date of entry into force of this Act, and shall send it to the Ministry within 6 months
After the date of entry into force of this Act. Gas trader shall draw up
basis for risk analysis in accordance with § 61 paragraph. 2 (a). n) of law No.
458/2000 Coll., as amended, effective from the date of entry into force of this Act, and
send them to the Ministry within 6 months after the date of entry into force of this
the law.
PART THE SECOND
The amendment to the law on the Organization and implementation of social security
Article. (III)
In section 36 (b). ZC) Act No. 582/1991 Coll., on the Organization and implementation of the
social security, as amended by law No 158/2009 Coll., the word
"President" is replaced by "members of the Council".
PART THE THIRD
Amendment of the Act on social security
Article. (IV)
In section 3, paragraph 3. 1 (a). (b) point 8) of Act No. 589/1992 Coll., on insurance on
social security, as amended by law No. 458/2011 Coll., the word
"Chairman" shall be replaced by the words "members of the Council".
PART THE FOURTH
Amendment of the Act on pension insurance
Article. In
In section 5 (3). 1 (a). I) Act No. 155/1995 Coll., on pension insurance,
as amended by law No 158/2009 Coll., the word "Chairman" shall be replaced by the words
"members of the Council".
PART THE FIFTH
The amendment to the law on supervision in the field of capital market
Article. (VI)
In section 26 of Act No. 15/1998 Coll., on surveillance in the capital market and on the
change and the addition of other laws, as amended by law No 308/2002 Sb.
Act No. 257/2004 Coll., Act No. 381/2005 Coll., Act No. 57/2006 Coll.
Act No. 70/2006 Coll., Act No. 296/2007 Coll., Act No. 230/2008 Coll.,
Act No. 160/2010 Coll., Act No. 37/2012 Coll. and Act No. 303/2013 Sb.
at the end of paragraph 2 is replaced by a comma and dot the following point (j)),
that including a footnote No. 37:
"j) Energy regulatory authority and the Office for the protection of
under the legislation governing business in energy
^ 37) sectors.
37) European Parliament and Council Regulation (EU) no 1227/2011 from 25 June.
October 2011 on the integrity and transparency of the wholesale market
energy.
Act No. 458/2000 Coll., on conditions for business and public administration
in the energy sectors and on the amendment of certain laws (energy
Act), as amended. ".
PART SIX
Amendment of the Act on emergency oil stocks
Article. (VII)
Law No. 189/1999 Coll., on emergency stocks of oil, about the status of the oil solution
emergency and amending certain related laws (the law on emergency
stocks of crude oil), as amended by Act No. 560/2004 Coll., Act No. 281/2009 Sb.
and Act No. 161/2013 Coll., is hereby amended as follows:
1. In section 1a is at the end of the text of the letter e), the words "of
interconnected set of pipes, shafts and armaturních
related objects, including the system corrosion
protection, control and security equipment and devices for the transmission of information
for the activities of computing and information systems ".
2. In section 1a of the text at the end of subparagraph (f)), the words "of
interconnected set of pipes, shafts and armaturních
related objects, including the system corrosion
protection, control and security equipment and devices for the transmission of information
for the activities of computing and information systems ".
3. In section 3, paragraph 2, including the footnote No 2:
"(3.2 storage facilities, pipelines, and oil pipelines are set up and
operated in the public interest) ^ 2.
2) Law No. 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended. ".
4. In section 3, at the end of paragraph 3 the following sentence "protection zone
the storage device, and Ethylbenzene pipeline shall cease its permanent
disposal or removal of the construction; in doubt as to whether the
the protection zone were lost, at the request of the landowner decides or
the construction of protection zone Management concerned. ".
5. In section 3, paragraph 4 is added:
"(4) in the protection zone, a storage facility and a pipeline of Ethylbenzene and
outside them is each obliged to refrain from acts which could damage
produktovod, pipeline or storage facility or restrict or compromise the
their safe and reliable operation, and all the activities must be
carried out so as to avoid damage to the storage device,
Ethylbenzene or pipeline. ".
6. In section 3, the following paragraph 4 shall be inserted after paragraph 5 to 11, including the
footnotes 12 and 13:
"(5) the operator of a pipeline of Ethylbenzene or maintains in the forest
the intersections at your own expense free strip of land with a width of 2 m on both
parties from the axis of Ethylbenzene or pipeline or a custom telecommunications
the network; the owners or users of the property concerned are obliged to them
This activity allow.
(6) the planting of perennial crops of seasoning in greater depth than the 20 cm
above the surface of Ethylbenzene pipeline or within a distance of 2 m on both
parties from the axis of Ethylbenzene or pipeline or a custom telecommunications
the network can only be based on the consent of the operator or of Ethylbenzene
the pipeline.
(7) if the technical and security conditions allow and if no
threat to life, health, safety or property of persons or the environment
environment the natural or legal person responsible for the storage device
or produktovod, or written consent shall be granted pipeline construction
activities, placement of buildings, earth moving, setting up and
storage of material storage facility within the protection zone,
Ethylbenzene or pipeline. Consent shall contain the conditions under which
He was granted.
(8) the operator of the storage facility, Ethylbenzene, or pipeline has
the right to
and) in accordance with a special law ^ 2) to set up and operate the
foreign real estate, storage facilities, pipelines, or pipelines,
(b)) and enter on foreign property in the context of the creation
and operation of the storage facilities, pipelines, or pipelines;
Enter and drive in accordance with the specific provisions in the perimeter of the track and
enter into real estate, where are located the special equipment
telecommunications, to the extent and in the manner necessary for the performance of activities
storage system operator, Ethylbenzene, or pipeline
(c)) 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 storage facilities, pipelines, or
in cases where the pipelines so after prior notification and determination
the range has not made himself the owner or user of the
.
(9) in the cases referred to in paragraphs 5 and 8 of the operator
storage of equipment or pipeline of Ethylbenzene or obliged to what
most rights owners concerned real estate saving and input to their
real estate announce them. After the end of the work is obliged to indicate real estate
to its original state or, if this is not possible with regard to the nature of the
of work performed, to the State of the corresponding previous purpose or use
the property concerned and notify the owner immediately
real estate and replace damage. After the implementation of the removal or
curtailing the trees is obliged at their own expense to
resulting from slash and debris after extraction.
(10) if the owner or lessee of the property as a result of the performance of
rights of the storage system operator, Ethylbenzene, or pipeline
pursuant to paragraph 8 (a). (b)), and (c)) or if it is limited, in the usual
the use of real property as a result of the exercise of the rights referred to in paragraph 8 (a). and)
(c)), has the right to a reasonable one-time compensation ^ 5).
(11) the storage system Operator, Ethylbenzene, or the pipeline is
shall be obliged to establish an easement to allow use of the foreign real estate or
part of it for the purposes specified in paragraph 8 (a). and), and it contracted with
the owner of the property; in the event that the owner is not known or specified
or because it is proven to be unreachable or idle or not
to an agreement with him and, if the conditions for restriction of ownership rights to
land or building under special legislation, the competent
the Office shall decide on the proposal from the expropriation of the operator of the storage
the device, or on the establishment of Ethylbenzene pipeline easement
allowing the use of the property or a part thereof. ".
Paragraphs 5 to 9 shall be renumbered as paragraphs 12 to 16.
7. In section 3, paragraph 3. 15 the number "7" is replaced by "14".
8. In section 3a, paragraph. 5 (a). and), the word "undertaking" shall be replaced by the words
"the business of race".
9. In section 3a, paragraph. 5 (a). (b)), the words "operating business"
replaced by the words "stopped the operation of the business of race" and the words
"their business" shall be replaced by the words "termination of the operation
the business of the race ".
10. In section 5 (3). 1 with the number "9" shall be replaced by the number "16".
Article. (VIII)
Transitional provisions
1. The foreign rights to immovable things, as well as restrictions on their use,
that is nezapisovalo under the previous legislation in the public
the list does not apply the principle of priority of rights in rem to foreign real
things in the public list before a material right, which is not from the
the public list. In the case of such permissions to foreign
real things to the public in determining its list order
comes from the time when such permission to foreign real things
It was founded.
2. who takes ownership of immovable things, to which it relates
permission to foreign real things, which was founded on the basis of the law,
assumes the duties corresponding to this permission.
3. Permission to foreign real things, as well as the limitations of their use
created by previous legislation or of the easement arising
According to this law passes to the new operator of the operating
appropriate storage facilities, produktovod or pipeline, or their
part, to which the permissions apply.
PART SEVEN
The amendment to the law on the collection of laws and the Collection of international treaties
Article. (IX)
In section 4 of Act No. 309/1999 Coll., on the collection of laws and the Collection of international
the contracts, with the words "administrative authority", the words ", the President of the Council
The Energy Regulatory Office ".
PART EIGHT
Amendment of the Act on energy management
Article. X
Act No. 406/2000 Coll., on the management of energy, as amended by Act No.
359/2003 Coll., Act No. 695/2004 Coll., Act No. 180/2005 Coll., Act No.
177/2006 Coll., Act No. 186/2006 Coll., Act No. 214/2006 Coll., Act No.
574/2006 Coll., Act No. 393/2007 Coll., Act No. 124/2008 Coll., Act No.
223/2009 Coll., Act No. 299/2011 Coll., Act No. 53/2012 Coll., Act No.
165/2012 Coll., Act No. 318/2012 Coll., Act No. 310/2013 Coll. and act
No 103/2015 Coll., is hereby amended as follows:
1. In section 12a paragraph. 2 (a). (f)), and (g)), the words "§ 94 paragraph. 2 (a). c), (d))
or (e)) of the Energy Act "shall be replaced by the words" § 13 paragraph. 2 (a). (c)),
d) or (e)) ".
2. In section 12b of paragraph 1. 4, the words "the State Energy inspection ^ 7a)" shall be replaced by
the words "the State Energy inspection".
Footnote 7a is hereby repealed.
3. In section 13a, paragraph. 1, the words "the special law regulates the ^ 2)" shall be replaced by
the words "performed by the State Energy inspection".
4. Behind the head in the following title VI, including the title:
' TITLE VI
THE STATE ENERGY INSPECTION
§ 13b
(1) the State Energy inspection is the Administrative Office is located in Prague.
(2) the State Energy inspection is subordinate to the Ministry and to be broken down to
the Central Inspectorate and regional inspectorates. The territorial inspectorates have
This headquarters
and) in Prague with the competencies for the capital city of Prague and Central Bohemia,
(b)) in the České Budějovice with the competencies for the region of South Bohemia,
(c)) in Pilsen with the competencies for the Plzeň and Karlovy Vary region,
(d)) in Ústí nad Labem Ústí region with responsibilities for,
(e)) in Liberec with the competencies for the Liberec region,
(f)) in Hradec Králové, Hradec Králové, and scope for, and Pardubice region
(g)) in Brno with the competencies for the South Moravia and Vysočina region,
(h)) in Olomouc with jurisdiction for the Olomouc region,
I) in Zlín with the competencies for the Zlín region,
j) in Ostrava, Moravian-Silesian region with powers for.
(3) the 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, which controls the Central Manager. The selection,
the appointment and dismissal of the Director and the Central shall be governed by the law of
the civil service.
§ 13 c
(1) the State Energy inspection is authorised to
and require a written proposal of measures) and to eliminate the
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 programme comply with the conditions and
the purpose of the grant, provided
(d)) to verify the energy savings resulting from the energy services and other
measures to increase the efficiency of energy use, including existing
national measures to increase the efficiency of use of energy,
(e)) to pass information to market participants about the mechanisms to increase
the effectiveness of the use of energy and their financial and administrative frameworks,
(f)) require persons liable under this Act, the information needed to
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 by this law or
directly applicable provisions governing the Union's ecodesign requirements and the
on the labels. In this context, the State energy
the inspection shall be entitled to
and to request from the controlled) individuals with all the information needed to
the assessment of the compliance of products with energy related requirements
This law or directly applicable regulations governing the Union
ecodesign requirements and on the labels,
(b)) to take over the load of the controlled persons necessary samples of products
energy related to the assessment of whether these products meet
the requirements of this Act or the regulations directly applicable Union
governing the requirements for ecodesign and on energy labels,
(c)) or the analyses analyses to verify whether
products associated with the consumption of energy satisfies the requirements of this Act or
directly applicable regulations governing the Union's ecodesign requirements and the
on the labels; perform these analyses, provides for
the competent authorities or persons; If it was found that the product analysis
does not meet the requirements of this Act or the regulations directly applicable Union
governing the requirements for ecodesign and on energy labels, shall be borne by
the cost of the implementation analysis of the controlled person,
(d) the controlled persons) to save to the specified time limit removed
weaknesses, their causes and harmful effects or to
implement without delay the measures necessary to regularize the situation,
e) require restrictions or prohibitions on the placing on the market, putting into service or
the distribution of the product associated with the consumption of energy, until it is
removed illegal status,
(f) require the download of the product) being associated with the consumption of
energy from the market; at the same time may require the State Energy inspection
destruction of the product associated with the consumption of energy or require its
depreciation,
g) announce the measures taken pursuant to points (e) and (f))) of the European
the Commission and the other Member States of the European Union.
(3) the State Energy inspection collects and evaluates the comments
consumers, and other interested parties regarding the conformity of the products
related to energy consumption.
(4) If the State Energy inspection launches control on the proposal for a
the Ministry or the Energy Regulatory Office shall be
familiarize yourself with the results of the investigation.
(5) the decision in the first instance shall be issued by the territorial Inspectorate. On the appeal
against the decision of the territorial Inspectorate shall be decided by the Central
Inspectorate. ".
Title VI becomes title VII.
PART NINE
The amendment to the Employment Act
Article. XI
In § 25 paragraph. 1 (a). n) Act No. 435/2004 Coll., on employment, in the
the text of the law No 181/2007 Coll., the Act No. 261/2007 Coll. and Act No.
158/2009 Coll., the word "Chairman" shall be replaced by the words "a member of the Council".
PART TEN
The amendment to the law on conflict of interests
Article. XII
In section 2 (2). 1 (a). (g)) of Act No. 159/2006 Coll. on conflicts of interest in the text of the
Law No 158/2009 Coll., the word "President" is replaced by "member of the
The Council ".
PART ELEVEN
Amendment of the Act on sickness insurance
Article. XIII
In section 5 (a). and point 10 of the law) no 187/2006 Coll., on sickness insurance,
as amended by law No 181/2007 Coll. and Act No. 158/2009 Coll., the word
"Chairman" shall be replaced by the words "members of the Council".
PART OF THE TWELFTH
Amendment of the Act on the stabilization of public budgets
Article. XIV
Act No. 261/2007 Coll. on the stabilization of public budgets, in the text of the
Act No. 2/2009 Coll., Act No. 206/2009 Coll., Act No. 281/2009 Sb.
Act No. 282/2009 Coll., Act No. 292/2009 Coll., Act No. 199/2010 Sb.
Act No. 329/2011 Coll., Act No. 366/2011 Coll., Act No. 420/2011 Sb.
Act No. 167/2012 Coll., Act No. 463/2012 Coll., Act No. 313/2013 Sb.
legal measures the Senate no 340/2013 Coll., legal measures the Senate No.
344/2013 Coll. and Act No. 182/2014 Sb, is hereby amended as follows:
1. In the part of the forty-fifth article. LXXII § 12, the word "production"
the words "and the acquisition of the gas market operator".
2. in part forty-seventh article. LXXIV § 2 (2). 1, point (d)) shall be deleted.
Subparagraph (e)) and i) are renumbered as subparagraph (d)) to (h)).
3. in part forty-seventh article. § 8 paragraph LXXIV. 1, letter a) is repealed.
The former subparagraph (b)) and (c)) shall become letters and) and (b)).
PART THIRTEEN
Change the law about energy sources
Article. XV
Law No. 165/2012 Coll., on supported energy sources and amending
certain acts, as amended by law no 407/2012 Coll., Act No. 310/2013
Coll. and Act No. 90/2014 Sb, is hereby amended as follows:
1. Footnote 1 is added:
"1) European Parliament and Council Directive 2009/28/EC of 23 December 2003. April
2009 on the promotion of the use of energy from renewable sources and amending and
the subsequent repeal of directives 2001/77/EC and 2003/30/EC.
Directive of the European Parliament and of the Council of 2012/27/EU of 25 June. October 2012
on energy efficiency, amending directives 2009/125/EC and 2010/30/EU and
repeal of directives 2004/8/EC and 2006/32/EC ".
2. In article 1 (1). 1 (a). and), the words "heat and biometanu" are replaced by
the words "and" and the words "the heat, the combined production of electricity and high-performance
heat and decentralised electricity production "shall be replaced by the words" and
high-performance of combined production of electricity and heat. "
3. In section 1 (1). 1 at the end of the text of subparagraph (c)), the words "and of the
high-performance of combined production of electricity and heat. "
4. In section 1 (1). 1 (a). e), the words "to cover the costs associated with the
support "shall be deleted and the words" heat from renewable sources, decentralised
the production of electricity, biometanu "shall be replaced by the words" and the heat from the
renewable resources ".
5. In section 1 (1). 2 (a). and the words "), high-performance cogeneration
electricity and heat, and decentralised electricity production biometanu "shall be replaced by
the words "and the high performance of the combined production of electricity and heat."
6. In section 2 of the letter h) is added:
"h) useful heat heat produced in a cogeneration process
electricity and heat to satisfy the demand for heat and cooling, which
does not exceed the needs for heat or cooling and which would be for the market
the conditions met by energy generation processes other than cogeneration
production of electricity and heat, ".
7. In section 2, letter k) repealed.
Letters l) to y) are known as letters) to x).
8. In section 2, point l) repealed.
Letters m) up to x) is referred to as the letter l) to w).
9. In section 2, the letter n) repealed.
Letters about) to w) are referred to as the letters n) up in).
10. In section 2, the letter o) repealed.
Letters p) up in) are known as letters of) up to u).
11. In section 2, the letter r) repealed.
Letters with) to u) are referred to as the letters r) to t).
12. In section 2, at the end of the letter t) dot is replaced by a comma and the following
the letters u and v)) are added:
"for your own electricity consumption) technological consumption
energy for electricity production in the main production equipment and auxiliary
the premises, which are directly associated with the production of electricity, including the production,
conversion or modification of the fuel, losses in divorce and the loss of consumption
zvyšovacích transformers production plants of electricity for delivery to
distribution system operator or a transmission system,
in the effective supply system thermal) energy supply system
thermal energy, in which, during the preceding calendar year
shipped at least 50% of heat from renewable sources, 50% of the heat from the
secondary sources, 75% of the heat from the combined production of heat and electricity
or 50% of the heat from a combination of these options. ".
13. In section 3, at the end of paragraph 1, the following sentence "the national plan of action may
also include the projected value of energy produced and for more information
for each type of other supported resources. ".
14. In section 3, at the end of paragraph 2 the following sentence "for the purposes of reporting
fulfilling the mandatory targets, the share of energy from renewable sources in
gross final consumption of energy in transport, the share of biofuels ^ 22)
produced from wastes, residues, non-food cellulosic material, and
ligno considered dual over other
biofuels. ".
Footnote No 22:
"22) Law No 311/2006 Coll., on motor fuel and petrol stations
fuel and amending certain related laws (the law on the
motor fuel), as amended. ".
15. In section 3, paragraph 3. 5, after the word "Ministry", the words "in the message
on the progress made in the promotion and use of energy from renewable sources ".
16. In section 4, at the end of paragraph 1, the following sentence "Removes the manufacturer to
cover the technological consumption electricity from the transmission or
the distribution system or from other production plants of electricity, is the subject of
aid in the amount of electricity the exposures measured in the delivery place of the production plants
of electricity and reduced the amount of electricity taken for technological
own consumption. ".
17. In section 4, paragraph 4. 6 at the end of subparagraph (a)) the word "or" is deleted.
18. In section 4, the dot at the end of paragraph 6 shall be replaced by a comma, the following
subparagraph (d)) and e) are added:
"(d)) made by the manufacturer of electricity from renewable energy sources, which does not comply with
one of the obligations according to § 11a paragraph. 1, 2, or 4, or fail to comply with
obligation to the market operator under § 11a paragraph. 6. 7 (b). and)
8 or 9, or
(e)) the measuring device measured that
1. the measured values recorded incorrectly so that there was a benefit
the manufacturer, 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 data on the actual measured value
changed, or
2. measurement errors in favor of the producer and where it was either
broken hedge against tampering or intervention has been demonstrated
in a measuring device. "
19. In section 4, paragraph 4. 11, after the words "the village", the words "or municipalities" and on the
the end of the text of paragraph 11, the words "or in the ownership of the region
According to the law of the regions ".
20. In section 4, paragraph 4. 12 at the end of the following sentence "way of determining the main
the subject of activity of the agricultural production and the method of keeping the list of manufacturers with
the main subject of activity of the agricultural production laid down detailed legal
prescription. ".
21. In section 5, at the end of paragraph 1, the following sentence "Removes the manufacturer to
cover the technological consumption electricity from the transmission or
the distribution system or from other production plants of electricity, is the subject of
aid in the amount of electricity the exposures measured in the delivery place of the production plants
of electricity and reduced the amount of electricity taken for technological
own consumption. ".
22. In section 5 paragraph 6 is added:
"(6) the promotion of electricity produced from secondary sources does not apply to electricity
and from secondary sources) in the case of unauthorized supply of electricity to the
the electricity system in accordance with other legislation ^ 8),
(b)) made by the manufacturer of electricity from sources that fail to comply with
one of the obligations according to § 11a paragraph. 1 or 4, or fail to comply with
obligation to the market operator under § 11a paragraph. 6, or paragraph. 7 (b).
and), or
(c) the measuring device measured), which
1. the measured values recorded incorrectly so that there was a benefit
the manufacturer, 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 data on the actual measured value
changed, or
2. measurement errors in favor of the producer and where it was either
broken hedge against tampering or intervention has been demonstrated
in a measuring device. "
23. In section 5 (3). 8, after the word "village", the words "or municipalities" and on the
the end of the text of paragraph 8, the words "or in the ownership of the region
According to the law of the regions ".
24. In § 6 paragraph 1 reads:
"(1) for the purpose of fixing the aid of electricity from high-performance combined
production of electricity and heat referred to in this Act is the electricity of the
high-performance combined electricity and heat production electricity shall be deemed
produced in a common process linked to the delivery of useful heat in
the device, on which the Ministry issued certificates of origin of electricity from
high-performance of combined production of electricity and heat, whose production
achieves primary energy savings of at least 10% compared to separate
the production of electricity and heat. In the case of devices with installed electrical
the performance of less than 1 MW for electricity from high performance combined
production of electricity and heat, electricity, which considers the production of
achieves positive values of primary energy savings. How to calculate savings
primary energy lays down implementing legislation. ".
25. In section 6 paragraph 4 is added:
"(4) the promotion of electricity from combined production of electricity and high-performance
the heat will not apply to electricity
and high-performance cogeneration) of electricity and heat in the case of
unauthorized supply of electricity into the electricity system under different
the law ^ 8),
(b)) made by the manufacturer of the high-performance cogeneration electricity
electricity and heat, which fails to meet any of the requirements under section 11a
paragraph. 3, or fails to comply with the obligation to the market operator under § 11a paragraph.
7 (b). and), or
(c) the measuring device measured), which
1. the measured values recorded incorrectly so that there was a benefit
the manufacturer, 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 data on the actual measured value
changed, or
2. measurement errors in favor of the producer and where it was either
broken hedge against tampering or intervention has been demonstrated
in a measuring device. "
26. In section 6 (1). 6, after the word "village", the words "or municipalities" and on the
the end of the text of paragraph 6 shall be added the words "or in the ownership of the region
According to the law of the regions ".
27. In section 6 (1). 8 at the end of the following sentence "way of determining the main
the subject of activity of the agricultural production and the method of keeping the list of manufacturers with
the main subject of activity of the agricultural production laid down detailed legal
prescription. ".
28. In section 7, paragraph 4 is added:
"(4) a manufacturer who uses the fuel for electricity production from biomass,
bioliquids or biogas, is obliged to keep the documents and records of the
the fuel used for a period of 5 years and make available to the Authority on request,
the Ministry and the operator market. ".
29. In section 7 (2). 5, after the word "Producer", the words "fuel,
the fuel supplier "for the word" keep "with the words" full and
the true ", and the words" Ministry, the market operator and the State energy
the inspection "shall be replaced by the words" the Ministry and the market operator ".
30. In section 7, the following paragraphs 7 and 8, including footnotes
No 23:
"(7) the documents concerning the investment and operating costs, production plants,
that is required to store the manufacturer under other legislation ^ 23),
is obliged to keep even after the time limit set by the law in the
If that is the beneficiary under this Act, and all the
the duration of rights and support for the following 5 years and on
submit to the Office upon request. When the change of ownership is the transferor or
the legal predecessor shall be obliged to forward to the transferee or assignee
the documents referred to in the first sentence, or copies.
(8) the manufacturer is obliged to communicate to the market operator the amount of investment
the costs associated with putting into operation the production plants and the amount of non-refundable
investment aid from public funds without undue delay after the
the registration of the selected forms of support.
for example, law No 23) 563/1991 Coll., on accounting, as amended,
regulations. ".
31. In section 8 shall at the end of paragraph 4, the following sentence "the support of electricity
You cannot choose the form of feed-in tariffs for electricity, which are
connected to the electricity grid through other production plants
electricity, or if it is connected through one of the sampling
the place of more electricity production. ".
32. In section 9 (2). 6 the first sentence, the words "the values of ^ 12) produced electricity"
replaced by the words "the values of ^ 12) under section 11a", the words "§ 11 (1). 6 "
replaced by the words "§ 11a paragraph. 4 "and the words" the electricity produced "behind the words
"computed values" are deleted.
33. In section 9 (2). 6, the second sentence shall be deleted.
34. In section 10, paragraph 1. 3, the words "in the delivery place of the production plants of electricity and
distribution system operator or a transmission system, and "shall be replaced by" referred to in
section 11a ".
35. In the heading of section 11, the words ", purchase and registration of production" be replaced by
the words "and the buyout."
36. In section 11, paragraphs 4 to 8 are deleted.
Paragraphs 9 to 12 are renumbered as paragraphs 4 to 7.
37. In section 11 (1). 7, after the words "electricity from renewable energy sources"
the words "in the hour mode."
38. In section 11, the following paragraph 9 shall be added:
"(8) in the case of support in the hour mode, the green bonus according to
paragraph 7, when it reached higher hourly rates than purchase price
determined by the authority, the manufacturer is obliged to pay the difference between the hourly
the price and the redemption price of the market operator. The method and procedure for determining the
the difference between the hourly price and the redemption price and the payment of the operator
market lays down detailed legal prescription.
(9) in the case of support in the hour mode, the green bonus, when it is
achieved higher hourly rates than the purchase price laid down by the authority,
entitled the green bonus does not arise. "
39. under section 11 is added to § 11a, which including the title:
"§ 11a
The measurement and registration of electricity from renewable sources, secondary sources, and
high-performance of combined production of electricity and heat
(1) the manufacturer shall at their own expense to measure
and place) for the consumption of electricity produced by technological
electricity produced separately from each type of renewable resources, or from
the secondary sources provided for by the law on metrology of the meter, or
(b)) before the place made the technology your own electricity consumption
electricity produced separately from each type of renewable resources, or from
secondary sources, as well as to measure separately the technological custom
electricity consumption as laid down by the law on metrology of the meter.
The obligation referred to in the previous sentence under letters) and (b)) shall not apply to
cases where measurement ensures the transmission system operator or
the distribution system operator, or when the manufacturer calculates the produced
the amount of electricity from renewable energy sources or secondary sources according to the
of paragraph 4. Measurement technology with its own electricity consumption
not required for the generation of electricity with an installed power up to 10 kWe.
(2) the producer of electricity from renewable resources, which support
electricity in the hour mode, the green bonus on electricity and on
electricity, which has not been delivered to the distribution system, or
the transmission system operator shall measure the electricity with a watch
progress of production of electricity from renewable resources as laid down by the meter
under the law on metrology, and in a way that provides for other legal
prescription ^ 12).
(3) a producer of electricity from combined production of electricity and high-performance
heat is required to measure the quantity of electricity produced at the terminals
generator, useful heat and fuel consumed to the extent and in the manner
According to the implementing legislation.
(4) the manufacturer, which produces electricity from renewable energy sources or
secondary sources together with electricity from non-renewable resources, is
required to measure the electricity laid down the meter under the law on
Metrology, or calculate the quantity of electricity from renewable
sources or secondary sources in a manner which lays down detailed legal
prescription.
(5) the manufacturer is also required to
and) maintained and operated measuring equipment referred to in paragraphs 1, 2 and 4 with
a valid verification in accordance with the law on metrology,
(b)), to refrain from any undue interference in the hedge against
unauthorized handling or measuring equipment referred to in paragraphs 1 to 4
or to its component parts, or accessories.
(6) a manufacturer who produces electricity common combustion of renewable
resources and non-renewable energy source, is obliged in a way that provides for the
the implementing legislation, have the market operator and also on request
The Office and the Ministry of
and especially the amount of electricity) from renewable resources and non-renewable energy
resources,
(b) the acquisition of the quantity) of the actual renewable source and its quality and
(c)) the actual use of all the acquired quantity of renewable resources
for the purpose of electricity production.
(7) in the case of aid in the form of green electricity to the electricity is a bonus
the manufacturer shall
and electronic form) to pass the market operator the full and true
measured or calculated values, and other data broken down by
the individual species are supported by sources and transfer sites production sites
electricity and their registration in accordance with the implementing legislation and
where appropriate, additional information, relating to the measurement of the transmitted
or calculated values; way, the scope and the term of transfer and registration
measured or calculated values of electricity and other data from
supported by the sources that use a form of support for the green bonus on
electricity lays down implementing legislation, and
(b)) to enable the market operator in writing or by a person authorized to access the
the gauge, which is used to measure the electricity produced from the supported
sources of energy.
(8) in the case of aid in the form of electricity feed-in tariffs, the manufacturer must
pass the electronic market operator the full and true information to the
operated production of electricity in a breakdown by species
renewable energy sources and lead their registration in accordance with the implementation of the legal
the prescription. The scope of the data and the date and method of transfer and registration data
lays down detailed legal prescription.
(9) in the case of aid in the form of electricity feed-in tariffs is the operator
the transmission system operator or distribution system operator shall be obliged to
pass the electronic market operator the full and true readings
the values in the delivery place of the connection to the electricity production plants operated by
the transmission system or distribution system. Way, the scope and the term of the
transfer and registration of the measured values of electricity from renewable energy sources
using a form of redemption price support lays down detailed legal
prescription. ".
40. In section 12, paragraph. 1 (a). (b)), the words ", with the exception of the production plants of electricity from
renewable energy using water power to the
10 MW, "and are deleted at the end of subparagraph (b)), the following words"; for
reconstruction or modernisation shall not repair or maintenance of production plants
electricity according to the requirements of the production plants caused by legal editing
the legislation ".
41. In section 12, paragraph. 1 (a). (c)), the words "paragraph. 9 "shall be replaced by the words ' paragraph 4 '.
4 "and the words" paragraph. 10 "shall be replaced by the words ' paragraph 4 '. 5. "
42. In article 12, paragraph 6 shall be deleted.
Paragraphs 7 to 9 shall be renumbered 6 to 8.
43. In article 12, paragraph 7 shall be deleted.
The present paragraph 8 shall become paragraph 7.
44. In section 13 (3). 1 the first sentence, the words "price to cover the costs
associated with the support of the electricity for the quantity of electricity in accordance with § 28 paragraph.
5 "shall be replaced by the words" folder of the distribution system and the price of the services folder
the prices of services in support of the electricity transmission system in the amount of which is
shall charge the operator of regional distribution system or
the transmission system operator referred to in section 28.
45. In section 13 (3). 1 the second sentence, the words "price to cover the costs
support of electricity ' shall be replaced by the words "the folder service prices
folders and distribution system, the transmission system on the price of the service support
"and after the words" regional distribution system "
the words "and between the operators of distribution networks".
46. In section 13 (3). 4, the words "the electricity produced" be replaced by "referred to in
section 11a ".
47. In section 24, paragraph. 3, after the words "on heat", the words "produced from
supported by biomass, for which the support of electricity under section
4 (4). 5 (a). and biokapalin) that meet sustainability criteria
provided for by the implementing legislation in the manufacturing of heat with a nominal
the heat output of more than 200 kW or from geothermal energy in the
installations with a nominal heat output of more than 200 kW "and the words
"renewable" shall be deleted.
48. In section 24 paragraph 4 is added:
"(4) the operating aid heat refers to the useful heat from the production sites
the heat, which are located on the territory of the Czech Republic and which meet the
the minimum efficiency of use of energy provided for implementing the legal
Regulation and which have installed electric power to 500 kW and use
biogas resulting from more than 70% of the manure, and incidental
livestock products or biodegradable waste. ".
49. In section 24, paragraph 6 is added:
"(6) the operating aid of heat does not apply to
and) heat produced in combined production of electricity and heat with the exception of the
heat production plants in accordance with paragraph 4 or the production plants of electricity and heat
the combined production of electricity and heat with installed electrical
power up to 7.5 MW, for which the support of electricity under section 4
paragraph. 5 (a). (b)),
(b)) heat produced in the production of heat in accordance with paragraph 4, which at the same time
the manufacturer claims the support of electricity from renewable energy sources,
c) heat produced common combustion of renewable resources
neobnovitelným source with the exception of heat produced by combustion of common
the renewable energy source with a secondary source,
(d) unauthorized delivery of thermal energy) in accordance with the Energy Act,
e) heat produced in the manufacturing of heat put into service in the period for
that the Office referred to in paragraph 7 of the operating aid of heat from renewable
resources provided
f) heat produced by a manufacturer of heat from renewable sources, which, if
the form of a public limited-liability company or similar legal form joint-stock companies,
has issued exclusively to shares, or that, if it is
a foreign person, do not submit an affidavit stating that the person is
the owners of the shares whose aggregate nominal value exceeding 10%
the capital of the manufacturer, indicating the sources from which information on
the size of the stake of shareholders,
g) heat produced by a manufacturer of heat, which fulfils the obligations provided for in § 27 of the
paragraph. 3 or fails to comply with the obligation to the market operator under section 27. 7
(a). and), or
h) heat measured measuring device, which
1. the measured values recorded incorrectly so that there was a benefit
manufacturer of heat, as a result of unauthorized intervention in this measurement
the device or its components or accessories, or have been in the measuring
the device carried out such interventions, that data on the actual measured
the value of the change, or
2. measurement errors in favor of the manufacturer of the heat and that it was either
broken hedge against tampering or intervention has been demonstrated
in a measuring device. "
50. In section 24, paragraph. 7, in all cases, the word "biomass" shall be replaced by
the words "of individual types of renewable energy" and the words "of the
renewable resources "between the words" of "and" for "are replaced by the words
"of the various kinds of renewable energy".
51. In section 24, paragraph. 8 the words "biomass" shall be replaced by the words "of the individual
types of renewable energy ".
52. In section 24, paragraph. 9, the words "(a). (e)) "shall be replaced by the words" (a). (f)) ",
the word "municipality" shall be inserted the words "or municipalities" and at the end of the text of paragraph 9
shall be added the words "or in the possession of the County under the Act on regions".
53. In section 24, the following paragraph 10 is added:
"(10) the provisions of paragraph 6 (a). (f)) does not apply to the manufacturer of heat from
renewable resources whose principal activity is the agriculture
the production. A way to specify the main subject of activity of agricultural production and
the method of keeping the list of manufacturers with main subject of activity of the agricultural
the production lays down detailed legislation. ".
54. In section 25, paragraph. 5, the word "systems" shall be replaced by the words "or" systems,
the word "existing" shall be inserted after the word "effective" and the words
"using renewable resources, which was in the previous
calendar year made more than half of the heat from renewable
resources "shall be deleted.
55. In section 25, paragraph. 7, after the word "village", the words "or municipalities" and on the
the end of the text of paragraph 7, the words "or in the ownership of the region
According to the law of the regions ".
56. In section 26, paragraph. 4, after the word "shall", the words "for
heat under section 24, paragraph. 3 ", for the words" in the amount of 50 CZK/GJ "is lifted and dot
the following words "with a regular annual increase of 2%." and at the end of
paragraph, the following sentence "the authority for heat under section 24, paragraph. 4
fixed the amount of the bonus in green on the heat price decision
the 15-year period was achieved a simple return on investment in terms of
compliance with the technical and economic parameters, which are particularly
the cost of the installed unit performance, efficiency of the use of the primary
energy content in either recoverable resources, the acquisition cost of the fuel and time
the use of equipment provided for in the implementing regulation. ".
57. In section 26 paragraph 7 is added:
"(7) Bill green bonus on heat is carried out on the basis of
measured values of the heat supplied to the distribution of the heat equipment
System thermal energy supply for heat under section 24, paragraph.
3 or on the basis of the measured values of useful heat for heat
defined in section 24, paragraph. 4 and the other data registered by the market operator
According to the implementing legislation. ".
58. In section 27. 1, after the word "shall", the words "from the manufacturer
the heat ", the words" connect plant "shall be replaced by the words" allow connections
the production plants, "and at the end of the paragraph, the following sentence" the obligation to purchase the
applies only to the amount of heat that will not jeopardise the reliable and safe
the operation of the system concerned the supply of thermal energy or part thereof
or restrict the use of renewable resources in another heat source
energy that is connected to the thermal power facilities. ".
59. In section 27. 2 of the introductory part of the provisions for the word "obligation"
the words "allow connection of production plants and heat".
60. In section 27. 2 (a). and the words "heat) according to another legal
Regulation ' shall be replaced by the words "of thermal energy by the Energy Act".
61. In section 27. 2 (b)):
"(b)) if the device is part of an effective distribution of thermal system
the supply of heat energy ".
62. In section 27. 2 (a). (d)) for the word "device", the words
"the supply of heat energy system".
63. In section 27, paragraph 3 reads:
"(3) the manufacturer of heat is required to ensure the measurement
and delivered to the distribution) heat source of heat supply system
thermal energy in the case of the support referred to in section 24, paragraph. 3 way according to the
the implementing legislation, or
(b)) of useful heat in the case of the aid referred to in section 24, paragraph. 4 way according to the
implementing legislation. ".
64. In section 27. 4, after the word "biomass", the words "or
biogas ", after the word" keep ", the words" complete and correct "and on the
the end of the paragraph, the words "and to make available to the authority on request,
the Ministry and the operator market. ".
65. In section 27. 5, the words "heat" shall be replaced by the manufacturer "Manufacturer
fuel from biomass ", after the word" keep "with the words" full and
the true ", and the words" Ministry, the market operator and the State energy
the inspection "shall be replaced by the words" the Ministry and the market operator ".
66. In section 27. 6, after the words "thermal energy", the words "in the
the case of the production of heat under section 24, paragraph. 3 or useful heat in
the case of the production of heat under section 24, paragraph. 4. "
67. In section 27. 7 (b). and), after the words "market operator" shall be
the words "complete and correct", the words "thermal energy" are added after the words
"in the case of heat production based on section 24, paragraph. 3 or useful heat in
the case of the production of heat under section 24, paragraph. 4 and additional information "after the word
"the way", the words ", the scope and the term of", the words "values
the heat "with the words" and other data "and at the end of the text of the letter is
the word "and" shall be deleted.
68. In section 27. 7 (b). (b)), after the words "the supplied heat", the words
"the distribution of the heat supply system of heat energy equipment
in the case of heat production based on section 24, paragraph. 3 or useful heat in
the case of the production of heat under section 24, paragraph. 4. "
69. In section 27 of the dot at the end of paragraph 7 is replaced by the word "and" and
the following point (c)), which read:
"(c)) keep supporting documents relating to the investment and operating costs
downsizing of the heat that is required to be kept by the manufacturer of the heat other
law ^ 23), even after the time limit set by the law in the
If that is the beneficiary under this Act, and all the
period of application of the aid for the following 5 years and on request
submit to the Office; When the change of ownership is the transferor or legal
the predecessor of the transferee must deliver or assignee these
documents or copies of them. ".
70. In section 27, the following paragraph 9 shall be added:
"(8) the manufacturer of heat is further obliged to
and) maintained and operated a gauge with a valid verification in accordance with the law on the
Metrology,
(b)), to refrain from any undue interference in the hedge against
tampering or in the measuring device or its components
or accessories.
(9) for the production of heat under section 24, paragraph. 4 it takes the right to support the heat
the lifetime of the downsizing of the heat provided by the implementing legislation in the
the texts of the effective to date of the putting into operation of the heat production plants. The method and procedure
putting into operation the heat production plants lays down detailed legislation. ".
71. section 28 including title and footnotes, no 24:
"section 28
The financing of the aid for electricity and heat operating aid
(1) the support costs of electricity and heat, operating aid are borne by the
through the market operator of the funds that are
made up of
and revenue from payments) components of the distribution system and the price of the services folder
the prices of services in support of the electricity transmission system,
(b)) revenue from payments for failure to meet the minimum efficiency of use of energy in the
the burning of brown coal in accordance with § 6 (1). 5 the law on energy management,
c) subsidies from the State budget in accordance with paragraph 3,
(d) the proceeds from the auctioning of allowances) in accordance with the Act concerning the conditions of trading
greenhouse gas emission allowance trading scheme implemented through
Chapter of the Ministry.
(2) the market operator has the right to reimbursement of the cost of electricity and support
operational support for the heat.
(3) the Government shall determine by regulation the means of the State budget for the provision of
subsidies for the payment of the price distribution system services folder and folder prices
services in support of the electricity transmission system, to cover operating
the aid of heat and to compensate for the electricity consumed by the customer in the
The Czech Republic produced from renewable energy sources in another
Member State of the European Union, a Contracting State of the agreement on the European
economic area or the Swiss Confederation (hereinafter referred to as
"compensation") under section 28a, 30. September of the calendar year,
preceding the calendar year for which the Office folder prices services
the distribution system and the transmission system on the price of the service support
electricity. The resources of the State budget for the provision of subsidies to
determined on the basis of the funds referred to in paragraph 1 (b).
and), b) and (d)), so that together with them to cover the total estimated
funding to support the electricity and heat, operating aid and
the cost of compensation under section 28a.
(4) the Office shall provide the services folder of the distribution system and the price of the component prices
services in support of the electricity transmission system
and sampling and transfer) for the places connected to the transmission system or the
distribution system to the voltage level very high voltage and
high voltage in CZK/MW/month on the basis of the agreed reserved
input and
(b)) for sampling and pass-through space connected to a distribution system to
voltage level of low-voltage in CZK/and/month on the basis of the nominal
the current value of the main circuit breaker before the meter and the competent
the distribution rates.
(5) the customer shall be borne by the invoiced price for the period of the service distribution folder
system folder or the transmission system to support the prices of electricity in the
the amount of the product of the unit price of the services folder of the distribution system or
the unit prices of the services of the transmission system folder specified by the authority and
the size of the reserved power of the agreed supply or delivery
or in the case of electricity consumption on the surface of the low-voltage
the nominal current value of main circuit breaker before the meter according to the
of paragraph 4. The maximum payment for the price of the services folder of the distribution system
and the prices of the services folder to support the electricity transmission system for sampling
or a pass-through place for the invoiced amount is determined by the product of the period
495 CZK/MWh and the total collected quantity of electricity from the transmission
system operator or distribution system operator in the supply or delivery point for
the invoice period. This does not include the amount of the total quantity
the electricity consumed přečerpávacími water power stations,
consumed by the customer 24 Island ^) operation on the territory of the Czech
Republic of demonstrably separate from the power system, delivered
through a distribution network abroad and the amount of electricity
consumed by its own technological consumption of electricity for production
electricity or for the electricity and heat or consumed
the transmission system operator and distribution system operator
the loss in the operated transmission system or distribution
the system.
(6) the operator of a local distribution system shall be borne by the operator
distribution system, which is the local distribution system
attached, above and beyond the payments selected from participants in the electricity market for
the sampling or pass-through space attached to the local distribution system
This operator folder prices services distribution system to support
electricity in the amount of the difference between the payments corresponding to the size of the agreed
the wattage in the delivery place of the local distribution system and summary
payment folder prices paid by market participants of the distribution system for the
sampling and pass-through space attached to the local distribution
the system. The maximum payment for the price of the services folder of the distribution system
in support of electricity for consumption or a pass-through place operator
the local distribution system for the invoice period is determined by the product
the amount of 495 CZK/MWh, and the total amount of electricity into the local
the distribution system of the distribution system, which is a local
distribution system connected to local distribution systems
connected to the local distribution system and from the pick-up and transfer
sites of customers and manufacturers connected to the local distribution system,
reduction of the quantity of electricity from local distribution
system to the distribution system, which is the local distribution
the system connected and to local distribution systems that are connected to
the local distribution system, invoice period. In the resulting
the quantity of electricity under the previous sentence shall not include the amount of
the electricity consumed přečerpávacími water power stations,
consumed by the customer in the island's traffic on the territory of the Czech Republic
proven to be separate from the power system or delivered
through a distribution network abroad, consumed on the
cover losses in the distribution system and the amount of electricity consumed
the consumption of electricity for its own technology for the production of electricity or the
for the production of electricity and heat.
(7) in the event that the customer is connected to the supply point distribution
system voltage low voltage on the surface is not equipped with the main
circuit breaker before the meter, it shall apply to the determination of the amount of the payment
the nominal value of the current element of the nearest předřazeného.
(8) The price of the service distribution system and the prices of services
in support of the electricity transmission system is charged in proportion to the number of days,
where is the place of consumption or producer of electricity in a given month, attached to the
the number of days in the calendar month.
(9) the financial resources intended to support electricity and operational support
heat under section 9 (2). 3, section 13 (3). 2, section 26, paragraph. 6 and to compensate for the
under section 28a of the leads, the market operator separately on separate accounts.
(10) in determining the price of the service distribution system folder and folder
the prices of services in support of the electricity transmission system for the following
the calendar year, the Office takes into account the differences between the actually incurred
costs and revenues on the support of electricity and heat, operating aid and, on the
compensation under section 28a of the preceding calendar year.
(11) the actual cost of the market operator is the sum of the total
financial payments to producers under section 9 (2). 3, producers
heat according to § 26 paragraph. 6, vykupujícímu is compulsory under section 13 (3). 2 and
customers pursuant to section 28a. The real income of the market operator are actually
paid the funds referred to in paragraph 1.
(12) the Office provides the market operator data on the holders of licences and data
from the decision on the grant of licences issued and the Ministry of information on the
the holders of the certificates of origin of electricity from high-performance combined
production of electricity and heat, and the certificate of origin of electricity from secondary
resources to the extent necessary for its operation.
24) § 2 (2). 2 (a). point 17) and section 28 of Act No. 458/2000 Coll., on the
terms and conditions of business and the performance of State administration in the energy sectors
and on amendments to certain acts (the Energy Act). ".
72. Footnote 17 is repealed.
73. under section 28 shall be added to § 28a of that title, including:
"§ 28a
Compensation for the electricity consumed by the customer in the Czech Republic
produced from renewable energy sources in another Member State
The European Union, the Contracting State to the agreement on the European economic area
or the Swiss Confederation
(1) the customer has the right to compensation from the operator of the market of paid
prices to cover the costs associated with the support of electricity, if in the years
2013-2015 consumed in the Czech Republic, electricity produced from
renewable sources of energy in another Member State of the European Union,
Contracting State to the agreement on the European economic area or the Swiss
Confederation (hereinafter referred to as "Member State") under the conditions set out below.
(2) the right of the customer in accordance with paragraph 1 is without prejudice to the obligation to pay
price to cover the costs associated with the support of electricity.
(3) the customer may submit a request for compensation for its merchant with the
electricity. In the case that the trader with electricity supplied to the customer
electricity referred to in paragraph 1 shall be accompanied by a trader with electricity to this
the application documents referred to in paragraph 5 and shall transmit the request to the operator
the market. Otherwise, the electricity trader about the fact that his
the customer to supply the electricity referred to in the first sentence, inform your
Furthermore, the request of the customer and does not pass.
(4) After verification of the conditions referred to in paragraph 5, the market operator will pay the
compensation for the trader of electricity, which transmitted the request to the client
compensate for the market operator. Electricity trader, without undue
the delay shall pay compensation to the customer, who has filed a request for
compensation.
(5) the condition of payment of the compensation is
and) proof of origin of electricity from renewable resources, which is carried out
recognition of renewable energy guarantees of origin issued in another Member
the State and the application of this guarantee of origin under section 45,
(b)) proof of contracts for the supply of electricity between a manufacturer of electricity from
renewable energy in another Member State, which has produced electricity from
renewable energy, or electricity trader in another Member
State and a trader of electricity in the Czech Republic,
electricity supplied to a customer in the Czech Republic the right to uplatňujícímu
compensation, including translation into the Czech language, if the market operator
provided that such a translation does not require, or that requires the official
certified translation, and
(c)) prove that the sampling site the customer is directly connected to the
the electricity system of the Czech Republic.
(6) the maximum amount of funds paid by the market operator to
the payment of compensation in the 2013-2015 shall each year, in a given year
exceed 10% of the total funds that have been
paid by the market operator in the year preceding the support of electricity from
renewable resources for electricity referred to in service
from the 1. January 2013. For entitlement to the payment of compensation is a critical term
the application of the market operator in the system application in electronic form for
the market operator. In the event that the compensation will be for its customers in the
the relevant calendar month to claim more traders with electricity and
There would be crossing the maximum amount of funds, then the
the remaining funds divided between the electricity traders
in proportion to the quantities supplied by electricity from renewable sources
to customers. Information on the value of the maximum amount of the financial
the market operator shall publish the resource in a manner enabling remote access.
(7) the procedures, dates and content of the request for compensation, request
compensation laid down detailed legal prescription.
(8) the costs of the compensation shall be paid from the grant in accordance with section 29. ".
74. In section 29. 1, after the words "heat under section 28", the words "and on the
compensation under section 28a ".
75. In the first part of the title VII and VIII, including titles and notes
footnote 18 to 20 shall be deleted.
76. In the title of the head of the ninth, after the words "renewable energy"
the words "and electricity combined production of electricity from high-performance
and heat ".
77. section 44 and 45, including the following titles:
"§ 44
Guarantee of origin of electricity from renewable energy sources and electricity from
high-performance of combined production of electricity and heat
(1) the guarantee of origin of electricity from renewable sources corresponding to the value of the
the amount of electricity that has been made by the manufacturer from a renewable source
energy and delivered to the power system of the Czech Republic for the period
one, two, three, six or twelve calendar months, and is used to
proof of origin of electricity. Guarantee of origin of electricity from renewable
resources may become the subject of the contractual relationship.
(2) the guarantee of origin of electricity from high-performance cogeneration electricity
and heat corresponds to the amount of electricity, which was by the manufacturer
made from high-performance of combined production of electricity and heat and delivered
the power system of the Czech Republic for a period of one, two, three,
six or twelve calendar months, and is used to demonstrate the origin of the
electricity. Guarantee of origin of electricity from high-performance cogeneration
electricity and heat can become the subject of the contractual relationship.
section 45
Management of guarantees of origin of electricity from renewable sources and
electricity from the high performance of the combined production of electricity and heat and their
the registration of
(1) the guarantee of origin of electricity from renewable energy sources or guarantee of origin
electricity from the high performance of the combined production of electricity and heat (hereinafter referred to as
"guarantee of origin") to be issued in electronic form on the basis of the market operator
the application of renewable electricity producer or producer of electricity
from the high performance of the combined production of electricity and heat on his account
in the register of guarantees of origin.
(2) the guarantee of origin of electricity from renewable energy sources is valid for a period of
twelve calendar months from the date of manufacture of the corresponding electricity
in the meantime, if it does not implement. Guarantee of origin of the
high-performance of combined production of electricity and heat is valid for a period of 12
calendar months from the production of adequate electricity.
(3) a guarantee of origin is maintained in electronic form on the account of the manufacturer
electricity from renewable sources, a producer of electricity from high-performance
the combined production of electricity and heat, or electricity (the merchant's
"account holder") in the register of guarantees of origin.
(4) the market operator operates in a manner enabling remote access
Register of guarantees of origin, which allows the electronic way
and issue guarantees of origin in) electricity produced and delivered to the
the electricity system of the Czech Republic at least 1 MWh, or
its whole multiples,
(b)) the transfer of guarantees of origin held on the account of the holder of the guarantees of origin between
producers of electricity or electricity traders in the Czech Republic
or between the producers of electricity or electricity traders in the Czech
Republic and the producers of electricity or electricity traders in another
Member State (hereinafter referred to as "the transfer of guarantees of origin"),
(c) the application of the guarantee of origin) from renewable sources for proof of origin
electricity produced from renewable energy sources and delivered to the customer in the Czech
Republic (hereinafter referred to as "the application of the guarantees of origin"),
(d) the recognition of the guarantee of origin) issued in another Member State, or
e) disposal guarantees of origin, by reason of the expiry of the period of validity of the warranty
origin or erroneous issuance of guarantees of origin on the basis of incomplete or
false information.
(5) the Operator of the market rules for the registration of guarantees of origin and
access to the register of guarantees of origin allows to remote
access.
(6) producer of electricity from renewable sources or a producer of electricity from
high-performance of combined production of electricity and heat can apply for the issue of
guarantees of origin no later than 12 calendar months from the date of
production and supply of electricity.
(7) the producer of electricity from renewable sources or a producer of electricity from
high-performance of combined production of electricity and heat, which submits a request for
the issue of such guarantees of origin, shall be obliged to
and electronic form) to pass the market operator the full and true
the information required for the issue of such guarantees of origin, and the data used for
verification and
(b)) to ensure at the request of the market operator verify the values and
the necessary data required for the issue of such guarantees of origin.
(8) the guarantee of origin, which was issued in another Member State,
considered a guarantee of origin under this Act, if it is given the
electronic transfer of guarantees of origin from the evidence of the other Member
State in the register of guarantees of origin in the Czech Republic, and is shown to be
evidence that has not been used in another Member State for the
proof of origin of electricity produced from renewable energy sources and delivered
the customer in that other Member State or to its disposal. In
If in doubt about the correctness or authenticity of the guarantees of origin issued in the
another Member State is entitled to the following guarantees, the market operator to examine and
where appropriate, not as a guarantee of origin under this Act and is obliged to
These facts to inform the Ministry. The Ministry shall notify the
The Commission of the European Union recognition of the guarantee of origin, including the preamble.
(9) the procedures and conditions for the issue, transfer, application, recognition and
disposal of a guarantee of origin, the content requirements, the method of data validation
necessary to issue, transfer, recognition and disposal of guarantees of origin and leadership
accounts in the register of guarantees of origin shall lay down the implementing legislation.
(10) the account holder is obliged to pay the price for the market operator Edition
transfers of guarantees of origin in the framework of the Czech Republic, the transfer of guarantees of origin
issued in another Member State associated with the recognition of the guarantee of origin and for the
account management in the register of guarantees of origin, which are published as the operator
the market in a way that allows remote access. ".
78. In section 48, the words "the State Energy inspection" shall be replaced by the word
"The Office".
79. section 49 including title:
"§ 49
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and) as the operator of a transmission system operator or distribution
system fails to comply with an obligation under section 7 (2). 1 or 2,
(b) fails to comply with the obligations as manufacturer) according to § 7 (2). 4, 7, or 8,
(c)) as a producer of the fuel, the fuel supplier or importer of fuels from biomass,
bioliquids or fails to comply with the obligation under section a biogas 7 (2). 5,
(d)) as the operator of a transmission system operator or distribution
system fails to comply with an obligation under section 7 (2). 6,
(e) fails to comply with the obligation as a redeeming) under section 9 (2). 2,
(f)) as compulsory redeeming one of the obligations to fulfil, pursuant to section 10
paragraph. 2,
(g) fails to comply with the obligation of the manufacturer) as referred to in section 11 (1). 3,
(h) the manufacturer fails to perform the obligation) as referred to in section 11 (1). 4 or 8,
even) as mandatory obligations under section fails the redeeming 11 (2). 4, 5, 6
or 7,
(j) to fulfil the obligation as a redeeming) under section 11 (2). 5,
as a manufacturer fails to) one of the obligations according to § 11a paragraph. 5 (a).
and (b)) or) or paragraph. 7 (b). (b)), or upon request of the Office or
the Ministry does not fulfil the obligation under § 11a paragraph. 6,
l) as a transmission system operator or distribution operator
the system does not comply with the obligation under § 11a paragraph. 9,
m) as the distribution system operator or a transmission operator
system fails to comply with an obligation under section 13 (3). 1,
n) as the payer fails to comply with the obligation to levy under section 20 (2). 1 or 2,
as a manufacturer of heat) fails to comply with the obligation referred to in section 23, paragraph. 7,
p) heat as the manufacturer fails to comply with the obligation under § 25 paragraph. 4,
q) as the holder of the licence to the distribution of thermal energy to fulfil the obligation to
pursuant to section 27. 1,
r) as a manufacturer of heat fails to comply with the obligation under section 27. 4, 6, or 7
8,
as a manufacturer of fuel with) from biomass or biomass fuel importer fails
the obligation under section 27. 5,
t) as a trader of electricity violates any of the requirements under section 28a
paragraph. 3 or 4,
as a producer for) renewable electricity or electricity producers
from the high performance of the combined production of electricity and heat seeking release
guarantees of origin fails to comply with an obligation under section 45, paragraph. 7,
in) as the account holder fails to comply with any of the requirements referred to in section 45, paragraph. 10,
w) as a producer of electricity from secondary sources or producer of electricity from
high-performance of combined production of electricity and heat seeking release
the certificate of origin fails to fulfil an obligation pursuant to § 47 odst. 3,
x) as the manufacturer fails to comply with an obligation under section 8 (2). 3,
y) as the market operator fails to comply with any of the requirements referred to in section 45, paragraph. 1,
4 or 5.
(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 50 0000 0000
CZK. In the case of the manufacturer or the manufacturer of heat, saves a penalty up to a maximum
the amount of the annual entitlement of the manufacturer or the manufacturer of the heat. At the same time
with a fine, the authority may decide on the imposition of corrective measures, which
the purpose is to eliminate the infringement, and to set an appropriate time limit to
its deletion. ".
80. In § 50 paragraph 4 is added:
"(4) administrative offences under this law in the first instance hearing
The Office. On the decomposition of against a decision imposing a fine, the Council shall act
Office. ".
81. section 51 including title:
"§ 51
Unduly drawn support
(1) if the aid or operating aid in heat
the context of committing misconduct under this Act from the
the manufacturer, the manufacturer of electricity from distributed electricity production plants or
manufacturer of heat (hereinafter referred to as "unlawful aid"), the Office of
the official shall act on any unauthorized aid and establishes its scope
According to the duration of unauthorized aid. The manufacturer, the manufacturer of the
electricity from the decentralized production plants of electricity or heat, the manufacturer is obliged to
illegally pumped aid to pay not later than 30 days from the date of
the decision of the authority of any unauthorized aid to the State
the budget. The manufacturer, the manufacturer of electricity from distributed electricity production plants
or manufacturer of heat is also obliged to pay the penalty for unauthorized
aid in the amount of 0.1% per day of the amount equal to the sums wrongly
pumped for the time when the support of the manufacturer, the manufacturer of electricity from distributed
the production plants of electricity or heat electricity producer support, support
decentralised production of electricity or heat, operating aid unduly
drew to the time when it paid to the State budget, however to the maximum
the amount of the unauthorized aid.
(2) the management of the contributions from the unauthorized aid and finance charge shall exercise
The authority according to the law governing the administration of taxes. The manufacturer, the manufacturer of electricity
from decentral heat production plants of electricity or the manufacturer has to manage contributions
drawing support from the unauthorized status of the taxpayer. Removal from the
unauthorized aid and penalties can be levied against within 10 years from 1.
January the year following the year in which an unauthorized disbursement
aid. ".
82. In § 52 paragraph. 1 the words "support for decentralised electricity production,
the aid of heat and aid biometanu "shall be replaced by the words" and the aid of heat ".
83. section 53 including the title:
"section 53
Authorisation to issue implementing legislation
(1) the Ministry shall lay down by Decree
the types and parameters) and supported renewable energy sources and ways of
their use for the production of electricity from renewable sources and the heat from the
renewable energy sources, including the method and amount of targeted reporting
biomass grown on arable land and grassland vegetation in the manufacture
biogas,
(b) the minimum energy efficiency of use) in electricity generating stations, on which
covered by the support of electricity from renewable energy sources or secondary
resources, and the minimum efficiency of energy use in the manufacturing of heat,
covered by the aid of heat from renewable sources,
(c) the method of measurement and calculation) of the produced quantity of electricity from
renewable energy sources or secondary sources in the production of electricity from
a renewable source or a secondary source, together with the neobnovitelným
the source,
(d) the reporting of the quantity of electricity) the way of renewable energy sources and
non-renewable energy resources, the amount of heat from renewable sources and
secondary sources, the actual quantity of renewable resources and the acquisition of the
its quality, the actual use of all purchased quantity
renewable resources,
(e)) the scope of the documents and records kept of the fuel used in the production of
electricity and heat from renewable energy sources and how the production of this
fuel,
(f)) the procedures and conditions for the issuance, transfer, application, recognition and disposal of
guarantees of origin of electricity from renewable energy sources and electricity from
high-performance of combined production of electricity and heat, its content
Essentials, how to verify the information necessary for the release, transfer, recognition and
disposal of a guarantee of origin, and the management of accounts in the records of the guarantees of origin
g) model application for issue of a certificate of origin of electricity from high-performance
the combined production of electricity and heat, or from secondary sources and
the conditions for its issue,
h) how to calculate primary energy savings, a way to determine the amount of
electricity from the high performance of the combined production of electricity and heat and
electricity from secondary sources, and the terms and scope of the data transmitted for
determination of the electricity from the high performance of the combined production of electricity and heat and
electricity from secondary sources,
I) share of biodegradable and nerozložitelné part of the nevytříděného
municipal waste on the energy content of municipal waste,
j) range of stored documents and records used the types of biomass,
biogas and biokapalin and how to use them for the production of fuels,
k) sustainability criteria for bioliquids,
l) range data and terms and the method of transmission and recording of measured or
calculated values of the supported sources and verification
calculated values for aid in the form of a green bonus on electricity,
m) range of data and terms and the method of transmission and recording of measured values
electricity from the supported sources for the aid in the form of feed-in tariffs,
n) method, the scope and terms of the transfer and registration of the measured values
manufactured and supplied heat from renewable sources to the distribution
heat supply system of heat energy equipment from heat
and useful heat in the case of works referred to in section 24, paragraph. 4 and the way
measurement of the heat supplied to the distribution system of the heat equipment
the supply of heat energy in the case of heat production based on section 24, paragraph. 3
and useful heat in the case of heat production based on section 24, paragraph. 4 and more
data,
on the way to the registration place of handover) produced the heat from the heat to the
the distribution of the heat equipment and its changes for aid in the form of green
the bonus on the heat,
p) the method and procedure for the placing into service of the production plants of electricity and how and
How to bring the heat to the downsizing of the operation,
q) way of measuring range and the quantity of electricity produced at the terminals
generator, useful heat and fuel consumed in the case
electricity from the high performance of the combined production of electricity and heat,
r) way of measuring range and the electricity produced, custom technology
consumption of useful heat and consumed fuel,
with) the procedures, terms and conditions for the submission and processing of applications for
compensation model application for compensation and the manner and terms of payment
compensation.
(2) the authority shall lay down by Decree
a) techno-economic parameters for the determination of feed-in tariffs
the different types of renewable energy sources for electricity production and for
determination of the heat of green renewable energy sources for production plants
heat referred to in section 24, paragraph. 4,
(b)) the lifetime of the generation of electricity from the supported resources and time
life of the generating stations of heat from renewable sources referred to in section 24, paragraph.
4,
(c) the dates and selection procedures) forms of support for the electricity market operator,
(d) the registration procedure) forms of support for the electricity market operator,
e) dates and selection procedures and changes to the schemes the green bonus on electricity,
f) operating aid registration procedure of heat for the market operator,
(g) the method and procedure for determining) the difference between the hourly price and purchase
price and its remuneration, the market operator,
(h)) method of determining hourly bonus of green electricity, hourly
prices and prices for compulsory activities vykupujícího,
I offer electricity producer) of renewable electricity
compulsory vykupujícímu,
j) terms and way of informing the manufacturer of compulsory or vykupujícím
vykupujícím to achieve negative prices on the daily market in electricity and
the situation, when there is no matching of demand and supply of electricity on the
daily market,
the method and deadlines) billing and payment of the price of the service distribution folder
system and component prices services in support of the electricity transmission system
between the market operator and the transmission system operator and
regional operator and distribution system operators
distribution system operators.
(3) the Ministry of agriculture shall lay down by Decree
and how to specify the main subject) activities agricultural production,
(b) the maintenance of a list) the way producers with main subject of activity
agricultural production. ".
84. In paragraph 54. 1 the words "§ 11 (1). 9 "shall be replaced by the words" § 11 (1).
4 the ", the words" § 11 (1). 10 "shall be replaced by the words" § 11 (1). 5 "and the words" §
12 paragraph. 7 "is replaced by" section 12 paragraph. 6. "
85. In paragraph 54. 2, the words "section 12 paragraph. 7 "is replaced by" section 12 paragraph.
6. ".
Article. XVI
Transitional provisions
1. for the production of electricity with an installed power of 100 kW
including, on which it is claimed the right to support and which have been referred to
into service before the date of entry into force of this Act, must be met
obligations pursuant to § 11a paragraph. 1 to 5 of the Act No. 165/2012 Coll., as amended by
effective from the date of entry into force of this law, by 1. January
2017.
2. for the production of electricity with an installed electrical power up to 100 kW,
which is the right to support and which have been referred to operation
before the date of entry into force of this law, the obligation must be fulfilled
According to the § 11a paragraph. 1 to 5 of the Act No. 165/2012 Coll., as amended effective from
date of entry into force of this law, by 1. January 2018.
3. for the production of heat, to which it is claimed the right to support and
have been put into service before the date of entry into force of this law, shall
be fulfilled the obligation under section 27. 3 and 8 of law No. 165/Sb.
in the version effective as from the date of entry into force of this Act, not later than
January 1, 2018.
4. The manufacturer who stated the mill electricity into service prior to the date
the effectiveness of this law, is obliged to, in the meantime, in accordance with paragraph 1 or 2
ensure that the obligations imposed by § 11a paragraph. 1 to 5 of the Act No. 165/Sb, in 2012.
the texts of the effective date of the entry into force of this law, follow the
the provisions of section 9 (2). 6, section 10, paragraph 1. 3, § 11 (1). 6 and 8 and section 13 (3). 4
Act No. 165/2012 Coll., as amended effective before the date of entry into force of
of this law.
5. the proceedings initiated before the date of entry into force of this law shall be completed
in accordance with Act No. 165/2012 Coll., as amended effective prior to the date
the effectiveness of this Act.
6. the initial Checks of the State Energy inspection within the scope of,
that the date of entry into force of this law passes to the Energy
regulatory authority, which before that date were not completed, completed State
energy inspections.
7. the procedure for the imposition of fines, initiated in the State Energy inspection
the scope, which on the date of entry into force of this law passes
the Energy Regulatory Office, and that before that date have not been
finished, completes the State Energy inspection.
8. The performance of the State Energy inspection decision imposing a fine in
the scope, which on the date of entry into force of this law passes
the Energy Regulatory Office and which are enforceable by the date of the acquisition
the effectiveness of this law, the State Energy inspection. The performance of the
the State Energy inspection decision imposing a fine in the area
the scope, which on the date of entry into force of this law passes to the
The Energy Regulatory Office and which is enforceable from the date of acquisition
the effectiveness of this law, the Energy Regulatory Office.
9. the law on the promotion of heat under section 24, paragraph. 4 of law No. 165/Sb, in 2012.
the texts of the effective date of the entry into force of this Act, the date of
the effectiveness of the decision of the European Commission that the notified aid scheme
provided for in this law is fully compatible with the internal market by
The Treaty on the functioning of the European Union.
10. The Office folder prices pursuant to section 28 of Act No. 165/Sb, in 2012.
the texts of the effective date of the entry into force of this law, for the first time on the day
the entry into force of this law on the remaining part of the year 2015.
11. On the date of entry into force of this Act, the Government shall determine by regulation for
the remaining part of the year 2015 means the State budget for the provision of
subsidies for the payment of the price distribution system services folder and folder prices
services in support of the electricity transmission system, to cover operating
aid to compensate for the heat and, according to section 28, paragraph. 3 of law 165/Sb.
in the version effective as from the date of entry into force of this law.
12. The provisions of section 7 (1). 7, section 7 (2). 8 and section 27. 7 (b). (c))
do not apply to the manufacturer, which said the mill electricity or heat plant
into service before the date of entry into force of this Act.
13. electricity from renewable Plant sources that use the energy of the water
power up to 10 MW, in the event that it was in the time period from 2.
10.2013 to its effective date of this Act terminate the reconstruction
the technological part of the existing production plants of electricity or modernization,
the increasing technical and ecological level of existing production plants of electricity
to a level comparable with the newly established výrobnami of electricity, shall be deemed to
as indicated in the operation on the date of entry into force of this law.
PART OF THE FOURTEENTH
Amendment to Act No. 310/2013 Sb.
Article. XVII
In the first article. II, point 1 of the transitional provisions. Act No. 310/2013
Coll., amending Act No. 165/2012 on the supported sources
energy and on amendment to certain acts, as amended by law no 407/2012 Coll., and
other related laws, with the text "until 31 December 2007. December 2015 including "
replaced by "in the 6 years from the grant of the authorization" and the following sentence
the second, which reads: "the previous Sentence shall apply mutatis mutandis for producer of electricity,
that generates electricity in the manufacturing and electricity from renewable sources
using wind energy, geothermal energy, the energy of the water or
biomass energy, on which the location of the territorial management have been initiated prior to the
day of the 18. August 2011 and the plant put into operation within 6 years from the
the issue of zoning decision. ".
PART FIFTEEN
The amendment to the law on the civil service
Article. XVIII
In section 2 (2). 1 (a). (g)) and in section 33, paragraph. 1 (a). q) Act No. 234/2014
Coll., of the civil service, with the words "Chairman and Vice-Chairman" shall be replaced by
the words "member of the Council".
PART SIXTEEN
The EFFECTIVENESS of the
Article. XIX
This law shall enter into force on 1 January 2005. January 2016, with the exception of the provisions
part of the section 107, as regards section 17b, and the provisions of section 112, which
shall take effect on 1 January 2005. August 2017, of the first part of paragraph 171,
with regard to section 24, paragraph. 10 (a). y), part of the point of 197 with regard to § 25
paragraph. 11 (a). l), part of the point of the 264 in terms of § 58 paragraph. 8 (a). DD),
which shall take effect on 1 January 2005. January 2020, and with the exception of the provisions
part of the first part of section 127, in terms of section 19(a)(1). 8, and of the thirteenth
section 31, which shall take effect on 1 January 2005. January 2019, and the provisions of the
part of the fourteenth, which shall take effect on the date of its publication.
In r. hamáček.
Zeman in r.
Sobotka in r.
