211/2011 Sb.
LAW
of 9 June. June 2011,
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 United States:
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 amendments to certain acts (the energy
Act), as amended by Act No. 151/2002 Coll., Act No. 261/2002 Coll., Act
No. 309/2002 Coll., Act No. 279/2003 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., and
Act No. 155/2010 Coll., shall be amended as follows:
1. § 1, including title and footnotes # 1 and 1a is added:
"§ 1
The subject of the edit
This law incorporates the relevant provisions of the European Union "^ 1") and modifies the
in the wake of the directly applicable European Union regulations ^ 1a) conditions
business and the performance of State administration in the energy sectors, which are
electricity, gas and heating plants, as well as the rights and
obligations of natural and legal persons connected with it.
1) European Parliament and Council Directive 2009/72/EC of 13 April 2004. July
2009 concerning common rules for the internal market in electricity and repealing
Directive 2003/54/EC.
European Parliament and Council directive 2009/73/EC of 13 April 2004. July
2009 concerning common rules for the internal market in natural gas and
repeal of Directive 2003/55/EC.
European Parliament and Council Directive 2006/32/EC of 5 July 2004. April 2006 on
energy end-use efficiency and energy services
and repealing Council Directive 93/76/EEC.
European Parliament and Council Directive 2005/89/EC of 18 June 2003. January 2006
on measures to safeguard security of electricity supply and investments in
infrastructure.
1A) European Parliament and Council Regulation (EC) no 713/2009 of 13 July.
July 2009 establishing an agency for the cooperation of energy
regulatory authorities.
European Parliament and Council Regulation (EC) no 714/2009 of 13 July.
July 2009 on conditions for access to the network for cross-border trade in
electricity and repealing Regulation (EC) No 1228/2003.
European Parliament and Council Regulation (EC) no 715/2009 of 13 July.
July 2009 on conditions for access to the natural gas transmission networks
and repealing Regulation (EC) no 1775/2005.
European Parliament and Council Regulation (EC) no 617/2010 of 24.
June 2010 on the obligation to inform the Commission of investment projects in the
energy infrastructure within the European Union and repealing Regulation
(EC) No 736/96.
Regulation of the European Parliament and of the Council (EC) No 994/2010 of 20 September. October
2010 concerning measures to safeguard security of gas supply and repealing
Council Directive 2004/67/EC ".
2. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following
the letters f) and (g)), which read as follows:
"(f)) by checking the option to exercise on the basis of legal or factual
the fact a decisive influence on the activities of the other party, in particular on the basis of
1. the right of ownership or the right of use to a company controlled by the person
or any part thereof, or
2. the rights or other legal elements that provide crucial
influence on the composition, voting or decisions of the organs of the person checked,
g) certification procedure in which determines if the operator of a transmission
system, the transmission system operator or the person who intends to
to operate the transmission or the transmission system, fulfils the conditions
independence of the transmission system operator or service provider.
the transmission system operator pursuant to this Act and whether the acquisition or exercise of
control by a person or persons having their registered office, Central Administration
or principal place of business in a State which is not a Member
State of the European Union (hereinafter referred to as "the person from a third country"), above the
the operator of a transmission or transmission system does not compromise safety
the supply of electricity or gas in the Czech Republic and the European Union. ".
3. In article 2 (2). 2 (a). a) paragraph 17 reads:
"17. vertically integrated group entrepreneur of the holder of the licence or
holders of licences for the transmission of electricity, electricity distribution, trade
electricity or electricity generation, which is the same person shall be entitled to
or the same persons are entitled, directly or indirectly, to exercise
control, and of which at least 1 licensee carries on business transfer
of electricity or the distribution of electricity and at least 1 license holder
carries on the activity of electricity production or trade of electricity ".
4. In article 2 (2). 2 (a). (b)) and, in paragraph 12 of section 67 para. 2 (a). (b)), the word
"underground" is deleted.
5. In article 2 (2). 2 (a). b) point 13 as follows:
"13. the gas tank the gas underground or above-ground equipment, including
related objects and system management and security
techniques and equipment to convert information for activity of computer technology
and information systems, used for the storage of natural gas in the gas
or liquid form directly connected to the gas system of the United
States, or with foreign gas system; the gas tank is
established and operated in the public interest ".
6. In article 2 (2). 2 (a). (b)), paragraphs 14 and 25, § 57 para. 8 (a). and)
the title of section 60, the provisions of § 60 of the introductory part of paragraph 1, § 60 para. 1
(a). and), c), (d)), and (h)), § 60 para. 2 to 7, § 60 para. 8 of the introductory part
the provisions of § 60 para. 8 (a). a), g), (h)), j), l) to (n)), p) and (q)), section 61
paragraph. 2 (a). (e)), § 61 para. 1 (a). 4 (b). (h)), § 62 para. 2 (a).
(h)), § 71 para. 8 to 10, § 72 para. 7, § 97a of paragraph 1. 1, § 98, para. 2
(a). (b)) and in section 98, para. 2 (a). I) paragraph 6, the word "underground"
repealed.
7. In article 2 (2). 2 (a). (b)), paragraph 19, the words "a party of the gas market, for
which "shall be replaced by the words" natural or legal person for whom ".
8. In article 2 (2). 2 (a). (b)) paragraph 24:
"24. vertically integrated natural gas Professional license holder
or group of licence holders for the transport of gas, gas distribution,
gas storage, gas or gas production, which is
the same person or the same persons are entitled, directly or
indirectly, to exercise control, and of which at least 1 license holder
carries on the activity of transport of gas, gas distribution, or storage of gas
and at least 1 licensee carries on the activity of production of gas or trade
with gas, ".
9. in section 2 (2). 2 at the end of subparagraph (b)) the following paragraph 27, which reads as follows:
"27. gas-processing equipment for the production or extraction of gas or Terminal
liquefied natural gas, including construction and the necessary ancillary
the device, which carries out its activities on production licence-holder
the gas ".
10. In paragraph 2, at the end of paragraph 2, the period is replaced by a comma and the following
paragraphs 13 and 14 shall be inserted:
"13. the source of the heat energy equipment including necessary ancillary
equipment and construction parts, in which the use of fuels or other forms of
energy gets the heat energy that passes the heat transmission to the substance,
14. the system of heat supply system consisting of a mutually
the linked source or a source of thermal energy and heat distribution
the device used for the supply of heat energy for heating, cooling,
domestic hot water and technological processes, if it is operated on the basis of the
the license for the production of thermal energy and the license on the distribution of thermal energy;
thermal energy supply system is established and operated in
the public interest. ".
11. In paragraph 3, at the end of paragraph 2 the following sentence "for the execution of the project
used for production of electricity from the power outlet of the established and operated
in the public interest or the building, which is part of the transmission system,
the transmission system, distribution system, gas storage, distribution
source of heat or heat source connected to power
thermal equipment, can the right of ownership for the building, land and equipment
expropriate in accordance with the law on expropriation. ".
12. In paragraph 3, the following paragraphs 4 and 5 are added:
"(4) subject to conditions pursuant to Section 7a of the can in the area of trade in
electricity or gas trade in the territory of the United States to do business
natural or legal persons on the basis of the business for
trade with electricity or gas trade granted by the competent
authority of another Member State of the European Union.
(5) natural and legal persons, whose business is the performance
propane, butane and their mixtures into propane-butanových bottles, are required to
to ensure the regular implementation of the pressure testing, inspection and repair them
owned by the bottles. Filling propane cylinders without the consent of their butanových
the owner is prohibited. ".
13. in § 5 para. 3, the fourth sentence deleted.
14. in section 5, section 6, the following paragraph 7 is added:
"(7) the technical requirements shall be considered satisfied for the energy
device for which is certified by its safety to the extent and for the
conditions laid down in the laws and other regulations in order to ensure
safety and health at work, and in accordance with the technical
documentation. If the power plant construction, the applicant shall, on
Licensure also demonstrate that it is entitled to use or building
otherwise operate. ".
The present paragraph 7 shall become paragraph 8.
15. in paragraph 7 the following new section 7a, which including the title:
"§ 7a
Authorisation to take
(1) a person who intends to conduct business in the energy sectors in the territory
The United States on the basis of the business for trade
electricity or gas trade granted by the competent authority of another
the Member State of the European Union, must apply to the Energy Regulatory Office
the recognition of this permission.
(2) the Energy Regulatory Office shall decide on the authorisation referred to in
paragraph 1, if, on the basis of permission issued by another Member
State of the European Union, the applicant has the right to pursue the activities of trade in
electricity or gas trade. If the energy regulatory
the Office for the recognition of the business for electricity trade or for
gas trade, the person authorized to conduct business in the holder
license under this Act. The provisions of the commercial code of
foreign persons permission to conduct business in the territory of the United States is not
without prejudice to the.
(3) Permission to do business in the field of trade in electricity or trade in
gas in the Czech Republic on the basis of the decision on the authorisation referred to in
paragraph 2 expires, lapses if the permissions issued in another Member State,
or if the energy regulatory authority about the annulment of the decision of the
the recognition of such a privilege. For the cancellation of the decision on the recognition of the permissions
apply the provisions of § 10 para. 2 (a). b) to (d)). Person established in the
energy sectors referred to in paragraph 1 is required to use for energy
regulatory authority announce the demise of the submitted permissions. ".
16. in section 9 is at the end of paragraph 2 the following sentence "If the Energy
the regulatory authority may decide to amend the decision granting the licence, to carry out
The new management of the Energy Regulatory Office, and shall issue a new decision in
things. ".
17. in section 10, paragraph 1. 1 at the end of the text of subparagraph (a)) the following words "; It
does not apply if the heir or the administrator of heritage continues in performance
licensed activity referred to in paragraphs 9 to 11 ".
18. in section 10, paragraph 1. 3 (c)):
"(c) the holder has not paid the contribution) to the energy regulatory
Fund pursuant to § 14. ".
19. in section 10, paragraph 9 is added:
"(9) if the licensee dies, may, in the exercise of the licensed activities
continue until the end of the probate proceedings
and heirs by law) if there is a will, the heirs of the
(b)) the heirs of wills and the surviving spouse, even though it is not the heir, if the
the owner or co-owner of the energy of the device that is used to
the performance of the licensed activities,
(c) the surviving spouse) that meet the condition referred to in subparagraph (b)), if in the
the performance of the licensed activities do not go on heirs, or
d) Manager heritage, provided for the performance of the licensed activity was established
authority handing heritage. ".
20. in paragraph 10, the following paragraph 10 and 11 shall be added:
"(10) If the person or persons referred to in paragraph 9 (a). and continue) to c)
the completion of the probate proceedings in the performance of the licensed activities, are
obliged to notify this fact to the Energy Regulatory Office in writing by
within a period of 1 month from the date of the death of the holder of the licence. Heritage is the Manager
obliged to notify the Energy Regulatory Office continued in the performance
licensed activities within 1 month of the date when this function
appointed.
(11) the person referred to in paragraph 9 (a). a) to (c)), which intends to continue
in the performance of the licensed activities upon completion of the probate proceedings, shall notify the
This fact to the Energy Regulatory Office within one month from the
date of legal effect of the resolution, by which the proceedings were closed, and about the legacy of
at the same time the energy regulatory authority shall submit a request for the grant of
the license. Pending such decision, the Energy Regulatory Office on
request such person continues to exercise the licensed activity on
the basis of the decision on the grant of a licence of the deceased licensee.
The release of the Energy Regulatory Office's decision on the application for the grant of
the license terminates the license granted to the deceased licensee; If
the decision granted a license only on some of the establishments, as defined by
territory or the distribution or distribution equipment, which has been granted
license to the deceased licensee, the license of the deceased holder
the license only in this range. ".
21. in section 10, the following new paragraph 10a to 10 c, including title and
footnote No 20:
"Certification
section 10a
(1) the transmission system operator and the transmission system operator
can operate a transmission system or a transmission system only
at that time, if the holder of the certificate issued by the energy independence
Regulatory Office.
(2) the transmission system operator or a transmission system
the system is obliged to notify the energy regulatory office any
the facts on which the change comes as a result of which stopped or would
can meet any of the conditions of independence under section 24a
paragraph. 2 or section 58a to 58n.
(3) the transmission system operator or a transmission system
the system is obliged to notify the energy regulatory office any
the circumstances that could lead to the fact that a person acquires control over him
or persons from a third country, or that there is a change of the person or persons from a third
country exercising control over a transmission system operator or
the transmission system operator, or other significant change in circumstances. About this
the fact is the energy regulatory authority must inform the European
The Commission (hereinafter referred to as "the Commission").
section 10b
(1) the Certification shall be initiated at the request of the transmission system operator
or the transmission system operator or the person who intends to
operate a transmission system or a transmission system.
(2) the Energy Regulatory Office initiates a certification, ex officio
and) if reasonably considers that the transmission system operator or
the transmission system operator has stopped or ceases to comply with any
of the conditions of independence under section 24a of para. 2 or § 58a-58n, or
(b)), the Commission's initiative.
(3) If the energy regulatory authority finds reasons to begin
certification on the basis of the notification by the transmission system or
the transmission system operator in accordance with § article 10A(1). 2 it shall inform, within 30
days from the date of receipt of the notification, the Commission and the transmission
system or transmission system operator.
(4) the Energy Regulatory Office shall draw up the concept of propositional parts
the decision and the justification and shall notify the Commission and the party to the proceedings. Before
Notice the concept part of the decision and the reasoning of the Commission to
Energy Regulatory Office party to it.
The Energy Regulatory Office shall draw up a draft of part of the decision and the propositional
justification within 4 months from the
and begin at the request of certification),
(b) the receipt of the complaint the Commission) or
c) receipt of the transmission system operator or
the transmission system operator.
(5) If in the case of certification request is not produced Energy
regulatory authority the concept part of the decision and the justification of the 4
months from the date of its opening, the decision to release the applicant
satisfies the condition for the operation of a transmission or transmission system
under § article 10A(1). 1. If certification initiated ex officio.
not produced the energy regulatory office concept of part of the decision
and the reasoning within 4 months from the receipt of the complaint of the Commission or of the notification of
the transmission system operator or a transmission system operator,
, the Energy Regulatory Office has not demonstrated reasons for cancellation
certificate of independence. This fact to the Energy Regulatory Office
shall inform the Commission and shall transmit to it any used items. Additionally, in the
the certification process according to the directly applicable European Union legislation.
(6) the Energy Regulatory Office shall grant a certificate of independence, if
in the case of certification application the applicant proves that meets the conditions
independence under section 24a of para. 2 or section 58a to 58n.
(7) in the certification initiated ex officio, the Energy Regulatory Office
the certificate cancels independence if the certification proves that the
the transmission system operator or a transmission system operator
repeatedly the serious breach by any of the conditions of independence
under section 24a of para. 2, section 58b to 58 m or § 58n para. 2 and the measures imposed
The energy regulatory office under this Act, does not remedy the situation. In
otherwise, the certification of the Energy Regulatory Office stops. About
the outcome of the Energy Regulatory Office shall inform without delay the
To the Commission.
section 10 c
(1) the certification of a transmission system operator or service provider.
the transmission system operator controlled by a person or persons from a third country,
initiated at the request of the transmission system operator or service provider.
the transmission system over which it exercises control of the person or persons from a third
a country or a person controlled by a person or persons from a third country which
intends to operate the transmission system or a transmission system.
The Energy Regulatory Office shall inform without delay to initiate the certification
To the Commission.
(2) the Energy Regulatory Office initiates a certification, ex officio
becomes aware of facts that lead to or may lead to the
the person or persons from a third country will gain control of the operator
the transmission system operator or a transmission system operator, and shall inform the
about it to the Commission. If the energy regulatory authority finds
reasons for initiating the certification on the basis of the notification of the operator
the transmission system operator or a transmission system operator under section 10a
paragraph. 3, it shall, within 30 days from the date of receipt of the notification, the Commission and the
transmission system operator or a transmission system operator.
(3) the decision of the Energy Regulatory Office shall be subject to the mandatory
the opinion of the Ministry of industry and trade (hereinafter referred to as "the Ministry")
whether get or the performance of the control by a person or persons from a third
the country of transmission or the transmission system operator may endanger the
security of supply of electricity or gas in the Czech Republic and the European
the Union. The Ministry will issue a binding opinion within 2 months from the date of delivery
application the Energy Regulatory Office on its release. Issue
Ministry of binding opinion within the time limit referred to in the second sentence, the
get or the performance of the control by a person or persons from a third country over
the operator of a transmission or transmission system does not compromise safety
the supply of electricity or gas in the Czech Republic and the European Union. Binding
the opinion of the Ministry issued on the basis of the assessment
and) the rights and obligations of the European Union in relation to the third country or countries,
arising from international law, including agreements concluded with one
or several third countries to which the European Union is a Contracting Party, and
governing the safety of energy supplies,
b) rights and obligations of the United Kingdom in relation to a third country, or
countries, resulting from the agreements concluded with that third country or
countries,
(c)) other facts or circumstances worthy of special attention.
(4) the Energy Regulatory Office shall draw up the concept of propositional parts
decision and rationale within 4 months from the date of certification and
It shall notify the Commission of the Ministry and a participant in the proceedings. Before the announcement
This concept of the Commission to the Energy Regulatory Office participant
the proceedings are express to it. At the same time with the announcement of the concept of propositional parts
the decision and the justification of the Energy Regulatory Office shall request the Commission to
issue an opinion on whether the
and) the applicant or the transmission system operator or the operator
the transmission system meets the conditions of independence under section 24a of para. 2
or section 58a to 58n,
(b)) granting the certificate of independence will not endanger security of supply
electricity or gas to the European Union.
(5) if the Commission has the opinion within two months from the date of receipt of the request for
its issue or within 4 months in the case that the Commission will ask for comments
Agency for the cooperation of energy regulators (hereinafter referred to as
"The Agency") ^ 20), the authorities of the other Member States or of the person concerned,
, has no objection to the concept of the part of the decision and the justification of propositional
objections.
(6) the Energy Regulatory Office shall issue a decision on the case within 2 months from the date
the date on which he received the opinion of the Commission, or when the time limit for issuing the opinion
The Commission has expired. In doing so, as far as possible take into account the opinion of the Commission.
(7) the Energy Regulatory Office shall grant a certificate of independence, if
in the case of certification application the applicant proves that meets the conditions
independence under section 24a of para. 2, section 58b to 58 m or § 58n para. 2, and
at the same time, it was found that the acquisition of or the performance of the control by a person
or persons from a third country of transmission or transport
the system does not compromise the security of supply of electricity or gas in the Czech
Republic and the European Union.
(8) certification initiated ex officio, the Energy Regulatory Office
certificate of independence unless it is shown that an operator
the transmission system operator or a transmission system operator does not meet the
one of the conditions of independence under section 24a of para. 2, section 58b to 58 m
or § 58n para. 2, or due to changes of a person or persons from a third country
exercising control over a transmission system operator or
the transmission system operator, or other significant changes
circumstances may endanger the security of supply of electricity or the
gas in the Czech Republic and the European Union, otherwise the energy regulatory
certification authority stops. The decision of the Energy Regulatory Office is
subject to the mandatory opinion of the Ministry; the provisions of paragraph 3 shall
apply mutatis mutandis.
(9) an ordering part of the decision and the Energy Regulatory Office
opinion of the Commission the Energy Regulatory Office shall publish in the manner
allowing remote access and in the energy regulatory bulletin. If
Energy Regulatory Office decided differently from the opinion of the Commission,
It also publishes of the decision.
20) European Parliament and Council Regulation (EC) no 713/2009 of 13 July.
July 2009 establishing an agency for the cooperation of energy
regulators. ".
22. in paragraph 11 (1) 1 (b). (e)), the words "to the Ministry of industry and trade
(hereinafter referred to as "the Ministry") shall be replaced by "Ministry".
23. in paragraph 11 (1) 1 (b). l), after the words "the law", the words "and
other legislation ".
24. In paragraph 11, the dot at the end of paragraph 1 is replaced by a comma and the following
the letter m) is added:
"m) have to carry out its rights and responsibilities available the necessary human,
technical and financial resources. ".
25. In article 11, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) the holder of a licence for the production of electricity, gas production, trade
electricity or gas trade is to be kept for 5 years
details of the settlement under contracts concluded with participants in the wholesale market
with electricity or gas, with the transmission system operator,
transmission system operator or operators of gas reservoirs
the purpose of which is the supply of electricity or gas or derivatives
related to the electricity or gas, and upon request of these bodies held
information to provide.
(4) the holder of a licence for the transmission of electricity, electricity distribution, transport
gas or gas distribution and the holder of the licence to the operator's activities
the market is required to perform the tasks needed to carry out elections or changes
supplier of electricity or gas, if such a right is exercised.
Exercise of the right to a change of the supplier of electricity or gas in violation of the
the terms of their contract with an existing supplier
electricity or gas is without prejudice to the liability of the customer caused
damage. ".
The former paragraph 3 shall become paragraph 5.
26. in section 11 is added to § 11a, which including the title reads as follows:
"§ 11a
Some of the measures for the protection of the customer
(1) the holder of a licence for the production of electricity, gas production, trade
electricity or gas trade is required to publish in the manner
allowing remote access to applied conditions of gas supplies and prices
for the supply of gas to households and entrepreneurial natural persons with annual
gas consumption to 630 MWh of electricity supply conditions and prices for
the supply of electricity for household or entrepreneurial natural persons
for electricity from low-voltage levels. Changes in the prices for the supply of
electricity or gas or change other conditions of electricity supply or
gas is the holder of the licence shall publish, not later than 30 days before the date of
their effectiveness.
(2) If a natural person, the contract business, which
the subject is the supply of electricity or gas, outside the rooms common to
the business licence holder, the provisions of § 57 of the civil code, the
apply, mutatis mutandis.
(3) if the licensee Increases on electricity trade, gas trade,
the production of electricity or gas production price for the electricity or gas
or if the other contractual terms and conditions, the customer is entitled to without putting
reason to withdraw from the contract within 3 months from the date of the price increase or change
other terms and conditions. This does not apply if the holder of the licence shall notify the
the customer price increase or other change in the terms and conditions
no later than 30 days before the date of their efficiency and at the same time the customer
Learn about his right of withdrawal from the contract. In this case, is
the customer shall be entitled to, without cause, withdraw from the contract at the latest 10
days before the date of the price increase or other change in the contractual conditions.
(4) the withdrawal referred to in paragraph 3 is effective as of the last day of the calendar
the month in which it was delivered to the appropriate licensee, unless the
the customer later effective date of withdrawal. Exercising the right to
the withdrawal must not be associated with any financial claims against the
to the customer. The resignation, which was made within 3 months of
the effectiveness of a price increase or other change in the contractual conditions and less than
10 days before the end of the month, is effective on the last day
of the calendar month following the month in which the
the resignation forwarded to the competent licensee.
(5) for the negotiation of the price increase of electricity or gas or other changes
terms and conditions to which it is not according to the contract concluded with the
the customer should be the explicit expression of will of the customer, or is the manifestation of the will
customer associated with the mere lapse of the time limit, shall apply mutatis mutandis
the provisions of paragraphs 3 and 4.
(6) the holder of a licence for the production of electricity, electricity trade, production
gas or gas trade is obliged to allow customers to
neznevýhodňující the selection of the method of payment for the supplied electricity or gas.
(7) if the holder of the licence fee will be charged on the trade with electricity, gas trade,
the production of electricity or gas production advance payments for the supply of electricity
or gas, is obliged to provide advance payments to the extent of consumption for the
the previous comparable accounting period, but not to the extent reasonably
the estimated consumption of electricity or gas to the following posting
period. ".
27. in article 15, the following new section 15a, which including the title reads as follows:
"§ 15a
The provision of information to the authorities of the State administration
(1) the holder of a license or other legal person or natural person-entrepreneur
person are required to provide to the Ministry, the energy regulatory
the Office and the State Energy inspection on written request by the
a reasonable time is complete, correct and truthful documents and information necessary
for the performance of their responsibilities under this Act.
(2) the licensee is also required to provide the Commission, at the written
request within the time limit laid down her full, correct and true data and
the information necessary for the exercise of its competence in the area of certification.
(3) when requesting documents and information shall be the Ministry of Energy,
regulatory authority or the State Energy inspection of legal reason and purpose
request documents and information, and learn about the possibility of the imposition of fines in the
the case of non-compliance. ".
28. in section 16 a) and (b)):
"and the State authorization) issues for the construction of electricity generating stations and on
the construction of selected gas devices according to the conditions stated in the
the special part of this Act,
b) handles the State energy concept and the national action plan for the
energy from renewable sources ".
29. in paragraph 16 (a). (d)) of the introductory part, the words ' the provisions of the European
Community (hereinafter referred to as "the Commission") ' shall be deleted.
30. In paragraph 16 (a). (d)), the following paragraph 12, which read: "12. investment
projects in energy infrastructure, ".
31. in paragraph 16, subparagraph (e) at the end of the text), the words "and the new
storage capacity of the stack gas ".
32. In paragraph 16, at the end of the letter h) dot is replaced by a comma and the following
the letters i) to p), including footnotes, No 21:
"i) passes the message on the security of gas supply to the Commission,
(j)) ensures that the out-of-court settlement of disputes in the energy sectors,
the introduction of intelligent analysis) handles measuring systems in the
electricity industry and gas industry,
l) cooperate with the competent authorities of the other Member States for the
to provide support for regional and bilateral solidarity for
ensuring the safe and reliable supply of electricity and gas,
especially in times of State of emergency or of its prevention,
m) tracks
1. compliance with the requirements on safety and reliability of electricity supply and
the gas system and reviewing the results achieved,
2. investments in new capacities in relation to security of supply
electricity and gas
3. the implementation of the adopted protection measures in the electricity sector,
gas and heating plants in the case of an emergency, the State of prevention
emergency and the removal of its consequences, of a sudden crisis in the energy market, in
the case of a threat to the safety of persons and installations and a threat to the integrity of the
energy systems,
n) produces a binding opinion on its investment plans
the transmission system operator and the transmission system operator,
about) passes to the Energy Regulatory Office and the State energy
inspection of the information and data necessary for the performance of their responsibilities,
p) is the competent authority for the implementation of the measures provided for by the regulation on
measures to safeguard security of natural gas supply ^ 21).
21) European Parliament and Council Regulation (EU) No 994/2010 of 20 September.
October 2010 concerning measures to safeguard security of gas supply and the
repeal of Council Directive 2004/67/EC ".
33. In § 17 paragraph 3 to 12 including the footnotes # 2a, 2b and 22
shall be added:
"(3) in the performance of the scope of the Energy Regulatory Office shall proceed
independent and subject only to the laws and other legislation.
The Energy Regulatory Office shall not in the exercise of its competence to receive or
require instructions from the President of the Republic, the Parliament of the Czech Republic,
Government or from any other authority of the Executive power or physical or
of the legal entity. The Energy Regulatory Office shall proceed to
transparency and predictability of performance of his duties.
(4) the Energy Regulatory Office, in particular, protects the legitimate interests of the customer
and consumers in the energy sectors. In the scope of the energy
regulatory authority is to regulate prices, support of competition in
energy sectors, supervision of markets in energy
sectors, promoting the use of renewable and secondary energy sources
support for the combined production of electricity and heat and protect the interests of customers
and consumers in order to satisfy all reasonable requests for
energy supply and protection of the legitimate interests of the holders of the licences for which
activities subject to regulation. The Energy Regulatory Office shall ensure that the scope of the
regulatory authority and of the authority concerned and the competent authority in accordance with
The regulation on conditions for access to the network for cross-border trade in
electricity ^ 2a) and the Regulation on conditions for access to the natural gas
transmission networks ^ 2b) and the regulatory authority in accordance with the regulation on
measures to safeguard security of natural gas supply ^ 21).
(5) the energy regulatory authority within the limits of their jurisdiction, supports the development of
internal market in electricity and gas markets within the European Union and the development of
regional energy markets, in cooperation with the regulatory authorities of the other
the Member States supports coordinated allocation of cross-border
capacity building, coordination, making the transmission system in the operating rules
electricity and gas transmission networks.
(6) the Energy Regulatory Office shall decide on the
and, change) the granting renewal or cancellation of a licence,
(b)), to the requirement of supply beyond the scope of the license,
(c) the requirement to provide) in urgent cases, the energy
equipment for performance of the obligation to supply beyond the scope of the license,
d) price controls under the Act on prices,
(e) the temporary suspension of the obligation) to allow access to third parties under
§ 61a,
(f) suspend the obligations of access) for the new gas equipment and
approval of the rules for allocating and managing capacity and control
exceeding the capacity of the new gas equipment in accordance with § 67a,
(g) the granting or cancellation of certificate) the independence,
h) recognition of foreign business persons in the Czech Republic
According to § 7a.
(7) the Energy Regulatory Office on
and disputes about the closure) of the Treaty under this Act between the holder of the
licenses, or between a licensee and the customer, and disputes about the limits
to interrupt or restore the supply or distribution of electricity, gas or
the heat energy because of the unlawful or unauthorized subscription
distribution,
(b)) Decides in disputes relating to fulfilment of the obligations of the treaties between the holders of licences
under this Act, in cases in which it would otherwise have been the decision
the dispute given to the jurisdiction of the Court, unless the powers of the energy
regulatory authority to decide dispute agrees to all of the participants
management,
(c) disputes about the connection) or access to the transmission system or
distribution system, transmission system, gas and mining trays
pipelines, including disputes on access to cross-border transmission capacity
electricity, gas transport or distribution of electricity or gas,
d) decide disputes relating to support of electricity production from renewable
sources or electricity from the combined production of electricity and heat, or
electricity produced from secondary energy sources and disputes about the amount of
refund on dispatching management of production of electricity from renewable
energy sources in accordance with § 26 para. 6,
e) at the request of the Customer Subscriber of electricity or gas for consumption in
home or the customer who is a natural person-entrepreneur,
shall be decided by
1. disputes between the customer and the licensee for the fulfilment of the obligations of the
contracts the object of which is the supply or distribution of electricity, or
gas,
2. to determine whether the legal relationship between the customer and the licensee,
the object of the delivery or distribution of electricity or gas,
originated, it takes or has lapsed,
3. to provide compensation for non-compliance with established standards of quality
supplies and services in the electricity or gas,
(f)) shall be supervised in the energy sectors to the extent referred to in section 18 and
supervision of compliance with the obligations laid down by law for the protection of
consumers in the area of business in elektroenegetice and gas,
g) endorses or lays down the rules of operation of the transmission system and
The rules of operation of the distribution system operators in the electricity sector,
the market operator's terms and conditions, the conditions of employment of the transmission system operator,
The order of the stack gas operator and the order of distribution
system in the gas industry,
h) carries out investigations concerning the functioning of the electricity or gas markets
and in the case of finding flaws imposes measures to ensure proper
the functioning of these markets,
I) approves the development plan of the transmission system operator and transmission development plan
System; approval of the development plan, the transmission system or the development plan
the transmission system operator shall be subject to the issuance of a binding opinion
the Ministry,
j) monitors
1. the application of restrictive or unfair terms in contracts on
market in electricity, gas and heating industry sector, restrictive or
exclusive rights of the customer
2. technical cooperation between transmission or
transmission systems in the European Union and in relation to third countries,
3. the State of competition in the wholesale and retail market
electricity and gas
k) monitors and examines the conditions of access to gas and trays
related services,
l) exposes the recommendations regarding the pricing of electricity and gas for the
household,
m) exposes the annual report the results of monitoring activities in
energy sectors, annual and monthly report on the operation of the electricity
system and gas system in a manner allowing remote access,
n) exposes the reports about the prices of thermal energy including their comparison,
in the breakdown by locations and technical parameters of the production and distribution of
thermal energy,
o) cooperates with the regulatory authorities of the other Member States and the
The Agency shall consult with them made a decision concerning the
cross-border and regional cooperation and provides them with information and other
the necessary assistance for the fulfilment of their tasks,
p) cooperate with the Commission and the Agency, with the Ministry and other
the administrative offices,
q) works with civil associations and other legal entities
established to protect the rights of consumers energy,
r) requires the opinion of the agency or served the complaint Commission for examination
the decision of the other regulatory authorities of Member States of the European Union,
If it considers that a decision of another regulatory authority of a Member State
The European Union is not in accordance with the regulations of the European Union ^ 22) in the area
internal market for electricity or gas.
(8) if the transmission system operator is part of a vertically
integrated natural gas businesses, the Energy Regulatory Office
further
and the provision of information between) monitors the transmission system operator
and other entities that are part of the same group, for the purpose of
determine whether the transmission system operator shall perform the duties
an independent transmission system operator,
b) monitors the contractual relations between the transmission system operator
other entities that are part of the same group, including during the
their performance, and requires records of those relations,
(c)) decides disputes between the transmission system operator and others
persons who are part of the same vertically integrated
the natural gas businesses, where the dispute concerns the obligations imposed
This law,
(d)) carries out investigations at the premises, rooms and means of transport,
that the transmission system operator and other persons who are
part of the same group, are used for their business activities (hereinafter referred to
"trading spaces"),
(e) approve the conclusion of contracts between) the transmission system operator
other entities that are part of the same group,
f) consents to the provision of transmission services
system to another person, that is part of the same vertically integrated
the natural gas businesses,
g) approving the appointment, election and dismissal of the statutory body or a member of
statutory authority and a member of the Supervisory Board by the transmission
system and approves the conclusion of the contract for the performance of the statutory
authority, a statutory authority, or a member of the Supervisory Board and other
the Treaty, which regulates the conditions for the performance of the duties of the Board,
Member of the Board or a member of the Supervisory Board and any change thereof,
h) approving the appointment or other provisions to the function and appeal or
other early termination of the performance of the duties of the auditor of the program of equal
treatment of an independent transmission system operator (hereinafter referred to as
"auditor of the program"), and approving the conclusion, amendment or termination of the contract,
that States the terms of performance of the duties of the auditor of the program, or contract,
establishing an employment relationship auditor program
I) approved the program of equal treatment of independent operators
the transmission system,
j) shall consult the ten-year plan for the development of the transmission system and assesses the
its compliance with those requirements on the realization of investments in transport
system and with the development plan of the system throughout the European Union,
to) decide on the regulation changes or correct a defect of the 10-year plan
the development of the transmission system and lays down a reasonable term to do so,
l) monitors and evaluates the implementation of the ten-year plan for the development of transport
system and shall decide on the introduction of measures to carry out the investment in
the transmission system.
(9) the Energy Regulatory Office issued by the energy regulatory bulletin, in
which publishes, in particular pricing decision. Energy Regulatory Office
secures release of energy regulatory bulletin through
Portal of the public administration. On the day of its publication in the energy regulatory
Journal of the day is the release of the appropriate amount of energy regulatory
the journal referred to in the header through the portal public
Administration.
(10) the Energy Regulatory Office shall submit annually to the Chamber of Deputies
the Chamber of deputies of the Czech Parliament, the Commission and the agency report on its
activities and the Government and the House of representatives a report on the economy. In the message,
on the activities of the Energy Regulatory Office shall also indicate the measures taken in the
the performance of the activities of the Energy Regulatory Office and the results obtained,
the results of the assessment of the compliance of the transmission system development plans and plans
the development of the transmission system with the system development plans for the entire European
the Union under regulation on conditions for access to the network for cross-border
electricity trade and Regulation on conditions for access to the natural gas
transmission systems and the results of the investigations carried out concerning the
the functioning of the markets for electricity and gas. Report on its activities
The Energy Regulatory Office shall publish.
(11) the energy regulatory office regulates the prices for electricity and
distribution of electricity, under system services, prices for gas,
distribution of gas, the price for the market operator's activities and the price of electricity and
gas supplier of last resort. The Energy Regulatory Office is
authorized on a proposal from the transmission system operator may decide to
a different technique, the prices for international transport of gas based
on the way to market. The Energy Regulatory Office may also regulate prices
the heat energy.
(12) the Energy Regulatory Office may, in addition to the activities referred to in
paragraph 11 to decide on the price of other control activities carried out by
the transmission system operator, and transmission system operator,
distribution system operator or the market operator's activities,
related to the transmission of electricity, gas, transportation, distribution
electricity or gas or the market operator's activities, if it is
necessary to ensure the reliable and safe operation of the power or
the gas system, ensuring non-discriminatory access of participants
market in electricity and gas system or if the market is vulnerable to
the effects of the restriction of competition or if required by extraordinary market
the situation.
2A) European Parliament and Council Regulation (EC) no 714/2009 of 13 July.
July 2009 on conditions for access to the network for cross-border trade in
electricity and repealing Regulation (EC) No 1228/2003.
2B) European Parliament and Council Regulation (EC) no 715/2009 of 13 July.
July 2009 on conditions for access to the natural gas transmission networks
and repealing Regulation (EC) no 1775/2005.
22) Article. 39 of Directive 2009/72/EC.
Article. 43 directive 2009/73/EC ".
34. In paragraph 17, the following paragraph 13 and 14 shall be inserted:
"(13) an employee assigned to the energy regulatory office or
a person in a legal 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
the fact constituting the subject-matter of trade secrets or confidential
the information that is required to preserve secrecy about them. This obligation takes
even after the termination of employment or other relationship to the energy
the regulating authority. Confidentiality obligation shall not apply if such persons
serves about such facts and data, the testimony of the prosecuting authorities
criminal proceedings or in proceedings before the Court, or if the challenge
These authorities or the Court serves a written statement. The violation of the
confidentiality is the provision of information and data
The Commission, the Agency, regulatory authorities of the Member States, the Ministry,
other administrative authorities and the market operator for the purposes of the performance of their
the scope of or obligations and for the fulfilment of the tasks of the energy regulatory
the Office. In this case, the beneficiary is obliged to ensure the same level of
confidentiality of information and data forwarding.
(14) the energy regulatory authority passes to the Ministry and the State
energy inspection of the information and data necessary for the performance of their
scope. ".
35. In section 17b para. 2 the term "Government" shall be replaced by the words "the President of the
the Republic on the proposal of the Government "and the number" 5 "shall be replaced by the number" 6 ".
36. In section 17b, paragraph 3 reads:
"(3) the President of the Energy Regulatory Office appoints and removes the
a Vice-Chairman the Energy Regulatory Office. If the President appoints more
the Vice-Presidents, shall determine the order of their representation. The Vice-President shall represent the
a President in full at the time of his absence or at the time when
It is not the function of the President, and shall perform other duties in accordance with the decision of the
of the President. The Vice-President can be appointed only one who meets the
prerequisites for the appointment of the President of the Energy Regulatory Office
in accordance with paragraph 4. ".
37. In section 17b para. 7, the words "the President of the Government" shall be replaced by
"The President of the Republic the President."
38. in section 17b, the following new section 17 c-17f, which including the following titles:
"§ 17 c
Cooperation with the Office for the protection of competition
(1) the Energy Regulatory Office and the Office for the protection of competition
provide each other feedback, information and other forms of cooperation
necessary for the performance of its tasks. When forwarding information to the recipient is
required to ensure the same level of confidentiality as relying.
(2) the Energy Regulatory Office shall inform the Office for the protection of
the competition for the
and the negotiations of market participants,) which may be reasonably considered that interfere with
or restrict competition or to such restriction or distortion
lead,
(b)), the application of restrictive or unfair terms in contracts on
the market for electricity, gas or heating plants, industry
(c)) ways of pricing of electricity, gas and heat energy for
household.
(3) the scope of the Office for the protection of competition is not this Act
without prejudice to the.
§ 17 d
The fee on the activities of the Energy Regulatory Office
(1) the participants in the electricity market and gas market participants, who in
accordance with the price pays for the clearing rules of the market operator,
are required at this price to pay a special fee. This fee is
State budget revenue, the chapters of the Energy Regulatory Office.
(2) the rate of the fee is 2 €/MWh of electricity and 1 CZK/MWh for gas.
(3) the annual amount of the fee shall be determined as a multiple of the rate referred to in paragraph 2
and total consumption of electricity and gas in the Czech Republic for the calendar
year preceding the calendar year in which the proposal is drawn up
Energy Regulatory Office budget chapter for the following
the financial year for which the electricity market participants and market participants
gas paid in accordance with the pricing rules price for clearing
the market operator.
(4) the total consumption of electricity and gas in the Czech Republic according to the
paragraph 3 of the Energy Regulatory Office shall publish by 30. June
calendar year in the form of a communication in the statute book.
(5) the market operator is in the course of the year shall be a charge on the
the revenue account of the State budget before the 10th day of the calendar month in
equal to one twelfth of the annual fee provided for under paragraph 3.
The difference between the income and expenditures of the fee in a given year is the market operator
into account in the formation of prices for clearing.
(6) the administration fee shall be exercised by the Energy Regulatory Office.
section 17e
Disclosure and consultation
(1) the Energy Regulatory Office exposes the
and) the organisational structure of the Energy Regulatory Office, including
the scope of the individual departments,
b) final decisions issued by the energy regulatory office upon
the performance of supervision in the energy sectors, and supervision in the field of the protection of
consumers in the field of business in the electricity and gas industry,
(c)) other final decisions of the Energy Regulatory Office, if
have the law of fundamental importance,
(d)) the opinions of the Energy Regulatory Office of interpretation of provisions of the
legislation in the area of its competence, which takes into account in its
the decision-making activities,
(e) the results of the monitoring activities in) energy sectors,
(f)) code of ethics employees enrolled in the energy regulatory
the Office.
(2) the Energy Regulatory Office shall, in the exercise of its competence shall
consult
and policy design) price regulation and suggestions of price decision
(b)) a proposal from the transmission system operating rules, operating rules
the distribution system, the order of the transmission system operator, the order of
distribution system operator, the order of the stack gas operator
and the terms and conditions of the market operator or suggestions for changes,
(c) a 10-year development plan) transmission system
(d) other proposals) measure or practice the Energy Regulatory Office,
If the obligation of consultation required by this Act, other legislation
or directly applicable provision of the European Union or if Energy
the regulatory authority shall decide.
(3) for the purposes of the consultations referred to in paragraph 2, the Energy Regulatory Office
shall establish and manage a discussion where a manner allowing remote
access exposes the proposals for measures, allows the submission of comments and
will publish the results of the consultation. The Energy Regulatory Office shall
the rules for the conduct of consultations on a discussion site, if they are not
established by this Act, other legislation or a directly applicable
the EU regulation.
section 17f
Relationship to the Chamber of deputies of the Parliament of the United Kingdom
(1) the Energy Regulatory Office shall submit to the Chamber of deputies of the Parliament
The Czech Republic (hereinafter referred to as "Chamber of Deputies"), after discussion in the Government
report on the activities (§ 17 para. 10). On-demand is the energy regulatory
the Office of the Chamber of deputies must provide explanations and additional
information on the content of the report on the activities. Consideration of reports on the activities in the
The Chamber of deputies or the designated authorities shall be obliged to take part in the
the President of the Energy Regulatory Office.
(2) dealt with the Chamber of deputies or a matter falling within the
the scope of the Energy Regulatory Office, shall be entitled to
to request participation at the hearing of the President of the Energy Regulatory Office.
The Energy Regulatory Office is obliged to provide the Chamber of Deputies
or her authority to the present case, the opinion and the necessary information
or explanation.
(3) on the request of the Chamber of deputies or the designated authority is the energy
the regulatory authority shall, within 30 days of the request, with information on
upcoming arrangements in the area of regulation and provide to them
the necessary information and explanations.
(4) the provisions of paragraphs 2 and 3 shall not affect the obligation of confidentiality
According to § 17 para. 13. ".
39. section 18 including the title reads as follows:
"section 18
Supervision in the energy sectors
(1) the Energy Regulatory Office shall exercise supervision over compliance with
and this law in the sectors) electricity, gas and
heating plants and the obligations laid down by the law on the protection of consumers in
the electricity and gas industry,
(b)) of the Act on prices in the range according to the competence of the bodies of the Czech
States in the field of prices,
(c) the Regulation of the conditions) access to the network for cross-border trade in
electricity, the regulation on conditions for access to the natural gas transmission
networks and Regulation concerning measures to safeguard security of supply
natural gas and the directly applicable regulations issued on the basis thereof
or for their implementation,
d) obligations arising from the decision of the Commission or the Agency issued
based on the legislation referred to in subparagraph (c)) or obligations
resulting from the decision issued by the Energy Regulatory Office
According to § 18 para. 3 or § 18a para. 3.
(2) the Energy Regulatory Office performs checks on its own initiative
or at the request of the Ministry. If the Energy Regulatory Office (FVO)
check on a proposal from the Ministry is obliged to acquaint with the results
checks and pass it the Protocol on inspection.
(3) the energy regulatory authority on the basis of the findings of violations of the laws and
the provisions referred to in paragraph 1 or of the infringement of the decision
The energy regulatory office or Commission decision or agency
stores
and) fines,
b) corrective measures, the purpose of which is to delete the offending
the State shall set a reasonable time limit, or other necessary conditions to ensure
their fulfilment; the obligations resulting from the measure to remedy the originators
the infringement shall pass to his successors in title. If
successors more, responsibility for the fulfilment of the obligations arising from the
measures to address jointly and severally.
(4) in the exercise of control of the Energy Regulatory Office is governed by the
State control, unless this Act provides otherwise. In the exercise of control
in the energy sectors of the Energy Regulatory Office shall be entitled to
a) to the extent necessary to enter or enter on foreign
land or to enter into buildings used for business activity
a licensee or persons on the basis of the power of attorney or contract
concluded with the licensee of carrying out activities associated with the rights and
obligations of the holder of the licence, to carry out the obligations laid down there
This law,
(b)) to require persons referred to in subparagraph (a)) with the necessary information,
documents, records, data on storage media, data and written or oral
explanation and require clarification from them any facts
relating to the subject matter of the inspection,
(c)) require the submission of records, reports or related data
transmitted through electronic communications networks between persons
referred to in point (a)), and relating to the subject of the inspection,
(d)) to perform a control under other legislation by the persons referred to in
subparagraph (a)); The Energy Regulatory Office may to conduct inspections
invite other persons; přizvaná person has the obligation of secrecy in the
same extent as an employee of the Energy Regulatory Office and for the
her actions is equivalent to the Energy Regulatory Office.
(5) the licensee and the person who, on the basis of the power of attorney or contract
concluded with the licensee carries out activities related to the rights and
obligations of the holder shall be obliged to allow the energy
the regulating authority to exercise his privileges in accordance with paragraph 4. In the case of
spot checks on performance are further required to provide Energy
regulatory authority or his designee the necessary cooperation, especially
on request without delay to allow access to his premises. ".
40. under section 18 the following new section 18a and 18b, which including the following titles:
"§ 18a
The investigation into the functioning of markets for electricity or gas and
deciding on the imposition of measures
(1) the Energy Regulatory Office shall investigate the electricity markets
or gas in order to determine whether there is effective in these markets
competition.
(2) for the purposes of the investigation, the Energy Regulatory Office shall seek the observations
The Office for protection of competition of the Ministry and the Czech national
the Bank, if it is appropriate and effective.
(3) if the result of the investigation, finding that the electricity market, or
gas there is no effective competition, and the decision in the case
It is not the competent authority for the protection of competition, energy
regulatory authority decision in administrative proceedings or measures of General
the nature of the measures, taking into account the circumstances of the best
will lead to the removal of the causes of such a State. Energy Regulatory Office
measures under the first sentence in the form of the measures of a general nature in
If you cannot save the measures by decision of a specific person.
Persons whose rights or legitimate interests may be
measures of a general nature are only license holders and the persons
established for the purpose of organization of stock exchange trades with electricity or
gas or derivatives related to electricity or gas.
(4) if the reasons for which the Energy Regulatory Office measures
order the Energy Regulatory Office shall decide to amend or
cancellation, where appropriate, shall determine the period when the measures imposed shall be extinguished.
section 18b
On-spot investigations at the business premises
(1) if the Energy Regulatory Office of the investigation on the electricity market
or gas, is a participant in the market for electricity or gas shall be obliged to submit
investigation of the Energy Regulatory Office on the business premises.
(2) if appointed an independent transmission system operator, are
the transmission system operator and others who are part of the
the same group, shall be obliged to submit to the investigation of the energy regulatory
Office at the business premises.
(3) in the context of the on-spot investigation at the business premises are employees
The Energy Regulatory Office, or other energy regulatory
the authority of an authorised person, are entitled to
and) enter into premises of persons for which the investigation is in progress,
(b)) to verify whether, in the case of documents and records a business
records,
(c)) access to business records that are in the business premises
are or are accessible, regardless of the form in which
are stored,
(d)) to take or obtain in any form copies of or extracts from
business records,
e) to seal business premises or cupboards, the Clipboard, or business
records are located at the time and to the extent necessary for the implementation of
the investigation,
(f)) to require persons in respect of whom an inquiry is in progress, and the people in the
employment or other similar relationship to them, where appropriate, the persons
have been mandated to carry out for the benefit of activities related to the
the subject of the investigation, to the extent necessary for the implementation of
the investigation, as well as the explanation for business records.
(4) persons for whom on-spot investigations at the business premises is in progress,
are required to provide to the energy regulatory office in the implementation of the
the investigation the necessary assistance for the performance of his entitlement under paragraph 3 and
the exercise of these privileges.
(5) for the purpose of on-spot investigations at the business premises are employees
The energy regulatory office the authority to ordain to the premises
access, open closed cabinets or the Clipboard, or other
way to access business records. Each, in which the object
such commercial premises are located, is obliged to submit to an investigation in
these areas; If you fail to comply with this obligation, are employees of the
The Energy Regulatory Office shall be entitled to regularize access to them.
(6) prior to the initiation of the investigation on the spot at the business premises in writing
the Energy Regulatory Office shall inform the person in the business premises
the investigation is to take place on the spot, the legal basis and the purpose of the investigation and instruct her
about its rights and duties under this Act, including the ability to
Save fine. ".
41. In section 19(a)(1). 1 the words "strictly necessary" are replaced by the words "effectively
incurred "and after the word" ensure "with the words" reliable,
safe and ".
42. In article 19(a)(1). 1, the third sentence is replaced by the phrase "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). ".
43. In article 19(a)(1). 4, second and third sentences deleted.
44. In section 20 (2). 1, after the words "customer points", the words "and
the holder of the license on the market operator's activities ".
45. In section 20a para. 4 (b). (d)), p) and (q)), section 20a para. 5 (b). (b)), § 56
paragraph. 1 (b). (d)), § 58 para. 1 (b). and, § 58 paragraph 1). 8 (a). u), § 59
paragraph. 1 (b). (c)), § 61 para. 1 (b). (c)), § 61 para. 4 (b). I) and section
64 para. 3, the word "underground" is deleted.
46. In section 20a para. 4 (b). q) with the word ' five ' is replaced by
"10-year" and § 58 para. 8 (a). k) with the word ' five ' is replaced by
the word "ten years".
47. In paragraph 2 of article 23. 2 the letter q):
"q) to equip the factory electricity with 100 kW installed power, and more
a device allowing supervisory control of electricity production and maintain
This device in working order; This obligation shall not apply to
the production plants of electricity renewable electricity for the first time
put into service by the year 2000 about the power of up to 10 MW, including and
the flow-through small water power stations with an installed power of up to 10 MW
including, ".
48. In article 23, the following paragraph 3 is added:
"(3) the manufacturer is not responsible for the deviation arising in connection with
control the management of electricity production according to § 26 para. 5. ".
49. In § 24 para. 1, letter a) is added:
") provides a secure, reliable and efficient operation, reconstruction and development
the transmission system operator and transmission system link with other systems,
and to this end provides support services and long-term ability
the transmission system to meet reasonable demands for the transmission
electricity, cooperates with the operator of the interconnected transmission systems
and works on the integration of the internal European electricity market, ".
50. in paragraph 24, at the end of paragraph 1, the period is replaced by a comma and the following
letters e) and (f)), which read as follows:
"e) participates in the balancing mechanism and shall be conducted in accordance with the payment
the balancing mechanism between transmission system operators in
accordance with the regulation on conditions for access to the network for cross-border
electricity trade and while maintaining the safety and reliability
the transmission system provides cross-border transmission of electricity to the participants
electricity market,
(f)) in the case of an existing or impending lack of transmission capacity
the system informs the electricity market participants on the basis of
their request for the reasons for which the electricity transfer did not take place. ".
51. In section 24 paragraph 2 reads as follows:
"(2) the transmission system operator shall not hold other licenses
granted under this Act, other than a licence to transport electricity. ".
52. In § 24 para. 3 (b). (c)), point 8 and § 24 para. 3 (b). (d)), point 8,
the word "people", the word "or" is deleted.
53. In § 24 para. 3 (b). (c)) at the end of paragraph 9 the following the word "or", and
point 10 is added:
"10. in consequence of the restriction or interruption of electricity transmission operator
the interconnected transmission systems ".
54. In § 24 para. 3 at the end of subparagraph (d)) the following paragraphs 10 and 11, which
shall be added:
"10. in consequence of the restriction or interruption of electricity transmission operator
the interconnected transmission systems, or
11. in the implementation of dispatching control pursuant to section 26 paragraph 1. 5, ".
55. In § 24 para. 3 (b). (f)), after the word "creation" is inserted after the word ",
renewal "and the word" operation ", the word" device "is deleted.
56. In paragraph 24, at the end of paragraph 7, the words "or when you
dispatching control of electricity production from renewable energy sources
pursuant to section 26 paragraph 1. 5. "
57. In § 24 para. 10 (a). a) after the word "threat", the words
"the safe and".
58. In § 24 para. 10 Letter j) is added:
"j) annually to handle the development plan of the transmission system, including
the investment in the range according to § 58 k of paragraph 1. 3 and after its approval to
publish; the provisions of paragraph d of paragraph 1. 5 shall apply mutatis mutandis. "
59. In § 24 para. 10 (a). about), § 25 para. 11 (a). n), § 58 para. 8
(a). r) and section 60 paragraph. 8 (a). about), after the word "secrets"
the words "and other commercially sensitive information".
60. In § 24 para. 10 the letter w):
"w) to provide to all participants in the electricity market information relating to the
the operation of the Czech transmission system necessary for the proper functioning of the market
electricity; This obligation is without prejudice to the obligation of the operator
confidentiality of the transmission system by the letter o), ".
61. In § 24 para. 10 letter x):
"x) for manufacturers, whose production is directly connected to the transmission
system, contributions to the price of electricity from cogeneration
heat and or produced from secondary sources. ".
62. section 24a including title:
"§ 24a
Ownership separation of the transmission system operator
(1) the transmission system operator must be your companion
structure independent of the production of electricity or the production of gas or
trade in electricity or gas.
(2) in order to ensure the independence of the transmission system operator must
be subject to the following conditions of independence:
and the transmission system operator) is the owner of the transmission system,
(b)) over a transmission system operator or over its undertaking
does not directly or indirectly control a person or group of persons
acting in concert, or that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with a gas or
in relation to them are applying the other right,
2. generates electricity or gas or electricity or deal with
gas,
(c)) in relation to the transmission system operators shall not exercise any
another right person or group of persons acting in concert, or
that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with gas,
2. generates electricity or gas or electricity or deal with
gas,
(d) the transmission system operator)
1. alone or acting in concert with other persons does not directly or
indirectly control by the manufacturer or by the manufacturer of the gas or electricity over
trader or dealer with a gas or in relation to them
other law does not apply,
2. does not produce electricity or gas or electricity or not dealt with
gas,
e) members of the statutory body, the members of the Supervisory Board, the Chief Clerk or members
another body of the transmission system operator specified in the statutes is not
entitled to appoint, elect or otherwise, appoint a person or group of persons
acting in concert, or that
1. exercise control over the electricity producer, producer gas,
trader or dealer with a gas or in relation to them
apply the other right,
2. generates electricity or gas or electricity or deal with
gas,
(f)), a statutory body or a member, a member of the Supervisory Board,
the Chief Clerk or a member of another body of the transmission system operator
specified by the statutes shall not be a person who is a member of the Supervisory Board,
a statutory body or a member of the statutory body, authorized signatory or
a member of another company body designated statutes of electricity producers,
gas producers, merchant or merchant's electricity with gas.
(3) if the person or one of the persons referred to in paragraph 2 (a). b), c), or
e) Czech Republic, territorial self-governing unit or other person, public
rights, not the same person two different State authorities, authorities of the
territorial self or other persons of public law, of which the
one performs a check or other right above the transmission
system and the second carries control or other right over by the manufacturer
electricity or gas by the manufacturer or the trader or
a trader with gas. The State authority, the authority of the local government unit
or other person in public law, which exercises control or other
right of producer of electricity, gas producer, trader
or gas trader, must be independent of the public authority, the authority
territorial self or another person of public law, that
performs a check or other right above the transmission
the system.
(4) the conditions of independence referred to in paragraph 2 shall be deemed to be fulfilled and the
If the transmission system operator shall participate in establishing the
the legal entity for the operation of transmission systems in one or
more States or such a person gets to participate, and to undertake such a person
the transmission system to operate the service, along with other transmission
systems. This does not apply if the business of the legal entity
based in order to operate the transmission system under the preceding sentence
participate in other persons who were not by the competent authorities of the Member States
intended as a just separation of the transmission system operators or
the independent transmission system operators.
(5) a producer of electricity or electricity trader, manufacturer of gas,
a trader with gas must not act alone or in concert with other persons
to acquire or to exercise direct or indirect control over a provider
the transmission system, or in relation to it to exercise the voting right
associated with the ownership of a share in the transmission system operators,
set up or dismiss members of the Supervisory Board, the statutory body or
its members, or owning a majority stake.
(6) other right referred to in paragraphs 2 and 3 shall mean, in particular,
and the) right to exercise the voting rights in the company,
(b)) the ownership of the securities, the aggregate nominal
value exceeds 50% of the share capital of the company,
(c)) the right to appoint, elect or otherwise appoint and dismiss the members of the supervisory
the Council, the members of the Board, members of another body of the company
specified in the statutes or representative. ".
63. In article 25, paragraph 2 shall be deleted.
Paragraphs 3 to 13 shall become paragraphs 2 to 12.
64. In § 25 para. 3 (b). (c)) at the end of section 7 and section 25 para. 3 (b). (d))
at the end of paragraph 8, the word "or" is deleted.
65. In § 25 para. 3 (b). (c)) at the end of paragraph 8 of the following word "or", and
point 9 is added:
"9. the electricity off, when a customer repeatedly without good reason
did not allow access to the measuring device or neměřeným parts of the sampling
electrical equipment, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
way called upon ".
66. In § 25 para. 3 at the end of subparagraph (d)) the following paragraphs 10 and 11, which
shall be added:
"10. in implementing the dispatching control pursuant to section 26 paragraph 1. 5, or
11. If the manufacturer did not allow the electricity repeatedly without good reason access
to the measuring device, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
way called upon ".
67. In § 25 para. 3 (b). (f)), the word "device" is deleted.
68. In section 25 is at the end of paragraph 7, the words "or when you
dispatching control of electricity production from renewable energy sources
pursuant to section 26 paragraph 1. 5. "
69. In § 25 para. 10 (a). a) after the word "reliable", the words
"safe" and the words "operation of a distribution system, the following
the words "or the transmission system".
70. in § 25 para. 10 (a). (h)), after the words "to ensure" the words
"safe and reliable operation and".
71. In section 25a of paragraphs 3 to 5 shall be added:
"(3) the distribution system operator shall adopt internal regulation
program of equal treatment to eliminate the discriminatory conduct (hereinafter referred to as
"equal treatment"), which provides for the
and) measures to discriminatory conduct of the operator
distribution system in relation to the electricity market participants, who
they are not part of the same vertically integrated company with
distribution system operator,
(b) the rights and duties of employees) distribution system operator to
fulfill the purposes of the program of equal treatment.
(4) the distribution system operator shall appoint or otherwise occupying the
Auditor program. The distribution system operator shall be obliged to
ensure that the auditor program had created the conditions for an independent
the performance of its functions, in particular, adequate powers to perform its functions and
sufficient material and organizational conditions. The method of remuneration
the auditor may not be to the detriment of the independent performance of his functions.
(5) the Auditor of the program is required to supervise the implementation of the programme of equal
treatment. Auditor of the program processes and presents up to 30. April
the following calendar year to the Energy Regulatory Office and the
the Ministry's annual report on the measures taken to implement the programme
equal treatment for the past year while it exposes the way
allowing remote access. The distribution system operator is
the auditor must provide the program with all the information and supporting documents
necessary for the proper performance of his activities, and provide other necessary
synergy. The distribution system operator shall be obliged to become familiar with the
program of equal treatment of the statutory body or its members, the members of the
the Supervisory Board and all the employees. ".
72. In section 25a, the following paragraph 10 is added:
"(10) the distribution system operator is part of a vertically
integrated company, must act so as to mislead another did not indicate
participant of the electricity market, if it is a possible confusion with
trader or producer of electricity, which is part of the
the same vertically integrated company. ".
73. In § 26 paragraph 1 reads:
"(1) the technical dispatching of the transmission system operator
and) performs supervisory control of electricity transmission in the transmission system and
dispatch resource management providing support services to ensure
system services in the transmission system and distribution systems in
cooperation with the distribution system operator,
(b) ensuring compliance with the rules) the link with the grids
other States, including determining the use of interconnectors
connecting a transmission system with other systems abroad; When
determining the use of interconnectors linking two bit
system with other systems abroad must technical dispatching
the transmission system operator to take account of the technical constraints
the transmission system operator and to interconnected networks abroad,
(c) cooperate in the implementation of dispatching) to control the transport of electricity in
transmission system operators interconnected networks abroad. ".
74. In section 26 para. 2 the term "production" is replaced by "generating stations
electricity ".
75. In paragraph 26, the following paragraph 4 shall be inserted in the new paragraphs 5 and 6, including
footnote # 5a:
"(5) the technical dispatching of the transmission system operator and technical
distribution system operators are flexible in case of danger
safe and reliable operation of the power system and after
available market mechanisms provided by the market operator and the
the transmission system operator shall be entitled to when dispatching management in
to the extent necessary to temporarily restrict the production of electricity in the power plant.
Restrictions on the production of electricity in factories with a combined production of electricity
and the heat can be performed no more than neohrožujícím supplies
heat. Restrictions on the production of electricity in manufacturing electricity from renewable
sources of energy, according to a special law ^ 5a) may be carried out only under the
a refund under paragraph 6.
(6) the transmission system operator or the owner of the distribution
system whose technical dispatching limited when dispatching management
the production of electricity in the production of electricity from renewable energy sources,
is obliged to provide the competent compensation for producers of electricity
neodebranou electricity in the amount corresponding to the total income of the manufacturer to the
costs for electricity, not manufactured or supplied would have reached in the case of
the unlimited production. In the event of a dispute about the amount of compensation shall be decided by the energy
regulatory authority.
5A) Act No. 180/2005 Coll., on aid for the production of electricity from renewable
sources of energy and on amendment to certain laws (law on the promotion of the use of
renewable resources). ".
The present paragraph 5 shall become paragraph 7.
76. In paragraph 28, the dot at the end of paragraph 2 is replaced by a comma and the following
the letter l) is added:
"l) when exercising the right of option of the supplier referred to in paragraph 1 (b). (e))
to comply with the agreed length of the notice period, if it is a fixed-term contract
an indefinite period. ".
77. In section 30 paragraph 2. 2, points (c) and (d))) shall be deleted.
Subparagraph (e)) and m) shall become point (c)) to).
78. In paragraph 30, the dot at the end of paragraph 2 is replaced by a comma and the following
the letter l) and m) are added:
"l) publish the manner allowing remote access checklist
European energy consumers about the rights of the consumer
Commission and published by the Energy Regulatory Office and inform your
customers about the possibility of the European consumer checklist
of energy,
m) in the case of exercise of the right of the customer to change electricity suppliers
inform the customer who submitted the notice of termination of the contract, the object of which is the
the supply of electricity, the date of termination of this agreement, if the information about the
the beginning and the length of the notice period is not included in its business
conditions. ".
79. under section 30, the following new section 30a to 30 d, which including the following titles:
"section 30a
Construction of a plant producing electricity
(1) construction of electricity plants with a total installed electrical
power of 1 MW and more is possible only on the basis of the authorization granted by the State
on the construction of a plant producing electricity (hereinafter called "authorization"). For the total
installed electric power plant electricity generation is considered to be the sum of the
the values of the installed power production units at the connection point to the
the electricity system.
(2) the granting of authorization shall be decided by the Ministry on the basis of a written
request.
(3) the Authorization is granted on the basis of an assessment of the projected plant
electricity
and) compliance with State energy policies,
b) according to the national action plan for renewable energy,
c) accordance with the development plan of the networks,
(d) the location of the production of electricity)
e) used primary energy sources,
(f) the energy efficiency of electricity production),
g) impact on the safe and reliable operation of the power system,
h) financial forecasts of the applicant for the construction of electricity production,
I) the safety of persons and property,
j) security of supply of electricity,
to the expected future) levels of electricity demand,
the impact of electricity production l) to ensure a balance between supply and
the demand of electricity.
(4) the Authorization can be transferred to another person without the consent of
the Ministry provided the fulfilment of the provisions of paragraph 3.
(5) the Ministry is in cases in which grants authorization, the concerned
State authority in land use management.
§ 30b
An application for an authorization
(1) a written request for the granting of the authorization contains
the timetable for the preparation of the construction) electricity production plants containing
the implied terms of the decision on the location of buildings, construction
enable, connect to the transmission system or a transmission system or
the distribution system of electricity or gas distribution system,
Alternatively, begin trial operation and the certificate of occupancy,
(b) basic data on production) of electricity including the installed capacity,
the type of production and energy efficiency,
(c) the expected location of electricity production),
(d)) the data on fuel or other energy sources used
e) representation of the transmission system operator or service provider.
distribution system to provide system services, and about the impact on the
safe and reliable operation of the power system,
f) documents proving the financial prerequisites for the construction of the plant
electricity,
g) data on the nature of the operation of the electricity production and the expected
annual utilization of installed capacity,
h) representation of the market operator on the influence of electricity production to ensure
the balance between supply and demand of electricity and gas and to the fulfilment of the
the objectives of the national action plan for energy from renewable sources.
(2) Financial assumptions means the ability of the applicant to grant a
authorization for the construction of electricity production plants financially secure.
(3) the financial assumptions to prove assets and volume of
the available financial resources, financial statements certified by the auditor
including its annexes in full extent in the case of the applicant in the previous
accounting period exercise business activity.
section 30 c
The decision on the grant of authorization
(1) the decision to grant the authorization contains
and basic information about the production) of electricity including the installed capacity,
the type of production and energy efficiency,
(b) an indication of the location of the plant) of electricity,
(c)) the data on fuel or other used energy sources,
(d) the conditions of validity of the authorization) in particular to ensure support services
including the effects of electricity production on the safe and reliable operation
the electricity system.
(2) the holder of the authorization shall be obliged to immediately notify the Ministry of
any changes to the data referred to in the application for an authorization or any other
relevant facts relating to the granted authorization.
(3) the Ministry keeps records of issued authorization.
section 30 d
Termination of authorization
(1) the Authorization shall expire
and if) the holder of the authorization requests release of spatial
the decision by a special Act, no later than
1. within 3 years from the effective date of the decision granting the authorization for
generating electricity with installed power up to 100 MW, or
2. within five years from the effective date of the decision granting the authorization for
production of electricity with an installed power of 100 MW or more,
(b) in the event of a territorial) proceedings or the refusal of requests for extradition
Zoning decision on the date of acquisition of legal power of such a decision,
(c)) for natural persons, the death or declaration of death, if the holder of
authorization before extradition according to the zoning and planning decision
a special law,
(d)) the release of the bankruptcy decision regarding the assets of the holder of the authorization, or
If the insolvency petition was dismissed because the assets of the holder
authorization is not sufficient to cover the costs of the insolvency proceedings, including
the entry of the holder of the authorization to the disposal, the date of acquisition of legal power
such a decision, or
(e) dissolution of the legal person) who is the holder of the authorization.
(2) the Ministry shall revoke authorization
and for serious non-compliance) of the authorization, or
(b)) on the basis of the holder's application authorization. ".
80. in paragraph 32, the following paragraph 7 is added:
"(7) equipment for the combined production of electricity and heat with an installed
electric power up to 10 MW, could allow for a certain part of the year
separate production of electricity. ".
81. In paragraph 43, the words ' leadership is "the words" in the event that the direct
leadership is electrically connected to the transmission grid or with
distribution system ".
82. In § 47 para. 2, after the words "realignments and Word
"expected".
83. In § 50 para. 1 (b). (c)), after the words "three months" the words
"that starts with the first day of the calendar month following the delivery of
Notice ".
84. In § 50 para. 1 at the end of subparagraph (f)), the comma is replaced by a dot and the
the letter g) shall be deleted.
85. In paragraph 50, the end of the text of paragraph 2, the words "and the measures
taken in the prevention of a State of emergency, a State of emergency, and deleting
the effects of a State of emergency ".
86. In § 50 para. 6 (a). (b)), the word "transfer" shall be replaced by
"distribution".
87. In paragraph 50, the dot at the end of paragraph 6 is replaced by a comma and the following
subparagraph (f)), which read as follows:
"f) measures taken to prevent an emergency, in an emergency, and
removal of consequences of a State of emergency. ".
88. In § 51 para. 1 (b). e) point 1, § 52 para. 1 (b). (d)) and in paragraph 1 of section
paragraph 74. 1 (b). (e)), point 1, the words "which has not recorded" be replaced by
the words "that demonstrably failed".
89. In § 51 para. 1 (b). e) point 3, the words "which has" are replaced by
the words "proven shows."
90. in § 51 para. 1 the letter g) is added:
"g) receiving electricity without contract or a contract of settlement of imbalances,
the object of which is the delegation of responsibility for deviation to the body
the settlement ".
91. In § 53 para. 1, point (e)) repealed.
Subparagraph (f)) is renumbered as paragraph (e)).
92. In § 57 para. 1 (b). (a)) 8 (a). a), section 60 paragraph. 8 (a). k),
§ 62 para. 1 (b). (e)), the word "underground" is deleted.
93. In § 57 para. 8 (a). (c)), after the word "provide" the words
"another producer gas or gas storage operators,".
94. In § 57 para. 8 (a). (e)), section 59 paragraph 1. 8 (a). m), § 60 para. 8 (a).
(g)) and in section 61 para. 2 (a). and) with the word ' five ' is replaced by
"ten years" and at the end of the text, the words "and operators
the transmission system ".
95. In § 57 para. 8 (a). (j)) after the word "connection" with the words "
the exception of demonstrable lack of spare capacity; deny connection
the extractive gas pipeline must be in writing and must be given ".
96. In § 58 para. 1 at the end of paragraph (i)) the following sections 7 and 8, which
shall be added:
"7. If gas customer repeatedly without good reason
did not allow access to the measuring device or neměřeným parts of the sampling
gas equipment, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
in the manner invited or
8. as a result of a restriction or interruption of the transport operator
the interconnected transmission system ".
97. In § 58 para. 8 (a). (b)), the words "in writing" shall be deleted.
98. In § 58 para. 8 (a). (d)), the word "connection" is replaced by
"access to the transmission system" and after the words "spare capacity"
the words "gas or when the threat to the safe and reliable
the operation of the transmission system ".
99. In § 58 para. 8 (a). (e)), after the word "for", the words "connection
and ".
100. In § 58 para. 8 letter s) is added:
"with the development plan process) annually of the transmission system, including
the investment in the range according to § 58 k of paragraph 1. 3 and after its approval to
publish; the provisions of paragraph d of paragraph 1. 5 shall apply mutatis mutandis. "
101. In § 58 para. 8 (a). t), after the word "system", the word "and"
be replaced by a comma and the word "publication" shall be added the words "and exercise
licensed activities in accordance with the order of transmission
the system, '.
102. In paragraph 58, at the end of paragraph 8, the period is replaced by a comma and the following
letters w) to z) are added:
"w) build sufficient cross-border capacity in accordance with the plan
the development of the transmission system and ensuring the infrastructure according to the standard
directly applicable European Union legislation ^ 21),
x) cooperate with other transmission system operators in
regional level, involving two or more Member States in order to
the allocation of transport capacity and the exchange of information relating to
the safety of the operation of the transmission system,
s) offer a separate input and output capacity at the individual
entry points to the transmission system and output points of transportation
system,
from) post separately pay for the input and output capacity on the
each of the entry points to the transmission system and output points
of the transmission system. ".
103. In article 58, the following paragraph 9 is added:
(9) the legal person created for the purpose of the cooperation referred to in paragraph 8
(a). x) is required to adopt and implement the internal regulation of the program
of equal treatment, if the formation or activity of the legal
persons involved in the transmission system operator, which is part of the
a vertically integrated natural gas business. The provisions of § 58i and
58j shall apply mutatis mutandis. ";"
104. section 58a including title:
' paragraph 58a
The separation of the transmission system operator
(1) The transmission system operator, which is part of a vertically
integrated natural gas trader, also apply the provisions of §
58B to 58 m of an independent transmission system operator. This is not a
without prejudice to the right of the transmission system operator to follow
the provisions of § 58n governing ownership separation of transmission
the system.
(2) in addition to the provisions of § 58 is the transmission system operator, to the
which is not covered by paragraph 1, it shall apply the provisions of § 58n. ".
105. in paragraph 58, the following new section 58b-58n, including headings
shall be added:
"section 58b
An independent transmission system operator
(1) an independent transmission system operator must have the legal form of
the joint stock company, limited liability company or the European
the company.
(2) if the independent transmission system operator legal form
joint-stock company,
and) publishes a paper shares or shares in book-entry form,
(b) statutory authority) of its has at least three members, while acting on behalf of
the company shall take place at least two members together; This does not apply,
If the Corporation has the legal form of a European company of monist
the structure,
(c)) the statutes in addition to General requirements laid down in the commercial code
shall also include the adjustment of the basic organizational structure,
the Organization ensure the internal management and control system.
(3) if the independent transmission system operator legal form
limited liability company,
and is obliged to establish) the Supervisory Board,
(b)) has at least 2 of the Manager, with the decision on business leadership
the company requires the consent of a majority of the appointed directors and negotiations
on behalf of the company shall be conducted by at least two managers together,
c) publishes the statutes, which shall also include the adjustment of the basic
the organizational structure, an organization ensure the internal control and
the control system.
(4) statutory authority an independent transmission system operator must
be composed of all senior staff in the Executive control function in the
the top line of the control of an independent transmission system operator.
§ 58c
The provisions of the statutory body or members of the Board
an independent transmission system operator, and their appeal
(1) the Members of the statutory body or statutory authority shall appoint or elect and
dismissed by the Supervisory Board of an independent transmission system operator.
The Supervisory Board also approved the conclusion of contracts for the performance of the duties of a member of
statutory authority or statutory authority, and the conclusion of other agreements,
governing the conditions for the performance of the duties of the Board or
Member of the Board.
(2) the term of Office of the statutory body or a member of the Board
an independent transmission system operator is 5 years. The statutes of the
an independent transmission system operator can shorten the length of the
the term of Office of the statutory body or a member of the Board,
but not more than two years. Revoke a statutory body or a member of
statutory authority before the expiry of the term of Office is possible only from the
because of the gross violations of the obligations connected with the performance of its functions.
(3) The appointment or election and revocation of the statutory body or a member of
the statutory body of the independent transmission system operator according to
paragraph 1 requires approval by the Energy Regulatory Office. If
Energy Regulatory Office appointment or choice of the statutory authority
or a statutory authority does not approve, such a person is a statutory
authority or a statutory body independent of the operator
the transmission system does not, even if so decided, the Supervisory Board. If
The Energy Regulatory Office shall not approve the appeal of the statutory body or
Member of the Board, by decision of the Supervisory Board
does not arise.
(4) the Energy Regulatory Office shall decide on the approval of the contract for the
the performance of the functions of a statutory authority or statutory authority and
the conclusion of other agreements, which govern the conditions for the exercise of functions
of the statutory body or a member of the Board referred to in paragraph 1, and
on the approval of their amendments.
(5) in a contract for the performance of a statutory body or a member of
statutory authority or in another Treaty, which regulates the conditions for the
the performance of the statutory body or a member of the Board, you must
be negotiated the terms of exercising the functions of a statutory body or a member of
of the Board, including compensation or provision of another
performance for the benefit of a statutory body or a member of the Board
or conditions governing the performance of the function.
(6) the provision of another performance in favour of statutory authority or
members of statutory bodies than agreed in the contracts referred to in paragraph 5
shall be prohibited. The provisions of § 187 para. 1 (b). g) commercial code,
in relation to members of the Board shall not apply.
§ 58d
The independence of the statutory bodies, members of statutory bodies and
employees of an independent transmission system operator
(1) a statutory body or a member of the statutory body of the independent
the transmission system operator may not be a person who, in the last 3
years prior to the date of her appointment
and performed any of the comparable) functions in different to another person
from an independent transmission system operator, which is part of the
the same vertically integrated gas businesses as an independent
the transmission system operator, or who exercises control over the
a person who is part of the same vertically integrated company
as an independent transmission system operator, or for such other
person performed other work in employment or other similar
the relationship,
(b)) carried out the any of the comparable functions in different to another person
from an independent transmission system operator, or on the
business of the person who entered into business relations with other
persons who are part of the same vertically integrated
the natural gas businesses as an independent transmission
system or with a person who exercises the control of a person who is
part of the same vertically integrated company as an independent
the transmission system operator; an account is not buying gas for
own consumption,
(c)) carried out the business activity, directly or
vicariously entered into business relations with other persons
different from an independent transmission system operator, which are
part of the same vertically integrated natural gas business
an independent transmission system operator, or with the person exercising the
control over the party, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator; commercial
the relationship is not buying gas for their own use,
(d)) with the gods, or trades for other persons different from
an independent transmission system operator, which are part of the same
a vertically integrated natural gas businesses as an independent
the transmission system operator, or for the person performing the inspection
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator.
(2) the limits referred to in paragraph 1 shall be subject to an absolute majority of all
statutory bodies or members of the Board and by an absolute
most all of the people directly subordinate to the head of the staff under the
the provision of section 58b of the paragraph. 4 on matters relating to the operation, maintenance,
and development of the transmission system. The other statutory bodies, members of the
of the statutory body or persons directly subordinate managers
employees under the provisions of section 58b of the paragraph. 4 in matters related
the operation, maintenance and development of the transmission system operator may not be
in the last 6 months before the date of appointment or other establishment
to exercise any of the functions of comparable features in the other person
different from the independent transmission system operator, which is
part of the same vertically integrated natural gas business
an independent transmission system operator, or for such person
carry out other work in employment or other similar relationship.
(3) the provisions of paragraph 1 shall apply mutatis mutandis to statutory authority,
Member of the Board or staff directly subordinate managers
employees under the provisions of section 58b of the paragraph. 4 in matters related
the operation, maintenance and development of the transmission system for the performance of their
the term or duration of the employment relationship to an independent
the transmission system operator.
(4) statutory bodies, members of statutory body, the person directly
child head of employees according to the provisions of section 58b of the paragraph. 4 in the
matters relating to the operation, maintenance and development of transport
the system will not take part in the business of another person who is
part of the same vertically integrated natural gas business
an independent transmission system operator, or recover against such person
the right to a share of the profits or other similar transactions. Performance for the benefit of
statutory authority, a statutory authority or remuneration for work
employees of an independent transmission system operator directly
child head of employees according to the provisions of section 58b of the paragraph. 4 in the
matters relating to the operation, maintenance or development of transport
the system must not in any way depend on the financial results
persons other than an independent transmission system operator.
(5) the statutory authorities, Board members or employees
directly subordinate to the head of the staff under the provisions of section 58b of the paragraph. 4 in the
matters relating to the operation, maintenance and development of transport
system, are required to for 4 years from the date of removal from Office or
place of work or other duties to refrain from
and the performance of any comparable) functions in another person who is
part of the same vertically integrated natural gas business
an independent transmission system operator, or who exercises control
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator, or performance
other work for such a person in employment or other similar
the relationship,
(b) the performance of any comparable) features in a person who enters into a
business relationships with other persons, which are part of the same
a vertically integrated natural gas businesses as an independent
the transmission system operator, or with the person performing the inspection
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator,
c) participate as partner or shareholder in the business of the person who
shall enter into a business relationship with other persons, which are part of the
the same vertically integrated gas businesses as an independent
the transmission system operator, or with the person performing the inspection
over the person, which is part of the same vertically integrated
the entrepreneur as an independent transmission system operator,
(d) the performance of business activities) that as an entrepreneur
directly or indirectly entering into business relations with other
persons who are part of the same vertically integrated
the natural gas businesses as an independent transmission
system, or with the person exercising control over a person who is
part of the same vertically integrated company as an independent
the transmission system operator,
e) mediation or procuring any trades for another person,
that are part of the same vertically integrated natural gas
the entrepreneur as an independent transmission system operator, or for
the person exercising control over a person who is part of the same
a vertically integrated company as an independent operator
the transmission system.
(6) in the account referred to in paragraphs 1 and 5 shall not be considered a contractual relationship
closed under section 72.
section 58e
The Supervisory Board of an independent transmission system operator
(1) the powers of the Supervisory Board of an independent transmission
In addition to the scope of the system laid down by the commercial code belongs to
deciding on all matters of the company, that have a significant
impact on the value of the shares of members of an independent transmission
the system. In particular, the Supervisory Board
a) approve annual and long-term financial plans,
(b)) provides for the possible level of indebtedness,
(c)) shall approve the proposed distribution of profit designated to pay the shareholders
the present general meeting.
(2) the decisions taken by the Supervisory Board to the extent of its competence under the
paragraph 1 are for statutory authority independent of the operator
the transmission system binding. The Supervisory Board shall not grant
statutory authority guidance on business management society
operation or maintenance of the transmission system and in matters relating to the
the preparation of the 10-year network development plan under section 58 k. The provisions of the
statutes governing the reserves decisions on these matters
companies within the scope of the Supervisory Board are invalid. The provisions of § 133
paragraph. 2 and § 191 para. 2 of the commercial code shall not apply.
(3) to select a number of members of the Supervisory Board, which is a lower
than half of all members of the Supervisory Board, and to the conclusion of contracts for the performance of
the function of these members of the Supervisory Board or the conclusion of other agreements that
govern the conditions for these features in the performance of members of the Supervisory Board, and to
change is necessary to the approval of the Energy Regulatory Office.
Approval by the Energy Regulatory Office shall be subject to the choice of those members of the
the Supervisory Board or, in the case of the European company Board members,
who are elected by the general meeting.
(4) If the Energy Regulatory Office choice member of the Supervisory Board pursuant to
paragraph 3 under the conditions established by this Act shall not approve, such
the person is a member of the Supervisory Board of an independent transmission
the system does not, even if so decided by the general meeting of an independent
the transmission system operator.
(5) if the composition of the members of the Supervisory Board in contravention of paragraph 3, it shall be deemed
the fact that the Supervisory Board is unable to fulfil the functions of the Supervisory Board.
(6) For the length of the term of Office of a member of the Supervisory Board, to
shortening through statutes and the appeal of the Supervisory Board before
the expiry of the term of Office, the provisions of § 58c apply paragraph 1. 2 accordingly.
(7) for the members of the Supervisory Board, to which election shall be approved
The Energy Regulatory Office, the provisions of § 58d apply paragraph 1. 1, 4 to 6
by analogy.
(8) a member of the Supervisory Board of appeal is required the approval of the energy
Regulatory Office. If the Energy Regulatory Office Member
the Supervisory Board does not approve, by decision of the general meeting shall not cease.
section 58f
The procedure for the approval of the provisions of the statutory body, the members of the statutory
authority and the members of the Supervisory Board of an independent transmission
system and their appeal
(1) in proceedings for approval of the appointment, election or revocation of the
authority, a statutory authority or the Member of the Supervisory Board or the
approval of the contract for performance of the duties of the Board, Member
of the statutory body or a member of the Supervisory Board or the conclusion of other agreements,
that governs the conditions for the performance of the duties of the Board, Member
of the statutory body or a member of the Supervisory Board, or their changes will issue
Energy Regulatory Office decision within 3 weeks from receipt of a complete
request.
(2) if the energy regulatory authority shall not issue a decision within the time limit referred to in
paragraph 1, the expiry of the Energy Regulatory Office
the appointment, election or revocation of the statutory authority, a statutory
the authority or a member of the Supervisory Board or the contract referred to in paragraph 1.
(3) the Energy Regulatory Office shall not approve the appointment or selection
statutory authority, a statutory authority, or a member of the Supervisory Board,
for which, due to its current professional activities and the proposed
terms of exercising functions there is reason to doubt whether it would exercise
function properly and independently, in particular on other non-interest
carrying out the duties of an independent transmission system operator.
(4) the energy regulatory authority approves contract for performance of the
the function of the Board, a statutory body or a member of the
the Supervisory Board or the conclusion of other agreements, which regulates the conditions for the
the performance of the statutory authority, a statutory authority, or a member of the
the Supervisory Board, or change them if taking into account all
circumstances, it may be considered that the proposed conditions for the exercise of a function or
their changes will not allow the statutory authority, a member of the Board
or the Member of the Supervisory Board, to perform the function properly and independently.
(5) the energy regulatory authority Appeals Board, Member
of the statutory body or a member of the Supervisory Board before the expiry of their
the term does not approve, if there are grounds for reasonable doubts about the fulfilment of the
the conditions for removal from Office under this Act.
§ 58g
Independence of the transmission system operator
(1) a person who is part of the same vertically integrated
natural gas trader, may itself or through
the controlled entity to hold a stake in the independent transmission operator
only if the system itself does not produce gas or not dealt with gas.
(2) an independent transmission system operator is entitled to himself or
through the controlled entity to hold a stake in subsidiaries or
against it the right to acquire a share of the profits or other similar performance only if the
the subsidiary does not produce gas, does not trade in gas and does not own
installations for the production of gas.
(3) an independent transmission system operator shall act independently of the
other persons who are part of the same vertically integrated
the natural gas businesses, assets necessary to operate, maintain, and
the development of the transmission system, including financing. Transmission
the system is required to ensure sufficient financial resources for the proper and
efficient transport of gas. Permission of the Supervisory Board pursuant to section 58e is not
without prejudice to the.
(4) an independent transmission system operator is required to set up your
structure and organization, powers and responsibilities of the heads of statutory
bodies or members of statutory bodies, the rights and duties of the managerial
employees, management and internal control system so as to ensure the
the independence of the exercise of the rights and obligations of independent operators
the transmission system on the other persons who are part of the same
the group. Internal regulations in the first sentence is an independent operator
the transmission system operator shall be obliged to submit the energy regulatory authority
without undue delay after their receipt.
(5) the person or persons who are part of the same group, are required to
in relation to an independent transmission system operator to refrain from
Act or the granting of the instructions regarding the activities of the independent
the transmission system operator and transmission system operation, which
would
and directly or indirectly influenced) behavior of independent operators
the transmission system, which has an impact on competition in the gas market,
(b)) to affect directly or indirectly the preparation and processing of a ten-year
the development plan of the transmission system in accordance with § 58 k, or
(c) otherwise compromise independence) the transmission system operator
or the performance of its duties.
(6) the conclusion of any trade agreement between an independent operator
the transmission system operator and another person that is part of the same group,
shall be subject to approval by the Energy Regulatory Office. Energy regulatory
the Office approves the conclusion of the contract, if the transmission system operator
It proves that the contract has been negotiated for standard business terms
contact and negotiation of the contract cannot lead to a breach of the obligation under section 58 h
paragraph. 9. If the independent transmission system operator enters into a contract
with the other person, which is part of the same group, in the tender
According to the law on public procurement, it is considered that the contracts negotiated
under the conditions customary in the trade.
(7) the provisions of paragraph 6 shall not apply to contracts which have
the services according to § 58 h of paragraph 1. 6 activities according to § 58 para. 1 (b). (j)).
(8) transmission system operator shall be obliged to keep records of
the trade agreements concluded with other entities that are part of
the same vertically integrated natural gas trader, and during
their performance, and make available upon request, or provide
The Energy Regulatory Office.
§ 58 h
The resource requirements of an independent transmission system operator and its
autonomy of the
(1) an independent transmission system operator must have sufficient
human, technical, material and financial resources necessary for the implementation of the
transportation of gas and the performance of all related obligations. For this purpose,
is an independent transmission system operator shall in particular:
and) possess a transmission system and other assets necessary for the implementation of the
the transport of gas, with the exception of equipment for which an exemption
in accordance with § 67a,
(b) employ such number of employees), which allows for the proper implementation of
the transport of gas,
(c)) to the extent approved by the Supervisory Board access to financial resources
people that are part of the same vertically integrated natural gas
entrepreneurs, of whom plans to finance the development or renewal of transport
system, and this within a reasonable time after the submission of the relevant application.
(2) an independent transmission system operator shall inform the Energy
the regulatory authority of the financial resources that it has available for
the planned development or reconstruction of the transmission system, and the conditions of their
use, and always to 30. June of the calendar year.
(3) the implementation of the transport of the gas referred to in paragraph 1 include:
and independent representation) the transmission system operator on the outside
including negotiations towards the energy regulatory authority,
(b)) negotiations independent transmission system operator, in all things
related to its participation in the European network of transport operators
systems in accordance with the regulation on conditions for access to the natural gas transmission
networks,
(c)) the performance of activities associated with allowing access to the transmission system,
(d)) the collection of payments related to the operation of the transmission system,
including payments for access to the transmission system, and for ancillary services
in particular, for balancing the derogations,
e) operating, maintaining and developing the transmission system,
f) investment planning ensuring long-term security and
long-term ability of the system to meet reasonable transport
demand,
(g)) the performance of activities related to the possible participation of the transmission
system in a legal entity based in conjunction with other operators
transmission system operators of stock exchange trading organizujícími
gas or other bodies for the purpose of the creation and development of regional
markets or other activities that support the liberalisation of the gas market and the
h) performance of in-house activities, including legal services, management
accounting or the operation of information systems.
(4) an independent transmission system operator is forbidden to engage in
carriage of gas using the services of another person, which is part of the same
a vertically integrated natural gas businesses as an independent
the transmission system operator, or its employees, with the exception of
services to ensure the serviceability of the transmission system
specified as a public works contract.
(5) an independent transmission system operator shall be prohibited to assign
their employees to work for another person, which is part of the same
a vertically integrated natural gas business.
(6) an independent transmission system operator is competent to provide
services to another person that is part of the same vertically integrated
the natural gas businesses only with the prior consent of the energy
Regulatory Office. The Energy Regulatory Office shall grant the approval if
an independent transmission system operator demonstrate that the
and) provision of such services does not lead to discrimination against others
market participants with gas or other persons who are not part of the same
a vertically integrated natural gas businesses,
b) using the services under the same conditions is also available to other participants
the gas market or to other persons who are not part of the same vertically
integrated natural gas businesses,
(c)) the provision of such services does not hamper or dilute the economic
competition in the gas market or competition.
(7) the assessment of the meeting provided pursuant to paragraph 6 (b). (c))
The Energy Regulatory Office shall request the observations of the Office for the protection of
competition.
(8) an independent transmission system operator shall not, in your business
in the framework of its communications and the application of its trade marks Act
so, to his confusion with another person, which is part of the
the same vertically integrated natural gas business. An independent
the transmission system operator shall not carry on business in the business
the premises in which the business is carried on by another person, which is part of the
the same vertically integrated natural gas business.
(9) an independent transmission system operator must be information-
separated from the other people that are part of the same vertically
integrated natural gas business.
(10) an independent transmission system operator is prohibited to share with
another person who is part of the same vertically integrated
the natural gas businesses, security systems, systems for the control of
access and other information systems. This prohibition shall not apply to
systems whose operator is an independent transmission
the system or a person who is not part of the same group of companies as an independent
the transmission system operator, and where an independent operator
the transmission system operator shall ensure that during the operation of these systems was
compliance with the obligation referred to in paragraph 9.
(11) an independent transmission system operator may not use the service
provider of services related to the operation or administration of the
security systems, access control systems, or other
information systems, if the service uses the same ISP
any other person who is part of the same vertically integrated
the natural gas businesses. This prohibition shall not apply to services which are
the provider is not part of the same group of companies as an independent operator
the transmission system, and for which an independent transmission system operator
ensure that these services are complied with the obligation to
pursuant to paragraph 9.
(12) an independent transmission system operator is obliged to ensure
carrying out the statutory audit, the Auditor, which only in the same accounting
period does not carry out statutory audits of other persons that are part of the same
a vertically integrated natural gas business.
§ 58i
Program of equal treatment to an independent transmission system operator
and supervision of its implementation
(1) an independent transmission system operator is obliged to take
internal regulation of the program of equal treatment and post it in a way
allowing remote access. Program of equal treatment lays down
and) measures to discriminatory conduct an independent
the transmission system operator in relation to the participants in the gas market,
who are not part of the same vertically integrated natural gas
entrepreneurs with the transmission system operator,
(b)) the duties and rights of employees of an independent transmission
system to meet the objectives of the program of equal treatment.
(2) an independent transmission system operator is required to ensure the proper
implementation of the programme of equal treatment.
(3) the programme of equal treatment approved the Energy Regulatory Office.
The Energy Regulatory Office shall approve the programme of equal treatment, if the
the basis of the assessment of its content is considered to lead to the exclusion of
the discriminatory conduct of an independent transmission system operator.
(4) on the implementation of the programme of equal treatment and compliance with legal
obligations related to its implementation overseen by auditor program.
§ 58j
Auditor of the program of an independent transmission system operator
(1) an auditor appointed by the program or otherwise shall appoint and dismiss supervisory
the Council. On the conclusion of the Treaty, which regulates the conditions for the exercise of functions
Auditor of the program, including the length of the term of Office and revocation of conditions
functions, shall be decided by the Supervisory Board. The appointment of the auditor's or other provisions
program to function and its removal from Office and the conclusion of the contract in accordance with
the previous sentence shall be subject to approval by the Energy Regulatory Office.
(2) the appointment of the energy regulatory office or other provisions of the auditor
the program does not approve in the case that the program is not technically an auditor
to be eligible for the performance of functions or independent transmission
system and other interests of the non-fulfilment of the obligations of an independent
the transmission system operator; in the case of the appointment or other
provision of a legal person, it is considered that the legal person is professionally
eligible, if the condition of professional competence meets the established
responsible representative. Approves the conclusion of the Energy Regulatory Office
the Treaty, which regulates the conditions for performance of the duties of the auditor of the program, if
the proposed conditions will not allow the performance of the independent exercise of its function
the transmission system operator, or on other non-interest
to carry out the duties of an independent transmission system operator.
(3) the Energy Regulatory Office of appeals approves the program, auditor
where there are reasonable doubts as to compliance with the conditions for revocation of the
features according to the approved contract, which regulates the conditions for the exercise of functions
Auditor program.
(4) If the appointment of the energy regulatory office or other provisions
the auditor does not approve the program, the program has not been established by an auditor.
If the Energy Regulatory Office auditor approves the program, revocation
its function by decision of the Supervisory Board shall not cease.
(5) the auditor responsible For the program or the representative of the auditor of the program
If the auditor program legal person shall apply the provisions of § 58d para. 1,
4 to 6 apply mutatis mutandis. Auditor of the program, in the case of a legal person, shall not
be part of the same group of companies as the operator of the transmission system.
(6) the Auditor of the program is required to
) to oversee the implementation and program the equal treatment,
(b) the fulfilment of the obligations above) to oversee an independent transmission
system according to § 58 para. 8 (a). r) and under section 58 h of paragraph 1. 9,
(c) prepare and publish) manner allowing remote access to the annual
report on the measures adopted to implement the programme of equal treatment and
submit it to the Energy Regulatory Office and the Ministry
(d)) to provide the energy regulatory authority, at least once every half a year,
report on the implementation of the programme of equal treatment and the fulfilment of obligations
Auditor program
(e)) to provide reports and recommendations to the Supervisory Board concerning the program
of equal treatment and its implementation,
(f) notify the Energy regulatory authority) serious violations of the laws and
regulations and the internal rules governing the program equal treatment and
its implementation,
g) to provide the energy regulatory authority reports on business and
the financial relations between the independent transmission system operator
other entities that are part of the same vertically integrated
the natural gas businesses,
(h)) to submit the energy regulatory authority proposals submitted to
the decision of the Board of Trustees of an independent transmission system operator
regarding the 10-year investment plan and the specific investment in
system, and the decision of the Supervisory Board on the proposals,
I) monitor compliance with the programme of equal treatment of legal persons under
§ 58 para. 9.
(7) If the controlling person or persons that are part of the same
a vertically integrated natural gas businesses, vote at the General
meetings or through the vote of the members of the Supervisory Board shall promote the
refusal or suspension of implementation of investment in the system, which should be
According to the 10-year network development plan under section 58 k realized in
over the next 3 years, is the auditor of the program required to make such
report to the Energy Regulatory Office.
(8) the Auditor has the right to participate in the general meeting,
the meeting of the Board or a meeting of Directors, on which the
shall decide on matters belonging to the business management, and meetings
of the Supervisory Board or other bodies established by the statutes. Auditor
the program is required to participate in the meetings and the meetings of the organs of the company
in the first sentence, if the subject of the hearing or meeting of authorities
the company's discussion and decision making about
and conditions for access to the system) according to the Regulation on conditions for access
to the natural gas transmission networks, especially as regards tariffs, services
third-party access, capacity allocation and address the lack of
capacity, transparency, balancing and secondary markets;
(b) measures with regard to traffic) maintenance and development of the transmission system,
including investments in new connections for transmission system expansion
transport capacity and more efficient use of the existing transport
the capacity of the transmission system,
(c) the acquisition or sale of gas) in order to ensure a balance between the amount of
gas entering and leaving the gas system.
(9) the Auditor of a program has the right to consult all documents and memos
concerning the activities of the independent transmission system operator
necessary for the performance of his functions. Auditor of the program has the right, without
prior notice to enter any business premises of the independent
the transmission system operator. An independent transmission operator
the system must provide the auditor with all information and program
supporting documents necessary for the proper performance of its functions and any other necessary
synergy. An independent transmission system operator is required to
become familiar with the program of equal treatment in statutory authority or its
Members, members of the Supervisory Board and all the employees.
§ 58 k
Ten-year plan for the development of an independent transmission system operator
the transmission system
(1) an independent transmission system operator is required to report annually to the
October 31, handle and submit to the Ministry and energy
the regulatory Office of the ten-year plan for the development of the system.
(2) when processing the draft 10-year network development plan is based on
an independent transmission system operator of the current and foreseeable
future gas deals and the demand for it. To this end, the independent
the transmission system operator shall analyse the evolution of the production, supply,
imports and exports of gas, taking into account investment plans of
distribution system connected to the transmission system operators
reservoirs of gas and the development plan of the system throughout the European Union by
The regulation on conditions for access to the natural gas transmission networks.
(3) the subject of a 10-year development plan, the transmission system are
measures to be taken in order to ensure adequate transport capacity
system to meet the requirements necessary to ensure the safety of
the supply of gas. Ten-year plan for the development of the transmission system operator and) States,
which parts of the transmission system is needed in the next ten years
to build or extend, b) defines all the investments in transport
system, for which the implementation of an independent transmission system operator
held, and new investments, which are to be implemented in the following
three years, c) lays down the terms of realization of investment referred to in subparagraph (b)).
(4) an independent transmission system operator is obliged to consult the
proposal for a 10-year development plan, the transmission system with existing and
any future users of the transmission system, whose legitimate
interests may be contradictory to the development plan system directly affected, and
enable them to submit comments to the proposal. About consultation leads an independent
the transmission system operator record.
(5) an independent transmission system operator submits to the ten-year plan
the development of the transmission system in accordance with the prepared paragraphs 2 and 3, together with the
record of the consultations referred to in paragraph 4 to the Energy Regulatory Office.
(6) the Energy Regulatory Office shall consult the ten-year plan for the development of
the transmission system. To this end it without undue delay after its
receipt shall be published by way of allowing remote access, at least on the
10 working days. Notification of publication of displaying energy regulatory
on the notice board of the Office together with an indication, where possible, with its
development plan of the transmission system to get acquainted and to which it is possible to apply
the comments.
(7) the existing or possible future user of the transmission system, which
legitimate interests may be contradictory to the development plan of the transmission system
directly affected, the Energy Regulatory Office may apply to
the 10-year development plan, the transmission system operator comments with their
justification. The comments, which is a ten-year development plan
the transmission system do not apply or that the person whose legitimate
interests may not be contradictory to the development plan of the transmission system directly
without prejudice to, or comments without justification or put forward after the time limit is
The Energy Regulatory Office. The results of the settlement of comments
the Energy Regulatory Office shall publish a manner allowing remote
access.
(8) the Energy Regulatory Office shall examine the compliance of the ten year plan
the development of the transmission system with the requirements of implementing the investment in
the transmission system put forward in the consultation process referred to in paragraphs 6
and (7) and compliance with the development plan of the system throughout the European Union by
The regulation on conditions for access to the natural gas transmission networks. When
assessing the compliance of a ten-year development plan, the transmission system operator with
system development plan for the entire European Union Energy can
regulatory authority to consult the ten-year plan for the development of the transmission system with the
By the Agency.
(9) does not include the ten-year plan for the development of the transmission system
justified requests for the realization of the investment in the transmission system,
If it is in conflict with the development plan of the system throughout the European Union or
If you suffer from other disabilities, the Energy Regulatory Office operator
the transmission system requires that the ten-year plan for the development of transport
system has changed or removed the defects, and shall set a reasonable time limit to do so.
Decision on changes to the regulation plan and the development of transport
system or other defect removal contains the preamble and is the first
procedural step.
(10) unless otherwise decided by the Energy Regulatory Office on regulation changes
the 10-year development plan, the transmission system operator or delete other
defects within 2 months from the date of its submission to the Energy Regulatory Office,
, a 10-year development plan of the transmission system is complete and without
the defects. After a period of consultation with management by the Agency referred to in paragraph 8, the period
is not running.
Section d
Measures to carry out the investment according to the 10-year development plan
the transmission system of an independent transmission system operator
(1) the energy regulatory office monitors and evaluates the implementation of the
the 10-year development plan, the transmission system.
(2) if the independent transmission system operator shall not take place
investment in the transmission system, which should be based on the 10-year
the development plan of the transmission system is made in a timely fashion
According to § 58 k of paragraph 1. 3 (b). (c)), and is still relevant to the current
the development plan of the transmission system, the Energy Regulatory Office
decide on the
and the realisation of this investment Regulation) within the time limit set by the energy
Regulatory Office,
(b)) to perform a selection procedure on the provision of credit for the financing of
investment in the transmission system and the conditions of such proceedings or
the execution of a bond issue, the independent transmission
system and the conditions of such issue,
(c)) of Regulation capital increase of independent operators
the transmission system and the determination of the conditions of the capital increase;
the provisions of the commercial code on preferential right of shareholders to subscribe for
the new shares shall not apply.
(3) the Energy Regulatory Office saves such measures referred to in paragraph 2,
which, taking into account the circumstances are appropriate, and the best will lead to
the investment in the transmission system. As the case may
The Energy Regulatory Office may decide to save a single measure or
save multiple measures at the same time.
(4) the Energy Regulatory Office measures pursuant to paragraph 2 is not saved, if
an independent transmission system operator demonstrate that the implementation of
investment barrier, which prevents occurred independently of the will of an independent
the transmission system operator and transmission system
system made every effort that can be reasonably require
in order to carry out the investment took place.
(5) the costs incurred by the independent transmission system operators in
the context of the implementation of the investment plan in accordance with its
the development of the transmission system operator shall be regarded as costs to ensure the
the effective performance of the licensed activities under this Act.
§ 58 m
Connect to the transmission system of an independent transmission
System
(1) an independent transmission system operator is required to connect to the
a transmission system, transmission system, equipment distribution
system, gas or gas sampling device if
the applicant filed a request on the realization of investments in the transmission system
in the preparation of the 10-year development plan, the transmission system operator or
consultation conducted by the Energy Regulatory Office and investment induced
connection to the transmission system is in a 10-year development plan
the transmission system included. The provisions of this law
an independent transmission system operator to refuse to connect to
the transmission system operator shall not apply.
(2) the obligation of the connections referred to in paragraph 1 shall cease, if the implementation
investment in the transmission system prevents the obstacle, for which there is no
The Energy Regulatory Office shall be entitled to save independent operators
the transmission system for carrying out the measures referred to in the 10-year investment
the development plan of the transmission system.
(3) the provisions of paragraph 1 shall apply by analogy to the increasing transport
capacity to improve performance of the connected device.
§ 58n
Ownership separation of the transmission system operator
(1) the transmission system operator, which is not part of a vertically
integrated natural gas trader, must be in terms of their
Companion structure independent of the production of electricity or gas production
or trade for electricity or gas.
(2) in order to ensure the independence of the transmission system operator shall be
subject to the following conditions: a) the independence of the transmission system operator
is the owner of the transmission system,
(b)) over a transmission system operator or over its undertaking
does not directly or indirectly control a person or group of persons
acting in concert, or that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with a gas or
in relation to them shall apply to any other law,
2. generates electricity or gas or electricity or deal with
gas,
(c)) in relation to the transmission system operator shall not exercise any
another right person or group of persons acting in concert, or
that
1. directly or indirectly exercise control over a manufacturer of electricity,
the gas producer, trader or the trader with gas,
2. generates electricity or gas or electricity or deal with
gas,
(d) the transmission system operator)
1. alone or acting in concert with other persons does not directly or
indirectly, control over the electricity or gas or by the manufacturer of the trader
with electricity or gas or in relation to them does not apply any other
right,
2. does not produce electricity or gas or electricity or not dealt with
gas, nor is it the owner of the plant, electricity or gas
e) members of the statutory body, the members of the Supervisory Board, the Chief Clerk or members
another body of the transmission system operator specified in the statutes is not
entitled to appoint, elect or otherwise, appoint a person or group of persons
acting in concert, or that
1. exercise control over the electricity producer, producer gas,
trader or dealer with a gas or in relation to them
apply any other right,
2. generates electricity or gas or electricity or deal with
gas,
(f)), a statutory body or a member, a member of the Supervisory Board,
the Chief Clerk or a member of another body of the transmission system operator
the specified statutes is not a person who is a member of the Supervisory Board,
a statutory body or a member of the statutory body, authorized signatory or
a member of another company body designated statutes of electricity producers,
gas producers, merchant or merchant's electricity with gas.
(3) if the person or one of the persons referred to in paragraph 2 (a). b), c), or
e) Czech Republic, territorial self-governing unit or other person, public
rights, not the same person two different State authorities, authorities of the
territorial self or other persons of public law, of which the
one performs a check or other right above the transmission
system and the second carries control or other right over by the manufacturer
electricity or gas or electricity or by a trader with gas, and that
are independent of each other.
(4) the conditions of independence referred to in paragraph 2 shall be deemed to be fulfilled and the
If the transmission system operator shall participate in establishing the
legal entity in order to operate the transmission system in one or
more States or such a person gets the participation and undertake such person
transmission system to operate the service, along with other transport
systems. This does not apply if the business of the legal entity
based in order to operate the transmission system in accordance with the previous sentence
participate in other persons who were not by the competent authorities of the Member States
intended as a just separation of the transmission system operators,
independent system operators or independent operators
transmission system.
(5) a producer of electricity or electricity trader, manufacturer of gas,
a trader with gas must not act alone or in concert with other persons
to exercise direct or indirect control over the transmission
systems, or in relation to him, exercise the voting rights associated with the
the ownership share of the transmission system operator, set up or
refer members of the Supervisory Board, the statutory body or its members or
owning a majority stake.
(6) other right referred to in paragraphs 2 and 3 shall mean, in particular,
and the) right to exercise the voting rights in the company,
(b)) the ownership of the securities, the aggregate nominal
value exceeds 50% of the share capital of the company,
(c)) the right to appoint, elect or otherwise appoint and dismiss the members of the supervisory
the Council, the members of the Board, members of another body of the company
specified in the statutes or representative. ".
106. In section 59 paragraph 1. 1 at the end of subparagraph (j)) the following points 7 to 9 of that
shall be added:
"7. If gas customer repeatedly without good reason
did not allow access to the measuring device or neměřeným parts of the sampling
gas equipment, even though it was to enable access to
the conduct of inspections, meter reading, maintenance, replacement or removal of the measuring
devices at least 15 days in advance in writing or other demonstrable
way asked,
8. as a result of a restriction or interruption of the transport operator
the transmission system,
9. in the case of the supply of gas from the gas stations, which would have threatened the
the safe and reliable operation of gas equipment ".
107. In article 59 paragraph 2. 8 (a). (e)), after the words "spare capacity"
the words "equipment for the distribution of gas or when the threat of a reliable and
the safe operation of the transmission system or distribution system ".
108. In section 59 paragraph 1. 8 (a). (f)), after the words "the conditions for" the words
"connections and".
109. In article 59 paragraph 2. 8 letter h) is added:
"(h)) to provide the transmission system operator and the operators of
distribution system operators, the operators of gas reservoirs and gas producers
information necessary to ensure interoperability, ".
110. In section 59 paragraph 1. 8 letter):
"in fact having protection) to ensure the nature of a trade secret
and other commercially sensitive information obtained in the performance of their
activities, including ensuring the protection of data transmitted to the market operator, ".
111. In section 59 paragraph 1. 8 (a). w), after the word "system", the word "and"
be replaced by a comma and the following is added at the end of the text, the words "and exercise
licensed activities in accordance with the order of distribution
system ".
112. In paragraph 59, the dot at the end of paragraph 8 is replaced by a comma and the following
letter z), which read as follows:
"at the request of the trader) with gas or gas producers to discontinue
in the case of unauthorized sampling gas supply. "
113. In article 59, paragraphs 3 and 4 are added:
"(3) the distribution system operator shall adopt internal regulation
the program, which provides for equal treatment
and) measures to discriminatory conduct of the operator
distribution system in relation to the gas market participants who are not
part of the same vertically integrated natural gas trader with
distribution system operator,
(b) the rights and duties of employees) distribution system operator to
fulfill the purposes of the program of equal treatment.
(4) the distribution system operator shall appoint or otherwise shall designate
Auditor program. The distribution system operator shall be obliged to
ensure that the auditor program had created the conditions for an independent
the performance of its functions, in particular, adequate powers to perform its functions and
sufficient material and organizational conditions. The method of remuneration
the auditor may not be to the detriment of the independent performance of his functions. "
114. In paragraph 59, paragraph 4 the following paragraph 5 is added:
"(5) the Auditor of the program is required to supervise the implementation of the programme of equal
treatment. Auditor of the program processes and presents up to 30. April
the following calendar year to the Energy Regulatory Office and the
the Ministry's annual report on the measures taken to implement the programme
equal treatment for the past year. The annual report shall be published at the same time
manner allowing remote access. The distribution system operator
the auditor must provide the program with all the information and supporting documents
necessary for the proper performance of his activities, and any other necessary assistance.
The distribution system operator is required to meet with the program
equal treatment of the statutory body or its members, the members of the Supervisory Board
and all the employees. ".
Paragraphs 5 to 10 shall be renumbered as paragraphs 6 to 11.
115. Under section 59a, the following paragraph 12, which reads as follows:
(12) the distribution system operator is part of a vertically
integrated natural gas businesses, must act so that he did not put in
a mistake by another participant of the gas market, if it is a possible confusion with
a trader with a gas or the manufacturer of the gas, which is part of the same
a vertically integrated natural gas business. ".
116. In § 60 para. 1 (b). (h)), the word "underground" is deleted.
117. In § 60 para. 1 at the end of the text of the letter h) before a semicolon
the words "and sell the gas in the scope of the obligations imposed by this
the law ".
118. In § 60 para. 8, at the beginning of the letter k), the words "to ensure
neznevýhodňující the conditions for access to gas storage under the conditions
laid down by law and ".
119. In § 60 para. 8 (a). k), the words "spare capacity"
the words "facilities for the storage of gas or when the threat of a reliable and
safe operation of reservoirs of gas ".
120. In § 60 para. 8 (a). p), the words "gas", the word "and"
be replaced by a comma and the word "publication" shall be added the words "and exercise
the licensed work in accordance with the regulations, the operator of the storage tank ".
121. In paragraph 60, the dot at the end of paragraph 8 is replaced by a comma and the following
letter s) is added:
"s) publish information relating to the operation of the stack gas
are necessary for effective competition and the efficient functioning of the market
gas and that are not the subject of a trade secret; This does not affect
the obligation under the letter o). ".
122. under section 60 shall be added to § 60a, which including the title reads as follows:
"§ 60a
Department of gas storage operator
(1) the operator of the storage tank, if it is part of a vertically
integrated natural gas trader, must be in its legal
form, organisation and decision making is independent of the other activities
non-transportation, storage and distribution of gas. This
the request does not indicate a requirement for the separation of the ownership of assets.
(2) in order to ensure the independence of the gas storage operators by
paragraph 1, the following minimum criteria shall apply:
and) persons responsible for the management of the operator of the storage tank must not be
directly or indirectly involved in the organisational structures of the vertically
integrated natural gas businesses, which are responsible, directly or
indirectly, for normal operation of the gas production and gas trade or
electricity; a statutory body or a member, authorized signatory or
the head of an employee of an operator of the storage tank cannot be natural
a person who is at the same time a statutory body or a member,
the head or the head of an employee of the licence holder to produce
gas, gas or electricity, which is part of the same
a vertically integrated natural gas businesses,
(b)) must be taken all appropriate measures to ensure that the professional
the interests of the Board or its authorized agents or managers Member,
employees responsible for the management of the operator of the storage tank was
been taken into account in a manner that ensures their independent action;
the statutory body or its Member, the Chief Clerk or servant
gas storage operators shall not receive any remuneration and other
property transactions by licensees for the production of gas, the gas trade
or electricity within the same vertically integrated natural gas
entrepreneurs; the remuneration of the statutory body or its Member, authorized
or the head of the operator of the storage tank must not be
dependent on the economic results achieved by these other
licensees within the same vertically integrated natural gas
entrepreneurs,
(c)) the operator must have a real gas
decision-making rights in relation to the assets needed for the operation,
the maintenance and development of gas storage, whose performance is independent of the
vertically integrated gas businesses; the parent company
gas storage operators may not afford any guidance on the
normal operation or maintenance of the storage tank, and must also not be any
Another way to intervene in the decision-making about the construction or upgrade parts
the storage tank, if such a decision does not go beyond the scope of the approved
financial plan, or any other similar instrument; This does not affect
the permissions of the parent company to approve the annual financial plan, or any other
the like operator tool stack gas and approve its
the maximum levels of debt.
(3) the operator of a storage tank must adopt internal regulation
the program, which provides for equal treatment
and) measures to discriminatory conduct of the operator stack
gas in relation to the gas market participants who are not part of the same
a vertically integrated natural gas trader with the operator
gas storage,
(b)) the duties and rights of employees of the operator of the storage tank for the
compliance with the programme of equal treatment.
(4) the operator of the storage tank shall be appointed by or otherwise appoint auditor
program. The operator of the storage tank is required to ensure that the auditor
the program had created conditions for independent performance of their functions, in particular
sufficient powers to carry out its functions, and sufficient material and
organizational conditions. The method of remuneration of the auditor of the program should not be on
injury to the independent exercise of its functions.
(5) the Auditor of the program is required to oversee the implementation of the programme
of equal treatment. Auditor of the program processes and presents up to 30. April
the following calendar year to the Energy Regulatory Office and the
the Ministry's annual report on the measures taken to implement the programme
equal treatment for the past year. The annual report shall be published at the same time
manner allowing remote access. The operator of a tank of gas is
the auditor must provide the program with all the information and supporting documents
necessary for the proper performance of his activities, and any other necessary assistance.
Gas storage operator is obliged to become familiar with the program of equal
treatment of statutory authority or its members, the members of the Supervisory Board and the
all the employees. ".
123. In § 61 para. 2 the letter l) is added:
"l) to ensure its customers the information, in a manner allowing remote
access checklist of European energy consumers
drawn up by the Commission and published the Energy Regulatory Office. ".
124. In paragraph 61, the dot at the end of paragraph 2 is replaced by a comma and the following
the letter m) is added:
"m) in case of exercise of the right of the customer to change gas supplier
inform the customer who submitted the notice of termination of the contract, the object of which is the
the supply of gas, the date of termination of this agreement, if the information about the start and
the length of the period of notice is not listed in its terms of service. ".
125. In paragraph 62, at the end of paragraph 2, the period is replaced by a comma and the following
the letter j) is added:
"j) when exercising the right of option of the supplier referred to in paragraph 1 (b). (d))
to comply with the agreed length of the notice period, if it is a fixed-term contract
an indefinite period. ".
126. In section 66 paragraph 1. 1 the words "and with the rules of operation" shall be deleted.
127. In section 66 paragraph 1. 4, after the word "operator", the words
"transmission system operator".
128. In section 67 para. 2 at the end of subparagraph (d)), a comma is replaced by a dot and the
the letter e) shall be deleted.
129. In paragraph 67, at the end of the text of paragraph 4, the words "and the importance of
the project for the internal market in gas ^ 11) ".
130. In section 67 para. 6 (a). (e)) the words "regulations on the protection of the
the environment "shall be replaced by the law on environmental impact assessment for the protection
of the environment ".
131. In section 67 para. 6 at the end of the text of the letter h) dot is replaced by a comma
and the following letter i), which read as follows:
"i) for natural gas pipelines linking gas system with foreign
gas systems documents proving ensure bi-directional
capacity or a reasoned request for the granting of exemptions from this
request. ".
132. In paragraph 67, paragraph 11 is added:
"(11) the Ministry keeps records of authorization granted.".
133. section 67a including title:
"§ 67a
Exceptions to the obligations for access for new gas equipment
(1) in the case of the construction of part of the transmission system, which is intended to serve
exclusively for transmission system link with foreign shipping
system or link foreign transmission system among themselves
(hereinafter referred to as "gas interconnector"), construction of the storage tank or in the
the case of a significant increase in transport or storage capacity has already
operated by the linker, the gas pipeline or gas storage can
The Energy Regulatory Office may decide to suspend the obligations
allow the connection to such a device, allowing access to the system for
regulated prices, the transmission system operator's obligations
under section 58a to 58n this law or restricting the obligation to allow the
access to gas storage in terms of this Act (hereinafter
"the temporary restrictions"). Temporary restrictions may apply to the entire
capacity or only a portion of the capacity of the gas equipment that is
the subject of the assessment. The Energy Regulatory Office shall inform the Commission of the
submission of the application for exemption and passes a copy of the request for the exception taken
immediately after the request for an exception to the Energy Regulatory Office
It has arrived.
(2) the application for a temporary limit on the draft rules for the
allocation and management capacity and congestion management of gas
device.
(3) the draft rules for capacity allocation and management and control
exceeding the capacity of the gas equipment may be given to the energy
the regulatory body also separately before the application for the temporary
the restrictions. If the Energy Regulatory Office shall approve the draft rules for the
allocation and management capacity and congestion management of gas
device before the application for a temporary limit and the applicant shall take place
the offer of the gas equipment in accordance with the decision of the energy
the regulatory authority no later than 3 months before the application for the temporary
limitation, the provisions of paragraph 2 shall not apply. In this case, is
the application for a temporary limit on the results menu
the capacity of the gas equipment. When deciding on the approval of the rules for
allocation and management capacity and congestion management of gas
device before the application for a temporary limit on the provisions of paragraph
4 apply mutatis mutandis.
(4) an applicant for a temporary limit must demonstrate that
and the construction of a gas pipeline or linker) tank of gas or a substantial
increase their capacity will improve competition in the area of
the gas industry and to increase the safety and reliability of gas supply,
(b)) the risk associated with the investment is such that the investment would not without granting
There were no exceptions, in particular where there is a justified fear that without temporary
the restrictions could not be achieved within a reasonable period of return
investments,
(c) the owner of the connection or pipeline) storage tank will be natural
or legal person who is not at the same time the operator of some of the
propojovaných systems or operator of the system to which you want to be
gas storage is connected,
(d) use or connection pipeline) gas storage will be for remuneration,
(e)) is not compromised by temporary limitations or restrictions of
competition in the gas industry or the proper functioning and development of the
the internal gas market, and also there will be threats to security and
the reliability of the operation of a system or systems to which it is to be
the Baltic gas interconnector or gas storage is connected to.
(5) the energy regulatory authority the proposal referred to in paragraph 2 of the decision in
part of the case shall be approved if the proposed rules for the allocation and management
capacity and congestion management for gas equipment
neznevýhodňujícím way lets
and those interested in the capacity of) the gas equipment of this capacity to apply and
to book it, including the capacity of the gas equipment for your own
the need for,
(b)) to offer unused capacity on the market with the gas equipment capacity and
(c) users of the gas equipment trade) with capacities on the secondary
market capacity.
(6) at the request of the applicant the Energy Regulatory Office for the temporary management
restrictions on the period strictly necessary to effect the supply of capacity
the gas equipment to interested parties and the evaluation of its results according to the
the rules approved under paragraph 5.
(7) the Energy Regulatory Office shall decide on the temporary restrictions based on
an assessment of the fulfilment of the assumptions referred to in paragraph 4, assess the need for
the construction of the gas pipeline or gas connection stack for the development
the gas system, gas equipment capacity menu results
under paragraph 6, and in the case of connecting gas pipelines also based on
the results of the consideration of requests for temporary restrictions with factually relevant
authorities of the Member States, to which the connection is to be a transmission system
the pipeline is connected to the transmission system or the connection has
gas pipeline link. In so doing, take account of the opinion of the Agency, may. Condition
for the issuance of the decision establishing the Energy Regulatory Office of the request for
temporary restrictions, the concurring opinion of
safety and reliability of gas supply in the Czech Republic.
The Ministry will issue an opinion within 20 days from the date of receipt of the request.
(8) if the gas interconnector, that is the subject of
one construction project, on the territory of more than one Member State,
The Energy Regulatory Office shall consult the request for a temporary limit with all
regulatory authorities concerned, and
and if the regulatory authorities) have reached a consensus on the assessment of the application for
temporary restrictions within 6 months from the date when it received the last of them,
The Energy Regulatory Office shall decide on the request and the decision shall inform the
The Agency, the
(b)) if the regulatory authorities of the States concerned have reached agreement on the
the assessment of the application for a temporary limit to 6 months from the date on which it received the
the last of them, or if the regulatory authorities of the States concerned so request
The Agency of the decision in the case, the energy regulatory office request
temporary limitations refer to the Agency.
(9) after a period of consultation with the regulatory authorities concerned the time limit for the issue of
the decision is not running. The Energy Regulatory Office may, together with the other
the regulatory authorities of the States concerned may ask the Agency for an extension of time
pursuant to paragraph 8 (a). and) not exceeding 3 months.
(10) the energy regulatory office in the decision on the temporary limits, determined by
the duration of the temporary restrictions, and the amount of capacity, which are temporary
the restriction does not apply. If it is reasonable having regard to the size of the additional
the capacity to be built or change the size of the existing
capacity, the time horizon of the project and the conditions in the gas market in the Czech
Republic, the Energy Regulatory Office also lays down the conditions for access
to the linked pipeline.
(11) If the Energy Regulatory Office shall decide on the temporary restrictions, is
shall immediately forward to the Commission a copy of the written copy of the
decision, including a summary of the case. If the Commission requests additional
information or documents and the Energy Regulatory Office such information
or documents within the time limit fixed by the Commission shall not provide, it is considered that the
Energy Regulatory Office a copy of the written copy of the decision on the
the request for a temporary limit on the Commission is not, unless before the expiration of such
deadline for its renewal on the basis of the agreement of the Commission and
The energy regulatory office or before the Energy Regulatory Office
the expiry of the Commission, that the copies of the written copy of the
decision to forward all information and documents necessary for the decision of the
The Commission, and provide proof of that fact.
(12) if the Commission decides within 2 months of receipt of the copy of the
a written copy of the decision or within the time extended pursuant to
paragraph 11 of that decision on the temporary restrictions changed,
Energy Regulatory Office performs a new procedure and issue a new decision
in the case. If the Commission decides within the time limit under the first sentence that is to be
the decision on the temporary restrictions lifted, the Energy Regulatory Office
the decision on the temporary restrictions. The time limit for the issuance of a new decision
in the case or the cancellation of the decision that the limit is 1 month from the
notification of the decision of the Commission.
(13) the decision concerning the provisional restriction ceases to be valid if the structure
gas connection gas pipeline or tank or increase their
capacity has not been commenced within 2 years after the date on which the Commission has granted consent to
decision by the Energy Regulatory Office concerning temporary restrictions. If it was
construction started in the first sentence, ceases to be a decision on the temporary
restrictions on the validity, if within 5 years from the date on which the Commission granted a
acceptance of the decision by the Energy Regulatory Office concerning the provisional
restrictions, not gas interconnector or the gas tank or their
the change put into operation. This does not apply if the Commission decides to
extension of the period of validity of the consent with the decision of the energy
regulatory authority with a temporary restriction.
(14) the Energy Regulatory Office may revoke the decision on the temporary
restrictions, if the applicant does not comply with the conditions of the temporary restrictions, which
Energy Regulatory Office in the decision concerning the provisional restriction set.
Proceedings for cancellation of the decision on the temporary limitation may Energy
regulatory authority commence within 1 year of fact finding by the phrase
the first, at the latest, however, within 5 years, when these facts occurred. ".
134. In § 68 para. 5, the word "or" is replaced by a comma and the words
"distribution system operator", the words ", the operator
stack gas ".
135. In § 68 para. 6, the words "or operator of the distribution system
system "shall be replaced by the words" of the system, the operator of distribution
system, operator of the storage tank ".
136. in the § 70 para. 2, after the words "realignments and Word
"expected".
137. In paragraph 71, paragraphs 3 and 4 shall be deleted.
Paragraphs 5 to 14 shall become paragraphs 3 to 12.
138. In § 71 para. 4 and 6 and section 73a of the paragraph. 3 (b). and the word)
"underground" is deleted.
139. In § 72 para. 1 (b). (c)), after the words "three months" the words
"that starts with the first day of the calendar month following the delivery of
Notice ".
140. In § 72 para. 3 the words "the underground", "underground" and "underground"
shall be deleted.
141. In § 72 para. 5, the words "to customers in the Czech Republic"
shall be deleted.
142. In paragraph 73, at the end of paragraph 2 the following sentence "consists of two
stages, from early warning, when there are such information that may
experience a State of emergency, and from an alert, when actually the deterioration of the supply
customers occurs, but it is not even necessary to the generalised constraint
consumption. ".
143. Under section 73a of paragraphs 1 and 2 shall be added:
"(1) the trader with a gas or gas producers, supplying gas to customers
is required to ensure the safety standard of the required supply of gas in
delivery to customers by directly applicable European Union legislation ^ 21).
(2) a trader with gas or producer gas, which is subject to
the obligation to ensure the standard of safety gas supply referred to in paragraph
1, presents information about the extent of the safety standard and how to
ensure always the first day of each month and the market operator
The energy regulatory authority. ".
144. In section 74 para. 1 (b). e) point 3 is added:
"3. which demonstrably have errors in favor of the customer's consumption and
on which were either violated a hedge against tampering or
the intervention has been demonstrated in a measuring device ".
145. In section 74 para. 1 the letter g) is added:
"g) gas without a contract on the settlement of imbalances or the contract
the subject is the delegation of responsibility for deviation to the entity settlement. ".
146. In § 76 para. 3, the words "must be in writing and" are deleted.
147. In paragraph 78, paragraph 6 shall be deleted.
Paragraphs 7 and 8 shall be renumbered as paragraphs 6 and 7.
148. In paragraph 88, paragraph 1 reads:
"(1) State is a State which has arisen in the system of supplying heat
energy as a result of
a) natural disaster,
(b)) the measures a public body under the State of emergency, State of emergency
or a State of war ^ 10),
c) crash on the supply of heat energy system installations,
d) episode in accordance with special regulations ^ 10a)
e) a terrorist act
(f) outstanding balance in the system), the supply of heat energy, or
(g)) where the physical safety or security of persons,
h) and causes a significant and sudden lack of energy or heat
threat to the integrity of the thermal energy supply system, its
traffic safety and reliability. ".
149. section 90-91a, including headings:
"§ 90
Misdemeanors
(1) a natural person has committed the offence by
and conducts business in the energy sectors) without a licence or without permission to
business organisation recognised by the energy regulatory office under section 7a,
(b)) provides that electricity, gas or heat other
natural or legal person or rozúčtuje the cost of the purchase of electricity,
gas or heat energy in violation of § 3 para. 3,
(c)), as the owner will not allow the designated holder of power equipment
access to licence the energy devices in scope according to § 10 para. 7,
(d)) does not pass the necessary information needed to proceedings under section 26 dispečerskému
paragraph. 6,
e) violates any of the obligations set out in § 28 para. 2 (a). a) to
(f)), h), (j))) or in § 28 para. 5 or one of the obligations
laid down in § 62 para. 2 (a). (b)) to (i)) or in § 62 para. 4,
(f)) performs a hit on the sampling device which passes through
neměřená electricity, without the consent of the transmission system operator or
distribution system operator in violation of § 28 para. 3 or
does the intervention on the supply gas device from the measuring device without
prior written consent of transmission or distribution
system in violation of § 71 para. 11,
g) runs its own replacement source without the agreement of the operator
the transmission system operator or distribution system operator in violation of
§ 28 para. 4,
h) as the operator of a direct line or a direct breach of the gas pipeline
one of the obligations laid down in section 43 or section 65 paragraph 1. 3,
I) does not guarantee operation, maintenance or repair of the electric or gas
connections according to § 45 para. 5 or section 66 paragraph 1. 3 repair or does not ensure
or maintenance of thermal connections in accordance with § 79 paragraph 2. 3,
j) as the owner or user of the property does not allow the operator to
the transmission system, transmission system operators or the operators of the
the performance of the activities of the distribution system in the protection zone in accordance with § 46 para.
4 or § 68 para. 5 or as owner of the property does not allow
the plant operators access to the device for the distribution of thermal energy
According to § 87 para. 6,
to violate any of the prohibitions) laid down in § 46 para. 8, 9, 10 or §
paragraph 68. 3 or any of the requirements set out in § 46 para. 12 or
13,
prohibition of unauthorized breaches l) transmission of electricity or unauthorized
distribution of electricity referred to in § 53 para. 2 or a prohibition on
transportation of gas or unauthorized distribution of gas referred to in section 74 para.
5,
m) does not adjust the supply point for the installation of metering equipment in accordance with § 49
paragraph. 2 or pursuant to § 71 para. 4, n) does not notify the transmission,
the transmission or distribution system fault detected on the measuring device
or protection against tampering, immediately after their
findings pursuant to § 49 paragraph 1. 4 or pursuant to § 71 para. 7 or fails to notify
the detected violations of the measuring device or its collateral pursuant to section 78
paragraph. 4,
o) interferes in the measuring device without the consent of the transmission,
a transmission or distribution system in violation of § 49 paragraph 1. 4, § 71
paragraph. 5 or hits into a measuring device without the consent of its owner in the
contrary to section 78 para. 3,
p) will not allow the transmission or distribution system operators access to
the measuring device or neměřeným parts of a sampling of electrical equipment
According to § 49 paragraph 1. 6 or by transmission or distribution
system access to the measuring device pursuant to § 71 para. 6,
q) fails to comply with the restrictions on the consumption of electricity, gas, or change in supply
electricity or gas pursuant to § 54 para. 5 or § 73 para. 5 or
does not comply with restrictions on the consumption of heat energy under section 88 para. 3,
r) drop permanent stands without the consent of the transmission system operator,
distribution system operator or operator connections in the
violation of § 68 para. 6,
not adjust the heat with the sampling device) when you change the system or
its parameters or not adjust the sampling device for the installation of heat
the measuring device after previous consultation with the supplier of heat
energy according to § 77 para. 3,
t) runs its own replacement or other source linked to the distribution
equipment or supplies thermal energy to this device without the written
the agreement with the licensee of the distribution of thermal energy in violation of § 77
paragraph. 4,
as the owner of the immovable property) would not tolerate the location or operation of
the distribution of the heat equipment or a part thereof pursuant to § 77 para. 6,
in the sampling adjustment) will heat the device or its parts,
which is neměřená the supply of heat energy, without the consent of
the holder of the license for the production of thermal energy or heat energy distribution
in violation of § 77 para. 7,
w) breach of the prohibition laid down in § 87 para. 4 or performs in the protection
zones of activity without the prior written consent of the operator
a device that is used for the production and distribution of thermal energy in contravention of
§ 87 para. 4,
x) as the owner of the buildings concerned in the implementation of construction activities
does not ensure the safety of the equipment for the distribution of thermal energy in accordance with § 87
paragraph. 5,
s) as statutory body, Member of the Board, a member of the Supervisory Board
or employee directly subordinate to the head of the staff in matters of
related to the operation, maintenance or development of the transmission system is
participating in the business of another person, which is part of the same vertically
integrated natural gas businesses as an independent operator
the transmission system operator, or against such person acquires the right to share in the
profits or other similar transactions in violation of § 58d para. 4 or violates
the obligation referred to in paragraph 58d paragraph. 5, or
from) as the auditor of the program violates any of the duties of the auditor of the program
laid down in section 25a paragraph 1. 5, § 58d para. 4 or 5, § 58i para. 4, § 58j
paragraph. 6 to 8, section 59A(1). 5 or § 60a paragraph 1. 5.
(2) a natural person as an employee of the Energy Regulatory Office
or after the termination of employment or other relationship to the energy
the regulating authority commits an offence by that breach of an obligation
non-disclosure pursuant to § 17 para. 13.
(3) the offence referred to in paragraph 1 (b). a) to w) or x) or
paragraph 2 shall be fined up to 100 000 CZK. For the offence referred to
in paragraph 1 (b). y) or z) is saved by a fine of up to 500 000 CZK.
§ 91
Administrative offenses of the licence holder
(1) the holder of the licence is guilty of an administrative offense, by
and to propose a new representative) within the prescribed period according to § 6
paragraph. 7,
(b) has notified changes to the conditions immediately) for granting a licence or changes
regarding the information and documents that are specified as an element of
application for the grant of a license, does not submit the documents or ask them about
amendment to the decision granting the licence referred to in § 9 para. 1,
(c) fails to comply with any of the requirements) in accordance with § 11 para. 1 to 4,
(d)) does not set out manner and within the time limit applicable
conditions for the supply of gas or electricity or the prices for the supply of gas or
electricity pursuant to § 11a. 1 or does not allow neznevýhodňující selection
how you pay for electricity or gas supplied under section 11a. 6,
(e)) does not provide the Ministry, the energy regulatory office or State
energy inspection of the required documents within the specified period, or
information pursuant to § 15a paragraph 1. 1 or does not provide the Commission, within the prescribed period
the required documentation or information pursuant to § 15a paragraph 1. 2,
f) violates any of the obligations under section 20 (2). 1 to 3 or under section 20
paragraph. 6 or 7,
(g) violates any of the prohibitions) specified in § 53 para. 2 or in section 74 para.
5, or
h) begins the performance of licensed activities in violation of § 9 para. 5.
(2) the holder of a licence for the production of electricity is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) shall restrict, aborts, or terminates the electricity supply in violation of § 23 para.
1 (b). (e)),
c) violates any of the obligations specified in § 23 para. 2 (a). a) to i)
or (b). k) to r)
(d) violates any of the prohibitions) referred to in section 24a of para. 5 or § 58n
paragraph. 5,
(e)) does not pass the necessary information needed to proceedings under section 26 dispečerskému
paragraph. 6,
(f) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 30 c of paragraph 1. 2,
g) does not adjust at their own expense submission site for the installation of the measuring
device pursuant to § 49 paragraph 1. 2,
(h) to notify to the operator), transmission or distribution system detected
glitches on the measuring device or protection against tampering
without delay after their discovery, according to § 49 paragraph 1. 4, or interferes in the
the measuring device without the consent of transmission or distribution
system in violation of § 49 paragraph 1. 4,
I will not allow the transmission) or access to the distribution system,
the measuring device pursuant to § 49 paragraph 1. 6, or
(j) to comply with the limits of consumption) of electricity, or change in the supply of electricity
pursuant to § 54 para. 5.
(3) the holder of a licence for the transmission of electricity, is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
b) operates the transmission system without being the holder of the certificate
independence, under section 10a or fails to fulfil the obligation of notification under section 10a
paragraph. 2 or 3,
(c) notify the commencement or termination of) restriction or interruption of supply
electricity in accordance with § 24 para. 5 or does not restore the electricity supply
immediately after removal of the causes that have led to restrictions or
interruption, according to § 24 para. 6,
(d)) violates any of the obligations specified in § 24 para. 1 or paragraph 2. 10
(a). a) to (d)), f) to (l)),),), t) or w),
e) violates any of the obligations specified in § 24 para. 10 (a). e), m)
n), p), r)) or in),
f) violates any of the conditions of independence under section 24a of para. 2,
(g)) in the exercise of activities of technical control room of the transmission
system violates any of the duties of the technical control room
the transmission system operator referred to in section 26 para. 1, 3 or 5,
h) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation pursuant to § 47
paragraph. 2,
I) does not provide at his own expense to install its own measuring device, its
the maintenance or periodic verification the accuracy of measurement according to § 49 paragraph 1.
7,
(j)) shall be exchanged for the measuring device or does not ensure the correctness of measurement
According to § 49 paragraph 1. 8,
k) violates any of the obligations on a State of emergency referred to in § 54 para.
3,
l) exceeds some of the permission specified in § 24 para. 3 (b). (c)), or
(d)), or
m) fail to fulfil one of the responsibilities of the transmission system operator referred to in
The regulation on conditions for access to the network for cross-border trade in
electricity or by directly applicable regulation issued on his
basis or for its implementation.
(4) the holder of a licence to the distribution of electricity is committed by the administrative
tort by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) does not pass the last instance supplier identifying information under section 12a
paragraph. 4,
(c) notify the commencement or termination of) restriction or interruption of supply
electricity in accordance with § 25 para. 5 or does not restore the electricity supply
immediately after removal of the causes that have led to restrictions or
interruption, according to § 25 para. 6,
(d)) violates any of the obligations specified in § 25 para. 1, 10, or 11,
e) violate any of the criteria or breaches any of its obligations
referred to in section 25a paragraph 1. 2,
f) violates any of the duties referred to in section 25a paragraph 1. 3 or 4, or
the auditor does not provide program information or documents or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
pursuant to section 25a paragraph 1. 5,
(g)) as a tenant renting does not take the undertaking or its part to their
accounting or do not notify the tenant information about the value of the leased asset
contrary to section 25a paragraph 1. 8,
h) contravenes section 25a paragraph 1. 10,
I) when carrying out activities of technical control room operator distribution
system violates any of the duties of the technical control room
distribution system operator referred to in section 26 para. 2 to 5,
(j) breach of an obligation owed to the owner) electrical connections specified in § 45
paragraph. 6,
k) ascertains the one who raised the need for relocation, the way its
the projected cost of the design or its implementation pursuant to § 47
paragraph. 2,
l) does not adjust at their own expense submission site for the installation of the measuring
device pursuant to § 49 paragraph 1. 2,
m) has notified by transmission system operators or other operators
damage to the distribution system, the measuring device or to ensure the
tamper-evident immediately after their findings according to § 49
paragraph. 4 or hits into a measuring device without the consent of the operator
the transmission system operator or distribution system operator in another
contrary to § 49 paragraph 1. 4,
n) will not allow the transmission or distribution system operators access to
the measuring device pursuant to § 49 paragraph 1. 6,
about) does not provide at his own expense a custom installation of the measuring device, its
maintenance and periodic verification of the correctness of measurement according to § 49 paragraph 1. 7,
p) replace any measuring device or does not ensure the correctness of measurement
According to § 49 paragraph 1. 8,
q) breaches any of its obligations when the State of emergency referred to in § 54 para.
4, or
r) exceeds some of the permission specified in § 25 para. 3 (b). (b)) to
(d)).
(5) the holder of a licence to trade in electricity is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) as a supplier of last resort fails to deliver electricity pursuant to section 12a paragraph 1.
2 or 6 or fails to notify the customer or operator concerned
the distribution system, the price of the deliverable or other conditions
supply pursuant to section 12a paragraph 1. 3,
(c) violates any of the prohibitions) referred to in section 24a of para. 5 or § 58n
paragraph. 5,
(d)) violates any of the obligations specified in § 30 paragraph 2. 2, or
e) pauses or stops the electricity supply to a customer in violation of § 30
paragraph. 1 (b). (d)).
(6) the holder of a licence for the production of gas is guilty of an administrative offense by
that
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) shall restrict, aborts, or terminates the gas supply in violation of § 57 para. 1
(a). (e)),
c) restricts or suspends the operation of the gas production or mining natural gas pipelines in the
contrary to § 57 para. 1 (b). (c)),
(d) notify the start or end of the) restriction or interruption of gas supply
pursuant to § 57 para. 5 or does not restore the gas supply immediately after
eliminate the causes that led to its limitations or interruptions, according to the SEC.
paragraph 57. 6,
e) violates any of the obligations specified in § 57 para. 8 (a). (b)) to
l),
(f) violates any of the prohibitions) referred to in section 24a of para. 5 or § 58n
paragraph. 5,
(g)) in the exercise of activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
(h) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
I) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation in accordance with section 70
paragraph. 2,
(j)) at its own expense does not adjust the submission site for the installation of the measuring
device pursuant to § 71 para. 4 or hits into a measuring device without
consent of the transmission system operator or service provider.
the distribution system in violation of § 71 para. 5,
k) will not allow the transmission system operator or operators
access to the distribution system, the measuring device pursuant to § 71 para. 6,
l) does not comply with the restrictions on the consumption of gas or changing the supply of gas under section
paragraph 73. 5,
m) is to eliminate accidents or restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
n) does not ensure safety standard gas supply under section 73a of the paragraph. 1
or the market operator does not pass information about the extent of the safety standard
under section 73a of the paragraph. 4, or
o) fail to fulfil one of the obligations of the manufacturer of the gas, according to the regulation on the
measures to safeguard security of natural gas supply.
(7) the holder of a licence to transport gas, is guilty of an administrative offense by
that
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) runs a transmission system, without being the holder of the certificate
independence in accordance with § article 10A(1). 1, or fails to fulfil the obligation of notification
under § article 10A(1). 2 or 3,
(c) notify the commencement or termination of) restriction or interruption of the journey
gas according to § 58 para. 5, or according to § 58 para. 6 does not restore the transport
gas immediately after removal of the causes that led to its limits
or interruptions,
(d)) violates any of the obligations specified in § 58 para. 8 (a). a) to
e), (g)), m) or (n)), r) to t), v) or w),
e) violates any of the obligations specified in § 58 para. 8 (a). f), (h))
to l), o) to (q))), x), y) or z),
f) violates any of the conditions of independence pursuant to § 58n para. 2,
(g)) in the exercise of activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
(h) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
I) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation in accordance with section 70
paragraph. 2,
j) equips itself with the customer whose gas sampling device is connected to
a transmission system, the measuring device pursuant to § 71 para. 2,
to install the custom does not provide tracking) equipment, its maintenance or
regular verification of measurement pursuant to § 71 para. 8,
l) shall be exchanged for the measuring device or does not ensure the correctness of measurement
pursuant to § 71 para. 9,
m) violates any of the obligations on a State of emergency referred to in § 73 para.
3,
n) participate in the removal of accidents, or to restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
about the deletion on accident or) restoration of gas supply in the
the case of a State of emergency declared for the entire territory of the State pursuant to § 73 para.
9,
p) exceeds some of the permission specified in § 58 para. 1 (b). (h)), or
I),
q) fails to fulfil any of the obligations according to the transmission system operator
The regulation on conditions for access to the natural gas transmission networks or
by directly applicable regulation issued under it or to its
implementation, or
r) fail to fulfil one of the responsibilities of the transmission system operator referred to in
Regulation concerning measures to safeguard security of natural gas supply.
(8) if the transmission system operator is part of a vertically
integrated natural gas businesses, committed by the holder of the license to
the transport of gas on administrative offense by
and) does not have the legal form of company under section 58b of the paragraph. 1,
(b)) shall not issue shares or certificated shares in book-entry form in accordance with
section 58b of the paragraph. 2 (a). and have established a statutory authority) under section 58b of the paragraph. 2
(a). (b)) or fails to issue statutes under section 58b of the paragraph. 2 (a). (c)),
(c)) have established a Supervisory Board under section 58b of the paragraph. 3 (b). and is not named)
the fixed number of Directors under section 58b of the paragraph. 3 (b). (b)) or will not issue
the statutes under section 58b of the paragraph. 3 (b). (c)),
(d)) to appoint or elect the statutory body or members of the
authority under section 58b of the paragraph. 4,
e) provide for the benefit of implementation of a statutory body or a member of
statutory authority in violation of § 58c para. 6,
f) appoint or elect a statutory body or a member of the statutory
authority of the person in violation of § 58d para. 1 or 2,
g) chooses a member of the Supervisory Board, to which election shall be approved
The Energy Regulatory Office, or employs working
relation to the position directly subordinate to the head of staff in the Executive
the highest management position in the line of control in matters relating to the
the operation, maintenance or development of the transmission system operator, the person who does not meet the
conditions referred to in paragraph 58d paragraph. 1,
(h)) to provide for the benefit of the statutory authority, a statutory authority,
Member of the Supervisory Board, to which election shall be the approval of the energy
the regulatory authority, or member of staff directly subordinate to the head of
employees in the Executive management function in the top line of the control
the transmission system operator in matters relating to the operation,
the maintenance or development of the transmission network performance in violation of § 58d para.
4,
I) violate the prohibition in section 58e para. 2,
j) itself, or through a controlled entity holding shares in subsidiaries
the company, which produces the gas trades with a gas or custom
installations for the production of gas, or such subsidiary shall take
the right to a share of the profits or other similar transactions in violation of § 58g
paragraph. 2,
k) violates any of the duties referred to in paragraph 58g paragraph. 3 or 4,
l) violates any of the obligations specified in § 58 h of paragraph 1. 1 or 2,
m) one of the breaches of the prohibitions referred to in § 58 h of paragraph 1. 4, 5, 10 or 11
or any of the requirements referred to in § 58 h of paragraph 1. 9 or 12,
n) will provide the service to another person that is part of the same vertically
integrated natural gas businesses, in violation of § 58 h of paragraph 1. 6,
about) is in violation of § 58 h of paragraph 1. 8, or carries on business in the business
the premises in which the business is carried on by another person, which is part of the
the same vertically integrated natural gas trader, contrary to section
58 para. 8,
p) does not accept the program of equal treatment or to disclose it pursuant to § 58i
paragraph. 1 or does not ensure proper implementation of the programme of equal treatment according to the
§ 58i para. 2,
q) does not designate or otherwise does not appoint the auditor of the program functions under section
paragraph 58j. 1 or his name or otherwise to appoint the auditor's function
program, a person who does not meet the conditions referred to in paragraph 58d paragraph. 1,
r) does not provide the information or documents to the auditor of the program or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
According to § 58j para. 8 or 9,
with or does not submit to the Ministry that it has processed) or Energy
the regulatory Office of the ten-year plan for the development of the transmission system operator pursuant to §
paragraph 58 k. 1, or
t) does not connect to the transmission system, transmission system, other devices
stack gas distribution system, or the sampling gas equipment
According to § 58 para. 1.
(9) the licensee to distribute the gas, is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) does not pass the last instance supplier identifying information under section 12a
paragraph. 4,
(c) notify the commencement or termination of) restriction or interruption of distribution
gas under section 59 paragraph 1. 5 or does not renew the distribution of gas immediately
After the removal of the causes of under section 59 paragraph 1. 6,
(d)) violates any of the duties referred to in section 59 paragraph 1. 8 (a). and), (b)),
(d)) to y) or z),
e) violate any of the criteria or breaches any of its obligations
referred to in section 59A(1). 2,
f) violates any of the duties referred to in section 59A(1). 3 or 4, or
the auditor does not provide program information or documents or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
under section 59A(1). 5,
(g)) as a tenant renting does not take the undertaking or its part to their
accounting or do not notify the tenant information about the value of the leased asset
contrary to section 59A(1). 9,
h) contravenes section 59A(1). 12,
I) when carrying out activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
j) does not operate, does not maintain or correct gas connection on request
its owner under section 66 paragraph 1. 4,
to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
l) acquaintance who raised the need for relocation, the way its
the projected cost of the design or its implementation in accordance with section 70
paragraph. 2,
m) equips itself with all the customers whose gas consumption equipment is
connected to the operated system, the measuring device pursuant to § 71
paragraph. 2,
does not provide its own installation n) measurement equipment, its maintenance or
regular verification of measurement pursuant to § 71 para. 8,
o) shall be exchanged for the measuring device or does not ensure the correctness of measurement
pursuant to § 71 para. 9,
p) violates any of the obligations on a State of emergency referred to in § 73 para.
4,
q) is to eliminate accidents or restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
r) on Elimination of accidents or restore gas supply
the case of a State of emergency declared for part of the territory of the State pursuant to § 73 para.
9,
with some of the) exceeds the permission specified in § 59 paragraph 1. 1 (b). I), (j))
or l), or
t) fails to fulfil any of the obligations of the distribution system operator
under the regulation concerning measures to safeguard security of natural gas supply
gas.
(10) the holder of the license for gas storage is guilty of an administrative offense
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b) fails to notify the start or end of the) restriction or interruption of the activities of the
associated with the storage of gas under section 60(1). 5 or does not restore
activities associated with the storage of gas immediately after removal
the causes that led to its limitations or interruptions, according to § 60 para.
6,
c) violates any of the obligations specified in § 60 para. 8 (a). and), (b)),
(d)) to r) or s),
d) violating any of the criteria or breaches any of its obligations
referred to in section 60a paragraph 1. 2,
e) violates any of the duties referred to in section 60a paragraph 1. 3 or 4, or
the auditor does not provide program information or documents or other
the necessary assistance to or familiar with the program of equal treatment
the statutory body or its members, the members of the Supervisory Board or an employee
According to section 60a paragraph 1. 5,
(f)) in the exercise of activities of technical control room violates any of the
the obligations specified in § 64 para. 2,
(g) fails to notify the Department of changes) the data referred to in the decision on the
authorization under section 67 para. 9,
(h)) does not adjust at their own expense submission site for the installation of the measuring
device pursuant to § 71 para. 4 or hits into a measuring device without
the consent of the operator of a transmission or distribution system in violation
§ 71 para. 5,
I) will not allow the transmission or distribution system access
the measuring device pursuant to § 71 para. 6,
(j) to comply with the limits of consumption) of gas or changing the supply of gas under section
paragraph 73. 5,
to participate in deletion) accidents or restore the supply under section 73
paragraph. 7 or immediately after occurrence of the accident or the Declaration of a State of emergency
has not started liquidation the consequences pursuant to § 73 para. 8,
l) restricts or suspends the activity associated with the storage of gas in violation of
with § 60 para. 1 (b). (f)),
m) fail to fulfil one of the obligations of the operator under the gas tank
The regulation on conditions for access to the natural gas transmission networks or
by directly applicable regulation issued under it or to its
implementation, or
n) fail to fulfil one of the obligations of the operator under the gas tank
Regulation concerning measures to safeguard security of natural gas supply.
(11) the holder of a licence to trade in gas committed by administrative tort
by
and breach of the measures provided for in the form of) measures of a general nature according to § 18a
paragraph. 3,
(b)) as a supplier of last resort does not supply gas under section 12a paragraph 1. 2
or 6 or fails to notify the customer or operator concerned
the distribution system, the amount of the deliverable start price or other conditions
supply pursuant to section 12a paragraph 1. 3,
(c) violates any of the prohibitions) laid down in section 24a of para. 5 or § 58n
paragraph. 5,
(d)) violates any of the obligations specified in § 61 para. 2,
(e)) does not ensure safety standard gas supply under section 73a of the paragraph. 1
or does not pass the market operator and the energy regulatory office information on
the extent and the means of ensuring the safety of the standard under section 73a of the paragraph.
2,
(f)) restricts or suspends gas supply to a customer in violation of § 61 para.
1 (b). (d)), or
g) fails to comply with any of the requirements of the gas trader according to the regulation on the
measures to safeguard security of natural gas supply.
(12) the holder of a licence for the production of thermal energy or license for divorce
the heat energy is guilty of an administrative offense, by
and not to conclude a supply contract) of thermal energy, although his Subscriber
provide the necessary technical information, or does not ensure delivery of heat
power under section 76 para. 1,
(b)) exceeds some of the permission specified in § 76 para. 4,
c) violates any of the obligations specified in § 76 para. 9,
(d)) is not measured, evaluated or not charge the supply of heat energy by
the actual values of system or data of the measuring device or
neosadí, engages or does not maintain its own measuring device or
regularly does not verify the accuracy of the measurement pursuant to § 78 para. 1,
e) nepřezkouší measuring equipment, or it shall be exchanged pursuant to § 78 para. 2,
(f)) who ascertains the need for shifting caused with the way its
or the cost of its implementation, pursuant to § 86 para. 2,
g) does not inform the owner or administrator of the property of a range, or the time of
the duration of the implementation of the necessary work on the device for the distribution of heat
energy in accordance with § 87 para. 6,
(h)) does not comply with the restrictions on the consumption of thermal energy in preventing State
of an emergency or when a State of emergency under section 88 para. 3, or
I did not examine the effects of resource failure) or has not established inputs to heat
network to connect the spare resources in accordance with § 88 para. 5.
(13) an administrative offense shall be fined in the
and 100 0000 0000 Czk) or 10% of the turnover achieved by the operator
the transmission system operator or a transmission system operator in the last
completed financial year, if the administrative offence referred to in paragraph 3
(a). (b)), (d)), or m), paragraph 7 (b). (b)), (d)), q) or r), or
paragraph 8,
(b) $ 50 0000 0000), or 1% of the turnover achieved by the licensee
for the last completed financial year, if the administrative offence referred to in
paragraphs 2, 3 (a). a), c), (e)) to (l)), paragraphs 4 to 6, paragraph 7 (b).
a), c), (e))-p) or paragraphs 9 to 11,
(c)) 15 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1, or
paragraph 12.
§ 91a
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and conducts business in the energy sectors) without a licence or without permission to
business organisation recognised by the energy regulatory office under section 7a or
the energy regulatory authority has not notified the demise of permission under section 7a
paragraph. 3,
(b)) provides that electricity, gas or heat other
natural or legal person or rozúčtuje the cost of the purchase of electricity,
gas or heat energy in violation of § 3 para. 3,
(c)), as the owner will not allow the designated holder of power equipment
access to licence the energy devices in scope according to § 10 para. 7,
(d)) does not provide the Ministry, the energy regulatory office or State
energy inspection of the required documents within the specified period, or
information pursuant to § 15a paragraph 1. 1,
e) as the owner or landlord does not result in power equipment
the chart of accounts the accounts for posting about the costs and benefits of ownership of the
or rent energy-related equipment pursuant to section 20 (2). 5,
(f)) does not provide a market operator the information necessary for the performance of its
obligations, or fails to provide the information about changes to the gas supplier according to §
20, paragraph 1. 5 (b). and) or (f)) or does not pass the necessary information needed to
dispečerskému management according to § 26 para. 6,
g) violates any of the obligations set out in § 28 para. 2 (a). a) to
(f)), h), (j))) or para. 5 or one of the obligations laid down in section
62 para. 2 (a). (b)) to (i)), in § 62 para. 3 or 4,
(h)) performs a hit on the sampling device which passes through
neměřená electricity, without the consent of the transmission system operator or
distribution system operator in violation of § 28 para. 3 or
does the intervention on the supply gas device from the measuring device without
prior written consent of transmission or distribution
system in violation of § 71 para. 11,
I) runs its own replacement source without the agreement of the operator
the transmission system operator or distribution system operator in violation of
§ 28 para. 4,
j) as the owner of a direct line or a direct gas pipeline operator
violates any of the obligations set out in section 43 or section 65 paragraph 1. 3 or
as the owner of the relevant part of the power system or the person
operating the gas equipment unless otherwise agreed in writing, the conditions for
the realization of public utility works or not to grant written consent to another
building or construction or other activities in the protection zone under section 46
paragraph. 11 or § 68 para. 4,
k) does not ensure the operation, maintenance or repair of the electric or gas
connections according to § 45 para. 5 or section 66 paragraph 1. 3 repair or does not ensure
or maintenance of thermal connections in accordance with § 79 paragraph 2. 3,
l) as the owner or user of the property does not allow the operator to
the transmission system, transmission system operators or the operators of the
the performance of the activities of the distribution system in the protection zone in accordance with § 46 para.
4 or § 68 para. 5 or as owner of the property does not allow
the plant operators access to the device for the distribution of thermal energy
According to § 87 para. 6,
m) one of the breaches the prohibitions laid down in § 46 para. 8, 9, 10 or § 68
paragraph. 3 or any of the requirements set out in § 46 para. 12 or 13,
n) does not adjust the supply point for the installation of metering equipment in accordance with § 49
paragraph. 2 or § 71 para. 4,
o) notifies the transmission, transport or distribution
system fault detected on the measuring device or a hedge against
tampering without delay after their discovery, according to § 49 paragraph 1. 4
or § 71 para. 7 or fails to notify the identified violations of the measuring equipment
or his collateral under § 78 para. 4,
p) interferes in the measuring device without the consent of the transmission,
a transmission or distribution system in violation of § 49 paragraph 1. 4, § 71
paragraph. 5 or hits into a measuring device without the consent of its owner in the
contrary to section 78 para. 3,
q) will not allow the transmission or distribution system operators access to
the measuring device or neměřeným parts of a sampling of electrical equipment
According to § 49 paragraph 1. 6 or by transmission or distribution
system access to the measuring device pursuant to § 71 para. 6,
prohibition of unauthorized breaches r) transmission of electricity or unauthorized
distribution of electricity referred to in § 53 para. 2 or a prohibition on
transportation of gas or unauthorized distribution of gas referred to in section 74 para.
5,
to comply with the limits of consumption), electricity, gas, or change in supply
electricity or gas pursuant to § 54 para. 5 or § 73 para. 5 or
does not comply with restrictions on the consumption of heat energy under section 88 para. 3,
t) permanent crops drops without the consent of the transmission system operator,
distribution system operator or operator connections in the
violation of § 68 para. 6,
in the sampling device does not adjust the heat) when you change the system or
its parameters or not adjust the sampling device for the installation of heat
the measuring device after previous consultation with the supplier of heat
energy according to § 77 para. 3,
in) runs its own replacement or other source linked to the distribution
equipment or supplies thermal energy to this device without the written
the agreement with the licensee of the distribution of thermal energy in violation of § 77
paragraph. 4,
w) as the owner of the property would not tolerate the location or operation of
the distribution of the heat equipment or a part thereof pursuant to § 77 para. 6,
x) will make adjustments on the supply heat device or its parts,
which is neměřená the supply of heat energy, without the consent of
the holder of the license for the production of thermal energy or heat energy distribution
in violation of § 77 para. 7,
s) breach of the prohibition laid down in § 87 para. 4 or performs in the protection
zones of activity without the prior written consent of the operator
a device that is used for the production and distribution of thermal energy in contravention of
§ 87 para. 4,
as the owner of the building concerned) in the implementation of construction activities
does not ensure the safety of the equipment for the distribution of thermal energy in accordance with § 87
paragraph. 5.
(2) a legal entity or individual entrepreneur is committed by the administrative
tort as auditor of the program violates any of the requirements
Auditor of the program set out in section 25a paragraph 1. 5, § 58i para. 8 to 10, §
59A(1). 5 or § 60a paragraph 1. 5.
(3) a legal entity or individual entrepreneur is as a supplier of
the heat energy that is not licensed for the production of thermal energy
or the license on the distribution of thermal energy, committing an administrative offense by
that
and restricts or suspends the delivery of) heat energy in violation of § 76 para. 4
(a). I), or
(b)) does not operate, does not maintain or heat does not fix the connection on request
the owner pursuant to § 79 paragraph 2. 4.
(4) for the administrative offence referred to in paragraphs 1 to 3 shall be fined up to 15
0000 0000 EUR with the exception of the administrative offense referred to in paragraph 1 (b). with) when the
You can save up to $ 50 0000 0000 fine. ".
150. under § 91a, the following new paragraph 91 b; to 91d, including the headings
shall be added:
"§ 91 b;
Administrative offences of the person who is part of a vertically integrated
entrepreneur or a vertically integrated natural gas trader
or group
(1) a person who is part of a vertically integrated company, or
a vertically integrated natural gas trader or group,
committing an administrative offense, by
and) itself or through the controlled entity holding a stake in the operator of
the transmission system and at the same time produces gas or gas at traded
contrary to section 58g paragraph. 1,
(b)) aren't hearing or for issuing guidance on the everyday
the activities of the transmission system operator and transmission system operation
contrary to section 58g paragraph. 5,
(c)) as the parent company of the distribution system operator shall grant the
instruction regarding the normal operation or maintenance of the distribution system or
Another way to intervene in decisions about the construction or upgrade parts
distribution system contrary to section 25a paragraph 1. 2 (a). (c)) or § 59a
paragraph. 2 (a). (c)), or
(d)) as the parent company, contrary to section 60a paragraph 1. 2 (a). (c))
the operator of the storage tank instruction on the normal operation or maintenance
stack gas or otherwise intervene in decisions about the construction
or upgrade parts of the stack gas.
(2) for the administrative offence referred to in paragraph 1 (b). and) or b) stores the
a fine of up to $ 100 0000 0000 or 10% of the net turnover
a person who is part of a vertically integrated natural gas
entrepreneur or group together with the transmission system operator,
for the last completed financial year. For the administrative offence referred to in
paragraph 1 (b). c) or (d)), imposing a fine of up to 50 0000 0000 Czk
or 1% of the turnover achieved by a person who is part of the
a vertically integrated company, or of a vertically integrated
gas entrepreneur or group together with the operator
stack gas distribution system, or, for the last completed financial
period.
§ 91c
Fine won
(1) the holder of a licence or other natural person-entrepreneur or legal
a person who prevents or severely impedes the exercise of supervision pursuant to this
the law by the energy regulatory authority does not allow the performance of its
permission according to § 18 para. 4 or does not provide the energy regulatory
Office assistance, although it is obliged to do so under this Act, or of the law
governing the performance of the State control, or fails to fulfil any of the obligations
under section 18b para. 4, the Energy Regulatory Office may impose
a fine up to Czk 5 0000 0000 or 1% of the net turnover
such a person for the last completed financial year.
(2) the licence holder, to a natural person-entrepreneur or legal person,
that does not provide the Energy regulatory authority does not submit an explanation of,
the required documents or do not participate in the negotiations or will not allow the
The energy regulatory authority to look into their business records
under section 96a, if a party to the dispute rozhodovaného Energy
regulatory authority, the Energy Regulatory Office may impose
a fine up to 100 000 CZK.
(3) you can store fined repeatedly. The sum of the saved repeatedly
by the fines provided for in paragraph 1 shall not exceed 20 0000 0000 CZK
10% of the turnover achieved by the licensee is a natural person
or legal person for the last completed financial year. The sum of the
repeatedly saved by the fines provided for in paragraph 2 may not exceed
500 000 CZK.
(4) proceedings for the imposition of the fine start to riot 2 months from the date of
When the obligation breached. A fine reception State is a riot
the budget.
§ 91d
Provisions common to administrative offences
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
the obligation to prevent.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences,
the duration and circumstances under which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the administrative authority has commenced proceedings about him within 2 years from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
The Energy Regulatory Office. Fines are State budget revenue and
their management of the Energy Regulatory Office shall exercise, under the tax code.
(5) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) liability of legal persons for the administrative offence is transferred to the
any of its legal successor; This does not affect the liability of the
the original legal entity, if as a result of the conversion of ceased to exist.
(7) If a defunct legal person more successors in title, shall be responsible for
administrative offence each of them. In the area of the fine will take into consideration whether or not to
to what extent were transferred to the legal successor of the income, benefits, and other
benefits of committed administrative offense, and continues to do so, if any
of the successors in the activity, which was an administrative offence has been committed.
(8) to lapse if the legal person who has committed an administrative offence, up to
the acquisition of the decision, in which it has been for this administrative offence
fine, the obligation to pay the fine on the legal
the successor to the defunct entity. If it is, successors in more
shall be responsible for payment of the fine jointly and severally. ".
151. In § 92 para. 2, the second and third sentence shall be deleted.
152. In paragraph 92, the following shall be added at the end of paragraph 2, the phrase "Territorial inspectorates
are internal organizational units of the State Energy inspection.
The headquarters of the territorial inspectorates of the Central Director. ".
153. In paragraph 93 paragraph 1 reads:
"(1) State Energy inspection checks on the proposal of the Ministry,
The energy regulatory office or on its own initiative compliance
and the energy management Act) ^ 5a)
(b)) support of electricity production from renewable energy sources and the
amendments to certain laws (law on the promotion of the use of renewable
resources). ".
154. In § 94 paragraph 5 is added:
"(5) the decision at first instance, issued by the State Energy inspection. About
the appeal against the decision of the State Energy inspection shall be decided by
Managing Director of the State Energy inspection. ".
155. In § 95 para. 1, the word "shall" be replaced by the words "State energy
the inspection ".
156. In § 95 paragraph 3 reads:
"(3) the fine stores in the first instance the State Energy inspection. About
the appeal against the imposition of a fine shall be decided by the Central Director of the State
energy inspection. ".
157. In section 96 paragraph 2 reads as follows:
"(2) in proceedings conducted by the Energy Regulatory Office, the provisions of
the administrative code on the possible termination of the decomposition does not apply. ".
158. In section 96 paragraph 2, the following paragraphs 3 and 4 are added:
"(3) decide the Energy Regulatory Office dispute on the conclusion or amendment of
the contract, the object of which is the connection or access to the transmission
the system, a transmission system or distribution system, extractive
pipeline or storage tank or on the conclusion of a contract according to § 17
paragraph. 7, the Energy Regulatory Office shall decide on the adjustment of the mutual rights and
obligations of the parties to the dispute. When deciding to take care to avoid establishing
the imbalance in the rights and obligations of the parties to the dispute.
(4) in proceedings conducted by the energy regulatory office upon inspection
in the file of the law recognized obligation of confidentiality applies in addition to the other
legally protected or recognised the secret also on the conservation
trade secrets or confidential information of commercial protection
trade pursuant to the commercial code. The dossier shall include, in addition to the documents
containing such secrets as the instruments from which it was this mystery
removed, or a sufficiently detailed report that secret
It does not contain. At the request of the Energy Regulatory Office is a person that
the protection of such a secret witness, shall in addition to the documents containing
such a secret present a Charter, which was such a secret
removed, or edit such documents a sufficiently detailed
an elevator that does not contain secrets. ".
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
159. In paragraph 96, the following paragraph 7 is added:
"(7) the obligation arising from a decision of the Energy Regulatory Office
According to § 12 para. 2 or 3, the obligation arising from the measures imposed
by a decision of the energy regulatory office under section 18a of para. 3 or §
d of paragraph 1. 2 passes to the legal successor. Obligation arising from
the decision of the energy regulatory office under section 10, paragraph 1. 7 or § 12
paragraph. 7 this Act is transferred according to the nature of the legal successor or
to the transferee power equipment on which the decision
The Energy Regulatory Office shall be bound. If the successors in title or
purchasers of energy, responsible for the fulfilment of the
the obligation to jointly and severally. ".
160. under section 96, the following new section 96a to 96d, including the following titles:
"section 96a
In the course of proceedings for the resolution of the dispute is the Energy Regulatory Office
entitled to require the parties to provide any evidence to
to support their claim, including an oral explanation. Participant
control is bound to the challenge and in the time limit set by the energy regulatory
by the Office
and provide explanations, submit) the requested documents relating to the
the subject of the dispute and to participate in the negotiations,
(b)) to enable the energy regulatory authority to look into their
business records relating to, held by the dispute.
section 96b
(1) in proceedings under section 17(2). 7 (b). (e)) has a request for the decision
dispute the same legal effect as if it were in the same case is brought by the
the Court.
(2) in proceedings under section 17(2). 7 (b). (e)) is inadmissible if the proposal
and on the substance already) decided to court or proceedings was
Court, or
b) dispute is or has already been the subject of arbitration.
§ 96 c
A review of the Energy Regulatory Office with a prescription
Of the European Union
(1) if the Commission decides that the decision issued by the Energy
Regulatory Office is in contradiction with the EU regulation ^ 22), the
The Energy Regulatory Office of the review procedure and shall issue a decision within 2
months from the date on which the Commission has issued such a decision. Energy
the regulatory authority shall take a decision without undue delay, inform the
To the Commission.
(2) For the examination of the decision issued by the energy regulatory
the Office with the EU regulation shall apply mutatis mutandis to the provisions of the administrative
procedure on review with the fact that the Energy Regulatory Office is not
bound by the time limits for the issuance of a resolution on the initiation of the review procedure, and for
the decision at issue in the review.
§ 96d
Coercive fines
(1) the Energy Regulatory Office shall recover the storage of coercive fines
meet
and continue performance) the obligations of licensed activities for
laid down in the decision of the energy regulatory office under section 10
paragraph. 4,
(b)) the obligation to provide energy equipment licensee for
the performance of the obligations above and beyond the licence pursuant to the decision of the energy
the regulatory authority under section 10, paragraph 1. 7 or § 12 para. 7,
(c) the obligation to supply) the heat energy beyond the scope of the licence or
distribution of electricity or gas distribution beyond the licence pursuant to
the energy regulatory authority decision according to § 12 para. 2 or 3,
(d)) of the obligations resulting from the corrective measures or conditions
laid down to ensure that the corrective measures imposed
decision by the energy regulatory office pursuant to § 18 para. 3,
e) obligations arising from measures imposed by decision of the
The energy regulatory office under section 18a of para. 3 or § d of paragraph 1. 2,
(f) the obligations arising from the decision), the Energy Regulatory Office,
Commission or the Agency issued in accordance with the regulation on conditions for access to
network for cross-border exchanges of electricity or the regulation of the conditions
access to the natural gas transmission networks or by directly
applicable regulation issued on the basis thereof or to their
the execution or performance of obligations arising from the decision of the Ministry of
issued in accordance with the regulation concerning measures to safeguard security of supply
natural gas.
(2) the provisions of § 105 para. 2 of the administrative code shall not be affected.
(3) coercive fines may be imposed repeatedly. The amount of the individual law enforcement
the fine to be imposed on
and physical person) must not exceed 100 000 CZK
(b) the licence holder to manufacture) of thermal energy or heat distribution
energy or another legal person or a natural person-entrepreneur may not
exceed 1 0000 0000 CZK
(c)) another licence holder isn't listed in subparagraph (b)) shall not exceed 5
0000 0000 CZK. ".
161. In paragraph 97, paragraph 3 reads:
"(3) if approved by the order of the influence of changes in the legislation to the contrary
with the law, the licence holder is obliged to submit within 3 months
from the entry into force of such legislation with the energy policy
regulatory authority for approval a proposal for a new procedure or design changes
approved the order, which conflict with the law. In
other cases, the licensee is required to draft a new order or
proposal for changes to the approved regulations to submit at least 3 months before the date of
the proposed new regulations or changes to the approved regulations. ".
162. In paragraph 98, para. 1 at the end of the text of subparagraph (a)) the following words "and
unauthorized collection of thermal energy, ".
163. In paragraph 98, para. 1 (b). (b)), after the words "ways of dispatching
proceedings, "the words" the extent of and procedure for dispatching management
electricity generating stations ", the word" underground "shall be deleted and the end of the text
subparagraph (b)), the following words "and requirements for the technical equipment of the stations
electricity for the purpose of dispatching control, with any restrictions
production of electricity from renewable energy resources take into account the technical and
the organizational complexity of the regulation of the individual types of renewable
sources ".
164. In paragraph 98, para. 1 (b). (f)), after the words "in reducing"
the words "production of electricity".
165. In paragraph 98, para. 1 at the end of the text of the letter f), the words ",
way to ensure gas safety standards, the scope of protected
customers, including how to determine their gas consumption, which
suppliers are required to meet the standard of safety gas supply ".
166. In paragraph 98, para. 1 letter h) is added:
"h) cost for delivery to the Division method of thermal energy at the joint
measuring the quantity of thermal energy for multiple consumption points
or, in the case of the sampling sites are supplied with thermal energy
objects or parts of objects of different owners, who conclude a
the supply of heat energy, and no agreement on how to split
costs. ".
167. In paragraph 98, the dot at the end of paragraph 1 is replaced by a comma and the following
the letter i), which read as follows:
"i) patterns of applications for the granting of authorization for the construction of production plants of electricity.".
168. In paragraph 98, para. 2 at the end of the text of subparagraph (a)) the following words "and
applications for recognition of business granted in another Member State
The European Union ".
169. In paragraph 98, para. 2 the letter g) is added:
"(g) the conditions for production of electricity), gas distribution stations
systems, reservoirs and gas offtake points customers to the electricity or
the gas system, the method of determining the proportion of the costs associated with
connection and to ensuring the desired wattage or performance of electricity
or gas and the rules for the assessment of concurrent requests to the
the connection ".
170. In paragraph 98, para. 2 (a). h) point 9, the word "choice" is replaced by
"the choice and change".
171. In paragraph 98, para. 2 (a). I) in point 1, the word "underground" is deleted.
172. In paragraph 98, para. 2 (a). I) paragraph 9, after the words "when" the words
"choice and".
173. In paragraph 98, the dot at the end of paragraph 2 is replaced by a comma and the following
the letters k) and l) are added:
"to the extent the data retained for) performance under the contracts for the supply of electricity
or gas or their derivatives,
l) requirements for an application the approval of the appointment, election and recall
statutory authority, the members of the statutory body or members of the Supervisory Board
an independent transmission system operator, requirements for an application
approval of appointment or other provisions to the function and appeal of the
the functions of the auditor of the program of an independent transmission system operator, and
ways of demonstrating the technical competence of the auditor program. ".
174. In paragraph 98, paragraph 3 reads:
"(3) the Ministry for regional development shall issue a decree the rules for
the cost breakdown on the heat for space heating and the costs of providing warm
water between the final consumers. ".
175. In the annex, the words "underground storage" shall be replaced by
"Stacks" and the word "probe", the word "underground" is deleted.
Article. (II)
Transitional provisions
1. Until such time as the transmission system operator or the operator
the transmission system operator requests the grant of a certificate, but not later than within 3.
March 2012, will not apply the provisions of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act governing the obligation to
ownership of the transmission system operator or the Department
the transmission system operator and the provisions governing the obligation to
to set up an independent transmission system operator. Until such time as
The Energy Regulatory Office shall decide on the grant of the certificate, the operator
the transmission system operator or a transmission system operator, will continue to be,
but not later than within 3. March 2012, the provisions of law No.
458/2000 Coll., in the version in force until the date of entry into force of this Act,
the separation of the transmission system operator or the operator's Department
the transmission system.
2. If so requested by the holder of the licence for the transmission of electricity or gas transport
the granting of the certificate within 3. March 2012, pending such
the decision to grant the certificate shall not apply the provisions of § article 10A(1). 1
Act No. 458/2000 Coll., in the version in force from the date of entry into force of
of this Act.
3. The transmission system operator shall propose within 6 months from the date of acquisition
the effectiveness of this Act, the person for whom ensures the gas on
the basis of the contract of carriage of gas concluded prior to the effective date of
of this Act, an amendment to this agreement to meet the conditions
the provisions of § 58 para. 8 (a). y) and z) of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act.
4. the draft amendments to the agreement referred to in section 3 shall be admissible only to the extent
strictly necessary for the fulfilment of the conditions the provisions of § 58 para. 8 (a). y) and
z) of Act No. 458/2000 Coll., in the version in force from the date of entry into force of
This law, and must not affect the determination of the agreed input and
the transmission system exit points and transport capacity on each of the
them is equal to the number agreed in the contract concluded by the
the contract for the route. The sum of the payment for the shipping capacity on the input and
the output point of the transmission system and other related payments is
equal to the sum of all payments under the contract and payment for transport
capacity at the entry point of the transmission system is equal to the payment for the
shipping capacity on this entry point according to the current tariff plan
the transmission system operator on the date of entry into force of this Act.
5. The transmission system operator shall not contract change proposal
revoke or bind to a specific period or condition. This
the proposal is binding until the time of its adoption, a participant in the gas market.
6. If there is no agreement on changing the contract in accordance with points 3 to 5, this
the fact the reason to withdraw from the contract.
7. the proceedings initiated before the date of entry into force of this law shall be completed
pursuant to Act No. 458/2000 Coll., in the version in force until the date of entry into force of
of this Act. In territorial proceedings about the location of the production of electricity
instituted before the effective date of this Act shall not apply
the provision of section 30a to 30 d of Act No. 458/2000 Coll., in the version in force from
the effective date of this Act.
8. inspections begun by the State Energy inspection within the scope of,
that the effective date of this Act, shall pass to the Energy
regulatory authority and that before that date did not complete, completes the
The Energy Regulatory Office.
9. the procedure for the imposition of fines initiated by the State Energy inspection
the scope that the effective date of this Act shall be transferred
the Energy Regulatory Office, and that before that date have not been
completed, completes the Energy Regulatory Office. The penalty is saved by
Act No. 458/2000 Coll., in the version in force until the date of entry into force of this
the law. The time limits for issuing administrative decisions shall be extended by 30 days.
10. The appeal brought against the decision issued by the State
energy inspections within the scope of that effective date of
This law passes to the Energy Regulatory Office, and before the
that date has not been decided, the President shall decide the energy
Regulatory Office. The deadline for a decision on the appeal is
extended by 30 days. In doing so, it shall proceed according to the provisions of the administrative code of
the procedure for decomposition.
11. the decision imposing a fine programme initiated by the State energy
inspections before the date of entry into force of this Act completes the State
energy inspections. Execution of the decision of the State Energy inspection of the
the imposition of fines, which will be launched after the entry into force of this
the law makes the Energy Regulatory Office. Execution of the decision of the State
energy inspections, imposing a fine that could be started before the
the effective date of this Act, makes the energy regulatory
the Office.
12. limitation under section 58d paragraph. 1 and 2 of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act, do not apply to persons
the term of Office or employment relationship to the
the transmission system was created before the date of entry into force of this Act.
13. the operator of the storage tank is required to make this separation
gas storage operator under this Act within 6 months from the date of
entry into force of this Act.
14. Producer of electricity is required to equip the factory with electricity
the installed power of 2 MW and more referred to traffic before the acquisition
the effectiveness of this law, a device allowing supervisory control to 30.
June 2012.
15. Electricity is obliged to furnish to the making of electricity with
installed power from 100 kW to 2 MW referred to traffic before the acquisition
the effectiveness of this law, a device allowing supervisory control to 30.
June 2013.
16. The length of the term of Office of the President of the Energy Regulatory Office
appointed before the date of entry into force of this law shall be governed by the law
No. 458/2000 Coll., in the version in force from the date of entry into force of this
the law.
17. for the financial year following the year in which they will take this
the effectiveness of the law, when determining the amount of the fee is based on the annual
the total amount of electricity and gas, for which market participants to
electricity and gas market shall be borne by the participants in accordance with the price
the prize for the clearing rules of the market operator, consumed in the Czech
Republic in 2010. The Energy Regulatory Office shall publish a notice in the form of
communication in the statute book, the total quantity of electricity and gas, for which
the participants in the electricity market and gas market shall be borne by the participants in accordance with the
pricing rules price for clearing the market operator, consumed in the
The Czech Republic in the year 2010, within 30 days from the date of entry into force of this
the law.
18. the decision on State authorization for the construction of electricity production,
a direct line or production of thermal energy released prior to the date of acquisition
the effectiveness of this law shall remain in force. Decision referred to in
the previous sentence issued for a fixed period shall be considered as decisions
for an indefinite period.
PART TWO
Amendment of the Act on consumer protection
Article. (III)
In article 23 of Act No. 634/1992 Coll. on consumer protection, as amended by law
No 104/1995 Coll., Act No. 110/1997 Coll., Act No. 359/1999 Coll., Act
No 64/2000 Coll., Act No. 146/2000 Coll., Act No. 258/2000 Coll., Act
No 151/2002 Coll., Act No. 320/2002 Coll., Act No 227/2003 Coll., Act
No 186/2004 Coll., the Act No. 229/2006 Coll., Act No. 36/2008 Coll., Act
No 285/2009 Coll., Act No. 293/2009 Coll., Act No. 298/2009 Coll., and
Act No. 155/2010 Coll., after paragraph 11, insert a new paragraph 12,
which reads as follows:
"(12) supervision over compliance with the obligations laid down in articles 4 to 6 and section 12 of the
doing business in the energy industries section performs energy regulatory
the authority. ".
The former paragraph 12 shall become paragraph 13.
PART THREE
Amendment of the Act on the competences of the authorities of the Czech Republic in the area of prices
Article. (IV)
In section 3 of the Act No. 266/1991 Coll., on the scope of the authorities of the Czech Republic
prices, as amended by Act No. 458/2000 Coll. and Act No. 403/2009 Coll.,
paragraphs 3 and 4 are added:
"(3) the State Energy inspection checks compliance with the price
legislation to support the production of renewable electricity
energy, cogeneration of electricity and heat and secondary
energy sources.
(4) the State Energy inspection stores for violating price laws in
the support of electricity production from renewable energy sources,
the combined production of electricity and heat and secondary energy sources
fines under a special legal regulation ^ 2). ".
Article. In
Transitional provisions
1. the inspections begun by the State Energy inspection within the scope of,
that the effective date of this Act, shall pass to the Energy
regulatory authority before that date and which have not been completed, completes the State
energy inspections.
2. the procedure for the imposition of fines initiated by the State Energy inspection
the scope that the effective date of this Act shall be transferred
the Energy Regulatory Office, and that before that date have not been
the completed, completes the State Energy inspection.
3. the decision imposing a fine programme initiated by the State energy
inspections before the date of entry into force of this Act completes the State
energy inspections. Enforcement of decisions imposing a fine that will be
You cannot begin until after the entry into force of this Act, carry out Energy
regulatory authority.
PART FOUR
The EFFECTIVENESS of the
Article. (VI)
This law shall enter into force on the thirtieth day after the date of its publication,
the exception to section 17 d, which shall take effect on 1 January 2000. January 2012.
Němcová in r.
Klaus r.
Nečas in r.
