Amendment To The Energy Act And Change Other Related Laws

Original Language Title: změna energetického zákona a změna dalších souvisejících zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74544&nr=211~2F2011~20Sb.&ft=txt

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.