280/2007 Sb.
The DECREE
of 24 June. October 2007
on the implementation of the provisions of the Energy Act on Energy regulatory
Fund and obligations beyond the scope of the licence
The Energy Regulatory Office (hereinafter referred to as "the authority"), pursuant to section 98, paragraph. 7
Act No. 458/2000 Coll., on conditions for business and public administration
in the energy sectors and on the amendment of certain laws (energy
in the text of the law), law no 262/2002 Coll. and no 670/2004 Coll., to implement the
section 13 (3). 2 and § 17 paragraph. 7 (b). (b)), f) and (g)) of the Energy Act:
§ 1
The subject of the edit
This Decree lays down the
and the method of selection of the holder) for the performance of the obligations above and beyond
licence (hereinafter referred to as "licensee"),
(b) the method of calculating the provable loss) in the performance of the obligations above and beyond
the licence and the documents which must be provable loss calculations
supported by the evidence and defined,
(c)) the rules for the Assembly of the financial contribution of the holders of licenses to
the Fund and the rules for withdrawing funds from the Fund.
§ 2
The method of selection of the designated licensee
(1) when the selection specified by the holder of the licence for the manufacture or distribution of heat
energy supply for the performance of duties beyond the scope of the license shall be assessed
and the licensee's) ability to continue in continuous supply
heat energy instead of the previous holder of the licence or of a natural or
legal person, who is not the holder of a licence, and that has stopped or
imminent that ceases to carry on the activity in which the
the supply of heat energy is carried out; This ability of the licence holder
in particular, the proof shows the volume of available financial resources, and
reserves in them the necessary technical equipment to ensure the performance
the obligation to supply heat energy beyond the scope of the licence and of the human resources
the performance of the obligations of the security of supply of thermal energy in excess of the license
After the specified time period,
(b)) to provide thermal energy for pricing, delivery and
the qualitative conditions which are comparable for the customer
the existing, or more favourable than the current or most
approaching.
(2) When the selection specified by the holder of the licence for the distribution of electricity, or
the gas for the performance of the obligations above and beyond the licence shall apply mutatis mutandis.
§ 3
How to calculate tangible loss
(1) specified by the holder of the licence shall be calculated as the difference between the amount of provable loss
between the economically eligible costs to meet the obligation to supply
thermal energy in excess of the license or the fulfilment of the obligations of the distribution
electricity or gas in excess of the license and revenue obtained from the implementation of the
This obligation. The amount of provable loss shall be rounded to whole
hundreds of crowns the top.
(2) for the economically justifiable costs of the implementation of the obligation to supply
thermal energy in excess of the license or the fulfilment of the obligations of the distribution
electricity or gas in excess of the license shall be deemed economically justified
the cost of the designated holder of the license for the distribution of electricity, or
distribution of gas under a special legal regulation ^ 1) or
eligible costs for the production of thermal energy or heat energy distribution
fixed by the Office under a special legal regulation ^ 2).
(3) form for calculation of the provable loss is given in annex 1.
The form for the calculation of the provable loss is available at the headquarters of the authority and the
the Office is also published in a manner enabling remote access.
(4) If a designated Office to the holder of the license above and beyond
the license, which includes more licensed activities, specified by the holder of the
the licence shall be calculated and shall submit the amount of provable loss individually for
licensed activities.
(5) in calculating the amount of the provable loss on the performance of the obligations of
the framework is based on the license specified by the holder of the licence of the
and separately led by separate accounts) relating to the implementation of the
the obligations above and beyond the license ^ 3),
(b)) the accounts maintained in accordance with the Act on accounting.
(6) the licence holder shall submit to the Authority, together with the calculation of
provable loss
and the Protocol for the provision of energy) equipment for performance of obligations
beyond the license, whose requirements are listed in annex 2,
(b)) the accounts covering the period of performance of the obligation in excess of the license
drawn up in accordance with the Act on accounting, the
(c) the results of the separate registration) costs and revenues for the period of performance
duties beyond the scope of the licence and of the costs and revenue with the implementation of the obligations of the
beyond the license directly linked, on a separate
^ 3 accounts),
(d)) and depreciation the depreciation applied for the duration of the obligations above and beyond
licence.
§ 4
Rules for the compilation of the financial contribution to the Fund
(1) for the total annual volume of sales achieved by the licence holder for the
the purposes of this Ordinance shall be deemed to
and) the total annual sales volume for manufactured and supplied thermal energy after
deduction of the costs incurred by the holder of the licence for the acquisition of thermal
energy from another licensee for the production of thermal energy, if it
the holder of a licence for the production of thermal energy,
(b)), the total annual sales volume for thermal energy withdrawn from the customer
the distribution of the heat equipment operated by it, after deduction of the costs
incurred by the holder of the licence for the acquisition of such thermal energy from the
another of the holder of a licence for the manufacture or distribution of thermal energy, if it
the holder of the license for the distribution of thermal energy,
(c)), the total annual sales volume for thermal energy delivered from the source
thermal energy and thermal energy removed by the customer
operated by the distribution of the heat equipment, after deduction of the costs
incurred by the holder of the licence for the acquisition of thermal energy from another
the holder of a licence for the manufacture or distribution of thermal energy, if it is about
the simultaneous holder of licenses for the production and distribution of thermal energy on.
(2) the holder of a licence For each Authority calculates the proportion of the total
It achieved annual sales of the licensed activity and total
the annual volume of achieved sales of all licence holders for the previous
the posting period. The amount of the financial contribution shall be rounded to whole
the Crown up.
§ 5
The rules for withdrawing funds from the Fund
(1) If so specified by the holder of the licence has not made already during the transfer calculation
the amount of provable loss shall inform the Office within 5 days from the date of legal power
the decision establishing the Office sets the amount of the remuneration of the proven losses, the number of
the relevant bank account, which has to be proven loss recovered.
(2) the authority shall pay to the designated licensee demonstrable loss to 30
days from the date of the decision, which sets the amount of the remuneration
provable loss. If specified by the holder of the licence has failed to communicate on a date
provided for in paragraph 1 the Office of the relevant bank account number to which the
be demonstrable loss of paid, shall be reimbursed by the authority designated by the licensee
demonstrable loss within 30 days from the date of such communication.
§ 6
Cancellation provisions
Shall be repealed:
1. Decree No. 377/2001 Coll. on Energy regulatory fund, which
provides for the method of selection of the designated holder of the licence, the method of calculation
provable loss and the amount of the payment of financial contributions, including the rules
to this Fund.
2. Decree No 366/2002 Coll., amending Decree of the energy
the regulatory authority no 377/2001 Coll. on Energy regulatory fund,
laying down the method of selection of the designated holder of the license, the way
the calculation of the amount of the proven losses and including the rules of payment financial
contributions to this Fund.
section 7 of the
The effectiveness of the
This Decree shall take effect on 1 January 2005. December 2007.
Chairman:
Ing. The firt in r.
Annex 1
The form for the calculation of the amount of provable loss
for the period from ... to....................................... (DD/MM/YYYY)
1. The designated licensee
Name, surname and any appendix or the business name or the name of the
the designated licensee (in accordance with the entry in the
commercial/industrial/other register, if specified by the licensee in the
such written records):
Identification number:
Registered office or place of business. the specified address of the licence holder
(the name of the municipality and, where appropriate, in part, the street name, house number and
the Guide has been assigned the zip code, country):
Licence number:
Bank connection:
An obligation beyond the imposed by the decision of the day............ (DD/MM/YYYY)
No j......
2. Calculation of the provable loss
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l. Economically justified costs Czk
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1
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2
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3
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4
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5
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6
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7
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8
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n
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Economically justified costs total Czk
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The sum of the
1 to n
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Revenues in Czk
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Demonstrable loss of Czk
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Notes:
Economically justified cost-economically justified costs specified
the holder of a licence for the production of thermal energy or heat energy distribution
within the range specified by decision of the Office or the price economically
eligible cost specified by the licence holder for the distribution of electricity
or distribution of gas under a special legal regulation.
Economically justified total cost-the sum of all individual items
the economically eligible costs specified by the licence holder.
Revenue-revenue achieved from the implementation of the obligations above and beyond the license.
Demonstrable loss-difference between Economically justified
total costs and revenues.
3. the Declaration of the designated holder of the correctness, completeness and
the veracity of the information
I declare that all information provided are correct, complete and truthful.
Name and surname of the holder of the licence specified by the/name and surname of the person or
the persons authorized to act on behalf of the designated holder of the licence:
V ………………………. dne ………………………. (DD/MM/YYYY)
…………………………………………………………………………………………
The signature of the designated holder of the licence or
the person or persons authorized to act for the
specified by the licence holder
Annex 2
The essentials of a pass-through Protocol
and the designation of the transferring and specified) of the holder of the licence,
(b) a description of the energy provided by the device), its components and
Accessories,
(c) the method of transmission and reception) provided by power equipment,
(d) the special conditions of the service provided), power equipment,
If the licence holder has been designed,
e) an inventory of the passed operating-technical and commercial documentation
provided by power equipment,
(f) an inventory of the documents on the transfer of) employees to other employers in the
the framework provided by the power equipment-only in case if there is a
the transfer of employees and their labour relations.
1) § 2 (2). 2 (a). and) Decree No. 580/1990 Coll., implementing the
Act No. 526/1990 Coll., on prices, as amended.
2 (b)) § 2 c. c) of Act No. 265/1991 Coll., on the scope of the authorities of the Czech
Republic in the area of prices, in the wording of later regulations.
section 12, paragraph 3). 6 energy bill.
