103/2015 Sb.
LAW
of 10 June 1999. April 2015,
amending Act No. 406/2000 Coll. on energy management, as
amended, and Act No 634/2004 Coll., on administrative fees,
as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on energy management
Article. (I)
Act No. 406/2000 Coll. on energy management, as amended by Act No.
359/2003 Coll., Act No. 695/2004 Coll., Act No. 180/2005 Coll., Act No.
177/2006 Coll., Act No. 186/2006 Coll., Act No. 216/2006 Coll., Act No.
574/2006 Coll., Act No. 393/2007 Coll., Act No. 124/2008 Coll., Act No.
223/2009 Coll., Act No. 299/2007 Coll., Act No. 53/2010 Coll., Act No.
165/2012 Coll., Act No. 318/2012 Coll. and Act No. 310/2013 Coll., is amended
as follows:
1. Footnote 1 is added:
"1) European Parliament and Council Directive 2009/28/EC of 23 December 2003. April
2009 on the promotion of the use of energy from renewable sources and amending and
subsequently repealing directives 2001/77/EC and 2003/30/EC.
European Parliament and Council directive 2009/125/EC of 21 June 1999. October 2009
establishing a framework for the setting of ecodesign on
with the consumption of energy.
European Parliament and Council directive 2010/30/EC of 19 June 2000. May 2010
on the marketing of energy consumption and other sources of energy labelling
energy-related products and synergies
about the product.
European Parliament and Council directive 2010/19/EU of 7. May 2010
on the energy performance of buildings.
Directive of the European Parliament and of the Council of 2012/27/EU of 25. October 2012
on energy efficiency, amending directives 2009/125/EC and 2010/30/EU and
repeal of directives 2004/8/EC and 2006/32/EC ".
2. In paragraph 1, at the end of paragraph (e)) dot replaced with a comma and the following
subparagraph (f)), which read as follows:
"(f)) some of the rules for the provision of energy services.".
3. In article 2 (2). 1 (b)), and (c)):
"(b)) energy management system of related file or
interacting elements of the plan, which sets out the objective in the area of efficiency
use of energy and a strategy to achieve this objective,
c) heat pump device that transfers heat from air, water
or land to buildings or industrial installations or of buildings or
industrial plants into the environment so that it removes the heat from the
environment with lower temperatures and passes it to the environment with higher temperature
against the direction of its natural share ".
4. In article 2 (2). 1 (b). (h)), the words "for the adjustment of temperature, humidity,
cleanliness and air flow in the internal environment, including equipment for
distribution of heat, cold and air, which are "shall be replaced by
"for modifying the parameters of the internal environment, which has the function of
cooling and is ".
5. In article 2 (2). 1 (b). (j)), the word "multibyte" is replaced by "more
apartment ".
6. In article 2 (2). 1 (b). l) after the word "nominal" is inserted after the word
"electric".
7. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following
the x's) to z) are added:
"x) effective heating and cooling method of heating or cooling, which
cost effectively reduces the amount of primary energy input necessary
for delivery to the unit of energy in the construction compared to the default state when
taking into account the energy needed to obtain the input of primary energy, its
conversion, transmission and distribution
a substantial reconstruction of y) change the finished structure whose projected
the costs would exceed 50% of the investment cost of a new comparable
the construction,
of the central authority of the institution) the Central Government and other authority of the United
States as defined in annex XII to Commission decision 2008/963/EC establishing
the amended annex European Parliament and Council directives 2004/17/EC and
2004/18/EC on public procurement procedures, as regards the
lists of contracting entities and contracting authorities. ".
8. In paragraph 2, at the end of paragraph 2, the period is replaced by a comma and the following
letters n) to r) are added:
"by increasing the efficiency of the use of the n) the increase in the efficiency of energy use in energy
due to technological or economic changes, or due to changes in the
human behavior,
about) energy service activities whose purpose is verifiable and
measurable or calculation provided for increasing the efficiency of use of energy or
the purpose of energy consumption through energy-saving
efficient technology or operational activities, maintenance or control,
p) energy services agreement: a contractual arrangement between the beneficiary and the
energy services provider about measures to increase the effectiveness
use of energy, verified and controlled during the entire duration of the contractual
of the undertaking, where the costs are to be paid in relation to the contractually
fixed rate of increase of efficiency of use of energy or other
the agreed energy performance criteria, such as financial
savings,
q) provider of energy services means any natural or legal person,
that delivers energy services and/or other measures to increase the
the efficiency of use of energy end user device, or in the context of its
the building,
r) energy savings amount of saved energy determined by measuring and/or
energy consumption calculation before you perform one or more of the measures to
increase the efficiency of energy use, and after him, whilst ensuring normalisation
external conditions that affect energy consumption. ".
9. sections 3 and 4, including headings and footnotes, no 2:
"§ 3
State energy planning
(1) a State energy planning is a strategic document that spoke
the objectives of the State in the management of energy in accordance with the principles of permanently
sustainable development, security of energy supply,
the competitiveness of the economy and social acceptance for
population and is accepted for a period of 25 years.
(2) a State energy planning is binding for the performance of State administration in the
the field of energy management.
(3) the State energy concept approved, on a proposal of the Ministry of
trade and industry (hereinafter referred to as "the Ministry") Government. The Government shall submit to the
information to the State energy concept for the Chamber of Deputies and the Senate
Parliament of the Czech Republic.
(4) the fulfilment of the State energy concept evaluates Ministry
at least once every 5 years, and inform the Government evaluation. The evaluation of the
is the basis for a possible update of the State energy concept.
(5) documents to the extent necessary for processing and evaluation of State
the energy concept provides free of charge to the Ministry if it is
called upon the central authority of State administration, the owner of the power equipment
or holder of the licence to do business in the energy sectors ^ 2).
(6) the State energy concept is the basis for a policy of territorial
development of ^ 4).
(7) the content and method of handling the State energy concept and content, and
the structure of documents for processing and evaluating establishes Government
by regulation.
§ 4
Territorial energy planning
(1) the territorial energy planning sets out the objectives and principles of management of
energy on the territory of the region, the capital city of Prague, its boroughs or
of the village. Territorial energy planning creates conditions for efficient
energy management in accordance with the needs of economic and social
development, including environmental protection and sound management with
natural sources of energy. Territorial energy planning includes
defined and anticipated areas or corridors for the public benefit
construction for the development of the energy economy, while taking into account
the potential use of efficient heating and cooling systems, in particular if
use high-performance cogeneration of electricity and heat, and
heating and cooling using renewable sources of energy, where
It's a good idea. Part of the territorial energy concept is the evaluation of the
indicators of safety, competitiveness and sustainability management
energy. Territorial energy planning is being processed for a period of 25 years and
based on the State energy concept.
(2) the territorial energy planning in a broader territorial context
the solution to the territory and develops the objectives and sets the State energy concept and
defines the strategy for their implementation.
(3) the territorial energy concept shall be obliged to accept on its own
the cost for your territorial region of the circumference and the capital city of Prague.
(4) the draft energy master plan prepared in accordance with paragraph 3
prior to the release of the assessment by the Ministry. The Ministry shall determine whether
draft energy master plan meets the requirements of this Act and is
in accordance with the State energy concept and shall inform the petitioner of its
opinion within 90 days of the date of submission of the proposal. If the Ministry of
to communicate its opinion within the time limit, the rule, submitted by the
proposal for a territorial energy concept agrees.
(5) the Territorial energy concept can, if it is not the obligation of the
referred to in paragraph 3 may take a village to its territorial circuit or part of it
or the urban part of the city of Prague. Territorial energy planning
municipalities must be taken in accordance with the territorial energy concept of accepted
region, or the capital city of Prague.
(6) the Territorial energy planning is the basis for policy processing
spatial development or land use plan ^ 4).
(7) region and the capital city of Prague at least every five years a report on the processes
the application of the territorial energy concept in the past period and submit
her Ministry that uses it for evaluation or update
the State energy concept. The municipality in the case of the territorial power
the concept adopted, processes at least once every five years a report on the
the application of in the past period and submit them to the region. The report is the basis of
for an update of the relevant territorial energy concept.
(8) the supporting documents to the extent necessary for processing the territorial energy
concept and message processing on the application of the territorial energy concept
in the past period in the respective territories of the central authority provides free of charge
Government or the owner of the power equipment or licensee
on business in the energy sectors ^ 2), if prompted to do so.
(9) the content and method of handling the territorial energy concept and content, and
the structure of documents for processing messages and territorial energy concept
on the application of the territorial energy concept provides for government regulation.
2) Act No. 458/2000 Coll., on conditions for business and for the exercise of State
management in the energy sectors and on amendments to certain laws
(Energy Act), as amended. ".
Footnote 2a is repealed.
10. in § 5 para. 2 and 3, the words "in agreement with the Ministry of
environment ' shall be deleted.
11. in § 5 para. 4 (b). (b)), after the words "the use of the word
"high-performance".
12. in § 5 para. 4 (b). (j)), after the word "Download" the words
"energy management systems".
13. in § 5 para. 4 (b). k), the words ", medium and very small
businesses "are replaced by the words" and medium-sized enterprises ^ 18). "
Footnote 18 is added:
"18), title I of the annex to Commission recommendation 2003/361/EC of 6 May 1999. may
2003 concerning the definition of micro, small and medium-sized enterprises, the official
Official Journal L 124, 8. 5.2003, s. 36. ".
14. in section 5, the dot at the end of paragraph 4 is replaced by a comma and the following
letters m) up to), which read as follows:
"m) support informing households of the benefits of energy audits,
energy performance certificates and energy assessments,
n) promote the efficient use of energy for small and medium-sized enterprises and
household,
o) advice and the promotion of energy services. ".
15. in § 5 para. 5, the words "the Program is uveřejňován in the business journal
and the Ministry of it "shall be replaced by" the program ".
16. in section 6, paragraphs 4 to 7 shall be deleted.
17. in section 6a, the following paragraph 6 is added:
"(6) the State Energy inspection checks each year report referred to in
paragraph 3 (b). (e)); their number must match at least one
in 20 messages issued in the previous calendar year. ".
18. In article 7 (2). 1 introductory part of the provisions for the word "permit"
the words "request for change of the building prior to its completion with the
impact on its energy performance requirements "and the word" prove "is replaced by
the words "it demonstrate evidence of the energy performance of buildings, which
contains reviews ".
19. in paragraph 7 (2). 1 (b). a) to (c)), the words "a positive binding opinion
pursuant to section 13 of the institution concerned ' shall be deleted.
20. In paragraph 7 (2). 1 (b). (d)), the words "evidence of the energy performance of
building "shall be deleted and the words" alternative systems of energy supply "
replaced by the words "of the local power supply system that uses energy
from renewable energy sources, the combined production of electricity and heat, the system
supply of thermal energy and heat pumps (hereinafter referred to as
"alternative energy supply system") ".
21. in section 7 (2). 2, after the words "building permit" the words ",
change request construction before completing the impact on her
energy performance requirements ".
22. in section 7 (2). 4 (b). and the words ' and) other companies registering "and" final
users ' shall be deleted and the words "the end user is obliged to" are replaced by the
the words "owners and users of apartments or commercial premises are
obliged to. "
23. in paragraph 7 (2). 4 (b). (b)) after the word "resources", the words ",
which are financed from the programmes of support from national, European
funds or funds derived from the
the sale of greenhouse gas emission allowances, ".
24. In paragraph 7, the dot at the end of paragraph 4 is replaced by a comma and the following
the letters f) and (g)), which read as follows:
"f) equipped with natural or legal persons who purchase heat, cold
or hot water for their own final use (hereinafter referred to as "the ultimate
customer "), the internal thermal installations in buildings set out by gauges
the law on metrology; the final customer has the right to install these
measuring instruments and at the same time is required to allow their installation, maintenance and
control,
g) equipped with, in the case of residential buildings and multi-purpose buildings with delivery
heat or cold from heat energy supply system or with the
Central heating or cooling or joint preparation of hot water
Each apartment and commercial space unit other companies registering supply of heat
energy, which are determined according to the law on weights and measures, or
device for distributing the costs of heating, to the extent and in the manner
According to the implementing legislation; owners and users of apartments or
non-residential premises shall be required, upon the invitation of the owner of the building or
the owners of the units to allow the installation, maintenance and inspection
These devices. ".
25. In section 7 (2). 5 at the end of the text of subparagraph (d)), the words ", which
are used only part of the year and the estimated energy consumption is
less than 25% of energy consumption, which would have occurred during the year-long
the use of ".
26. in section 7 at the end of paragraph 5, the dot is replaced by a comma and the following
letters g) to (j)) are added:
"(g)) in the buildings of the intelligence services,
h) for buildings important for the defense of the State, which are intended for
special usage
I) for buildings, which are laid down by an object, or in which it is established
an object used to protect classified information classification Strictly
secret or confidential,
j) in selected buildings to ensure the security of the State, the designated supervisor
organizational units of the State, which is appropriate to manage with them or is
used. ".
27. in section 7 (2). 9, the words "and other companies registering" shall be deleted and the words "final
users "are replaced by the words" the scope and equipment of each
apartments and non-residential premises equipment other companies registering the supply of heat
the energy ".
28. in Section 7a of the paragraph. 1 (b). a), b), c) and (e)) and in paragraph 2(a). 2 (a). and the words)
"to ensure the processing of the licence" shall be replaced by the words "to obtain a licence".
29. in Section 7a of the paragraph. 1, point (c)) shall be deleted. Subparagraph (d)), e) and (f))
shall be renumbered as subparagraph (c)), d) and (e)).
30. In article 7A(1). 2 (a). (d)), the words "energy performance indicators
referred to in the licence "shall be replaced by the words" classification class pointer
energy performance by implementing legislation ".
31. in Section 7a, the dot at the end of paragraph 2 is replaced by a comma and the following
the letter e), which reads as follows:
"e) in the case of sale or rental of a building or a comprehensive building
through an intermediary to pass him the video portion of the licence or
a certified copy of it; sale or rental provider shall
classification of energy performance indicators according to the class of the implementing
legislation of passed the licence in the information and
advertising material, if the provider sale or rental
do not receive the card, the graphics part in advertising and information
materials the worst classification class. ".
32. In Section 7a of the paragraph. 3 (b). (c)), the words "energy performance indicators
referred to in the licence "shall be replaced by the words" classification class pointer
energy performance by implementing legislation ".
33. In Section 7a, the dot at the end of paragraph 3 is replaced by a comma and the following
the letter d), which read as follows:
"(d) in the case of sales units) or from 1. January 2016 rental units
through an intermediary to pass him the video portion of the licence or
a certified copy of it; sale or rental provider shall
classification of energy performance indicators according to the class of the implementing
legislation of passed the licence in the information and
advertising material, if the provider sale or rental
do not receive the card, the graphics part in advertising and information
materials the worst classification class. ".
34. In Section 7a of the paragraph. 4 of the introductory part of the provisions, the word "data" shall be deleted and for the
the words "processed," the words "or to make a change
the method of heating, cooling, or the preparation of hot water in the building ".
35. In Section 7a, the dot at the end of paragraph 4 is replaced by a comma and the following
the letter e), which reads as follows:
"e) include a Protocol and a graphical representation, part of which is
the assignment of classification classes of energy performance indicators. "
36. In article 7A(1). 5, the words "(a). and), c), (d)), and (e)) "shall be replaced by
"(b). and), c), (d)), e), g), (h)), i) and (j)) and on the buildings, which are cultural
monument, or are not cultural monument, but it is located in the historic
check out ".
37. In Section 7a, the following paragraphs 9 and 10 are added:
"(9) card is neopatřuje in the sale or rental of a building or a comprehensive
part of the building, if both parties so agree in writing, and it is a building,
that was built and the last major change in the finished building was
today at 1. in January 1947.
(10) State Energy inspection checks each year passes by
paragraph 4 (b). (d)); their number must match at least one
in 20 licences issued during the preceding calendar year. Review
the certificates also includes validating input data about the building used to
issue of the licence and the licence held by the results. ".
38. In section 9, paragraph 1 reads:
"(1) the Builder, the community of unit owners or the owner of the building
or the energy economy, not covered by the obligation under
paragraph 2, shall be obliged to handle the building or energy
farm energy audit in the case that
and this building or this) energy economy has a power consumption
greater than the value of energy consumption provided for in the implementing
Regulation, and if all of its buildings and the energy economy have
the total average annual energy consumption for the last two calendar
years higher than the value of energy consumption as laid down in the implementing
by law,
(b)) for major changes to the completed buildings are not met the requirements for the
the energy performance of buildings according to § 7 (2). 5 (b). f).“.
39. In section 9, paragraph 1, the following paragraph (2), including
footnote # 19 and 20 read as follows:
"(2) an entrepreneur who is not small or medium, is
required to handle the stake used or owned by the energy
farm energy audit and it regularly handle
at least once every 4 years. The audit does not have the obligation to process the
a businessman who has established and accredited by a person certified by the system
energy management according to the Czech system of harmonised standards governing the
energy management ^ 19) or have introduced and accredited
a person certified by the environmental management system in accordance with the United
harmonised standards governing environmental systems
management ^ 20), which includes the energy audit.
19) EN ISO 50001-energy management system.
20) EN ISO 14001-environmental management systems. ".
Paragraphs 2 to 5 shall become paragraphs 3 to 6.
40. in § 9 para. 4 introductory part of the provision, the word "economy"
the words "or of the entrepreneur, which is not a small or medium
an entrepreneur, "and after the words" paragraph 1 "shall be inserted the words" or 2 ".
41. In § 9 para. 4 (b). (c)), the words "paragraph 2" shall be replaced by
"paragraph 3".
42. In paragraph 9a(1). 1 (b). a) after the word "installed" is inserted after the word
"heat", the words "200 kW" with the words "if it is not a
an alternative system of energy supply or in the transition from the alternative
the system of energy supply to another than the alternative delivery system
energy "and the words"; energy assessment is part of the licence under section 7a
paragraph. 4 (b). (c)) "shall be deleted.
43. In paragraph 9a(1). 1 (b)), and (c)):
"(b)) the assessment of the costs and benefits of providing high-performance combined
production of electricity and heat in the case of the construction of a new plant producing electricity or
the substantial renovation of the existing production plants of electricity on the total heat
input power in excess of 20 MW except electricity generating stations with lower traffic times
than 1500 hours per year, and nuclear power plants,
(c)) the assessment of the costs and benefits of using waste heat to satisfy the
economically justifiable demand for heat, including cogeneration
electricity and heat, and connect the device to a minimum of system supply
thermal energy, which is located within a distance of 1000 metres from the source
thermal energy, in the case of a new construction or substantial renovation
the existing industrial site on the total thermal input above 20 MW,
It produces waste heat of usable temperature ".
44. In paragraph 9a(1). 1, letter c) the following point (d)), which read as follows:
"(d)) an assessment of the costs and benefits of collection of waste heat utilization
at least from the industrial plants that are located within a distance of 500
metres from the distribution heat equipment, in the case of the construction of new or
the substantial renovation of the existing system of supply of thermal energy
with the resources of the total thermal input above 20 MW, ".
Subparagraph (d)) and e) shall become letters (e)), and (f)).
45. In paragraph 9a(1). 1 (b). (e)), after the words "improved efficiency" is inserted
the word "use", and at the end of paragraph (e)), the following words "If
the provider does not provide support, taking into account the needs of the individual
otherwise, the aid program ".
46. In paragraph 9a(1). 1 (b). (f)), the word "d)" shall be replaced by "e), if
the provider does not provide support, taking into account the needs of the individual
Programme ".
47. In paragraph 9a(1). 2 (a). a) and b), the words "; in the case that it is
energy assessment is processed, is part of the licence ".
48. In paragraph 9a(1). 2 (a). (c)), the words ' for public contracts ' shall be deleted.
49. In section 9a is a dot at the end of paragraph 3 is replaced by a comma and the following
subparagraph (c)), which read as follows:
"(c)) to be, in the cases referred to in paragraph 1 (b). b) to (d)),
1. part of the documentation for issuance of zoning and planning decision,
2. If you do not need a planning permit, part of project
documentation for the issue of a building permit, or
3. part of the documentation for issuance of zoning and planning decision and joint
the building permit; This does not apply in the case of new plants for electricity, the
State authorization has been issued by the construction of a plant producing electricity
under the Energy Act. ".
50. in paragraph 9a is added to § 9b, which including the title reads as follows:
"§ 9b
Efficient use of energy by central institutions
(1) in the case of excess procurement central institutions to
supply or service contracting authority shall lay down the specific technical
the conditions, which are
and the product) for delivery associated with energy consumption, which is
the requirements on labelling, the highest
available energy efficiency class determined in accordance with the directly applicable
Union legislation on labelling,
(b)) for delivery of the product linked to energy consumption, which is
subject to ecodesign requirements, if such a product at the same time
not subject to the labelling requirements, the highest
the effectiveness of the use of available energy provided by the directly applicable
Union legislation on ecodesign requirements for
(c)) for the supply of office equipment as defined by Council decision
2013/107/EU of 13 July. November 2012, on the signature and conclusion of the agreement between the
the Government of the United States of America and the Union for the coordination of the programmes
energy efficiency labelling for Office equipment labels
the minimum efficiency of use of energy in accordance with Annex C to this agreement,
(d)) for delivery of tyres as defined by regulation of the European Parliament and
No 1222/2009 of 25 June. November 2009, on labelling of tyres with
respect to fuel efficiency and other essential parameters, the highest class.
fuel efficiency under this regulation,
(e)) for the purchase of new goods) as defined in points (a) to (d)) for the purpose of
service contracts, purchase of goods meeting the conditions referred to in points) to
(d)),
(f)) for the acquisition of the buildings with the exception of acquisition of buildings for the purpose of major changes
finished building or demolition or the acquisition of buildings, cultural
monument, or are not cultural monument, but it is located in the historic
check out or zone, saving energy classification
performance of buildings and
(g)) for the rental of buildings better than less efficient classification class
energy performance of buildings.
(2) special technical conditions referred to in paragraph 1 shall apply, if the
cost effective and at the same time are in accordance with the rules of
competition. Cost efficiency, in the case of the goods means the determination of the ratio of
between the costs and benefits associated with the use of the goods referred to in paragraph 1 with the
the highest efficiency in comparison with the use of such goods with a lower
efficiency and, in the case of buildings determine the ratio between costs and benefits
associated with the use of the buildings referred to in paragraph 1 with a lower class of energy
performance compared with the use of such a building with a higher class
energy performance.
(3) a system for the monitoring of energy consumption is non-public information
the public administration system, which is used for the management of data on buildings
owned and used by the central institutions of the total energy
the reference area over 250 m2 and their energy consumption. Monitoring system
energy consumption leads the Ministry. The central institution of each year
by the end of the first quarter of the next calendar year
enter in a way allowing remote access this information into the system
monitoring energy consumption. Data held in the system of monitoring
energy consumption down detailed legislation.
(4) the obligation referred to in paragraph 3 shall not apply to the building of the intelligence
services, building important for the defense of the State, which are intended for
Special uses and buildings, which are set in the object, or
which is determined by the object that is used to protect classified information
classification of top secret or secret, and selected buildings to ensure
security of the State, designated by the head of the organizational units of the State, which is with the
them the appropriate manage or used. ".
51. In section 10, paragraph 1. 2 (b)):
"(b)) full legal capacity,".
Footnote # 6 g is deleted.
52. In section 10, paragraph 1. 4, after the word "energy", the words ",
energy-related equipment '.
53. In section 10, paragraph 1. 6 (a). (c)), after the words "on its own behalf", the words "
, document number, generated from the register of the Ministry of
the activities of the energy specialists ".
54. In section 10, paragraph 1. 6 (d)):
"(d)) continuously forward manner allowing remote access to evidence
the Ministry of energy of the performed activities information specialists
concerning the energy audit, energy assessment, compliance,
reports on the inspections of boilers and the appropriate distribution of heat energy and
reports on inspections of air conditioning systems, ".
55. In section 10, paragraph 1. 6 (a). (g)), point 1, the words "is in the work, or
a similar relationship or "shall be deleted.
56. In section 10, paragraph 1. 6 the letter i) deleted.
Letter j) is referred to as the letter i).
57. In section 10, paragraph 1. 6 (a). I), the words "§ 9 para. 2 "shall be replaced by the words" § 9
paragraph. 3. "
58. In section 10, paragraph 1. 6 at the end of paragraph (i)) the following words "and supporting documents
to process them persist for 5 years ".
59. In section 10, paragraph 1. 7, the word "Ministry" is replaced by "way
allowing remote access ".
60. In section 10, paragraph 1. 9, the words "the requirements of keeping records of the energy
specialists about the operations "are replaced by the words" the scope of the information
of the transmitted energy specialist in the register of the Ministry of
carried out activities of energy specialists ".
61. In paragraph 10, the following paragraph 10, which including the footnotes.
21:
"(10) the energy specialist is obliged to compensate the damage caused by ^ 21)
neobjektivně, incorrectly or incompletely processed by energy
energy audit, opinion, identification, inspection report
operated boilers and thermal energy distribution and control
air conditioning systems or neobjektivním, incorrect or incomplete
an assessment of the facts for their processing.
21) § civil code 2950. ".
62. In Article 10a paragraph 1. 1 (b)):
"(b)) is organized by the State Energy inspection and shall be carried out prior to the trial
the Commission appointed State Energy inspection according to the rules
laid down in the implementing regulation, ".
63. In section article 10A(1). 1 at the end of the text of subparagraph (c)), the words ", and
that the State Energy inspection immediately passes to the Ministry ".
64. In Article 10a paragraph 3 reads:
"(3) completion of continuing education includes the submission of requests to participate
in the intermediate education at the proper time, participation in continuing training
and the successful passing of written expert test. ".
65. In Article 10a paragraph 4 is added:
"(4) Checking
and) is performed on the basis of the challenges the State Energy inspection before
test Boards appointed State Energy inspection,
1. on the proposal of the Ministry in case of unsuccessful written
vocational test referred to in paragraph 2 (a). (c)), or
2. on its own initiative in the event of repeated committing an administrative offense
According to § 12 para. 1 (b). m) points 1, 2, 3, or 4, or under section 12a paragraph 1.
1 (b). m) points 1, 2, 3 or 4; administrative offence is committed repeatedly,
If before the expiry of 5 years from the date of the decision imposing fines for
administrative offence came into force, he was again committed any of these
administrative offences, and
(b)) is attested by the outcome of the examination, issuing
a test of the Commission and that passes the Ministry. ".
66. In Article 10a paragraph 1. 5 (b). (c)), after the words "vocational course"
the words "continuous education".
67. In section 10b is at the end of paragraph 1, the following sentence "from the date of handover
the applicant's request for permission to the State Energy inspection
implementation of vocational test to the date of transmission of the Protocol on the test result
State Energy inspection Ministry of deadlines for issuing decisions
is not running. ".
68. In section 10b, para. 2, the first sentence shall be deleted.
69. In Article 10b paragraph. 3, the words "or breach of the obligations under this
the Act "are replaced by the words" requests the cancellation of permission, would
checking or fails when checking in accordance with § article 10A(1). 4 or
with time, or do not attend continuing education pursuant to § 10 para.
7. "
70. in section 10 c of paragraph 1. 2, after the words "energy specialists"
the words "under paragraph 1".
71. In section c, paragraphs 3 to 8 shall be deleted.
72. In section 10 d of paragraph 1 reads:
"(10b. 2 a person authorized to perform the installation is required to ensure the performance of the
professional activities are ing in the installation of the selected device
producing energy from renewable sources only to natural persons,
that they are holders of a certificate of professional qualifications for the
activities according to the law on the recognition of the results of the further education not older
than 5 years. ".
73. In section 10 d of the dplňuje paragraph 3, which reads as follows:
"(3) the Ministry as the authorizing authority publishes on their
the website of the information from the registration certificates issued in accordance with
the law on the recognition of the results of further education, which are
and) the name or names, and last names, and any academic degree and
scientific rank candidates,
(b)) date of birth,
(c)) date of examination and date of issue of the certificate,
(d) the name of the professional qualification for) installation of the selected device
producing energy from renewable energy sources reached on
the basis of the verification of professional competence in the Scripture. ".
74. section 10e-10 h including heading shall be added:
"§ 10e
Energy services agreement
(1) contract for energy services (hereinafter referred to as "the agreement") shall be
in writing and must also include
and) to enumerate the measures in the area of efficiency of use of energy, to be
implemented, or enumeration results in the area of efficiency of use of energy,
to be achieved,
(b) the specification of guaranteed cost savings) or energy savings, which has
be achieved through the implementation of the measures contained in the Treaty, including
the size of the guaranteed savings that will be achieved at different periods
the duration of the contractual obligation in the standard conditions of operation,
(c)) the period for which the contract is concluded, the terms of withdrawal,
dates and periods relevant to the survey achieved cost savings or
energy savings,
(d) default data to determine) achieved cost savings or savings
energy, which include at least
1. the default power consumption and cost compared to the default, which is
calculated savings achieved, and
2. the default energy prices, on the basis of which the reference is calculated
the amount of the costs referred to in point 1,
e) list of steps that must be taken for the implementation of the measures or
the package of measures, where appropriate, by the associated costs,
(f) the conditions for the possible involvement of) third parties in the context of the
subcontracting with the provider of energy services,
(g)) the determination of the rewards for providers of energy services for the
provided by performance, including the allocation of retained earnings of the Contracting Parties
financial savings
h) conditions for documenting, measuring and verifying achieved guaranteed
cost savings or energy saving, quality checks and guarantees
I) procedure, which is in response to changing framework conditions, which
affect the content and the outcome of the Treaty, in particular to changes in energy prices,
changes in the intensity of use of objects and devices,
(j) the extent of financial risk) agreements or sanctions in the event of jeopardising the
the agreed use of energy and increasing the efficiency
k) penalties for breach of contractual obligations.
(2) if the beneficiary is not the contracting authority under the energy services
the law governing the contract, the contract may not contain
requirements referred to in paragraph 1 (b). b) to (d)), and (f)) to) or the
the provisions for the negotiation of the Treaty shall apply mutatis mutandis.
section 10f
A list of providers of energy services
(1) a list of providers of energy services is a public information
the system of public administration, that is used to register the providers
energy services.
(2) the administrator of the list of providers of energy services is
by the Ministry. The Ministry shall publish the particulars of the list of providers
energy services on their website.
(3) in the list of providers of energy services, the details of the
natural persons
and) the name or names, first and last name,
(b)) date of birth,
(c) the identification number of the person) if it has been allocated, the
(d) the address of the place of residence) and
(e) the contact details of, at least) the telephone number and email address.
(4) in the list of providers of energy services, the details of the
legal persons
a) name or business name,
(b) the identification number of the person) if it has been allocated, the
(c) the address of the registered office),
d) for foreign persons also registered address of the branch or other organizational
folder of the business establishment in the territory of the Czech Republic, if it
is established, and
(e) the contact details of, at least) the telephone number and email address.
(5) the Energy Services Provider is obliged to the Ministry without
undue delay notify changes in registered information, with the exception of
data that are kept in basic registers.
§ 10 g
The deletion from the list of providers of energy services
A Ministry from the list of providers of energy services clears the
the person who
and for the removal from the list) has asked,
(b)) died, was declared dead, or ceased to exist,
(c)) was limited in incapacitation, or
(d)) has ceased to be a provider of energy services.
§ 10 h
Use of data from the information systems of the public administration
(1) for the performance of the scope of the Ministry under this Act
and data from the registry) of the population,
(b) from the information system) data of population register,
(c)) the data from the information system.
(2) development of information pursuant to paragraph 1. and) are
and) the name or name, last name,
(b)) date of birth,
(c) the address of the place of stay)
(d)) date of death; If it is issued the Court's decision on the Declaration of death,
the day that the decision is listed as the day of death or the day that
the data subject is declared dead have survived, and the date of acquisition of legal
the power of this decision.
(3) development of information referred to in paragraph 1 (b). (b)) are
and the name or names), surname, maiden name,
(b)) date of birth,
(c) the social security number),
(d)) country of citizenship,
(e) the address of the place of residence), including previous address space
permanent residence,
f) limitation of incapacitation,
g) date of death,
h) day, who was in the Court decision on the Declaration of death listed
as the day of death or the date on which the data subject is declared dead
did not survive.
(4) the development of information referred to in paragraph 1 (b). (c)) are
and the name or names), surname, maiden name,
(b)) date of birth,
(c) the social security number),
(d)) country of citizenship,
(e)) the type and address of the place of stay, including previous permanent addresses
stay,
f) limitation of incapacitation,
g) day, who was in the Court decision on the Declaration of death listed
as the day of death or the date on which the data subject is declared dead
did not survive.
(5) the data which are kept as reference data in the principal registry
of the population, shall be used from the information system of the population register or
information system for foreigners only if they are in the shape of the previous
the current state.
(6) of the provided data that can be used in a particular case only
such data, which are necessary for the performance of the task. ".
75. In paragraph 11 (1) 1 (b). (b)) after the word "effectiveness" the words ",
they are a part of the national action plan to increase the number of buildings with almost
zero-energy buildings, and residential and renovation Strategies
commercial buildings in the Czech Republic ".
76. In paragraph 11 (1) 1 letter c) is added:
"(c)) give an opinion on draft territorial energy concept,".
77. In section 11 (1) 1 (b). g), the words "and the use of renewable and
secondary energy sources "are replaced by the words" the promotion of the use of
of renewable and secondary energy sources, the promotion of raising
the effectiveness of the use of energy and energy services, including information
consumers about the availability of qualification or certification systems
providers of energy services ".
78. In paragraph 11 (1) 1, point j) repealed.
Letters k) to (n)) shall become letters (j)) and m).
79. In paragraph 11, the dot at the end of paragraph 1 is replaced by a comma and the following
letters n) up with) are added:
"n) system for the monitoring of energy consumption,
the Ministry keeps records) carried out activities of energy
specialists,
p) keeps a list of providers of energy services,
q) processes and forwards to the European Commission a report on the progress made in the
implementation of the national energy efficiency goals,
r) processes and forwards to the European Commission statistical data concerning the
the combined production of electricity and heat,
with the evaluation methodology) prepare statistical data relating to
energy efficiency in the framework of programmes financed from the public
resources, performs their collection and processing and passes them to the European
Commission. ".
80. in § 12 para. 1 (b). and), the word "make" is replaced by
"carry out".
81. In § 12 para. 1 (b). g) point 3, the words "§ 9 para. 1 or 3 "
replaced by the words "§ 9 para. 4. "
82. In § 12 para. 1 the letter j) is added:
"(j)) as the owner or user of a dwelling or non-residential space will not allow
installation, maintenance, or inspection of equipment
1. regulating the supply of heat energy under § 7 para. 4 (b). and)
or
2. registrujících the supply of heat energy under § 7 para. 4 (b). g) on
When prompted by the owner of the building or condominiums. ".
83. In paragraph 12, at the end of paragraph 1, the period is replaced by a comma and the following
letters to) and m) are added:
"as the final customer) does not allow installation, maintenance or control
established according to the § 7 para. 4 (b). (f)),
l) as the owner of energy-related equipment does not provide to the call documents
1. for the processing or evaluation of the State energy concept under §
3 (2). 5,
2. for the processing of the territorial energy concept in accordance with § 4 para. 8, or
3. the processing of messages on the application of the territorial energy concept in the
the previous period pursuant to § 4 paragraph 2. 8,
m) as an energy specialist
1. in violation of § 6a of paragraph 1. 3 (b). e) processes the biased, wrong
or an incomplete report of the controls operated by the boilers, the relevant
distribution of heat or air conditioning systems,
2. contrary to Section 7a para. 4 (b). d) processes neobjektivně, incorrectly
or incomplete pass,
3. in violation of § 9 para. 3 (b). b) processes neobjektivně, incorrectly
or incompletely energy audit,
4. contrary to section 9a, paragraph 2. 3 (b). b) processes neobjektivně, incorrectly
or incompletely energy opinion
5. fail to fulfil one of the obligations according to § 10 para. 6, or
6. immediately question under section 10b of the paragraph. 4. ".
84. In § 12 para. 2 (a). and) the words "i) or (j))" shall be replaced by "h)
I), (j)), k) or (l)) ".
85. In § 12 para. 2 (a). (b)), the words ", g) or (h))" shall be replaced by "
, g), or m) section 5 or 6 ".
86. In paragraph 12, at the end of paragraph 2, the period is replaced by a comma and the following
subparagraph (c)), which read as follows:
"c) 500 000 CZK in the case of an offense referred to in paragraph 1 (b). m) points 1, 2,
3 or 4 ".
87. In section 12a paragraph 1. 1 (b). and), the word "make" is replaced by
"carry out".
88. In section 12a paragraph 1. 1 (b)):
"(b)) as the owner of power equipment or licensee
doing business in the energy sectors does not provide the basis for the challenge
1. the processing or evaluation of the State energy concept under § 3
paragraph. 5,
2. the processing of the territorial energy policy according to section 4, paragraph 4. 8, or
3. the processing of messages on the application of the territorial energy concept in the
the previous period pursuant to § 4 paragraph 2. 8. "
89. In section 12a paragraph 1. 1 (b). k) (2) the number "3" by "4".
90. in section 12a paragraph 1. 1 (b). m), point 3, the number "2" is replaced by "3".
91. In section 12a paragraph 1. 1, letter n) is replaced by the letters n) to r)
shall be added:
"n) as the provider of sales or rental body does the classification
a class of energy performance indicators in the information and advertising
materials pursuant to Section 7a of the paragraph. 2 (a). e) or section 7A(1). 3 (b). (d)),
about) as an entrepreneur, that is not a small or medium,
1. does not process energy audits in accordance with § 9 para. 2, or
2. fails to meet any of the requirements referred to in § 9 para. 4,
p) contrary to section 10 d does not guarantee the performance of professional activities in
installation of the selected device only to natural persons who are
hold an appropriate certificate of obtaining vocational qualifications,
q) as a provider of energy services to notify without undue
delay changes in registered information according to section 10f of para. 5,
r) as the contracting authority fails to fulfil any of the obligations under section 9b paragraph 1. 1. ".
92. In section 12a paragraph 1. 3 (b). and the word ") and)" is replaced by "b")
the word "(g))," with the words "to) point 2 or 4, (b)," and at the end of
(a)), the following words "(a). n) (a). about point 2, point (b)). p) or
q),“.
93. In section 12a paragraph 1. 3 (b). (b)), the words "(b)), h), (i)), j), or by
paragraph 1 (b). k) point 2 or 4 "shall be replaced by" h), (i) or (j))) ".
94. In section 12a paragraph 1. 3 (b). (c)), between the words "paragraph 1 (b)" and ")"
inserted the word ")," and the words "(a). n) "are replaced by the words" (a). o) point
1 or (b). r) ".
95. In section 12b of paragraph 1. 3, the number "2" is replaced by "3".
96. In § 13 para. 1 the words "Ministry of the Interior, or" shall be deleted and the words
"this Ministry is exercised by" shall be replaced by the words "Ministry of
Justice is exercised ".
97. In § 13 para. 2 at the end of the text of the first sentence, the words ", 4
or 5 "and the second sentence is replaced by the phrases" the State Energy inspection
issuing binding opinions in such proceedings, in the case of the construction
generating stations for electricity or heat generation facilities with a total thermal input above 20
MW, with the exception of electricity generating stations, on which the Ministry published by State
authorization for the construction of production plants of electricity under the Energy Act.
Furthermore, the State Energy inspection in these proceedings issued binding
opinion, if the obligation to draw up an energy assessment
pursuant to § 9a, para. 1 (b). a).“.
98. In § 13 para. 3 the first sentence, the words "or changing the sources of energy,
distribution system intended for the distribution of electricity and gas,
or distribution of thermal device "shall be replaced by" electricity production or
heat production with a total thermal input above 20 MW "and the second sentence reads as follows:
"The State Energy inspection is further affected by a government authority when
the acquisition of territorial planning documentation in the case that for the territory is
territorial energy planning released. ".
99. In section 13, paragraph 4 shall be deleted.
The present paragraph 5 shall become paragraph 4.
100. In paragraph 13, the following paragraph 5 is added:
"(5) the Ministry of the Interior as a government authority concerned exercises
binding opinions under this Act in a territorial management and construction
control for buildings carried out by the Ministry of the Interior. "
101. In § 14 para. 4, the words "and article 13" shall be deleted.
Article. (II)
Transitional provisions
1. the national energy planning must be in accordance with § 3 (1). 6 of law No.
406/2000 Coll., in the version in force from the date of entry into force of this Act,
taken into account in policy development within 3 years
from the date of entry into force of this Act.
2. Region and the capital city of Prague processes a message about the application of the territorial
energy concept in the past period pursuant to § 4 paragraph 2. 7 of law No.
406/2000 Coll., in the version in force from the date of entry into force of this Act,
within 2 years from the date of entry into force of this Act.
3. the territorial energy planning must be in accordance with § 4 para. 6 of law No.
406/2000 Coll., in the version in force from the date of entry into force of this Act,
taken into account in the report on the application of the principles of spatial development in the past
the period of not later than 4 years after the date of entry into force of this Act.
4. support for the purposes referred to in § 5 para. 4 (b). m) up to) Act No. 406/2000
Coll., in the version in force from the date of entry into force of this Act, the
published in the framework of the national programme for the promotion of energy saving and the use of
of renewable and secondary energy sources to the year 2016.
5. An entrepreneur who is not small or medium, is obliged to
process energy audits in accordance with § 9 para. 2 Act No. 406/2000 Coll.
in the version in force from the date of entry into force of this law, to 5. December
2015, if does not have a valid energy audit that was processed in the period
3 years before the date of entry into force of this Act; in this case, the
such energy audit considers the energy audit pursuant to this
the law.
6. the proceedings initiated before the date of entry into force of this law shall be completed
pursuant to Act No. 406/2000 Coll., in the version in force prior to the date of acquisition
the effectiveness of this Act.
PART TWO
Amendment of the Act on administrative fees
Article. (III)
Item 23 of the annex to the Act No 634/2004 Coll., on administrative fees,
including the footnotes # 27, 27a and 28 reads as follows:
"Item 23
and the granting of licences for business) in the energy sectors ^ 27)
1. for the production of electricity, gas and heat production
energy to the installed power of 1 MW, including,
on the distribution of electricity, gas distribution and divorce
the heat energy into the transmission capacity of 1 MW, including Eur 1 000
2. the transmission of electricity, transportation of gas and gas storage-$ 10,000
3. for electricity production and distribution of electricity, for the production of
gas and gas distribution, for the production of thermal energy
and distribution of thermal energy from 1 MW to above € 10 000
4. trade in electricity and gas trade Eur 100 000
(b)) change or cancellation of a licence for doing business in the energy
sectors or the granting, renewal or
the demise of State authorization ^ 27)
1. change the license for the production of electricity transmission of electricity
and distribution of electricity, business electricity, gas production,
gas, gas distribution, gas storage,
trade in gas and thermal energy production and distribution
the heat energy CZK 1 000
2. revocation of license for all groups without limits
performance or the issuance of a duplicate license in case of its loss,
destruction or theft of $500
3. State authorization for the construction of production plants of electricity and resources
thermal energy or public authorization for the construction of a direct
leadership or Government authorization for the construction of the selected
$10,000 of gas devices
4. the extension of the authorization granted by a State or
the demise of State authorization to construct a direct line or
the production of electricity or thermal energy sources
(power equipment) or for the construction of
the selected gas devices-$ 500
(c) the grant of a licence to dispose of) with the highly dangerous substances ^ 28) $1,000
(d) permission to Release the energy specialists) ^ 27a) to
1. the processing of energy audit and energy assessment of $1,000
2. the energy performance of the building card processing $1 000
3. the inspection of boilers and thermal energy distribution-$ 1,000
4. the inspection of air conditioning systems $1 000
(e)) the adoption cancellation request permission of the energy specialist ^ 27a)
$200 for each permission
The subject of the charge is not
1. Revocation of a license or authorization on the initiative of the demise of the State administrative
the Office.
2. the change referred to in point (b)) of this item, which is connected to change
made in the commercial register.
3. cancellation or termination of the permission of the energy specialists at the initiative of
Administrative Office.
27) Act No. 458/2000 Coll., on conditions for business and for the exercise of State
management in the energy sectors and on amendments to certain laws
(Energy Act), as amended.
27A) Act No. 406/2000 Coll. on energy management, as amended
regulations.
28) Act No. 19/1997 Coll., on certain measures connected with the
the prohibition of chemical weapons and amending and supplementing Act No. 50/1976 Coll., on the
land use planning and the building code (the building Act), as amended by
amended, Act No. 455/1991 Coll., on trades
(Trade Act), as subsequently amended, and Act No.
140/1961 Coll., the criminal act, as amended. ".
PART THREE
The EFFECTIVENESS of the
Article. (IV)
This Act shall take effect on 1 January 2000. July 2015.
Hamáček in r.
Zeman in r.
Sobotka in r.
