Energy Management (Amendment) Act And The Act On Administrative Fees

Original Language Title: změna zákona o hospodaření energií a zákona o správních poplatcích

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84045&nr=103~2F2015~20Sb.&ft=txt

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.