177/2006 Sb.
LAW
of 29 April 2004. March 2006,
amending Act No. 406/2000 Coll., on the management of energy, as amended by
amended
Parliament has passed the following Act of the Czech Republic:
Article. (I)
Act No. 406/2000 Coll., on the management of energy, as amended by Act No.
359/2003 Coll., Act No. 695/2004 Coll. and Act No. 180/2005 Coll., amended
as follows:
1. § 1, including footnote No 1 is added:
"section 1
The subject of the law
This law incorporates the relevant provisions of European Community ^ 1) and
provides for the
and some measures for increasing) the economics of the use of energy and
the obligations of natural and legal persons when dealing with energy,
(b)) rules for creating a State energy concept, the energy of the territorial
the concept and the national programme for economical energy management and
exploitation of its renewable and secondary sources.
1) Council Directive 93/76/EEC of 13 September 1993. September 1993 on the control of emissions
carbon dioxide through energy efficiency.
Directive of the European Parliament and of the Council 2002/91/EC of 16 December 2002. December
2002 on the energy performance of buildings ".
2. section 2 is added:
"§ 2
The basic concepts
For the purposes of this Act, means the
and management of energy production), transport, transmission, distribution, divorce,
energy consumption and storage of gas, including related activities,
b) renewable natural resources renewable non-fossil energy
which are wind energy, solar radiation, geothermal energy
energy, energy, water, energy, land, air, energy, energy of biomass,
energy, landfill gas, energy and biogas sludge gas energy,
(c)) usable energy source of secondary energy source, which
energy potential arises as a by-product of the conversion and
final energy consumption, in the release of the bituminózních rocks or
When the energy recovery or disposal and replacement fuels
produced on the basis of waste or in other economic activities,
(d) energy economy) set of technical facilities and buildings
used for energy management,
(e) the use of energy efficiency rate) efficiency of energy processes,
expressed by the overall ratio between energy outputs and inputs of the same
process, expressed as a percentage,
f) energy intensity building on existing buildings of the quantity
energy actually consumed, for projects of new buildings or projects
changes to the buildings, which issued the building permit, the calculated quantity
the energy to meet the requirements for standardized use of the building,
in particular, the preparation of hot water heating, cooling, air treatment
ventilation and adjustment of the parameters of the internal environment of the air conditioning system
and lighting,
(g)), the combined production of electricity and heat conversion of primary energy to the
electricity and useful heat in the joint at the same time ongoing
the process in one manufacturing facility,
h) air conditioning system all facilities and elements on the adjustment of the
the parameters of the internal environment associated with heating, cooling, zvlhčováním
and filtration of air, which are part of the construction,
I) heating process heat in the heated space provided
appropriate technical equipment, in order to create thermal comfort or
the required standards of the internal environment, which is divided into the Central
heating, home heating and local heating of the individual,
j) central heating heating, where the heat source is located outside the
heated premises used for the heating of residential or non-residential, more
space,
the rated output of the boiler) quantity of thermal power declared by the manufacturer,
that the boiler passes permanently in heat transmission to the substance when specified
conditions in the steady state,
l) nominal cooling power air conditioning system rated power input
drive the cold source declared by the manufacturer,
m) the energy performance of the building licence card, which contains
information on the energy performance of a building calculated according to the method
laid down in the implementing regulation,
n) energy audit file operations that result in
for information about the methods and level of energy use in buildings and in the
energy economy of natural and legal persons, and
a proposal on the measures to be implemented to achieve energy
savings,
on the front of the building is covered) walls, for which energy is used to
modify the internal environment; for the building as a building can be considered as
all or part of which were designed or modified for
separately,
p) the total floor area of all floors of a building floor space
defined between the outside walls, without-uninhabited worlds circling cellars and separated
unheated space,
q) larger by changing the completed building such a change of the completed building, which
takes place more than 25% of the total area of the external cladding of the building, or
such a change of technical equipment of the building with energy effects, where
the default sum affected by the consumption of energy is higher than 25% of the total
energy consumption. ".
3. In section 3, paragraph 3. 1 the number "20" is replaced by "30".
4. In section 3, paragraph 3. 3, the words ' two years ' shall be replaced by "5 years".
5. In section 4, paragraph 4. 1, after the word "County", the words "of the statutory
the city and the capital city of Prague ".
6. In section 4, paragraphs 2 and 3, including the footnote 1a shall be inserted:
"(2) the territorial energy concept for their territorial constituency sealift
Regional Office, Prague City Hall and the city councils of the statutory
cities (hereinafter referred to as "the customer") transferred competence. The territorial
the energy concept is the indispensable basis for territorial ^ 1a)
planning.
(3) the municipality has the right to its territorial circuit or part buy in
carried over the scope of the territorial energy concept in accordance with State
energy concepts. Territorial energy planning is indispensable
the basis for the territorial planning.
1A) Decree No. 135/2001 Coll. on territorial planning documents and
planning documentation, as amended by Decree No 570/2002 Coll. ".
7. In section 4, paragraph 4. 5 c) to (e)) including footnote 1b
added:
"(c) usability assessments) of renewable and secondary energy
resources and the combined production of electricity and heat,
(d) the assessment of the recoverability of the energy potential) municipal
waste ^ 1b),
e) evaluation of the technically and economically achievable economies of
more economical use of energy.
1B) Law No 185/2001 Coll., on waste and amending certain other
laws, as amended. ".
8. In section 4, the dot at the end of paragraph 5 is replaced by a comma and the following
subparagraph (f)), which read:
"(f)) solution of the energy economy of the territory, including the rationale and design
measures applicable by the concept. ".
9. In section 4, paragraph 6, including footnotes 2 and 2a is added:
"(6) to participate in the elaboration of the regional energy policy maker's
may request the assistance of the business licence holders in the energy
sectors of the ^ 2), suppliers of solid and liquid fuels and processors
municipal waste ^ 1b), who are taking on the territory for which the territorial
energy planning processes, as well as the largest consumer
energy. You are required to, if you are prompted to do so by the customer, for
the elaboration of territorial energy concept to provide free of charge necessary
the extent of the necessary documents and information; the scope and the time limits for the provision of
documents and data on detailed legal prescription ^ 2a).
2) Act No. 458/2000 Coll., on conditions for business and about the performance of the State
in the management of energy sectors and on amendments to certain laws
(Energy Act), as amended.
2A) Government Decree No. 195/2001 Coll., laying down the details of the
the content of the territorial energy concept. ".
10. In section 4, paragraph 6, the following new paragraphs 7 and 8 shall be added:
"(7) fulfilment of the territorial energy concept assesses the acquirer
at least once every four years and on the basis of evaluation can handle
proposals for change.
(8) the Customer provides on-demand information about Ministry
the current status of processing and the evaluation of the territorial energy concept
for the purposes of assessing compliance with the State energy concept. ".
The present paragraph 7 shall become paragraph 9.
11. In section 5, paragraphs 1 and 2, including the footnote No 3:
"(1) the national programme for economical energy management and use of
its renewable and secondary resources (hereinafter referred to as "the programme") is
a document expressing the objectives in the area of increasing the efficiency of energy use,
reduction of energy consumption and the use of renewable and
secondary sources in accordance with the approved by the State energy concept
and the principles of sustainable development ^ 3).
(2) the Program handles on the five-year period in agreement with the Ministry
The Ministry of the environment, and shall submit it for approval to the Government.
3) section 6 of Act No. 17/1992 Coll., on the environment. ".
12. In section 5 (3). 4 letters and) and (b)):
"and energy-saving measures), increasing the efficiency of energy use and
the reduction of the energy performance of buildings,
(b) development of combined) production of electricity and heat and
secondary energy sources ".
13. In section 5 (3). 4 for the letter e) the following new subparagraph (f)), which read:
"(f)), the development of energy recovery of municipal waste ^ 1b)".
Letters f) to (h)) are referred to as the letters g) to (i)).
14. In section 5 (3). 4 letters of h) and (i)):
"h) science, research and development in the field of energy management, energy
savings and use of renewable sources of energy,
I) processing the territorial energy concepts and tools at its
implementation. ".
15. In section 5, the dot at the end of paragraph 4 is replaced by a comma and the following
the letter j) is added:
"j) introduction of the card and the implementation of the energy performance of buildings
energy audits ".
16. In section 5, the end of the text of paragraph 5, the words "and the Ministry of
It publishes in a manner enabling remote access ".
17. section 6, including footnote No 4 to 4 d is added:
"section 6
The efficiency of use of energy
(1) a producer of electricity or thermal energy ^ 2) is bound to the newly
established by the facility for the production of electricity or thermal energy to ensure
at least the minimum efficiency of use of energy provided for implementing the legal
the code. This obligation also has the facilities for the production of electricity or the
thermal energy, in which the change in the scale of buildings completed
under special legislation ^ 4).
(2) the operating of boilers firing liquid, gaseous or solid fuels
with a rated power of 200 kW to their owner or operator
obliged to ensure regular monitoring of effectiveness. The frequency, scope and
How to perform checks on the specific legislation lays down ^ 4a).
(3) in the case of equipment that is used for the heating of an effective rated output of 20 kW
and the older 15 years from the date of putting into operation is the owner or
an operator shall ensure that a one-time inspection of boilers and of internal
distribution of thermal energy in the 3 years after the entry into force of this Act.
Part of this control is the assessment of the efficiency of the boiler and its sizing
in relation to the requirements of exclusively for heating the building.
(4) for operating boilers firing liquid, gaseous or solid fuels
with a nominal power of over 200 kW is their owner or operator
obliged to ensure regular monitoring of their effectiveness by
the implementing legislation ^ 4b).
(5) Inspection of boilers may be carried out only by persons authorized by the
special legal regulation ^ 4 c). The person carrying out the inspection referred to in
paragraphs 3 and 4 shall be examined by the Ministry of the issue
the efficiency of the use of energy and the proposals for measures. How to perform the scan and
evaluation of the efficiency of the boilers of rated power 200 kW and range
examination of the persons making the inspection referred to in paragraphs 3 and 4, the
the implementing legislation.
(6) the obligations referred to in paragraphs 2 to 4 shall not apply to the owners or
operators of boilers and internal distribution of heat energy, located in
family houses, apartments and construction sites for individual recreation with
except in cases where they operate exclusively for the business
activity. The owners of boilers placed in family houses, apartments and
construction sites for individual recreation, for the control of boilers, their
the dimensioning and the equipment used for heating provides advice
under section 5 (3). 4 (b). (g)).
(7) for air conditioning systems is the owner or operator of a facility shall
nominal cooling output higher than 12 kW shall be obliged to ensure
the periodic inspection every 4 years. How to perform the scan and
evaluation of the results on detailed legal prescription.
(8) control of air conditioning systems can only be performed by a person under section
10 issues examined by the Ministry of the use of energy efficiency and
the proposals for measures, or a person authorized by a specific legal
code ^ 4 d). The scope of the examination laid down detailed legal prescription.
(9) the owner or operator of the equipment on the distribution of thermal energy ^ 2) and
the owner of the internal heat and cold divorce is obliged for the newly
founded by devices on the distribution of heat energy and the internal distribution of heat
to ensure the effectiveness of the use of energy, energy and equipment distribution and internal
distribution of heat energy and cold laid down implementing the legal
the code. This obligation is also in case of change of completed buildings in
the range under special legislation ^ 4). The owner or
the operator of a facility for the transmission of electricity or electricity is
required to evaluate the effectiveness of the use of electricity for all operating
the device in the range specified by the implementing legislation.
(10) the manufacturer, importer or seller may be placed on the market only appliances
energy efficiency with the minimum use of energy as laid down in the implementing
legal regulation. This condition shall be considered fulfilled if the
the appliance complies with the relevant harmonised the Czech technical standard, which
It sets energy efficiency.
§ 139b, paragraph 4). 1 and 3 of Act No. 50/1976 Coll., on zoning and planning
building code (the building Act), as amended.
4A) Act No. 86/2002 Coll., on the protection of the atmosphere and some of the other
laws (the law on the protection of the atmosphere), as amended.
Government Regulation No. 352/2002 Coll., laying down emission limits and more
the conditions for the operation of internal combustion stationary sources of pollution
the air.
Decree No 356/2002 Coll., laying down the list of pollutants
substances, the emission limits, the method of transmission of messages and information,
determining the quantity of discharged pollutants, the darkness of smoke
the permissible extent of harassment to the smell and the intensity of odors, conditions
authorization of persons, the requirements for the management of operational resources registration
air pollution and the conditions for their application.
4B) Decree No 150/2001 Coll., laying down minimum efficiency
the use of energy in the production of electricity and thermal energy.
4 c) § 15 paragraph. 1 (a). and the a and b) of the Act) No 86/2002 Coll., on the protection of the atmosphere
and on amendments to certain other laws (the law on the protection of the atmosphere), as amended by
amended.
4 d) § 5 (3). 3 (b). e) and (f)) of Act No 360/1992 Coll., on the exercise of the profession of
Chartered architects and professional engineers and
technicians working in construction, as amended. ".
18. Footnote 5, including the reference to this footnote
repealed.
19. under section 6, the following new section 6a, which including the footnotes No. 5,
5A, 5b, 6, 6a and 6b:
"§ 6a
Energy performance of buildings
(1) the Builder, the owner of the building or the owners of the community units ^ 5)
must ensure compliance with the requirements on the energy performance of buildings and
meet the comparative indicators, which lays down detailed legal
prescription ^ 6a), and meet the requirements laid down by the competent
harmonised Czech technical standards. The implementing legislation
sets out the requirements on the energy performance of buildings, a comparison
pointer, the method for calculating the energy performance of buildings and details
relating to compliance with these requirements. When changes completed
the buildings are the requirements are met for the whole building or for changes to systems and
elements of the building.
(2) compliance with the requirements referred to in paragraph 1 is illustrated by the client, the owner of the
buildings or condominiums energy card
performance of the building (the "license"), which must be included in the
proof of compliance with the General technical requirements for construction ^ 5a).
The card must not be older than 10 years and is part of the dossier referred to in
the implementing legislation in the
and the construction of new buildings),
(b)) in the larger changes in the completed buildings with a total floor area
over 1000 m2, which affect their energy performance,
(c)) in the sale or lease of buildings or their parts in the cases when for
These buildings there was a duty to process licence under subparagraph (a)) or
(b)).
(3) a licence may be used for individual flats and non-residential premises for
buildings with central heating, which is connected to the source or divorce
thermal energy.
(4) the part of the card for the new buildings over 1000 m2 total floor area
must be the results of the assessment of the technical, environmental and economic
the feasibility of alternative heating systems, which are
and decentralised energy supply systems) based on energy from
renewable energy sources,
(b)), the combined production of electricity and heat,
c) district or block heating, cooling, if necessary
d) heat pumps.
(5) the contents of the card and the way of its processing, including use of
processed energy audits under section 9, lays down the legal
prescription.
(6) the operators of buildings used for purposes of education, health,
culture, business, sports, accommodation and catering services
customer centres, industry, water, energy,
transport and telecommunications and public administration with a total floor area over
1000 m2 are obligated to place a card on the publicly accessible place in the
building.
(7) the Licence may produce only a person authorized under section 10 or
the person authorized under a special legal regulation ^ 5b), přezkoušená
the Ministry referred to in the implementing legislation of the details of his
the development.
(8) the requirements referred to in paragraph 1 need not be satisfied when you change completed
the building in the event that the owner of the building energy audit proves that
It is not technically possible or economically and functionally appropriate with regard to the
the life of the building, its operational purposes or if it is contrary to the requirements of the
special legal regulation ^ 6). The requirements referred to in paragraph 1 may not be
also met at the time of temporary buildings with a planned use of up to 2 years,
building of experimental, with occasional use of the buildings, in particular for
religious activities, residential buildings, which are intended for use
less than 4 months of the year, standing buildings with a total
floor area of less than 50 m2 and a building containing the internal
the technology of the heat source. Further requirements may not be met by the
production buildings in industrial areas, in the case of establishments and neobytných
agricultural buildings with low annual energy consumption for heating ^ 6a).
(9) the owner of the building or of the community of owners of units shall be
use of new buildings or use of buildings completed after their change
having a bearing on all the technical characteristics of the building exceed the heat
specific indicators of heat consumption for heating and cooling and for the preparation of
hot water provided by the implementing legislation ^ 6b).
(10) the Builder, the owner of the building or the owners of the community units
It must equip the inner heat installations in buildings self-regulating device
thermal energy supply to final consumers in the range specified by
the implementing legislation. The end user is obliged to provide the
installation, maintenance and inspection of these devices.
(11) the owner of the building or the owners of the community units must follow the
the rules for heating and cooling, and hot water supply set
implementing the law ^ 6b). The rules do not apply to
and) deliveries exclusively for your own personal use,
b) deliveries for non-residential premises for the conditions to avoid
the limits laid down in the implementing regulation, and the islands of health and
assets,
c) deliveries to apartments, when the consent of at least two thirds of the
the tenants or owners of these flats with different rules, under conditions
to avoid exceeding the limits laid down by the implementing regulation ^ 6b) and
intrepid health and property.
5) Act No. 72/1994 Coll. on ownership of the flats, as amended
regulations.
5A) Decree No. 137/1998 Coll., on general technical requirements for
the construction.
5B) § 5 (3). 3 (b). and), e) and (f)) of Act No 360/1992 Coll., on the performance of
the profession of Chartered architects and on the profession of Chartered
engineers and technicians active in the construction, in the wording of later regulations.
6) for example, law No. 20/1987 Coll. on State care monument, in the text of the
amended.
6a) Regulation No. 291/2001 Coll., laying down details of the effectiveness
the use of heat energy consumption in buildings.
6B) Decree No 152/2001 Coll., laying down rules for the heating and
the supply of hot water, heat consumption measurement indicators for
heating and domestic hot water preparation and equipment requirements
internal thermal equipment buildings equipment delivery of self-regulating
thermal energy to final customers. ".
20. In section 8 (2). 1, after the words "to be", the words "is true and".
21. In section 8 shall be inserted after paragraph 3, paragraph 4, including
footnote No. 6 c:
"(4) the Sellers of energy appliances referred to in implementing the legal
Regulation 6 c ^ ^) shall not offer for sale of these appliances without energy
labels. The information on the label must be truthful and in the Czech language.
6 c) Decree No 442/2004 Coll., laying down the details of the labelling
energy appliances, energy labels and technical processing
documentation, as well as the minimum efficiency of use of energy for electrical power
the EUP placed on the market. ".
Paragraphs 4 to 9, shall be renumbered as paragraphs 5 to 10.
22. In section 8 (2). 8 is the number "6" is replaced by "7".
23. In section 9 paragraph 1 including the footnote No 6 d:
"(1) the energy audit done by an energy auditor. Energy audit
must be processed using energy-saving materials and
procedures, objectively and truthfully. Energy audit conducted in the range
provided for by the implementing regulation ^ 6 d) ends with a written
a report must contain a
and the current level of the period) the evaluation of the energy economy and
buildings,
(b)), the total amount of achievable energy savings including used
input and output of data and calculation methods
(c) the design of the selected variant) recommended to implement energy savings
including the economic rationale.
6 d) Decree No 213/2001 Coll., laying down the details of the requirements
energy audit, as amended. ".
24. In section 9 (2). 2, after the word "owner", the words "and the energy
Auditor "and at the end of the paragraph, the words", and even in the
electronic form ".
25. In article 9, paragraph 3 is added:
"(3) the obligation to submit the energy economy and the building, which has
ownership or other exploitation right, the energy audit applies to
and) any natural or legal person of the requesting State subsidy in the
under the programme, if the installed capacity exceeds the energy source
200 kW,
(b) organizational folder State) business unit of regions and municipalities, the capital
the city of Prague and contributory organizations with total annual energy consumption
higher than the value laid down in the implementing regulation,
(c)) the natural or legal person, with the exception of subsidized organizations, with
the total annual energy consumption higher than implementing the legal
Regulation provided for the value. ".
26. In section 9, paragraph 5 is added:
"(5) the energy audit is not performed if the existing technological
installations for the production of electricity and heat energy, the transmission of electricity and
distribution of electricity and the distribution of thermal energy requirements
on the effectiveness of the use of the power provided for in a special law. ".
27. In section 9 shall be inserted after paragraph 5 a new paragraph 6 and 7 are added:
"(6) the energy audit is not performed on existing buildings, whose specific
the consumption of heat during the heating conforms to the requirements laid down by
the implementing legislation, and for buildings with the internal
technological source of heat in the range specified by the implementing the legal
the code.
(7) If the obligation referred to in paragraph 3 shall fulfil the owner or the person who has
other exploitation right, has the obligation to provide the necessary assistance. "
Paragraphs 5 and 6 shall be renumbered as paragraphs 8 and 9.
28. In article 9 the following paragraphs 10 and 11 shall be added:
"(10) the energy audit can also make a person who is established in the
another Member State of the European Union, if the activity
the energy auditor on the territory of the Czech Republic, temporarily and occasionally,
If there is a
and) a national of a Member State of the European Union,
(b)) a holder of authorization to pursue the activity of energy auditor by
legislation of another Member State of the European Union.
(11) the audit of the person referred to in paragraph 10, the sponsor is required to
energy audit report Ministry. ".
29. section 10 including the footnotes no 6e and 7 reads:
"§ 10
An energy auditor
(1) an energy auditor is a natural person who is registered in the list of
energy auditors, held by the Ministry, and this way
enabling remote access.
(2) a prerequisite for entry into the list of energy Auditors is
and the composition of the technical tests)
(b) eligibility of legal capacity),
(c)) the integrity of the fact that the Tenderer has not been convicted for
an intentional criminal offence,
(d)), the required professional competence referred to in paragraph 5.
(3) the method of application for professional tests, its content and
progress (hereinafter referred to as "test procedure") lays down the detailed legal prescription.
A written request includes a
and evidence of professional competence), which include proof of education and
evidence of experience in the field; in the recognition of professional qualifications or other
the eligibility of nationals of the Member States of the European Union shall
under the special law ^ 6e)
(b) a copy of the message at least 2) on energy audits carried out in the
the last 2 years, to whose implementation the candidate participated, with the
confirmation of participation from the performing of the auditor.
(4) the exam is held before the examining Board, which appoints the
the Ministry. The candidate shall receive written notice of the date and venue
testing of at least 10 days before the advance together with the opinion submitted by the
energy audits. On the progress and result of the test, the test of the Commission
effecting the Protocol and on the basis of the document is issued by a test report.
(5) the competence to carry out energy audits is the one who
shows completed higher education master's or doctoral
the study programme of the technical direction and 3 years experience in the field or
completed secondary education or an education Bachelor's degree
the programme of the technical direction and 5 years of experience in the field.
(6) the Applicant shall submit a written request to the Ministry about the list
energy auditors, whose pattern provides detailed legal
prescription ^ 6 d).
(7) the request for entry on the list of energy Auditors referred to in paragraph
6 connects
and extract from) criminal record not older than 3 months,
(b) proof of the composition of the expert) exams.
(8) If the conditions are met for the entry on the list of energy
Auditors, the candidate will receive a certificate of professional competence in the energy
Auditor's report. Are not met the conditions for entry on the list of energy
Auditors, the candidate will receive a written decision on the refusal ministries
request.
(9) the Ministry shall not allow or does not enroll for the test to the list of
energy Auditors for 6 years from the submission of the request to participate, which in
the applications stated false information, in particular proving his professional
eligibility. In case of refusal has repeatedly permanent force.
(10) the energy audit for the contracting entity in accordance with section 9 (2). 3 (b). and) and
(b)) to perform an energy auditor, which
and) has a stake in the company or cooperative, which are
energy audit by the contracting authority,
(b)) is a member company or a member of the cooperative, which are
the contracting authority is a statutory body or a member of the statutory body
the contracting entity or is in the work, or a similar relationship to the contracting authority,
(c) the person is close) ^ 7) persons who have for natural persons or
legal persons, which are the energy audit by the contracting authority,
the position, which could affect the operation of the energy auditor.
(11) the energy auditor must be insured in case of liability for
the damage that could arise in connection with the performance of the activities of the
energy auditor, and so, to the extent of the indemnity has been
proportional to the potential damage that can be reasonably expected. Insurance
must take throughout the performance audit activities.
(12) an energy auditor is obliged to keep confidential all
facts relating to natural or legal persons, on which the
in the context of the implementation of the energy audit on its
energy economy and buildings. Facts obtained must not be used
to your benefit or for the benefit or detriment of third parties. Exempt
the energy auditor confidentiality can only natural or legal
the person on the energy economy and buildings was carried out
energy audit, or if another law.
(13) the energy auditor provides a report on the energy audit
the original signature, your name and the number under which it is registered in the
energy auditors list maintained by the Ministry. Registration number
the energy auditor the auditor shall not be used on other
documents than the energy audit, certificate, inspection of boilers,
air-conditioning equipment, handouts for competitions on these activities
and the evaluation of the effects of the performance of energy audits.
(14) an energy auditor shall keep a chronological list
energy audits and other activities bearing the number under which
It is registered in the list of Auditors kept by the Ministry of energy. This
list of energy audits and other activities for the past year is
obliged to submit every year, always on request or until 31 December 2006. March
the Ministry, even if energy audits or other activities
has not been done.
(15) the list of energy audits and other activities by
energy auditor referred to in paragraph 14, contains the name of the contracting entity, the name of the
its annual energy consumption GJ, proposed savings in GJ and
the date when the energy audit, license or inspection of boilers or
air-conditioning equipment ordered and prepared.
(16) the Documents referred to in paragraph 13 of the designated candidate for entry on the list
energy auditors or energy auditor, shall be presented in
the original or a notarized copy.
6E) Law No 18/2004 Coll., on the recognition of professional qualifications and other
eligibility of nationals of the Member States of the European Union and the
change some of the laws (law on the recognition of professional qualifications).
7) section 116 of the civil code. ".
30. In section 11 (1). 1 (a). (b)), after the words "energy", the words "and
energy performance of buildings ".
31. In section 11 (1). the letter f) and (g)):
"(f)) decides on the content focus tests of energy auditors, the persons
processing licences under section 6a of paragraph 1. 7 or carrying out inspections
under section 6 (1). 5 and 8, the form and term of their holding; issued by the trial
regulations for the examination of energy auditors
g) decides on the registration in the list of energy auditors and issues
certificate of professional competence in the energy auditor, on issues
certificate of professional competence of persons handling licences under section
6a paragraph. 7 or carrying out checks in accordance with § 6 (1). 5 and 8 ".
32. In section 11 (1). 1 (a). (h)), the words "§ 10 (1). 7 and 8 "shall be replaced by the words
"section 10 (1). 10 to 14 ", after the word" implementing "shall be inserted after the words" and
processing "and the word" provided "shall be replaced by the word" set ".
33. In section 11 (1). 1 at the end of the letter h) dot is replaced by a comma and
the following letter i) and j) are added:
"i) applies to the policy opinion of territorial development and territorial policies
the development,
(j) inform the European Commission) on the implementation of the obligations arising from directives
and decision of the European Parliament and of the Council. ".
34. In section 11 (1). 2 the words "specified" shall be deleted.
35. in section 11 is added to § 11a, which including the title:
"§ 11a
The procedure for cancellation of the registration in the list of energy auditors
(1) the Ministry shall cancel the registration of an energy auditor in the list of Auditors,
breach of the obligations set out in the auditor of § 9 of this Act (hereinafter referred to as
"wrongdoing"). About the cancellation of the registration in the list of energy auditors
the Ministry decides on proceedings that are initiated on the basis of the submission of the
delivered to the Ministry or at the initiative of the State energy
inspection or from the Office of the Ministry.
(2) the procedure for cancellation of the registration in the list of energy auditors may be
commenced within 6 months from the date when the Ministry learned about
wrongdoing, but no later than 3 years from the date when the offence occurred.
(3) the proceedings shall be in writing and shall be
in fact defined. The reasons given in the proposal on the initiation of the proceedings shall not be
After the initiation of the proceeding.
(4) an energy auditor, against which the proceedings are conducted has the right
comment on the proposal referred to in paragraph 3, for the reasons set out in the proposal, the
How to determine his guilt, to the results of checks on State
energy inspections; Furthermore, it has the right to propose evidence and their replenishment,
ask questions of the witnesses or experts in oral proceedings.
(5) the Ministry may decide without oral proceedings, if the
energy auditor agrees. It is considered that consent is granted also
then, if an auditor fails within 14 days from the receipt of the request
the Ministry of its disagreement with such a discussion; about must be
in the call instruction.
(6) the basis for the issuance of decisions are always scan results
made by the State Energy inspection; This check shall be carried out in
control or can be carried out even before the start of the proceedings, with respect to the management of
launched at the initiative of the State Energy inspection.
(7) the Ministry may, on a proposal from the State Energy inspection in the case of
less serious misconduct, decide on the examination of the energy
Auditor's report. If an auditor fails during the examination, the Ministry of
cancels the registration of the decision on the list of energy auditors.
(8) an energy auditor shall, within 14 days after the entry into force
the decision to cancel the registration on the list of energy auditors to return
the Ministry of the original certificate.
(9) the energy auditor, which was cancelled the list
energy auditors, may log on to the examination under section 10
This law as soon as possible after the expiry of one year from the entry into force
the decision to cancel the registration on the list of energy auditors. ".
36. Title V, including the footnotes no 7a and 7b is inserted:
"HEAD IN THE
ADMINISTRATIVE OFFENCES
§ 12
Misdemeanors
(1) a natural person has committed the offence by
and) as the owner or operator of the boiler to burn liquid, gas
or solid fuel of an effective rated output to 200 kW, unless
the operator referred to in section 6 (1). 6, will not ensure the regular monitoring of
its effectiveness under section 6 (1). 2,
(b)) as the owner or operator of a device used for heating
effective rated output of 20 kW and the older 15 years from the date of entry into
the operation will not provide a one-time inspection of boilers or internal
thermal power under section 6 (1). 3,
(c)) as the owner or operator of the boiler to burn liquid, gas
or solid fuel of an effective rated output of 200 kW does not ensure
regular monitoring of its effectiveness under section 6 (1). 4,
(d)) as the owner or operator of the air conditioning system with a nominal
cooling performance of more than 12 kW does not ensure regular control
under section 6 (1). 7,
(e)) as the owner or operator of the equipment on the distribution of thermal energy
or the owner of the internal heat or cold of the divorce will not provide
the effectiveness of the use of energy or equipment distribution or internal
heat or cold under section 6 (1). 9,
(f)) as the owner or operator of the equipment for the transmission of electricity, or
electricity in contravention of section 6 (1). evaluated the effectiveness of the use of the 9
electricity for all existing installations,
(g)) as a client or as the owner of the building does not comply with the requirements pursuant to §
6a paragraph. 1, unless the case under section 6a of paragraph 1. 8, or in contravention of section 6a
paragraph. 2 they can demonstrate compliance with the requirements pursuant to section 6a of paragraph card. 3,
4 and 5,
(h)) as the owner of the building in contravention of section 6a of paragraph 1. 9 units of measure exceeds the
indicators of heat consumption for heating or cooling, or for the preparation of
hot water,
even) as a client or as the owner of the building interior heat don't
the equipment of the building the unit of heat energy to the final delivery of the self-regulating
consumers under section 6a of paragraph 1. 10 in the period referred to in section 14, paragraph. 2,
(j)) as the ultimate consumer, in contravention of section 6a of paragraph 1. 10 does not allow
installation or maintenance and control of instruments regulating the supply of heat
energy to final consumers,
as the owner of the building to) does not follow the rules for heating or cooling
or hot water supply pursuant to section 6a of paragraph 1. 11,
l) as the owner of the energy economy or buildings that have been
compulsorily subjected to energy audit or for the processing of their audit
has been used state subsidies, does not provide on request a copy of the report on the
the energy audit under section 9 (2). 2,
m) as the person referred to in section 9 (2). 3 (b). and (c))) or fails to
energy economy or building to which the ownership or other
exploitation right, energy audit within the time limit under section 14(2). 3, or
n) as the person having the right to use other than the right of ownership to
energy farm or building does not conflict with section 9 (2).
7 the owner in carrying out the obligations under section 9 (2). 3 synergies.
(2) for the offence referred to in paragraph 1 (b). (f)), h), (j))) and n), you can save
a fine of up to CZK 50,000, for the offence referred to in paragraph 1 (b). (g)), i), l) and
m) fine to 100 000 CZK and the offence referred to in paragraph 1 (b). and (b)))
(c)), d) and (e)) fine to 200 USD.
§ 12a
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and) as the owner or operator of the boiler to burn liquid, gas
or solid fuel of an effective rated output to 200 kW, unless
the operator referred to in section 6 (1). 6, will not ensure the regular monitoring of
its effectiveness under section 6 (1). 2,
(b)) as the owner or operator of a device used for heating
effective rated output of 20 kW and the older 15 years from the date of entry into
the operation will not provide a one-time inspection of boilers or internal
thermal power under section 6 (1). 3,
(c)) as the owner or operator of the boiler to burn liquid, gas
or solid fuel of an effective rated output of 200 kW does not ensure
regular monitoring of its effectiveness under section 6 (1). 4,
(d)) as the owner or operator of the air conditioning system with a nominal
cooling performance of more than 12 kW does not ensure regular control
under section 6 (1). 7,
(e)) as the owner or operator of the equipment on the distribution of thermal energy
or the owner of the internal heat or cold of the divorce will not provide
the effectiveness of the use of energy or equipment distribution or internal
heat or cold under section 6 (1). 9,
(f)) as the owner or operator of the equipment for the transmission of electricity, or
electricity in contravention of section 6 (1). evaluated the effectiveness of the use of the 9
electricity for all existing installations,
(g)) as a client or as the owner of the building does not comply with the requirements pursuant to §
6a paragraph. 1, unless the case under section 6a of paragraph 1. 8, or in contravention of section 6a
paragraph. 2 they can demonstrate compliance with the requirements pursuant to section 6a of paragraph card. 3,
4 and 5,
(h)) as the owner of the building in contravention of section 6a of paragraph 1. 9 units of measure exceeds the
indicators of heat consumption for heating or cooling, or for the preparation of
hot water,
even) as a client or as the owner of the building interior heat don't
the equipment of the building the unit of heat energy to the final delivery of the self-regulating
consumers under section 6a of paragraph 1. 10 in the period referred to in section 14, paragraph. 2,
(j)) as the ultimate consumer, in contravention of section 6a of paragraph 1. 10 does not allow
installation or maintenance and control of instruments regulating the supply of heat
energy to final consumers,
as the owner of the building to) does not follow the rules for heating or cooling
or hot water supply pursuant to section 6a of paragraph 1. 11,
l) as the owner of the energy economy or buildings that have been
compulsorily subjected to energy audit or for the processing of their audit
has been used state subsidies, does not provide on request a copy of the report on the
the energy audit under section 9 (2). 2,
m) as the person referred to in section 9 (2). 3 (b). and (c))) or fails to
energy economy or building to which the ownership or other
exploitation right, energy audit within the time limit under section 14(2). 3, or
n) as the person having the right to use other than the right of ownership to
energy farm or building does not conflict with section 9 (2).
7 the owner in carrying out the obligations under section 9 (2). 3 synergies.
(2) a legal person or a natural person-entrepreneur commits an administrative
based on the fact that
and as the holder of the licence to) business in the energy sectors, or
supplier of solid and liquid fuels or municipal waste processor
his challenge to the customer does not provide the necessary documents and information referred to in section
4 (4). 6,
(b)), as a manufacturer of electricity or thermal energy will not provide for new
established by the facility for the production of electricity or thermal energy or
installations for the production of electricity or thermal energy, which is carried out
change the completed buildings, the minimum efficiency of use of energy under section 6
paragraph. 1,
(c)), as a manufacturer or importer or dealer on the market of the EUP
energy in contravention of section 6 (1). 10,
(d)) as the operator of buildings for the purposes referred to in section 6a of paragraph 1. 6 does not place
card on the publicly accessible place in the building for four years from the entry into
the effectiveness of this law,
(e)) as a manufacturer of heat is the source of the performance resources totaling more than 5
MWt contrary to section 7 (2). 1 for further documentation of the construction of the energy
audit in terms of the production of electricity,
(f)), as a manufacturer of electricity from thermal processes are the source of the revolution
power source greater than 10 MWe, contrary to section 7 (2). 2 shall
documentation of the building energy audit in terms of supply
heat,
(g)) as a domestic manufacturer or importer of a proprietary energy
appliances in contravention of section 8 (2). 1 don't these appliances labels
complying with the requirements under section 8 (2). 3, 6 or does not process the technical
the documentation referred to in § 8 paragraph. 7,
(h)) as a seller of energy appliances listed in the implementing
the legal regulation of the ^ 6 c) in violation of § 8 paragraph. 4 offer energy
the appliance without the label, or
I) as a domestic manufacturer, importer or distributor of proprietary
energy appliances used in contravention of section 8 (2). 5 marks,
symbols or descriptions that could include the customer in error, or
j) contrary to § 8 paragraph. 8 as a seller of energy appliances
offering these appliances within the mail order catalogues
or in a different way, does not ensure that the lead could get acquainted with the technical
documentation before the conclusion of the purchase contract.
(3) the community owners have committed misconduct by
that
fails to meet the requirements of and), pursuant to section 6a of paragraph 1. 1, unless the case under § 6a
paragraph. 8, or in contravention of section 6a of paragraph 1. 2 meet these requirements
submits the certificate pursuant to section 6a of paragraph 1. 3, 4 and 5,
(b)) in contravention of section 6a of paragraph 1. 9 heat consumption exceeds the metrics for the
heating or cooling or for the preparation of hot water,
(c) the internal thermal device) equips itself with building equipment self-regulating
the supply of heat energy to final customers, pursuant to section 6a of paragraph 1. 10 in the
the time limit under section 14(2). 2, or
(d)) does not follow the rules for heating or cooling, or the supply of warm
water under section 6a of paragraph 1. 11.
(4) the energy auditor has committed misconduct by
and) contrary to section 9 (2). 1 report on the energy processes the biased
the audit,
(b) does not provide a copy on request) reports on the energy audit in accordance with § 9
paragraph. 2,
(c)) shall carry out energy audits in cases referred to in section 10, paragraph 1. 10,
(d)) performs energy audits without insurance under section 10, paragraph 1. 11,
(e) breach of the obligation to maintain secrecy) in accordance with section 10, paragraph 1. 12,
(f) the registration number of the energy) uses the Auditor in breach of section 10
paragraph. 13, or
(g)) does not a chronological list of energy audits and other
activities or does not submit it upon request under section 10, paragraph 1. 14.
(5) the Entrepreneurial natural person has committed misconduct by
and the person performing the inspection) as referred to in section boilers 6. 2 to 4
does not meet the requirements specified in § 6 (1). 5,
(b)) as the person inspecting air conditioning systems referred to in section
6 (1). 7 does not satisfy the requirements referred to in section 6 (1). 8, or
(c)) as processor card does not meet the requirements provided for in § 6a of paragraph 1. 7.
(6) for the administrative offence is imposed
and) to 50 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (f)), (h)),
(j))) and (n)) and paragraph 3 (b). (b)), and (d)),
(b)) to 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (g)),
I), l) and (m)), paragraph 3 (b). and (c))), paragraph 4 (a). b), c), (d)), (e)),
(f)), and (g)) and paragraph 5 (b). and (b))) and (c)),
(c)) to 200 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
b), c), (d)), and (e)),
(d)) to 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2 (a). and)
d), (e)), f), (h)), i) and (j)) and paragraph 4 (b). and)
e) to 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2 (a). (b)),
(c)), and (g)).
section 12b
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings to 1 year from the date on which it
learned, but not later than 2 years from the day when it was committed.
(4) administrative offences under this Act shall discuss the State energy
inspection ^ 7a). In the first instance the territorial Inspectorate in whose territorial
the scope of the place of committing misconduct. On the appeal
shall be decided by the Central Inspectorate.
(5) The liability for the acts, which took place in the business of physical
person ^ 7b) or in direct connection with the applicable provisions of the Act
on the liability of legal persons and sanctions.
(6) the Fines collected and enforced by the State Energy inspection.
(7) income from fines is the income of the State budget.
7A) of section, paragraph 92. 1 and section 93, paragraph. 2 of Act No. 458/2000 Coll., on conditions for
business and government performance reports in the energy sectors and amending
Some laws (Energy Act), as amended.
7B) § 2 (2). 2 of the commercial code. ".
37. In section 13 (3). 2, the following sentence "in these proceedings issued binding
opinion, the scope laid down detailed legislation. ".
38. In article 13, the following paragraphs 3 and 4 are added:
"(3) the State Energy inspection is concerned the State administration body in the
the acquisition policy of territorial development and territorial planning documentation,
If the place or changing sources of power, intended for distribution system
the distribution of electric power and gas, or the distribution of thermal equipment.
In these cases, the opinion to the extent provided for by the implementing
legal regulation.
(4) Implementing legislation shall specify the conditions for determining the energy
the equipment, which shall be issued by the Ministry or public opinion on energy
inspection. ".
39. under section 13 shall be added to § 13a is inserted:
"§ 13a
Check
Control of compliance with the provisions of this law regulates the Special
the law ^ 2). ".
40. In section 14, paragraph. 2 the words "§ 6 (1). 7 ' shall be replaced by the words "§ 6a of paragraph 1.
10. "
41. In article 14, paragraph 5 is added:
"(5) the Ministry shall issue a decree for the implementation of articles 6 to 10 and section 13.".
42. In article 14, paragraph. 7 (b). and), the words "the Czech Energy Agency"
replaced by the words "Ministry".
Article II
For the publication of the full text of the Act
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Act No. 406/2000 Coll., on the management of energy, as derived from the laws of
It is changing.
Article. (III)
The effectiveness of the
This law shall enter into force on 1 January 2005. in July 2006, with the exception of the
the provisions of paragraph 17 of section 6 (1). 2, 3 and 4, which shall take effect on 1 January 2005.
in January 2007, and point 17 of section 6 (1). 7 and 19 of section 6a of paragraph 1. 2, which
shall take effect on 1 January 2005. January 1, 2009.
Zaorálek in r.
Klaus r.
Paroubek in r.
