670/2004.


LAW
Dated 14 December 2004

Amending Act no. 458/2000 Coll., On business conditions and
state administration in the energy sectors and amending certain laws
(Energy Act), as amended

Change: 158/2009 Coll.

Parliament has passed this Act of the Czech Republic:
Article I


Act no. 458/2000 Coll., On business conditions and public administration
in the energy sectors and amending certain acts (the Energy
Act), as amended by Act no. 151/2002 Coll., Act No. . 262/2002 Coll., Act No.
. 309/2002 Coll., Act no. 278/2003 Coll. and Act no. 356/2003 Coll., is amended as follows
:

First In § 1, after the word "modifies" the words "in accordance with the law of the European Communities
^ 1)" and the words "government and" is inserted
word "non-discriminatory".

Footnote. 1) reads:

"1) Directive of the European Parliament and Council Directive 2003/54 / EC concerning common
rules for the internal market in electricity and repealing
Directive 96/92 / EC. Directive of the European

Parliament and Council Directive 2003/55 / ​​EC concerning common
rules for the internal market in natural gas and repealing
Directive 98/30 / EC.

Regulation (EC) no. 1228/2003 of the European Parliament and of the Council of 26
June 2003 on conditions for access to the network for cross-border exchange of electricity
.

Directive of the European Parliament and Council Directive 2004/8 / EC on the promotion of combined production
electricity and heat based on a useful demand
heat in the internal energy market. ".

Second In § 2 para. 1 letter a) reads:

"A) non-regulating organization
business in the energy sector, while maintaining the function of competition
meeting the needs of consumers and the interests of licensees and ensure reliable,
safe and stable supply of electricity, gas and thermal energy
affordable prices ".

Third In § 2 para. 2 point. a) point 2 after "22 kV" word "and"
replaced by the word "or".

Fourth In § 2 para. 2 point. a) Section 7 reads:

"7th cogeneration of electricity and heat conversion of primary energy into electrical energy
and useful heat in a joint simultaneous
process in a single production facility".

Fifth In § 2 para. 2 point. a) Section 8 reads:

'Eighth final customer natural or legal person who consumed only consumes electricity
".

6th In § 2 para. 2 point. a) Section 12 reads:

"12th balancing market with regulating energy market regulation energy
settlement and organized electricity market operator in collaboration with
transmission system operator."

7th In § 2 para. 2 point. a) Sections 14 and 15 are added:

"14th delivery point sampling electrical equipment one customer
including measuring transformers, whose consumption is measured by a single measuring device
or otherwise under agreement

15th error of the sum of the difference between the actual and agreed
supply or consumption of electricity in a given period of time. "

8th In § 2 para. 2 point. a) at the end of the text of point 17, the words "and
after the activation usually occurs electricity supply".

9th In § 2 para. 2 point. a) paragraph 24 reads:

'24th direct leadership power lines connecting the electricity generating plant that
not connected to the transmission system or the distribution system, and
supply point, which is not electrically connected to the transmission system
or distribution system or power line providing direct
supply their own establishments company, its controlled companies or
eligible customers and is owned operator
transmission system or distribution system operator ".

10th In § 2 para. 2 point. a) Section 27, the words "
obligation to supply electricity to protected customers and" are deleted.

11th In § 2 para. 2 point. a) The following points 30 to 39, which including
footnote. 1a) added:

'30th domestic final customer who does not buy electricity for other purposes than
for their own household consumption,

31st vertically integrated entrepreneur entrepreneur or group of entrepreneurs
if their interrelationships
correspond directly binding European Communities ^ 1) and hold
least one of the licenses for electricity transmission or distribution of electricity and
least one of the licenses for the production of electricity or electricity trade,


32nd secondary energy source of usable energy source whose
energy potential is generated as a byproduct of the conversion and
final energy consumption, the release from bituminous rocks or
when energy recovery or disposal and replacement fuels produced on
based waste or other economic activity

33rd small customer final customer that employs labor
ratio of less than 50 employees, whose net turnover for the last financial
period does not exceed 250 mil. CZK and the supply point is connected to the low voltage network
,

34th body imbalance settlement (the "settlement entity")
electricity market participant for whom the electricity market operator
on the basis of a settlement performs the evaluation and settlement of
deviations

35th regulating energy provided electricity activating support services
or the balancing market with regulating energy

36th electricity from combined heat and power generation
electricity produced in a joint process linked to production of useful heat

37th the overall efficiency of the total annual volume of electricity produced in the process
combined heat and power production and useful heat output divided by the energy input
fuel used to produce useful heat
for the production of electricity and mechanical energy,

38th efficiency reference value for separate production of electricity and heat
(hereinafter the "reference value") overall effectiveness in alternative
separate production of heat and electricity, which can be combined
heat and power generation to replace

39th the ratio of electric and thermal energy numerical value expressing
share of electricity production to produce useful heat at
combined heat and power production for a given period.

1a) Article. 3. 2 and 3 of Regulation (EC) No 139/2004 of 20 January 2004
Merger. ".

12th in § 2 para. 2 point. B) Section 2 after the word "pipeline"
inserted the words "and related technological objects" and part of the sentence for
semicolon after the word "is" the words "and the establishment."

13th in § 2 Sec. 2 point. b) paragraph 4 after the word "consumption," added
terms "that part of its purchased gas
provides another natural or legal person and not a business under the Commercial Code
, . "

14th in § 2 para. 2 point. b) section 5, the words" except protected
customers "are deleted.

15th in § 2 para. 2 point. b) section 6 reads:

"6. offtake point where it is installed gas supply equipment
for one final customer, which takes place in the gas supply
measured by a measuring device. "

16th in § 2 para. 2 point. b ) section 8 reads:

"8. eligible customer natural or legal person who has the right to choose
gas supplier has a right of access to the transmission system,
distribution systems, underground gas storage facilities, gas pipelines
mining and loose accumulation. "
| || 17th in § 2 para. 2 point. b) section 13 reads:

"13. gas connection devices start branching out
distribution system and completed before the main gas seal, for whom he continues
gas supply equipment customer. "

18th in § 2 para. 2 point. b) at the end of point 14, the words
"gas connections and gas extraction".

19th in § 2 para. 2 point. b) paragraph 15 after the word "including" the words
" related technological objects "and the word" is "is inserted
word" established a ".

20th in § 2 para. 2 point. b) section 22 reads:

. "22 transmission system interconnected set of very high
and high pressure gas pipelines and compressor stations and related
technological objects, including systems management and security technology
and equipment to transmit information to Business
computing and information systems, interconnected with gas systems abroad
which provides gas transportation licensee to transport gas;
Transmission system is established and operated in the public interest '.

21st in § 2 para. 2 point. B) Section 24, the word "customer" comma
deleted and the words " and solely for their own use
eligible customer. "

22nd in § 2 para. 2 point. b) the following points 28 to 43 are added:

" 28 . pipeline facilities to transport gas pipeline transmission or

Distribution system and direct pipelines and mining,

29th common offtake gas equipment gas supply equipment in
property owner, through which gas is supplied to final customers
this property

30th technical rule rule expressing the state
technical knowledge and technology in the gas industry,

31st Household final customer who does not buy gas for purposes other than
for their own household consumption,

32nd vertically integrated natural gas business entrepreneur or group of entrepreneurs
whose mutual relationships respond immediately
binding European Communities ^ 1) and who have
least one of the activities of gas transmission, gas distribution or gas storage
least one of the activities of gas production or trade
gas

33rd free capacity difference between the actual capacity of the transmission system
or distribution system or underground gas storage or gas and mining
sum of contracted capacities
organized for individual customers in a given period of time, subject to contractual
pressures, then the sum of all capacities
organized to fulfill statutory obligations to ensure the capacity of the respective license holder and
sum of the capacity necessary for the relevant license holders to ensure
safety and reliability of the relevant gas equipment

34th extractive gas pipeline connecting gas production
to the transmission system or distribution system

35th Pressure levels of maximum operating pressure for the gas, Gas and
gas consumption device, referred to in technical standards or
technical rules

36th cap main gas shut-off valve gas consuming devices
that separates the gas supply equipment from gas
connections

37th accumulation of free storage of gas by compression in the transmission or distribution system
,

38th small customer final customer that employs labor
ratio of less than 50 employees and whose net turnover for the last financial
period does not exceed 250 mil. CZK

39th planning, production planning, gas, gas supply, transmission, distribution and storage
capacity of the system or underground gas storage
on a long term basis in order to meet the demand for
gas and ensure its continuous supply to final customers

40th third party access right to the gas market participant to
contract with the operator of the transmission system operator
distribution system or underground gas storage operator
or manufacturer to ensure appropriate licensed activity under this Act
; the right of access to free accumulation can only be used simultaneously with
right of access to the transmission system or distribution systems,

41st gas source State on whose territory the gas is mined,

42nd a vital source of gas State on whose territory
benefited more than 50% of the total annual gas consumption in the Czech Republic

43rd Unlike deviation of actual and contracted supply and consumption of gas in
a given trading day. "

23rd in § 2 para. 2 point. c) at the end of the text of point 5 replaces the comma and semicolon
the words "customer may also be
final consumer; supply of heat energy directly to the final consumer is conditional
direct procurement for all end consumers in a centrally heated building
".

24th in § 2 para. 2 point. c) paragraph 10 after the word "established"
inserted the words "and operated" and at the end of the text paragraph 10, the comma is replaced
semicolon and the word "sample thermal equipment is not included
heat distribution facilities."

25. In § 2 para. 2 point. c) at the end of point 14 is replaced by a comma and
following points 15, 16 and 17 are added:

"15. comprehensive facility construction work technically linked by one common sampling
thermal equipment,

16th useful heat produced, used to the system
centralized heat supply or for direct supply natural or legal persons
for further use and for technological purposes with the exception
subscribe for its own consumption resources

17th a system of centralized heat supply system consisting
sources of heat and heat distribution facilities and offtake

Heating devices. ".

26th in § 3 para. 1, after the word" electricity, "the words" Business
electricity market operator ".

27 . In § 3 para. 3, after the word "trade", the word "production" and
word "consumers" word "one" and the last sentence reads: "Further
license under this Act confers on activity when the buyer provides
consumed electricity, gas or heat energy
another natural person or legal entity through its own or it operates
sampling device, the cost of buying electricity, gas or heat
to such persons only rozúčtuje agreed or designated
way and not a business. ".

28th in § 4 para. 1 the words" for a fixed term, at least, "
replaced with the word" maximum ". | ||
29th, § 4 paragraphs 2 and 3 added:

"(2) a license to trade electricity and gas trading
shall be granted for a period of 5 years. Licence for activities electricity market operator is given
period of 25 years.

(3) For the entire Czech Republic they are published as exclusive

A) electricity transmission license,

B) gas transmission license and

C) license for the activities of the electricity market operator. ".

30th, § 4, the following paragraph 4 is added:

" (4) In the event that an applicant the license referred to in paragraph 1 demonstrates
property or other right to use energy device that has
serve for the licensed business for a period shorter than 25 years,
license is granted for more than this time. ". || |
31st in § 5 para. 3, the words "ownership or tenancy"
replace the words "ownership or usufruct" and the words "In the case of rental
respect to the power equipment is required" is replaced "Unless
applicant for the license owner of the power equipment is required."

32nd in § 5, paragraph 4 reads:

"(4) a person with integrity for the purposes of this Act does not he who was finally convicted


A) deliberate offense to an unconditional custodial
liberty of at least one year,

B) to deliberate offense whose merits are connected with
business and which are not covered by subparagraph a) or

C) the offense is committed through negligence, the merits of which
related to business if the he is not regarded as not having been convicted
.. "

33rd in § 5 . 5 at the end of the second sentence the full stop shall be deleted and the
words "or equivalent certificate issued in another state." and the second sentence
following sentence is added: "for the production of electricity from renewable
resources to the installed capacity of 20 kWe not obliged to prove
competence. ".

34th in § 5, at the end of paragraph 6 supplement the phrases" Financial assumptions
applicant has not met over the past 3 years
court annulled the bankruptcy led to the applicant's assets because it fulfilled a distribution schedule, or
bankruptcy court annulled because the insolvent's assets are insufficient to cover the costs
bankruptcy or court has rejected a proposal for declaration of bankruptcy || | insufficient assets. The license applicant is not financially fit if
has recorded outstanding taxes, duties and fees on insurance
social security contributions to the state employment policy or
premiums for general health insurance and fines. ". | ||
35th in § 5 of the introductory part of paragraph 7, the word "documented"
replaced by "proof".

36th in § 5 para. 7 letter d) reads: || |
"d) the last audited financial statements in the event that they have an obligation
audit process, including its complete annex in
if the applicant in the previous reporting period performed
business" .

37th § 6 para. 6 of the word "registered" replaced by the word "approve".

38th § 6 para. 7, after the word "exercise" the words "or
longer fulfills the conditions for exercising the office of deputy, "
word" appoint "be replaced by" style "and the word" provisions "
is replaced by the word" approval ".

39. In § 7 para. 2 point. b) the word "enterprise," the words
"of establishments".

40th In § 7 para. 2 point. c) after the word "company" the words "if
applicant is registered in the commercial register".

41st In § 7 para. 2 letters d) and e) are added:

"D) the required period for which the license is to be granted and
proposed date of commencement of licensed activities,

e) for foreign individuals residing outside the Czech Republic,

Residence in the Czech Republic, if permitted, location
organizational unit in the Czech Republic and the data listed under a) regarding
branch manager; if the authorized representative or manager
organizational units persons residing outside the territory of the Czech Republic, place
her stay in the Czech Republic, if the Czech Republic
resides. ".

42nd In § 7 para. 3 letter a) reads:

"a) business name or name and registered office of legal persons
name and surname, identity number and identification number, if assigned, and
residence of the person or persons performing the function of a statutory
or its members, and how they act on behalf of the legal person. "

43rd in § 7 para. 3 point. b) the words "business," the words
'list of establishments ".

44th in § 7 para. 3 letter e) and f) are added:

" e) the desired duration for which to be licensed, and the proposed
date of commencement of licensed activities,

F) for a foreign entity organizational unit in the Czech Republic and
data referred to in subparagraph a) concerning the head
branch; if the authorized representative or manager
organizational units persons residing outside the territory of the Czech Republic, also
place of residence in the Czech Republic, if the Czech Republic
resides. ".

45 . In § 7 paragraphs 4-6 added:

"(4) the application referred to in paragraphs 2 and 3 will join

A) original or certified copy of the contract or deed of establishment or
establishment of a legal entity, for persons registered in the commercial register or similar
sufficient extract from the register; foreign legal entity
attached extract from the commercial or similar register kept in the state
residence and proof that its branch in the Czech Republic
is registered in the commercial register if he was already writing her
conducted, and evidence of the operation of a business abroad

B) in the case of a natural person, the person who is the statutory body or its member
and responsible representative, original or certified copy
extract from the Criminal Records or a similar register kept in the state, where
the last person resided for at least six months, and not
older than 6 months

C) documents proving the professional competence of individuals and responsible
representative

D) documents indicating the financial and technical assumptions

E) documents proving ownership or usufruct of energy
device

F) a statement of the responsible representative that he agrees with his appointment
and that is not appointed legal representative for a licensed
work with other licensees,

G) for foreign individuals with evidence of permanent residence, if not a
natural person who is a national of a Member State of the European Union;
Foreign natural person who is established in the Czech Republic
organizational unit, a document certifying that the company has
outside the territory of the Czech Republic, and documents concerning its operation,

H) documents on the location of the facility or the assigned area.

(5) The method of determining the defined territory and premises, proof of ownership or usufruct
to use power equipment, essentials
responsible representative statement, and examples of applications for the granting, amendment and cancellation of licenses
and breakdown licenses for regulatory purposes, provides
implementing legislation.

(6) An applicant for a license shall immediately report to the Energy Regulatory Office
changes to the information in the license application and the
documents attached to the license application, which occurred after the submission of the license application
. " .

46th in § 8, at the end of the Subsection 1, the sentence "showed where the applicant
fulfillment of conditions pursuant to § 5 ERO shall reject the application.
ERO also reject the application if the applicant within the prescribed period
not remove the deficiencies in the application or request failed to complete the required
way. ".

47th in § 8, par. 2 letter a) reads :

") the business name of a natural or legal person to whom the license is granted
if it is registered in the commercial register; otherwise name,
case of a natural person, or name, if it is a legal person
identification number, if assigned, residence or domicile, birth
number and identification number, if assigned, or date of birth
".

48th in § 8, par. 2 letter e) reads:


"E) the period for which the license is granted and the date of authorization
licensed activities."

49th In § 8 par. 2 point. f) the word "registration" is replaced by
"approval".

50th In § 8, at the end of paragraph 2 is replaced by a comma and
letter h), which reads:

"H) for foreign natural persons name and surname, identity number and
identification number, if allocated, otherwise date of birth, place of residence
outside the territory of the Czech Republic, place of residence in the Czech Republic, if it was
enabled organizational unit in the Czech Republic, if it was
established, and data regarding the authorized representative, if appointed; u
foreign legal entity, the name, address, identification number, if | || assigned an organizational unit in the Czech Republic and
data regarding the authorized representative. ".

51st In § 9. 1, the word "approval" are replaced by "change
licensing decisions."

52nd In § 9, paragraph 4 reads:

"(4) The decision to change the decision to grant a license applies
provisions of § 8. In case the decision to change the decision on granting a license
activities listed in § 3 para. 2, resulting in the reduction
defined territory, narrowing the list of establishments for which the license was granted
, or restrict the scope of business, shall apply mutatis mutandis
§ 10 paragraph. 4 to 9 ".

53rd In § 10 paragraph. 3 at the end of the text of letter a) the words "or
carries licensed business for a period longer than 24 months."

54th In § 10 paragraph. 3 point. b) at the end of the text of letter b) the words
"or licensee has entered into liquidation."

55th In § 10 paragraph. 4, the words "energy supply" are replaced by "
of licensed activities."

56th In § 10 paragraph. 6, the words "their customers" are replaced by "concerned
market participants with which it has concluded contracts under this Act".

57th In § 10 paragraph 7 reads:

"(7) Any natural or legal person or its legal successor,
which was canceled license to the activities referred to in § 3 para. 2 or
such proceedings to cancel the license commenced, is required in case of urgent need
ensure these activities and in the public interest to provide for their reimbursement,
in the decision of the energy regulatory Office said, energy
equipment for assuming responsibilities beyond the license to another license holder
based on the decision of the energy regulatory Office, and
it for a fixed period, but no longer than 12 months. If the licensee is
owner of power equipment, this obligation applies to
owner of power equipment, and for a term not exceeding 12 per
months. At the same time must allow the designated license holder
access to this equipment so that they could exploit to the full extent.
appeal against the decision of the Energy regulatory Office has
suspensive effect. ".

'58. In § 11 para. 1 point. a) the words "deliver reliably and consistently
energy" is replaced by "carry on the licensed activities so as to ensure
continually safe and reliable supply of energy."

59th In § 11 para. 1 point. e) after the word "inspection"
words "accurate and complete" and the word "information" the words "and
background".

60th In § 11 para. 1 letter f) reads:

"F) be an entity under special legislation and
compile and submit to ERO regulatory
statements under this Act".

61st In § 11 paragraph 2 reads:

"(2) The Licensee shall submit to the decision of the Energy Regulatory Office
dispute relating to the supply of energy, providing
support services, refusal to connect to the network, denial of transfer
electricity, gas transmission or distribution of electricity or
gas or gas storage capacity allocation rejection of international
interconnectors transmission or distribution system,
refusal to allocate capacity gas pipeline connecting the gas system to foreign
gas systems, the rejection of a contract for the sale of energy or
unjust interruption of its supplies. ".

62nd § 12 reads:

"§ 12

The same obligation

(1) thermal energy supply obligations and responsibilities
distribution of electricity and gas distribution licenses beyond the means acceptance of the obligations of the
licensee who has ceased to exercise the licensed activity
, another licensee.


(2) In case of urgent need and in the public interest arises
holder of a license for production or distribution of thermal energy to provide
deliveries beyond the license based on the decision of the Energy Regulatory Office
.

(3) In case of urgent need and in the public interest arises
hold a license to distribute electricity or gas distribution
obligation to ensure the distribution of electricity or gas distribution license beyond
based on the decision of the Energy Regulatory Office.

(4) The decision of the Energy Regulatory Office in accordance with paragraphs 2 and 3
issued for a term not exceeding 12 months.
Appealed against that decision has no suspensive effect.

(5) Conclusive loss suffered by the holder of a license for production or distribution of thermal energy
takeover supply obligations beyond the scope of the license is paid
by the Energy Regulatory Fund (the "Fund") pursuant to §
14th Conclusive loss suffered by licensees to distribute
electricity or gas distribution or supplier of last resort
reason for the adjustment of regulated prices.

(6) If the licensee outside the fulfillment of obligations beyond
license yet another activity is obliged to keep separate accounts related to performance
obligation beyond its license.

(7) The obligation to provide, in case of urgent need and in the public interest
energy facilities to ensure duties beyond
license shall also apply to natural or legal person who does not hold
license, which ceased or imminent threat to cease
engaging in activities that are conducted electricity, gas or heat
. § 10 paragraph. 7 and 8 shall apply mutatis mutandis. ".

63rd after § 12 the following § 12a is inserted:

" § 12a
Supplier of last resort


(1) The supplier of last resort is obliged to supply electricity or gas
at prices determined by the Energy Regulatory Office to households and small
customers who request it. Supplier of last resort
not obliged to maintain the supply of electricity or gas at finding
illegal consumption.

(2) The supplier of last resort, the licensee is trading
electricity or gas trading, which the selection decisions
Energy Regulatory Office.

(3) Pending the decision of the Energy Regulatory Office on the selection
supplier of last resort

A) a supplier of last resort within the delineated territory holder
electricity distribution license, whose equipment is connected to the transmission system
businessman who is or has been part of the same
vertically integrated undertaking where the supply point
instead of the end customer

B) the supplier of last resort within the delineated territory holder
gas distribution license, whose equipment is connected to the transmission system
businessman who is or has been part of the same vertically integrated gas undertaking
where the
supply point of the affected final customer.

(4) The criteria for selecting suppliers of last resort and the decision on the selection
supplier of last resort for the territory
Announces Energy Regulatory Authority in the Energy Regulatory Bulletin.
Decision on the selection of a supplier of last resort delivers ERO
selected suppliers and other bidders.

(5) The criteria for selecting suppliers of last resort
set by the Energy Regulatory Office shall include requirements for financial and professional
the candidates.

(6) The supplier of last resort is also obliged to supply electricity
other eligible customers who have exercised the right to choose a supplier
but whose electricity supplier cease during the performance of the licensed activity
authorization or possibility to supply electricity | || eligible customers and those customers do not have the date
or termination vendor to ensure the supply
another way. In this case, the supplier of last resort shall supply electricity
those eligible customers at prices set by the Energy Regulatory Office
maximum period of three months from the date when this
suppliers operator of the electricity market in accordance with the rules || | organizing electricity market (hereafter "electricity market rules")
not allow participation in it organized electricity markets. this

The supplier of last resort shall immediately notify the eligible customers concerned
.. "

64th in § 14 para. 1, after the word" license "the words" under § 13 "|| | the word "delivery" with the words "heat" and at the end
paragraph 1 sentence "Revenue account forms of payment
compulsory subject, interest and penalties.".

65th V § 14 para. 2, 'c) through f) "are deleted, the word" filling "is
replaced by" filling "and the word" supply "the words
" thermal energy ".
| || 66th in § 14 paragraph 3 and 4, including footnote no. 1b) added:

"(3) the obligation for the holder of the contributions to the fund arises
amount does not exceed the amount of contributions account at the end of the billing period above
50 million CZK. The contributions shall be assessed and prescribes selects enforced,
accountancy and control posts, including the settlement of overpayments and underpayments
carried out by the Energy Regulatory Office; In doing so under a special legal regulation
. ^ 1b) Settling overpayments and underpayments, including
additionally allotted contribution does not affect the already established above
contributions from license holders. Contributions to the fund shall be charged for the accounting period
fund in which the fund balance will fall by at least 5 million CZK.
Overpayments in the amount of CZK 100 Energy Regulatory Office does not return.

(4) The procedure for determining the amount of the contribution of individual license holders
is determined by multiplying their share of the total annual volume of sales achieved
they operate licensed activities in the past calendar year and
amount resulting from paragraph 3 for that year.
Exempt from the obligation to pay the contribution are those licensees whose amount
posts below 100 CZK. The total amount which thereby reducing the total amount of sales
announced licensees, to be allocated to holders
licenses to which the exemption does not apply, and this proportion will increase in assessed contribution
who are required to contribute to the fund .

1b) Part Six of Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.. "

67th In § 14, after paragraph 4 the following paragraph 5, added:

"(5) According to the results of the assessment procedure set by the Energy regulatory Office
amount of the contribution for individual licensees and inform
respective license holder. Licensees are required
contribution to the Fund for payment no later than 31 October of the calendar year.
Where the Energy Regulatory Authority, after assessing the contribution that such
specified contribution is lower than the statutory requirement, additionally
contribution levied equal to the difference between the contribution originally levied a contribution
newly set. Additionally assessed contribution is payable within
30 days of receipt of payment. ".

Former paragraphs 5 to 11 shall be renumbered 6 to 12

68th in § 14 . 6 and 8, after the word "supply" the words "
thermal energy."

69th in § 14 para. 12, the word "amount" is replaced by "procedure for determining the amount
" .

70th In § 16 at the end of the text of letter c) is replaced by a comma and
subparagraphs d) to g), added:

"d) inform the European Commission Communities (hereinafter "Commission") on

First measures taken to fulfill the supply of last resort protection
customers and environmental

Second summary report on the monitoring of electricity balances and the balance of the gas
processed every two years, not later than 31 July

Third the protective measures adopted in the event of a sudden crisis on the market
energy in case of threat to the safety of persons and equipment and endangering the integrity
energy systems; also inform all Member States of the European Union
,

Fourth imports of electricity in terms of physical flows, which
occurred during the previous three months from third countries, once every 3 months
,

Fifth the reasons for the rejection of applications for state authorization,

6th the state of the electricity and gas

7th the facts relating to the combined production of electricity and heat

8th Annual statistics on the performance of the combined production plus used
fuels and primary energy savings achieved by applying
combined production; are obliged to electricity market participants,
Electricity Market Operator and the Energy Regulatory Office
provide the Ministry with the necessary information


E) provide, if necessary, to tender for new production capacity
; details of the implementing legislation,

F) has the right to security of supply reasons instruct to be given priority
connection of electricity and gas, which is used by home
primary energy fuel sources, to an extent not exceeding in any calendar year
15% of total primary energy necessary to manufacture
electricity and gas production,

G) decide on restrictions on imports of electricity in accordance with § 44 or gas imports
according to § 75. "

71st in § 17 para. 3, after the words" promote competition "inserted || | word "support the use of renewable energy sources" and end with
sentence "ERO exercises the powers
regulatory authority pursuant to Regulation ^ 2) on conditions for access to the network for cross-border exchanges in electricity
(hereinafter "Regulation"). ".

Footnote. 2a) as follows:

" 2a) of Regulation EC / 1228/2003 of the European Parliament and of the Council of 26 June 2003
on conditions for access to the network for cross-border exchange of electricity
.. "

72nd in § 17 para. 3, after the words" promoting competition "
inserted after the word" promoting the use of renewable and secondary sources of energy. "

73rd In § 17 at the end of paragraph 6 is replaced by a comma and
letters f) and g), added:

'f) vendor selection last resort

G) the temporary suspension of the obligation to allow third party access by
§ 61a. ".

74th in § 17 paragraph 7 and 8 added:

" (7) The Energy Regulatory Office stipulates the

A) desired quality of supplies and services related to regulated activities
electricity and gas, including compensations for
non-compliance, deadlines for claiming compensation and the procedures for reporting of compliance
supply and service quality ,

B) the method of selecting the license holder to perform duties beyond
license

C) the method of regulation in the energy sectors and procedures for price regulation
under a special legal regulation, 4)

D) conditions for the connection of power plants, distribution systems and supply points
final customers to the electricity grid
method of calculating the proportion of costs associated with connecting and securing
required input and calculation of damages in case of unauthorized | || electricity consumption,

E) of the Electricity Market Rules, pricing policies Operator,
electricity market and the rules for gas market organization (hereinafter
"Gas Market Rules")

F) the method of calculating demonstrable loss in performance of duties beyond
licenses and documents that must be provable loss calculations
documented and defined,

G) rules for establishing the financial contribution of licensees to
Fund and the rules for drawing funds from the Fund

H) conditions for supply of electricity and gas for end customers
conditions for the supply of electricity and gas supplier of last resort,

I) details demonstrating financial and technical prerequisites for
different kinds of licenses for regulated activities and details
demonstrating proficiency

J) the method of determining the defined area and the location of the plant, demonstrating
ownership or the right to use power equipment,
essentials responsible representative statement, examples of applications for the grant,
change and cancellation of licenses and licensing division regulatory purposes

K) rules of creation, allocation and use of typical gas supply
electricity and gas

L) conditions for the connection of the gas distribution system
underground gas storage facilities and offtake points of final customers to the gas
system, the method for calculating the proportion of costs associated with the connection and the
providing the required supplies and the method of calculating the compensation
damage in unauthorized gas consumption.

(8) The Energy Regulatory Office further

A) adjudicates disputes, failure to reach agreement on a contract between
individual licensees, and between licensees and their customers
, or failure to reach agreement on the essential aspects
contract case a change to the contract

B) decide disputes when there is no agreement on access to the transmission
system or distribution system, transmission system
underground gas storage facilities, free accumulation and withdrawal pipelines or agreement

On the allocation of cross-border capacity for electricity transmission,

C) requires disclosure of the information it intended licensees if
concern regulated activities are not subject to trade secret
or not classified information

D) exercises control of observance of obligations by license holders
special Act 4), and to this end instructs its employees to
permission to enter the building pertaining to the performance of licensed
activities

E) approve the rules for operating the transmission system and rules
operation of the electricity distribution system, business conditions
Electricity Market Operator, Order of the transmission
system and distribution system operator in the gas

F) gives incentives to control fulfillment of the obligations arising from the decision
according to § 17 para. 6 and incentives to control pursuant to § 93 paragraph
. 1 point. a) c) State Energy Inspection,

G) imposes exercising control to the licensee to rectify the situation
identified deficiencies and report on measures taken within the period prescribed
decision of the Energy Regulatory Authority imposes fines
under a special law, ^ 4)

H) publish an annual report on the results of monitoring activities in the energy sectors
annual and monthly report on the operation of the electricity system
.. "

75th in § 17 para. 9 point. B ) after the word "license" the words "and
other natural or legal persons whose activities are subject
regulation under this Act."

76th § 19 is deleted.
| || 77th § 20 reads:

"§ 20


Regulatory reports
(1) The Licensee shall in the chart of accounts, accounting for
costs and revenues and profit or loss of each licensed
activities and supplier of last resort in accordance with the implementing
regulation. Licensee gas transmission shall continue in
chart of accounts for accounting for assets
various licensed activities in accordance with the implementing regulation.

(2) For accounting periods beginning 1 January, 2005, the licensee
electricity trading in the chart of accounts for cost accounting
and revenues and profit
electricity supplies to protected customers and accounts Recognition of costs and revenues and results of operations
accounting for the supply of eligible customers if
in accordance with the special part of this Act supplies electricity to protected customers
.

(3) For accounting periods beginning 1 January, 2005, the licensee
gas trading in the chart of accounts for cost accounting and
revenues and profit for gas supplies to protected customers and accounts
accounting for costs and revenues and profit for
accounting for the supply of gas to eligible customers, unless in accordance with
special part of this Act supplies gas to protected customers.

(4) For accounting periods beginning 1 January, 2005, the licensee
electricity trading license holder and gas trading in the chart
schedule accounts for the accounting of costs and revenues and profit
Business for suppliers of last resort if it was the business
supplier of last resort selected.

(5) For accounting periods beginning 1 January, 2005, the licensee
in the chart of accounts for the accounting of costs and revenues and results of operations for the
other activities that are not carried out under license by
this Act.

(6) For accounting periods beginning on January 1, 2005 the owner and lessor
power equipment, which is a member of the same business group as
licensee who uses to perform its licensed activities
this energy facilities, indicated in the chart of accounts and accounting
on revenues from the ownership of the power equipment.

(7) Licensee for the purpose of price regulation shall prepare
regulatory reports and submit them to the Energy Regulatory Office
30 April of the following calendar year for the previous financial year.
The terms and structure of regulatory reports, including model forms and rules
for compiling regulatory reports in the implementing legislation.

(8) Licensee, whose activities are subject to price regulation is required

Submit to the ERO financial statements to 30 June
following calendar year for the previous financial year.

(9) For accounting periods beginning 1 January, 2005, the licensee
gas transmission in the chart of accounts and accounting for
buying and selling gas for the purpose of ensuring a balance between gas entering and exiting
of the gas system in accordance with § 58 para. 1 point. j)
accounts and accounting for activities carried out in accordance with § 58 para. 8. ".

78th in § 21 para. 1, the word" service "word" and "is replaced by a comma and || | word "customers" the words "and electricity prices
supplier of last resort."

79th in § 21 para. 4, the words "§ 55 paragraph. 2 point. b) "is replaced by" §
55 paragraph. 3 point. c) ".

80th in § 22 paragraph 2 reads:

" (2) Participants in the electricity market with the right
regulated access to the transmission system and distribution system

A) bear responsibility for imbalance and imbalance settlement entities, or


B) may transmit under contract responsibility for deviation to another entity
imbalance settlement. ".

81st In § 22 after paragraph 2 the following paragraph 3 is added:
| || "(3) the method of evaluation and settlement of deviations is common to all subjects
settlement. Details about taking responsibility for
deviation and the methods of evaluation and settlement of imbalances
down the Electricity Market Rules. ".

82nd in § 23 para. 1 point.), The words" and transportation
transmission system and the distribution systems (hereinafter "the conditions of connection and transport
") "are deleted.

83rd in § 23 para. 1 at the end of the text of letter e) the words"
under the conditions laid down rules for operating the transmission system or
Rules for operating the distribution system. ".

84th in § 23 para. 2 point. i) the words" conditions of access and transport "| || replaced by "implementing legislation".

85th in § 23 para. 2 point. j) after the word "production" cancels
comma and the words "and the final customer without
use power equipment of another license holder. "

86th in § 23 at the end of paragraph 2 is replaced by a comma and
letters k) to n) are added:

"k) to inform participants of the electricity market in a manner allowing remote access


First on the share of electricity used for electricity production in the past
year

Second of CO2 emissions and the amount of radioactive waste
produced in electricity generation in the past year,

L) to ensure the safety and reliability of the electricity
system for preventing and resolving cases of emergency and under the conditions laid down
rules of the transmission system or the Rules
operating the grid system operator's instructions | || transmission system or distribution system operator, offering
operationally and commercially unused production capacity,

M) follow the instructions of the technical dispatching
a transmission system operator or the respective distribution system to which it is attached
electricity generating plant, during activities directly preventing
state of emergency in states of emergency and liquidation of the consequences of emergency

N) to register within 30 days of granting the license to produce electricity at
electricity market operator; registering the manufacturer becomes
registered electricity market participant (hereinafter the "registered
market participant"). ".

87th in § 24 at the end of paragraph 2 sentence" Provision of electricity || | for ensuring reliable operation of the transmission system is not considered
electricity trade. ".

88th in § 24 par. 3 letter b) reads:

" b) cater for the lowest costs of support services and electricity to cover losses
electricity transmission system, and for their own use;
to prevent outages and states of emergency and for resolving failure
conditions and emergencies cater to the extent necessary, electricity, and even from abroad
".

89th in § 24 paragraph . 3 point. c) of paragraph 2, the words "under § 54" are replaced
words "and in liquidation of consequences of emergencies."

90th in § 24 par. 3 point. c) point 6 after the word "system"
inserted the words "or in the protection zone."

91st in § 24 par. 3 point. c) at the end of the text in point 7, the words
"or distribution system ".


92nd In § 24 par. 3 point. d) Section 2, "according to § 54" are replaced
words "and in liquidation of consequences of emergencies".

93rd In § 24 par. 3 point. d) Section 6 of the word "system"
inserted the words "or in the protection zone."

94th In § 24 par. 3 point. d) at the end of the text in point 7, the words
"or distribution system."

95th In § 24 paragraph 4 reads:

"(4) The transmission system operator is obliged to establish an easement
allowing the use of foreign real estate or part thereof for the purposes referred to in paragraph 3
point. E), and a contract with the property owner, if | || that the owner is unknown or intended or because it is demonstrably
unreachable or inactive, or no agreement with him, the competent
building Authority on a proposal TSO decision on
easement. ".

96th In § 24 para. 9, the words "to g)" is replaced by "af)".

97th In § 24 para. 10 point. a) the words "access and transport services" are replaced
words "laid down by the implementing legislation."

98th In § 24 para. 10 point. c) after the word "resources"
words "energy, secondary energy sources" and end with a comma replaces
semicolon and the word "pre-emptive right did not apply
capacity allocation of international transmission interconnectors ".

99th In § 24 para. 10 letter e) reads:

"E) provide measurements in the transmission system, including their evaluation
and transmit the electricity market operator measured and evaluated data and
additional information necessary to perform its duties, the details
down implementing legislation."

100th In § 24 para. 10 point. r) the word "parameters" words "and
publish indicators".

One hundred and first In § 24 para. 10, at the end of the text of the letter)
is replaced by a comma and letters t) to y), added:

"T) inform the Ministry before the end of the second week of the month following the expiration
quarter of the physical flows of electricity
imports from countries which are not members of the European Union,

u) process and transmit Ministry and the Energy regulatory Office
annually by 1 March a report on the quality and level of maintenance
transmission system facilities and the measures to cover peak electricity consumption
and solutions power the electricity produced in the

) providing interoperability electricity market operator organizing
intraday electricity market and balancing market with regulating
energy

x) to register within 30 days of granting the license for the transmission of electricity at market operator
electricity; registering with the operator of the transmission system
becomes a registered market participant

y) manufacturers pay contributions to the cost of electricity from cogeneration
heat and power produced from secondary energy sources
manufacturers directly connected to the transmission system in an amount determined by
implementing legislation. ".

102nd Under § 24 the following § 24a is added:

"§ 24a

Department TSO

(1) The TSO if it is part of a vertically integrated undertaking
must be in terms of its legal form, || | organization and decision making from other activities not related to electricity transmission
. This requirement is not a requirement for separation of property ownership
.

(2) to ensure the independence of transmission system operator under paragraph 1
from 1 January 2005 will apply the following minimum criteria:

a) those persons responsible for the management of the transmission system operator shall not
directly or indirectly involved in the organizational structures
vertically integrated company that is responsible, directly or indirectly, for
normal operation of electricity generation, electricity distribution and electricity trade
, statutory body or its member, proxy or
senior employee of the TSO may not be
natural person who is simultaneously a statutory body or its member
proxy or senior employee of the licensee to manufacture
electricity generation, electricity distribution and electricity trading, which is
part of the same vertically integrated undertaking

B) they must be taken all appropriate measures to ensure that the professional interests
statutory body or its member, proxy or
senior staff responsible for the management of the transmission system operator has

Taken into account in a manner that ensures their independent behavior;
Statutory body or its member, proxy or senior manager
TSO shall not receive any remuneration or other property performance
holders of licenses for electricity generation, distribution
electricity or electricity trade within the same vertically
integrated undertaking; remuneration of the statutory body or its member
, clerk or manager of the transmission system
not be dependent on the economic results achieved
such other license holders within the same vertically integrated
entrepreneurs

C) the transmission system operator must dispose of real
decision-making rights with respect to assets necessary to operate,
maintenance and development of the transmission system, whose performance is independent of the vertically integrated
entrepreneurs; the parent company may not grant
TSO any instructions regarding the routine
operation and maintenance of the transmission system, nor can any other
way interfere in the decision on the construction or refurbishment of parts
transmission system, if such a decision is not
beyond the approved financial plan, or other similar instrument; This does not affect
permission of the parent company to approve the annual financial plan or another similar instrument
TSO and
approve its maximum debt

D) the transmission system operator must adopt internal regulations
program, which provides

First measures to eliminate discriminatory behavior in relation to other
electricity market participants, especially as regards access to him
transmission system operation and use of its services,

Second rules for disclosure of information on the operation and development
transmission system and access to it; information the provision
only certain electricity market participants, these participants could
advantage over others, the TSO is obliged to disclose
disadvantaging manner to other market participants
electricity

E) transmission system operator is obliged to inform
statutory body or its members, proxies and all employees with the program by
letter d), and ensuring compliance monitoring.
The transmission system operator is obliged to change his program and pass
Energy Regulatory Office and the Ministry without undue delay after their
adoption and to publish in a manner allowing remote access.
The TSO processes the annual report on the measures taken
and program performance over the past year, sends it to
April 30 of the following calendar year, the Energy Regulatory Office and the Ministry
and also publish in a manner allowing remote access.

(3) The transmission system operator shall from 1 January 2005
acquire shares of another legal person who holds a license to manufacture
electricity generation, electricity distribution and electricity trading. If
TSO already holds such an interest, shall be
sell or otherwise dispose of within 6 months from the effective date of this Act.

(4) The statutory body or its member, proxy or senior employee
TSO shall from 1 January 2005
acquire or hold shares in another legal entity within the same
integrated company that is holds the license to manufacture
electricity generation, electricity distribution and electricity trading.
If a natural person covered by the prohibition under this paragraph such
already holds shares within 6 months from the effective date of this Act
sell or otherwise dispose of at least a portion of its stake to continue || | share held, the amount of which does not exceed 1% of the share capital of the
licensee.

(5) From 1 January 2005 the TSO must also
conclude control agreements over management of another holder
license for electricity production, distribution or trade
electricity even in such a proceeding under control agreements already concluded
continue.

(6) O options include demonstrable minimum eligible costs incurred
hold a license for electricity transmission in connection with the fulfillment of obligations
department TSO Regulated

Prices may decide Energy Regulatory Office. ".

103rd in § 25 paragraph 3 reads:

" (3) The distribution system operator to whose system is connected to more
than 90,000 supply points of final customers must be from 1 January 2007
simultaneous holder of a license for electricity production, transmission
electricity, trade with electricity and gas business, otherwise these other
concurrently held the license to 1 . January 2007 shall expire. ".

104th in § 25 par. 4 point. d), point 2, the words" under § 54 "are replaced
words" and in liquidation of consequences of emergencies. "|| |
105th in § 25 par. 4 point. d), point 6, after the word "system"
inserted the words "or in the protection zone."

106th in § 25 paragraph . 4 point. d) at the end of the text in point 7, the words
"or transmission system."

107th in § 25 par. 4 point. e), point 2, the words "pursuant to § 54 "
replace the words" and in liquidation of consequences of emergencies. "

108th in § 25 par. 4 point. e) section 6 of the word" system "
inserted the words" or in his protection zone ".

109s. In § 25 par. 4 point. e) at the end of the text in point 7, the words
"or transmission system."

110th In § 25 paragraph 5 reads:

"(5) The relevant distribution system operator is obliged to establish
easement allowing the use of foreign real estate or part thereof for
purposes referred to in Subsection 4. F), and a contract with the owner of the property
; if the owner is not known or determined or because
is demonstrably unattainable or inactive, or no agreement with him
issues relevant planning authority on a proposal from the relevant operator
distribution system decision for the easement. ".

111th In § 25 par. 10, the words "point. F) to h)" is replaced by "point.
F) and g)."

112th In § 25 par. 11 point. a) the words "conditions of connection and transport"
replaced by "the conditions laid down by the implementing legislation."

113th In § 25 par. 11 at the beginning of the letter b) the words' until 31 December 2004
"at the end of Letter b) the comma and semicolon
replaces the words" this obligation applies to the distribution || | system to which the device is connected to fewer than 100,000 supply points
final customers until 31 December 2005 ".

114 respectively. In § 25 par. 11 at the end of the text of letter c) the words "u
customers taking electricity from low voltage networks, who are
equipped with continuous metering, assign the appropriate chart type
supplies in accordance with the implementing regulation ".

115th In § 25 par. 11 point. d) the words "resources" the words
'secondary energy sources "and the word" distributing "
comma is replaced by a semicolon and the words" this does not concern capacity allocation
international distribution interconnectors ".

116th In § 25 par. 11 letter f) reads:

"F) provide measurements in the distribution system, including their
evaluate and transmit the electricity market operator
measured and evaluated data and other information necessary to perform its duties
, the details of the implementing legislation".

117th In § 25 par. 11 point. u) the word "parameters" words "and
publish indicators".

118th In § 25 par. 11, letter v) deleted.

Existing letters x) ay) are renumbered v) x).

119th In § 25 par. 11 point. v) the words "conditions of access and transport,"
replaced by "implementing legislation".

120th In § 25, at the end of paragraph 11 is replaced by a comma and Point y
), which reads:

'S) until 31 December 2005 to supply electricity to protected customers
based electricity distribution license, if the device is connected
less than 100,000 supply points of final customers. ".

121st In § 25 paragraph 11 the following paragraph 12 is added:

"(12) The distribution system is also required

a) inform the Ministry before the end of the second week of the month following the expiration
calendar quarter of
physical flows of electricity import from countries that are not European Union members,

b) process and transmit the electricity market operator data from measurements
needs for the creation of load profiles, details down
implementing legislation

c) process and transmit to the Ministry and the Energy regulatory Office
annually no later than March 1 of the following calendar

Year a report on the quality and maintenance of the distribution system,

D) to register within 30 days of granting the license to distribute electricity
operator of the electricity market;
registering for the distribution system becomes a registered market participant

E) follow the instructions of the TSO
during activities directly preventing a state of emergency and states of emergency in accordance with § 54 paragraph
. 2 and at liquidation of consequences of emergencies. ".

Former paragraph 12 shall be renumbered 13th

122nd in § 25, paragraph 13 reads:

" (13) the distribution system operator directly connected to the transmission system
shall pay the producers connected to the distribution system
contributions to the cost of electricity from cogeneration of electricity and heat
or produced from secondary energy sources in an amount determined by implementing
laws. ".

123rd Under § 25 the following § 25a is inserted:

" § 25a

Department of DSOs

(1) The distribution system if it is part of a vertically integrated undertaking
must be from 1 January 2007
terms of its legal form, organization and decision making from other activities not related to distribution
electricity. This requirement does not
requirement for separation of property ownership.

(2) To ensure the independence of the distribution system by
paragraph 1 from 1 January 2007 will apply the following minimum criteria:

A) those persons responsible for the management of the distribution system
not directly or indirectly participate in the organizational structures
vertically integrated company that is responsible, directly or indirectly, for
normal operation of electricity generation, electricity transmission and trade of electricity or gas
; statutory body or its member, proxy or
senior employee of the DSO can not be
natural person who is simultaneously a statutory body or its member
proxy or senior employee of the licensee to manufacture
electricity transmission electricity, trade with electricity or gas, which is
part of the same vertically integrated undertaking

B) they must be taken all appropriate measures to ensure that the professional interests
statutory body or its member, proxy or
senior staff responsible for the management of the distribution system
been taken into account in a manner that ensures their independent behavior ;
Statutory body or its member, proxy or senior manager
distribution system operator shall not receive any remuneration or other property performance
holders of licenses for electricity generation, transmission
electricity, trade with electricity or gas within
same vertically integrated undertaking; remuneration of the statutory body or its member
, clerk or manager of the distribution system
not be dependent on the economic results achieved
such other license holders within the same vertically integrated
entrepreneurs

C) the distribution system operator must dispose of real
decision-making rights with respect to assets necessary to operate, maintain and develop
distribution system, which is independent from the vertically integrated
entrepreneurs; the parent company may not grant
DSOs any instructions regarding the routine
operation or maintenance of the distribution system, nor shall any
otherwise interfere with the decisions on the construction or refurbishment of parts
distribution system, if such a decision is not
beyond the approved financial plan, or other similar instrument;
This does not affect the authority of the parent company to approve the annual financial plan
or other similar instrument DSOs
and approve its maximum debt limits.

(3) The distribution system operator must adopt internal regulations
program, which provides

) Measures to eliminate discriminatory behavior in relation to other
electricity market participants, especially as regards access to him
operated distribution system and use its services

B) rules for disclosing information about the operation and development
distribution system and access to it; information the provision
only certain electricity market participants could these participants

Advantage over others, the distribution system operator is obliged to disclose
disadvantaging manner
and other participants in the electricity market

C) measures to ensure the organizational and information department
electricity distribution from electricity production, electricity trade and
gas trade, if also vertically integrated entrepreneur and
it until unbundling pursuant to paragraph 1

(4) The distribution system operator is obliged to inform
statutory body or its members, proxies and all employees with the program
pursuant to paragraph 3 and to ensure compliance monitoring.
Distribution system operator is obliged to change his program and pass
Energy Regulatory Office and the Ministry without undue delay
after its adoption and to publish in a manner allowing remote access
. The distribution system operator is obliged to prepare
annual report on the measures taken and the implementation of the program for the past year
, send it by 30 April of the following calendar year
Energy Regulatory Office and the Ministry and to publish in a manner allowing remote
access.

(5) The distribution system operator shall from 1 January 2007 to hold
shares of another legal person who holds a license to manufacture
electricity generation, electricity transmission, trading in electricity or gas.

(6) The statutory body or its member, proxy or senior employee
distribution system operator shall from 1 January 2007
hold shares in excess of 1% of the share capital of another legal entity
within the same vertically integrated entrepreneurs who holds
license for electricity generation, electricity transmission, trading in electricity or gas
.

(7) From 1 January 2007 the DSO conclude
control agreements over management of another license holder
for electricity generation, electricity transmission, trading in electricity or gas
even in such proceedings by controlling agreements already concluded continue.

(8) If there is an obligation to separate the activities conducted under this Act
lease of the company or its part, the lessee is obliged to take over leased
business or part of it in their accounts. If the department
obligation hereunder made tenancy of individual assets is
landlord must notify the tenant information about the value of the leased property
the extent required by the Energy Regulatory Office for price regulation
.

(9) Segregation of duties under this Act must be made no later
31 December 2006, with the exception of a vertically integrated company,
which provides services for less than 90,000 connected final
customers.

(10) The possibility of inclusion of provable minimum justified costs incurred
license holder for electricity distribution in connection with the fulfillment of obligations
unbundling of distribution into
administered prices may decide Energy Regulatory Office.

(11) vertically integrated business may apply to the Commission for an exemption from the obligation
unbundling of distribution
under this Act if, on the basis it is processed and the Energy Regulatory Office approved
report proves fully functional and enjoy non-discriminatory access
into its distribution system to all participants in the electricity market
concerning the conditions of connection and distribution of electricity, including the creation of transparent
pricing for the service it provides. ".

124th In § 26 paragraph 2 reads:

"(2) dispatch TSO performs dispatching
controlling transmission in the transmission system and dispatcher resource management
transmission system resources and providing support services to ensure
distribution system services system in cooperation with
DSO.
Dispatching of the transmission system operator is responsible for ensuring compliance with interconnection with the power
networks of other countries. ".

125th In § 26 at the end of the text of paragraph 3, the words" in accordance with paragraph
2. "

126th in § 26 par. 6, after the word" establishment "the words" and when
liquidation of consequences of emergencies, "and at the end of the text of paragraph 6 the following
words" and dispatching DSOs are obliged
guidelines dispatching TSO manage. "

127th § 27 reads:

" § 27

Electricity Market Operator


(1) The electricity market operator is a joint stock company established by the state, whose shares
reads the name.

(2) State's own shares in the electricity market operator whose total
nominal value represents at least 67% of the share capital
electricity market operator.

(3) The electricity market operator holding a license. Market Operator
electricity or legal entities, in which the electricity market operator
stake, may hold other licenses specified in § 4.

(4) electricity market operator is obligated under license

A) process the data transmitted by the electricity market participants
trade balance electricity and transmit it to the transmission system and
DSOs

B) to organize short-term electricity market and in cooperation with
TSO balancing market with regulating energy

C) processed on the basis of contracts for the supply of electricity
clearing entities or registered market participants and actually measured the supply and consumption of electricity
registered market participants imbalance evaluation and the evaluation
pass individual entities clearing

D) Based on the evaluation of variations to provide clearing and settlement
imbalances between settlement entities that are obliged to pay them,

E) inform the transmission system operator or the relevant
DSOs for failure to meet payment obligations
market participants arising from the results of the evaluation of current and
agreed supply and consumption of electricity,

F) prepare and publish monthly and annual report on the electricity market
in the Czech Republic

G) prepare and transmit to the Ministry and the Energy Regulatory Office
least once a year on the future expected electricity consumption
and the manner of its coverage and the anticipated sources of electricity
development of the electricity market,

H) to ensure the safeguarding of having a commercially confidential nature
third parties on which the course of carrying out its activities,

I) inform the Energy Regulatory Authority and the Ministry of
supply of electricity, which may be subject to restrictions on imports of electricity by §
44

J) prepare documentation for draft Electricity Market Rules, including
rules for imbalance settlement and authorized additional costs caused
electricity market participants during activities directly preventing
state of emergency in states of emergency and liquidation of the consequences of
emergency and submit it to the Energy regulatory Office,

K) provide for appropriate electricity market participants
actual value of supply and consumption of electricity and other essential information
associated with the implementation of the rights of eligible customer

L) process and approval by the Energy Regulatory Office
publish business conditions Electricity Market Operator,

M) ensure, in cooperation with distribution network operators
processing load profiles for customer
set by the implementing legislation, based on data from
DSOs according to § 25 paragraph. 12 letter. b)

N) on the basis of information supplied by the TSO
responsible for the clearing and settlement of regulating energy

O) separately accounted for the activities carried out under this paragraph and
under paragraph 8

P) conclude an agreement on settlement of imbalances and facilitate trade with
electricity on organized markets it to anyone who applies for it and meets the conditions
electricity market operator.

(5) Electricity Market Operator has the right to require

A) by clearing entities and registered market participants
data from contracts for the supply of electricity, which are mainly power and timing, and
even in the electricity generating electricity market participant, for whom the subject || | clearing assumed responsibility for deviation

B) by the transmission system operator and distribution system
measured and evaluated data and other information necessary for the performance of their duties
.

(6) Details concerning the activities of the electricity market operator
referred to in paragraph 4 and the rights of electricity market operator referred to in paragraph 5
down the Electricity Market Rules. Details
electricity metering and technical data transmission shall be laid down
regulation.


(7) Prices for the activities of the electricity market operator under paragraph 4
way their billing and reimbursement individual electricity market participants
in the implementing legislation.

(8) Electricity Market Operator has the right after the approval of the Ministry and the Energy Regulatory Office
perform other activities whose prices are not regulated
.

(9) The electricity market operator is obliged to draw up and submit
Energy Regulatory Office for approval of the terms and conditions which must contain


A) procedures for the clearing and settlement of deviations

B) procedures for the organization and settle it organized markets
electricity

C) the method of determination and forms of financial security payments and conditions for their use
,

D) the method of issuing tax documents

E) the procedures for applying complaints

F) procedures for changing supplier eligible customer

G) procedures for the provision of data for invoicing authorized
customer that has changed supplier,

H) details on how to register,

I) details of the measured and evaluated:
data and other information necessary for the performance of activities of the electricity market operator. ".

128th in § 28 para. 1 point.) The words' conditions connectivity and transport "
replaced by" the conditions laid down by the implementing legislation. "

129th in § 28 para. 1 point. d) the words" amount of electricity, "are inserted
words" quality specified by the implementing regulation ".

130th in § 28 para. 1, at the end of subparagraph d) is replaced by a comma and the following points
e), f) and g), as follows: || |
"e) information on the total mixture of fuel suppliers and information on the impact
environmental

F) in the case of small customers and households to electricity supply in
quality specified by the implementing legislation for regulated prices from
supplier of last resort in the event that requests it,

G) to free change of electricity supplier by the Market Rules
electricity. ".

131st in § 28 par. 2 letter f) reads:

'f) drive the instructions of the technical dispatching
the transmission system or the respective distribution system to which
its equipment is connected, during activities directly preventing
state of emergency during emergencies and in liquidation of consequences of emergencies ". || |
132nd in § 28 para. 2 at the end of letter g) the words "if
subject of settlement".

133rd in § 28 par. 2 letter i) reads:

"i) participate, according to the amount of power drawn by the payment
eligible costs of the transmission system operator or the respective distribution system
associated with connecting your device and the
ensuring the required input value, calculated manner
set by the implementing legislation. ".

134th In § 28 at the end of paragraph 2 is replaced by a comma and a letter
l), which reads:

" l ) to register at least 30 days before I make
electricity supply from another license holder for electricity generation or another
license holder for electricity trade, or if it is subject
settlement with the electricity market operator;
registering a legitimate customer becomes a registered market participant. ".

135th in § 28 the following paragraphs 5 and 6 are added:

" (5) The owner of the property to which is supplied to eligible customers
electricity under the contract, it shall

A) that the supply of eligible customers allow

B) maintain a common electrical devices used for this shipment in
state corresponding legal regulations and technical standards

C) provide technical information on the electrical equipment holder
electricity distribution license,

D) allowing the holder to electricity distribution license to access this
electrical equipment.

(6) Common electrical equipment to supply electricity to eligible customers in
one property is part of this property. ".

136th in § 29 Paragraph 1 reads:

'( 1) Protected customer has the right

A) to connect their energy consuming electrical equipment for distribution
system in accordance with the contract, fulfilling the conditions laid down in connection
implementing regulation,

B) the supply of electricity at regulated prices and quality specified
implementing regulation; 31 December 2004, electricity supply

Protected customer effected on a distribution license
electricity from January 1, 2005 is carried out under license to
electricity trade, except pursuant to § 25 paragraph. 11 point. y)

C) information on the overall mix of fuels suppliers and information on the impact on the environment
.. "

137th in § 29 par. 2 point.), The words" for protected customers "
replaced by "electricity set by the implementing legislation."

138th in § 29 par. 2 point. f) the words "conditions of connection and supply
for protected customers" are replaced by " '
implementing legal regulation. "

139th In § 30 paragraph. 1 point. a) the words "of the transmission and distribution of electricity
or" are deleted.

140th In § 30 paragraph. 1 point. b) at the end of the comma and semicolon
replaces the words "under paragraph 2 point. g) are not affected
".

141st In § 30 at the end of paragraph 1 is replaced by a comma and
letters d) and e) are added:

"D) the provision of information by electricity market operator
necessary for billing of electricity to end customers

e) terminate or suspend the supply of electricity to end customers during
unauthorized consumption of electricity.".

142nd In § 30 paragraph. 2 point. a) the word "rules" is replaced by
"Rules".

143rd In § 30 paragraph. 2 at the end of the text of letter b)
dot deleted and the words "if it is subject to clearing".

144th In § 30 at the end of paragraph 2 is replaced by a comma and
letters c) to l) are added:

"C) to offer end customers a fair and non-discriminatory selection
method of payment for the electricity supplied

d) Advise small customers and households at least two months in advance to
intention to modify contractual conditions, || |
e) state, when electricity bills to final customers as part of a documentary


first data on the share of each electricity source in the total mix of fuels
contractor for the previous year,
|| | second link to the public source of information on the impact of electricity generation on
environment

f) enter into a contract for the supply of electricity and supply electricity to protected
customers at regulated prices, if a trader electricity, which
is part of a vertically integrated company or which originated in
result of his department under this Act; this duty, the trader
to protected customers whose supply points are connected to
distribution system in a defined territory
vertically integrated businesses or DSOs, which originated
department under this Act of the same vertically integrated
entrepreneurs

G) to supply electricity to protected customers at regulated prices

H) charge separately for electricity supply of last resort
supply electricity to protected customers and the supply of electricity to eligible
customers

I) comply with the parameters of quality of electricity supplies and services set
implementing regulation,

J) to register within 30 days of the granting of licenses for electricity trading
operator of the electricity market; registering a trader
electricity becomes a registered market participant

K) to perform activities of a supplier of last resort, if it was to
Energy Regulatory Office intended

L), process and transmit data to the Energy Regulatory Office
needed for decisions on prices for electricity supplies to protected customers
or activities of the supplier of last resort. ".

145th in § 31 paragraph 1 reads:

"(1) renewable sources shall mean renewable non-fossil natural
energy sources, namely wind energy, solar energy,
geothermal energy, water energy, soil, energy, air | || energy biomass, landfill gas, energy, landfill gas and biogas energy
.. "

146th in § 31 para. 2" connection and transport "is replaced
" specified in the implementing law. "

147th § 32 including footnotes. 6) and 6a) reads:

" § 32

The combined production of electricity and heat and electricity from secondary energy sources


(1) To increase the efficiency of cogeneration of electricity and heat
and reduce the production of greenhouse gases, the manufacturer of thermal energy
reviewed by a special legal regulation 11)
possibility of introducing combined heat and power production.


(2) Manufacturers of operating equipment for combined production of electricity and heat
or equipment for the production of electricity from secondary energy sources
have, if they so request and technical conditions allow,
right to priority transportation electricity transmission system and
distribution systems, with the exception of capacity allocation
international transmission or distribution interconnectors. Furthermore, they are entitled to priority connection
its manufacturing facility to the transmission or distribution system
if you ask for it and if they meet the conditions
connection and electricity transport laid down
implementing legal regulation. ^ 6) These rights apply to electricity

A) produced in plants using secondary energy resources
amount corresponding to the share
energy potential of secondary energy sources entering the production process

B) produced in plants combined production of electricity and heat in a single process
quantity demonstrably linked to the amount of thermal energy
delivered to the district heating systems or direct delivery
natural or legal persons for further utilization
for technological purposes, except for own consumption of energy resources.

(3) The condition of combined production of electricity and heat supply
useful heat for further use. The criterion for assessing
combined heat and power production is the primary fuel savings
resulting from the difference between the overall efficiency of combined production of electricity and heat
a reference value. The overall efficiency
combined heat and power production must meet minimum efficiency values ​​
energy use by special legislation 6a), while total
efficiency cogeneration of electricity and heat must be to classify
electricity as electricity from combined heat and power production
least 10% higher than the reference value. This condition may not be satisfied with
devices combined production of electricity and heat to the installed capacity of 1 MW
.

(4) Contributions to electricity from combined heat and power production
or produced from secondary energy sources paid by manufacturers
DSOs directly connected to the transmission system
to which they are connected, or the transmission
system if the manufacturer of the transmission system directly connected.
Amount of the contribution of the Energy Regulatory Office.

(5) The amount of electricity from combined heat and power production and secondary energy sources
records the Energy Regulatory Office.

(6) details the method for calculating the amount of electricity from cogeneration of electricity and heat
based on the proportion of thermal energy and electricity
determining electricity from secondary energy sources stipulated by the Ministry
implementing regulation.

(7) certificate of origin of electricity from cogeneration of electricity and heat
or secondary energy sources (hereinafter referred to as "certificate"), which is
prerequisite for the application of electricity from cogeneration of electricity and heat
and electricity from secondary energy sources on the market
electricity issued by the Ministry on the request for certification,
which must contain the applicant's identification data, identification data
factory, a description and diagram of manufacturing equipment and technological process
combined heat and power production, or production of electricity from
secondary energy sources, fuel data, current and anticipated
overall efficiency and the reference value and method
determine the ratio of heat and electricity. In the event that the data
specified in the application does not agree with the facts, the Ministry
certificates issued, or if it has already been issued, its validity is canceled. Details
application and pattern application for certification shall be laid down
regulation. The application shall be the operator of cogeneration of electricity and heat
and production of electricity from secondary energy sources
filed within 6 months from the effective date of this Act.

(8) Electricity traders are obliged to preferentially purchase and supply
electricity by producers of electricity from cogeneration of electricity and heat
or producers of electricity from secondary energy sources.
Details on the method of determining a trading
electricity from combined heat and power production and secondary energy sources provides

Implementing legislation.

(9) deviations in the output device because of inherent nature
combined heat and power production should not be a reason
fulfill its obligations under paragraphs 4 and 8

6) Decree no. 18/2002 Coll., On conditions of connection and transport of electricity
in the electricity grid, as amended by Decree no. 300/2003 Coll.

6a) Decree no. 150/2001 Coll., Laying down minimum
efficiency of energy use in the production of electricity and thermal energy. ".

148th In § 33 at the end of the text of paragraph 1 the words "under
total installed electrical capacity is the sum of the values ​​of installed
performance of production units at the connection to the electricity grid.".

149th in § 33 at the end of paragraph 2 is replaced by a comma and the following
letter g), added:

"g) protection of public health and safety.".

150th in § 35 para. 1 point. h), the words "connection and transport" shall be
words "by the implementing legislation" and the words "and ensure
support services" is replaced by "and to ensure the system
services and the impact on the safety and reliability of electric power
system. "

151st in § 36 para. 1 point. h) the words" access and transport services "are replaced
words" by the implementing legislation. "

152nd V § 38 par. 1 the words "based on evidence of proven
denial of access to the transmission system or the distribution system" are deleted.

153 above. In § 38 at the end of paragraph 2 is replaced by a comma and
letter d), which reads:

"D) the protection of public health and safety.".

154th In § 40 par. 1 point. g) the words "connections and traffic," shall be
words "by the implementing legislation".

155th In § 41 paragraph. 1 point. g) the words "access and transport services" are replaced
words "by the implementing legislation."

156th In § 44 para. 1, at the end of subparagraph b) the words "case
on electricity imports from countries which are not members of the European Union".

157th In § 44 para. 1 at the end of the text of letter c) the words "
case of electricity imports from countries which are not members of the European Union
".

158th In § 44 para. 2, "1 January 2005" are deleted, the word
"persons" the words "or temporarily take the necessary safeguard measures
" and the word "use" the full stop shall be deleted and the words "and
if it threatened the physical safety or personal protection.".

159 aircraft. In § 45 para. 2 at the end of paragraph sentence "
electrical connection of low voltage to a length of 50 m is used for electricity supply
households for housing purposes shall be borne by the responsible
distribution system.".

160th In § 45 para. 7 first sentence, the word "consent", the words
'owner and connections. "

161st In § 46 para. 3 letter b) reads:

"B) for voltages above 35 kV to 110 kV including

first to bare conductors 12m

second for conductors with basic insulation 5 m".

162nd In § 46 para. 6 point. b) the word "station" the words "and
tower stations with outdoor supply".

163rd In § 46 paragraph 11 reads:

"(11) If the technical and security conditions allow and if it happens
danger to life, health or safety of persons may
natural or legal person who operates the relevant parts of the power system or a direct line operator
grant written consent
activities in the zone. the consent must include the conditions under which it was granted
is attached to the proposal for zoning or an application for a building permit
; building authority approval criteria not reviewed. ".

164th In § 49 at the end of the text in paragraph 1 shall supplement the phrases "By measuring the
detects the quantity supplied or consumed active or reactive power and
its timing. For end customers taking electricity from low voltage networks
may be timing replaced by a type diagram
supply. Details determining the type diagram deliveries and rules
assign it to the final customer
implementing legal regulation. ".

165th In § 49 para. 9, after the words "measuring device", the words "
which is owned by the TSO or DSOs
".

166th In § 49 para. 12, after the words "protected customers" the words
", which is owned by the TSO or DSOs
".

167th § 50 reads:

"§ 50


Contracts between electricity market participants

(1) electricity supply contract with the supplier undertakes to supply electricity
Stage performance, quantity, timing
another participant in the electricity market and that other electricity market participant
agrees to pay the agreed price for it or in the case of
protected customer or end customer that uses a supplier of last resort
price is regulated. The supply agreement shall contain
duration of the contract. An integral part of the delivery contract
electricity to residential and small business customers are conditions that
must contain details of the launch, conduct and completion of delivery
electricity to measure electricity consumption, billing and payment method and
dispute settlement procedure.

(2) Contract for combined electricity supply services is committed
manufacturer and marketer of electricity and supply electricity to ensure
own name and for its own account, electricity transmission, electricity distribution and
system services, and legitimate customer agrees to pay the agreed price
.

(3) the connection agreement commits the transmission or distribution system
connect to the transmission or distribution system
device manufacturers, operators and other distribution system
end customer and enable them to supply electricity; producer
another distribution system operator or the end user is
undertakes to pay a share of the eligible costs of the connection.
Contract must contain conditions for connecting devices, including the amount reserved
power, date and place of connection.

(4) Treaty undertakes electricity transmission operator of the transmission system to transport
producers, electricity traders or authorized
customer agreed amount of electricity a manufacturer, dealer or electricity
eligible customer agrees to pay the regulated price.

(5) The distribution agreement commits operator
distribution system to transport for the producers, electricity trader or eligible customer
agreed amount of electricity a manufacturer, dealer
electricity or eligible customer agrees to pay the regulated
price.

(6) contracts for delivery of balancing energy undertakes market operator
financially settled electricity supply regulation energy
performed within the scope determined by the TSO provider
regulatory power at the price set by the Electricity Market Rules.
Integral part of the contract are approved conditions
operator of the electricity market.

(7) Treaty on access to the organized short-term electricity market
obliges electricity market operator to enable market participants
electricity participation in organized short-term electricity market and
settle trades carried out by the Market Rules
electricity and the electricity market participant agrees to pay the price set by
electricity market Rules. An integral part of the contract is approved
business conditions Electricity Market Operator.

(8) Agreement on access to the balancing market with regulating energy,
obliges electricity market operator to enable market participants
electricity free access to the balancing market with regulating energy and
financially settle trades made under the Rules
electricity market. An integral part of the contract are approved conditions
electricity market operator.

(9) Agreement to provide support services commits
provider of support services to deliver the agreed amount of support services
specified quality and the transmission system operator is obliged to pay the price
.

(10) of the Treaty on the transfer of technical data undertakes
transmission system operator and distribution system operator without charge
transmit electricity market operator data needed to evaluate and
clearing imbalances of clearing entities, by sampling and transfer
areas of electricity market participants and actual values ​​
supply and consumption of electricity and the electricity market operator agrees to these data
take. An integral part of the contract are approved conditions
electricity market operator.

(11) Agreement on Settlement of Imbalances undertakes market operator
electricity based on an assessment of actual and contracted supply and consumption of electricity
perform for electricity market participant

Scoring, clearing and settlement of imbalances and market participant
electricity agrees to pay the regulated price. Market participant
electricity contracting for the settlement of imbalances becomes subject
settlement. An integral part of the contract are approved conditions
electricity market operator. ".

168th in § 51 paragraph. 1 point. F) after the word" taking "the word" measured ".

169. In § 51 at the end of paragraph 1 is replaced by a comma and
letter h), which reads:

"h) subscription without a contract, the subject of which is the transmission of electricity || | or distribution of electricity consumption or inconsistent with such a closed
contract. ".

170th in § 51 paragraph. 2, second sentence, the words" in terms of connectivity and
transport and in terms of connectivity and supplies to protected customers "
replaced by" implementing regulation ".

171st in § 52 paragraph. 1 point. d) after the word" supply "
insert the word" measured ". | ||
172nd in § 52 paragraph. 2, second sentence, the words "in terms of access and transport
" is replaced by "implementing regulation".

173rd in § 54 para. 1 introductory sentence reads: "the situation immediately
prevent states of emergency or a state of emergency or liquidation of the consequences of
emergency is a situation that arose in the electricity grid as a result."

174th In § 54 at the end of paragraph 1 is replaced by a comma and
letter f), which reads:

"F) compromising the integrity of the power system, its safety, reliability
operations and jeopardized the physical safety or protection
people.".

175th In § 54 par. 2, after the word "emergency" the words "or situation
immediately to prevent states of emergency" and the words "management and" shall be inserted
word "immediately".

176th In § 54 par. 3, after the word "emergency" the words "or situations
immediately to prevent states of emergency" and the words "systems and" shall be inserted
word "immediately".

177 cells. In § 54 par. 5, the words "During emergencies" are replaced by "For
activities directly preventing a state of emergency in states of emergency and
liquidation of the consequences of emergency" and at the end of the paragraph the following words
" irrespective of the contract between market participants
electricity. "

178th In § 54, the following paragraph 9 is added:

"(9) In declaring a state of emergency or prevent its occurrence or when
liquidation of consequences of emergencies is entitled to damages and lost profits
excluded.".

179th § 55 reads:

"§ 55

gas market

(1) The Czech Republic is organized gas market on the basis
third party access to the transmission system, the distribution || | systems, including loose accumulation of underground gas storage facilities and
withdrawal pipelines for all gas market participants who have
right of access under this Act and authorization for access to construction
selected gas facilities under the terms of
this Act with a view to ensuring reliable and economical gas supply while ensuring environmental protection
.

(2) Prices for gas distribution, gas transmission for final customers
Czech Republic, as free accumulation of gas supply to protected
customers and supply of last resort regulates the Energy regulatory Office
.

(3) the gas market is opened progressively as follows:

a) 1 . January 2005 under the conditions laid down in this Act
eligible customers all final customers whose annual consumption
related to one supply point in 2003 exceeded the value of 15 mil.
m3 of natural gas, plus all the licensees
produce electricity in gas-fired thermal power stations or in combined heat and power
, to the extent of their consumption for this generation,

B) from 1 January 2006, subject to the conditions laid down in this Act
eligible customers all customers except households

C) from 1 January 2007 under the conditions laid down in this Act
eligible customers all final customers. ".

180th In § 56, paragraph 2 shall be deleted and whilst repealing the designation
paragraph 1.

181st § 57 and 58, added:

"§ 57
Producer


(1) The manufacturer has the right

A) the establishment and operation of mining pipelines and connecting them to
transmission or distribution system if these pipelines
meet the connection requirements of the Rules of operation of the transmission system and

Distribution systems in the gas industry (hereinafter the "Rules of Operation")
that the implementing legislation,

B) sell gas at the delivery point under contract
transmission system operator, competent distribution system operator
gas trader

C) restrict or suspend the operation of a plant and gas pipelines in mining
extent necessary in the following cases:

First imminent danger to life, health or property of persons and during
of these situations,

Second during emergency situations or during activities directly preventing their occurrence
,

Third in the development and troubleshooting mining
pipelines or facilities serving for the production or extraction of gas,

Fourth the implementation of planned renovations and repairs mining
pipelines or equipment used for production or extraction of gas,

D) refuse access to the mining pipeline on the basis of demonstrable
lack of spare capacity, except in cases relating to that part
mining pipeline capacity that was used for the purpose of securing supplies concerned
eligible customer in the past year, when the customer
protected as specified by the customer himself or through his authorized
gas trader on its further use
show continued interest in submitting an application for conclusion of the relevant
contract, namely: || |
First within 30 days of the effective date of this Act with customers
who will become eligible customers from 1 January 2005

Second at least 30 days before the date on which they become eligible for customers
who will become eligible customers from 1 January 2006 or 1 January
2007

Third at least 30 days before the date when they expire their contracts with
all eligible customers

E) enter and drive on foreign real estate in connection with the establishment and operation of mining
pipelines or gas production plant, even if
renovations and repairs,

F) remove and cut back trees and other vegetation, carry out the liquidation
deleted and truncated trees and other vegetation endangering
safe and reliable operation of extracting gas pipelines or gas production in
where this is done after previous warnings
himself the owner or user.

(2) The relevant manufacturer is required to establish an easement allowing
utilization of foreign real estate or part thereof for the purposes specified in paragraph 1
point. e) and f), and a contract with the property owner; in the event that
owner is unknown or intended or because it is demonstrably
unreachable or inactive, or no agreement with him, the competent authority
construction on a draft of the decision maker on establishing the right
burden .

(3) where the owner or lessee of the property as a result of the exercise of rights
manufacturer pursuant to paragraph 1. e) and f) property damage or if
restricted in normal use of the property is entitled to a one-off compensation
^ 5), including the costs of an expert opinion.
Right to that compensation must be filed with the manufacturer, which caused
property damage or limit the use of property within 6 months from the date when the
about the owner or tenant has learned.

(4) In the cases referred to in paragraph 1. e) and f), the manufacturer must
utmost to conserve the rights of the owners of the affected properties and the entrance to their property
notify them immediately. After completing
is obliged to bring the property to its previous state, or if that is not possible with
regard to the nature of work performed, to the state corresponding
previous purpose or use of the property concerned and immediately report this fact
real estate owner. After making
removing or cutting back trees shall at his own expense to dispose
generated brushwood and residues after extraction.

(5) In the cases referred to in paragraph 1. c) Section 4
manufacturer is obliged to notify in writing to their customers start and end
restriction or interruption of gas supplies, but at least 30 days in advance.

(6) In the cases referred to in paragraph 1. c) the manufacturer must
restore gas supply immediately after eliminating the causes that led to
the restriction or interruption.

(7) In the cases referred to in paragraph 1. c) the right to compensation
damages and lost profits is excluded. This does not apply if the manufacturer fails
notification obligation under paragraph 5.

(8) The manufacturer is also obliged


A) provide at its expense mining pipeline connection to the transmission
system or distribution system

B) to ensure safe and reliable operation of gas production and mining
gas and non-discriminatory conditions for access to mining
pipeline

C) provide the transmission or distribution system to which its
mining pipelines connected, the information necessary to ensure mutual
uptime

D) provide at its expense the installation of measuring equipment
prior consent of the operator of the transmission system operator or
distribution system to which it is attached,

E) provide conditions for measurement of gas supplied to the transmission system or distribution system
and transmit the data necessary for the settlement of imbalances
transmission system operator; details are determined by market rules
gas

F) complete a daily, monthly, annual and five-year production
evaluate it and pass the Balance Centre,

G) develop within 6 months after granting the license to produce gas emergency plans
gas production, and send them to the Ministry annually specify it,

H) establish and operate a technical dispatching center, which is responsible for dispatching
control of gas production, and to follow the dispatcher's order
gas system of the Czech Republic, which shall be laid down
prescription

I) declare a state of emergency within the gas production and mining pipelines,

J) refuse access to the mining pipeline

First in cases that are contrary to the Rules or Rules
operation of the gas market; denial of access shall be in writing and must be
justified

Second Based on the Ministry's decision in cases specified in § 75;
Denial of access shall be in writing and must be justified

A) keep separate accounts for the production of gas, for regulatory purposes by
implementing legislation.

§ 58

TSO

(1) The TSO has the right

A) refuse access to the transmission system on the basis of demonstrable
lack of spare capacity, except in cases relating to that part
capacity of the transmission system, which was used for the purpose of securing supplies concerned
eligible customer in the past year he was protected
customer unless that customer or by his authorized
gas trader on its further use reflected
still interested in applying for a contract of carriage, namely:

First within 30 days of the effective date of this Act with customers
who will become eligible customers from 1 January 2005

Second at least 30 days before the date on which they become eligible for customers
who will become eligible customers from 1 January 2006 or 1 January
2007

Third at least 30 days before the date when they expire their contract of carriage
for all eligible customers

B) access to underground gas storage facilities under the conditions set
this Act, for the purpose of handover or takeover of gas for customers
for which provides transport, for reasons of ensuring
balance between the amount of gas entering to the gas system and the amount
gas exiting from the gas system,

C) establish and operate its own telecommunications network for control, measurement and automation
security of the gas system and transfer
information for the operation of computers and information systems

D) in accordance with the conditions laid down by the zoning decisions and building permits
establish and operate on foreign real estate
gas equipment

E) enter and drive on foreign real estate in connection with the establishment,
reconstruction, repair and operation of the transmission system

F) remove and cut back trees and other vegetation, carry out the liquidation
deleted and truncated trees and other vegetation endangering
safe and reliable operation of the transmission system, where so after
prior notification done by the owner or user

G) enter in accordance with specific regulations into confined spaces and
equipment used to perform the activities and services of the Ministry
Defense, Ministry of Interior, Ministry of Justice, Security and Information Service
into the circuit path, as and enter into real estate,

Where there are special facilities for telecommunications in the extent and manner
necessary for the performance of licensed activities

H) during states of emergency use to the extent necessary gas facilities
customers for which transports gas

I) restrict or suspend transport or supply of gas concluded by
contract in the following cases:

First imminent danger to life, health or property of persons and during
of these situations,

Second during emergency situations or during activities directly preventing their occurrence
,

Third when performing planned reconstructions and planned repairs
transmission system equipment,

Fourth the creation and elimination of failures of transmission system equipment,

Fifth when gas sampling devices, which endanger the lives, health or property of persons
,

6th when unauthorized gas consumption or unauthorized gas transmission,

7th in cases specified by the contract of carriage,

J) to buy and sell gas to cover losses in the transmission system or
for own consumption or for the purpose of ensuring a balance between the amount
gas entering and leaving the gas system in accordance with
Gas Market Rules; this is not considered gas trade.

(2) The transmission system operator is obliged to establish an easement
allowing the use of foreign real estate or part thereof for the purposes referred to in paragraph 1
point. d) and a contract with the owner of the property; if
that the owner is unknown or intended or because it is demonstrably
unreachable or inactive, or no agreement with him, the competent
Building Authority on a proposal TSO decision on establishing the right
proof.

(3) where the owner or lessee of the property as a result of the exercise of rights
transmission system operator pursuant to paragraph 1. c) to h)
property damage, or if it is limited to the normal use of the property, has
entitled to compensation lump-5), including the costs of developing
expert opinion. Right to this reimbursement must be filed with
TSO, which caused property damage or
restrictions on use of the property within 6 months from the date when the owners'
tenant or learned.

(4) In the cases referred to in paragraph 1. c) to h), the operator of the transmission system
obliged to conserve as much as possible the rights of owners of the real estate and
access to their property immediately report them.
After completion of the work is required to bring the property to its previous state, or
if this is not possible due to the nature of work performed, a state
corresponding previous purpose or use of the property concerned and
immediately report this fact real estate owner. After
finish removing or cutting back trees shall at his own expense
to dispose of slash and debris resulting from mining.

(5) In the cases referred to in paragraph 1. i) Point 3, the transmission system
obliged to notify their customers, for which transports gas
start and end restrictions or interruptions of gas, but at least
30 days in advance.

(6) In the cases referred to in paragraph 1. i) the transmission system operator
obliged to restore gas transmission immediately after
eliminate the causes that led to the restriction or interruption.

(7) In the cases referred to in paragraph 1. i) the right to compensation
damages and lost profits is excluded. This does not apply if the operator fails
transmission system notification obligation imposed by paragraph 5.

(8) The TSO is responsible for the settlement of imbalances
amount of gas entering the gas system and exiting from
gas system.

(9) The TSO is also obliged

A) ensure safe and reliable operation of the transmission system,

B) until 31 December 2004 at the request of the protected customers
or DSOs, whose facilities are connected to
transmission system, within the scope of collection of their protected
supply customers on the basis of contracts for regulated prices and
specified quality for each supply point,

C) from 1 January 2005 to conclude a contract for the transportation of gas
licensee of the gas business, which was created by separating
simultaneous transmission license holder and the holder of a license for gas trading under §
58a, in order to ensure the supply of gas to


First protected customers whose sampling devices are connected to the transmission system
,

Second simultaneous holder of a license for gas trading and licenses for operating
gas distribution grid directly connected with
transmission system that ensures gas supply to the protected
customers whose sampling devices are connected directly to the distribution
system,

Third license holder for the gas business, which was created by separating
simultaneous holder of a license for gas trading and distribution license
operating a distribution system directly connected to the transmission system
under § 59a, which supplies gas to protected customers whose | || gas consumption devices are connected to the distribution system
or in the event that a holder of a license for gas trading
arose with another holder of a license for gas trading, who
a contractual relationship with the relevant distribution license holder
gas supplies gas to protected customers whose gas consumption
devices are connected to the distribution system

D) ensure transportation of gas under contracts concluded in writing,

E) to connect to the transmission system, anyone who applies for it and meets the connection conditions set
Rules traffic

F) ensure equal conditions for allowing access to
transmission system under the conditions stipulated by this law; Details
establish operating rules, gas market rules and conditions laid down
Order TSO

G) provide distribution system operators, with which its system is interconnected
, information necessary to ensure mutual
operability of systems

H) comply with the parameters and publish quality indicators
gas supplies and related services specified in an implementing regulation,

I) process and transmit data to the Energy Regulatory Office
needed for decisions on prices for gas transmission and data necessary for
decision on prices for the supply of gas to protected customers

J) keep separate accounts for gas transmission and gas supply to protected customers
, for regulatory purposes by implementing legal
regulation

A) complete a daily, monthly, annual and five-year distribution
system, evaluate it and pass the Balance Centre,

L) to develop, within 6 months after the grant of a license to transport gas
emergency plan of the transmission system, and send it to the Ministry annually
specify it,

M) notified in advance of market participants, whose
gas facilities are directly connected to the transmission system,
scope and terms of downtime for the gas transmission and highlighting
expected reduction of transmission capacity

N) establish and operate a technical dispatching center, which is responsible for
dispatching control of the transmission system and follows the dispatch order
gas system of the Czech Republic,

O) to establish and maintain places for monitoring gas quality

P) to create the technical conditions for securing gas imports from various sources
,

Q) declare a state of emergency on the gas system of the Czech Republic or
the transmission system equipment,

R) manage the gas system of the Czech Republic for a state of emergency

S) to ensure the safeguarding of having the nature of commercial secrets
that gets in its performance, including ensuring the protection of data transmitted
Balance Centre,

T) annually to process and publish the anticipated development of the transmission system
including connections to gas systems neighboring countries
for a period of at least 5 years

U) prepare and submit to the Energy Regulatory Office for approval
Order TSO and ensure its
publication

V) to refuse access to the transmission system or a loose accumulation

First in cases that are contrary to the Rules traffic, Market Rules
gas or the transmission system operator;
denial of access shall be in writing and must be justified

Second Based on the Ministry's decision in cases specified in § 75;
Denial of access shall be in writing and must be justified

Third based on the decision of the Energy Regulatory Office in cases
specified in § 61a; denial of access shall be in writing and must

Be justified

X) develop an emergency plan for the gas system, every year it
update and submit to the Ministry,

Y) prepare and transmit to the Ministry and the Energy Regulatory Office
annually, no later than March 1 of the following calendar
year, a report on the quality and maintenance of transmission system equipment. ".

182 . Under § 58 the following § 58a is added:

"§ 58a

Department TSO

(1) The transmission system is part of a vertically integrated gas undertaking
must be from 1 January 2006
of its legal form, organization and decision
independent of other activities not related to transportation , storage and distribution of gas.
This requirement is not a requirement for separation of property ownership.

(2) To ensure the independence of transmission system operators as
paragraph 1 from 1 January 2006 will apply the following minimum criteria:

A) those persons responsible for the management of the transmission system operator shall not
directly or indirectly involved in the organizational structures
vertically integrated gas undertaking that is responsible, directly or indirectly
for the normal operation of gas production or trade
gas or electricity; statutory body or its member, proxy or senior employee
TSO can not be
natural person who is simultaneously a statutory body or its member
proxy or senior employee of the licensee to produce gas or shop
gas or electricity, which is part of the same
vertically integrated gas undertaking,

B) they must be taken all appropriate measures to ensure that the professional interests
statutory body or its member, proxy or
senior staff responsible for the management of the transmission system operator
been taken into account in a manner that ensures their independent behavior ;
Statutory body or its member, proxy or senior manager
TSO shall not receive any remuneration or other property performance from
license holders for gas production or trade
gas or electricity within the same vertically integrated
gas businesses; remuneration of the statutory body or its member
, clerk or manager of the transmission system
not be dependent on the economic results achieved
such other license holders within the same vertically integrated gas
entrepreneurs

C) the transmission system operator must dispose of real
decision-making rights with respect to assets necessary to operate, maintain and develop
transmission system whose performance is independent
vertically integrated gas business;
parent company may not grant the TSO
any instructions regarding the routine operation and maintenance of the transmission system, and also not
any other way interfere with decisions regarding construction or modernization
parts of the transmission system, if such a decision is not
framework of the approved financial plan, or other similar instrument;
thus not affect the authority of the parent company to approve the annual financial
plan or another similar instrument TSO and
approve its maximum debt limits.

(3) The TSO must adopt internal regulations
program, which provides

) Measures to eliminate discriminatory behavior in relation to other
gas market participants, especially as regards access to him
operated by the transmission system and use its services

B) rules for disclosing information about the operation and development
transmission system and access to it; information the provision
only certain gas market participants, these participants could
advantage over others, the transmission system operator is obliged to disclose
disadvantaging manner to other market participants
gas.

(4) The transmission system operator is obliged to inform
statutory body or its members, proxies and all employees with the program
pursuant to paragraph 3 and to ensure compliance monitoring.
Transmission system operator is obliged to change his program and pass
Energy Regulatory Office and the Ministry without undue delay after their

Acceptance and to publish in a manner allowing remote access.
TSO processed annually report on the measures taken
and program performance over the past year, sends it to
April 30 of the following calendar year, the Energy Regulatory Office and the Ministry
and also publish in a manner allowing remote access.

(5) The statutory body or its member, proxy or senior employee
TSO shall from 1 January 2006
acquire or hold shares in another legal entity within the same
integrated gas undertaking, which it is licensed to
gas production, gas distribution and trading of gas or electricity.
If a natural person covered by the prohibition under this paragraph
already holds such a share is obliged to January 1, 2006 to sell or otherwise dispose
least a part of its share to continue to hold share, || | whose amount does not exceed 1% of the share capital of the license holder.

(6) From 1 January 2006 the TSO must also
conclude control agreements over management of another license holder
gas production or trade of gas or electricity even in such a proceeding under
already closed control agreements continue.

(7) If there is an obligation to separate the activities conducted under this Act
lease of the company or its part, the lessee is obliged to take over leased
business or part of it in their accounts. If the department
obligation hereunder made tenancy of individual assets is
landlord must notify the tenant information about the value of the leased property
the extent required by the Energy Regulatory Office for price regulation
.

(8) The possibility of inclusion of provable minimum justified costs incurred
licensees to transport gas in connection with the fulfillment of obligations
department TSO in regulated prices
may decide Energy Regulatory Office. ". || |
183rd in § 59 para. 1 a) and b) are added:

"a) to refuse access to the distribution system on the basis of demonstrable
lack of spare capacity, except in cases relating to the
capacity of the distribution system, which was used for the purpose of securing supplies concerned
eligible customer in the last year, when the customer
protected as specified by the customer himself or through his authorized
gas trader on the other
use show continued interest in applying for contracts for
distribution, namely:

First within 30 days of the effective date of this Act with customers
who will become eligible customers from 1 January 2005

Second at least 30 days before the date on which they become eligible for customers
who will become eligible customers from 1 January 2006 or 1 January
2007

Third at least 30 days before the date when they expire their
contract for distribution to all eligible customers

B) access to underground gas storage facilities under the conditions laid down in this Act for
gas storage for the needs
cover losses in the distribution system and for its own purposes. "

184th in § 59 paragraph. 1 point. e) after the word "establishment," the words
"reconstruction, repair."

185th in § 59 para. 1 point. i) point 3, the word "reconstruction "
inserted the word" realignment. "

186th in § 59 para. 1 point. i) section 6 of the word" recall "the words
" or unauthorized distribution. "

187th in § 59 para. 1 point. i) the following point 7 is added:

"7. in cases specified distribution agreement. "

188th In § 59 at the end of paragraph 1 is replaced by a comma and
letters j) to l) are added:

'j) purchase gas for covering losses in the distribution system or
own consumption; this is not considered gas business,

K) until 31 December 2004 for the supply of gas of a specified quality
regulated prices from the TSO when
distribution system is directly connected to the transmission system or the distribution system operator
if
's distribution system is connected only to other distribution system, to the extent
gas supplies to protected customers connected to the distribution system

L) to close the main gas shut-off in averting imminent danger
threat to life, health or property of persons. ".


189th In § 59 paragraph 2 reads:

"(2) The distribution system operator is obliged to establish an easement
allowing the use of foreign real estate or part thereof for the purposes referred to in paragraph 1
point. D), e), and a contract with the property owner, in
if the owner is unknown or intended or because it is demonstrably
unreachable or inactive, or no agreement with him
issued by the competent civil authority on the proposal of the distribution system
decision easement . '.

190th In § 59 para. 5 the number "15" is replaced by "30" and
at the end of paragraph 5 the following sentence "planned reconstruction, relocation and repairs
in the period from October 1 to April 30 of the following calendar year
can be carried out only after written notification to the affected customers. ".

191st In § 59 par. 7, the words "or unless, in the case referred to in paragraph 1
point. I) point 4 of maintaining the quality of gas provided
implementing regulation" are deleted.

192nd In § 59 paragraph 8 reads:

"(8) The distribution system is also obliged

a) ensure safe and reliable operation of the distribution system in the territory defined
licenses

b) ensure distribution of gas and until 31 December 2004
supplies to protected customers under these contracts at regulated prices and
specified quality, on the basis of a contract for each supply
place

c) of January 1, 2005, unless concurrent licensed to trade
gas to close in order to ensure gas supplies to protected customers
, an agreement on the distribution of

first licensed to trade in gas , which was created by separating
simultaneous holder of a license for gas trading and distribution license
gas under § 59a or in the event that such trading license holder
arose with another holder of a license for gas trading, which
this system, under contract with the distribution license holder
gas supplies gas to protected customers whose gas consumption
devices are connected to the distribution system

Second simultaneous holder of a license for gas trading and distribution license for
gas distribution system operating interconnected with only
it operated a distribution system that supplies gas to protected
customers whose gas consumption equipment is connected to this
system, or in the event that such parallel trading license holder
gas and gas distribution arose, with another license holder
gas business, which of the distribution system, based on
contractual relationship with the relevant holds the license to distribute gas
gas supplies to protected customers whose gas consumption
devices are connected to the distribution system

D) connected to the grid anyone who applies for it and meets the connection conditions set
Rules traffic

E) ensure equal conditions to allow access to the distribution system
under the conditions stipulated by this law;
details are described in the Rules of the gas market and business conditions
established the Order of the distribution system operator

F) comply with parameters and publish quality indicators
gas supplies and related services specified in an implementing regulation,

G) provide the transmission system operator and distribution system operators
with which its system is interconnected, information
necessary to ensure the interoperability of systems

H) providing measurements of the distribution system, including
evaluate and transmit the data necessary for the settlement of imbalances
transmission system operator; details are determined by market rules
gas

I) process and transmit data to the Energy Regulatory Office
needed for decisions on prices for gas distribution

J) process and transmit data to the Energy Regulatory Office
needed for decisions on prices for the supply of gas to protected customers

A) keep separate accounts for gas distribution and supply of gas, and it
for regulatory purposes by the implementing legislation

L) complete a daily, monthly, annual and five-year
distribution system and cover the balance of supplies to protected customers, evaluate it and pass
Balance Centre,

M) to develop, within 6 months after granting the license for gas distribution

Emergency plans for the distribution system, send the ministry a yearly
specify it,

N) notify the scope and terms of the distribution system downtime and
highlighting reduce distribution capacity,

O) establish and operate a technical dispatching center, which is responsible for dispatching
distribution system management and manages the dispatch order
gas system of the Czech Republic,

P) establish and maintain places for monitoring the quality of gas, unless
for monitoring the quality of gas sufficient space
establishment and operation of the transmission system operator

R) to ensure the reliability and quality of supplies to protected customers

S) declare a state of emergency within their distribution system,

T) annually to process and publish the anticipated development
distribution system for a period of at least 5 years

U) at its own cost connect your device to another distribution
system,

V) ensure the protection of facts having the nature of commercial secrets
that gets in its performance, including ensuring the protection of data transmitted
Balance Centre,

X) prepare and submit to the Energy Regulatory Office for approval
distribution system operator and ensure its
publication

S) to refuse access to the distribution system or a loose accumulation

First in cases that are contrary to the Rules traffic, Market Rules
with gas or with the Order of the DSO;
denial of access shall be in writing and must be justified

Second Based on the Ministry's decision in cases specified in § 75;
Denial of access shall be in writing and must be justified

Third based on the decision of the Energy Regulatory Office in cases
specified in § 61a; denial of access shall be in writing and must be justified
,

A) prepare and transmit to the Ministry and the Energy Regulatory Office
annually, no later than March 1 of the following calendar
year, a report on the quality and maintenance of the distribution system. ".

193 . Under § 59 the following § 59a is inserted:

"§ 59a

Department of DSOs

(1) The distribution system if it is part of a vertically integrated gas undertaking
must be from 1 January 2007
of its legal form, organization and decision making independent of other activities not related to
gas distribution, gas transmission and gas storage
. This requirement does not request the department
property ownership.

(2) To ensure the independence of the distribution system by
paragraph 1 from 1 January 2007 will apply the following minimum criteria:

A) those persons responsible for the management of the distribution system
not directly or indirectly participate in the organizational structures
vertically integrated gas undertaking that is responsible, directly or indirectly
for the normal operation of gas production and trade
gas or electricity; statutory body or its member, proxy or
senior employee of the DSO can not be
natural person who is simultaneously a statutory body or its member
proxy or senior employee of the licensee to manufacture
gas trade gas or electricity, which is part of the same
vertically integrated gas undertaking,

B) they must be taken all appropriate measures to ensure that the professional interests
statutory body or its member, proxy or
senior staff responsible for the management of the distribution system
been taken into account in a manner that ensures their independent behavior ;
Statutory body or its member, proxy or senior manager
distribution system operator shall not receive any remuneration or other property performance from
license holders for gas production, gas trading and electricity
within the same vertically integrated gas
entrepreneurs; remuneration of the statutory body or its member, proxy or manager
DSOs
not be dependent on the economic results achieved by such other
license holders within the same vertically integrated gas
entrepreneurs

C) the distribution system operator must have a real

Decision-making rights with respect to assets necessary to operate, maintain and develop
distribution system, whose performance is independent
vertically integrated gas business;
parent company may not grant DSOs
any instructions regarding the routine operation or maintenance of the distribution system, and also
not be any other way interfere with decisions regarding construction or modernization
parts of the distribution system, where such a decision can not
beyond the approved financial plan, or other similar instrument;
This does not affect the authority of the parent company to approve the annual
financial plan or any equivalent instrument, of the distribution system and
approve its maximum debt limits.

(3) The distribution system operator must adopt internal regulations
program, which provides

) Measures to eliminate discriminatory behavior in relation to other
gas market participants, especially as regards access to him
operated distribution system and use its services

B) rules for disclosing information about the operation and development
distribution system and access to it; information the provision
only certain gas market participants, these participants could
advantage over others, the distribution system operator is obliged to disclose
disadvantaging manner other stakeholders
gas market,

C) measures to ensure the organizational and information department
distribution of gas from gas production, gas trading or trade
electricity if it is also a vertically integrated natural gas
entrepreneur, and until the legal department activities pursuant to paragraph 1

(4) The distribution system operator is obliged to inform
statutory body or its members, proxies and all employees with the program
pursuant to paragraph 3 and to ensure compliance monitoring.
Distribution system operator is obliged to change his program and pass
Energy Regulatory Office and the Ministry without undue delay
after its adoption and to publish in a manner allowing remote access
. The distribution system operator is obliged to prepare
annual report on the measures taken and the implementation of the program for the past year
, send it by 30 April of the following calendar year
Energy Regulatory Office and the Ministry and to publish in a manner allowing remote
access.

(5) The distribution system operator shall from 1 January 2007 to hold
shares of another legal person who holds a license to manufacture
gas trade with gas or electricity.

(6) The statutory body or its member, proxy or senior employee
distribution system operator shall from 1 January 2007
hold shares in excess of 1% of the share capital of another legal entity
within the same vertically integrated gas businesses, which
holds the license for the production of gas trade with gas or electricity
.

(7) From 1 January 2007 the DSO conclude
control agreements over management of another license holder
gas production, gas trading and electricity even in such proceedings already concluded by
control agreements continue.

(8) If there is an obligation to separate the activities conducted under this Act
lease of the company or its part, the lessee is obliged to take over leased
business or part of it in their accounts. If the department
obligation hereunder made tenancy of individual assets is
landlord must notify the tenant information about the value of the leased property
the extent required by the Energy Regulatory Office for price regulation
.

(9) Segregation of duties under this Act must be made no later
31 December 2006 off vertically integrated gas
entrepreneurs who provide services for less than 90,000 connected
end customers.

(10) The possibility of inclusion of provable minimum justified costs incurred holder
gas distribution license in connection with the fulfillment of obligations
unbundling of distribution in regulated prices
may decide Energy Regulatory Office.

(11) vertically integrated gas business may apply to the Commission
exemption from unbundling of distribution

Under this Act if it worked on the basis
and the Energy Regulatory Office approved the report proves fully functional and
enjoy non-discriminatory access to its distribution system to all participants
gas market regarding the conditions of access and distribution of gas,
including transparent pricing for the service it provides. ".

194th in § 60 par. 1 point. f) 5 of the word" recall "the words
" or unauthorized storage " and at the end of paragraph 5
period is replaced by a comma and subparagraphs g) to i) are added:

"g) at their own expense to connect its plant to the transmission system or the distribution system
under the conditions laid down by the Rules traffic

H) to refuse access to underground gas storage facility on the basis
demonstrable lack of spare capacity, except in cases
relating to that part of the capacity of underground gas storage facility, which was used for the needs
ensure the supply in question authorized | || customer in the last year, when the customer protected if
said customer or by his authorized dealer
gas for its further use show continued interest in applying for
contract for gas storage, and namely:

First within 30 days of the effective date of this Act with customers
who will become eligible customers from 1 January 2005

Second at least 30 days before the date on which they become eligible for customers
who will become eligible customers from 1 January 2006 or 1 January
2007

Third at least 30 days before the date when they expire their
contracts for gas storage for all eligible customers

I) purchase gas to cover its own losses in the underground gas storage
or for their own consumption or for the purpose of creating and maintaining basic
filling underground gas storage facility; this is not considered trade
gas. ".

195th In § 60 paragraph 2 reads:

" (2) If it is not possible written agreement with the property owner to ensure
location of underground gas storage facilities at its
property because the owner of the property concerned is not known or is not
intended or because it is demonstrably unattainable or idle or
no agreement with him, the relevant planning authority will issue the proposal | || SSO decision on establishing the right
burden allowing the use of the property or part thereof for the purpose
referred to in paragraph 1. b). ".

196th in § 60 par. 5, the words" 15 days "is replaced by" 30 days ".

197th in § 60 paragraph 8 reads:

"(8) the underground gas storage is also obliged

A) ensure safe and reliable operation of underground gas storage

B) to ensure that gas storage based on contracts,

C) provide the operator of the transmission or the distribution
system on which its facilities for gas storage watered
information necessary to ensure inter-operability,

D) ensure measuring the quantity delivered and taken gas
and transmit the data necessary for the settlement of imbalances by transmission system operators;
Details are determined gas market rules,

E) to keep separate accounts for gas storage, for regulatory purposes
by implementing legislation

F) complete a daily, monthly, annual and five-year capacity and performance
UGS, evaluate it and pass
Balance Centre,

G) develop within 6 months after granting licenses to gas storage
emergency plan for an underground gas storage facility under this Act
send it to the Ministry and annually specify,

H) to publish the scope and terms of equipment outages
gas storage and highlighting the expected reduction of storage capacity,

I) establish and operate a technical dispatching center, which is responsible for dispatching control
underground gas reservoir and follow the dispatcher's order
gas system of the Czech Republic,

J) to provide access to underground gas storage
under the conditions prescribed by this Act; details are provided in the Market Rules
gas business conditions laid down by the Order operator
underground gas storage

K) to declare a state of emergency within the underground gas storage

L) annually to process and publish the anticipated development of the underground

Tank of gas for a period of at least 5 years

M) to ensure the safeguarding of having the nature of commercial secrets
that gets in its performance, including ensuring the protection of data transmitted
Balance Centre,

N) to refuse access to underground gas storage

First in cases that are contrary to the Rules or Rules
operation of the gas market and the Order of the SSO;
Denial of access shall be in writing and must be justified

Second Based on the Ministry's decision in cases specified in § 75;
Denial of access shall be in writing and must be justified

Third based on the decision of the Energy Regulatory Office in cases
specified in § 61a; denial of access shall be in writing and must be justified
,

O) Order process SSO and ensure
its publication

P) process and transmit Ministry and the Energy Regulatory Office
annually, no later than March 1 of the following calendar
year, a report on the quality and maintenance of underground storage facilities
gas

Q) comply with parameters and publish quality indicators
gas supplies and related services stipulated by the implementing legal regulation. ".

198th § 61 reads:

" § 61

Gas trader

(1) The gas trader has the right

A) purchase gas and sell it to other gas market participants, with the exception
protected customers; This exemption ends on 1 January 2005

B) the supply of gas at regulated prices for supplies to protected
customers

C) the transmission, distribution and storage of the agreed quantity of gas
if it has to be closed to written agreements with the relevant
operators

D) access to the transmission system, distribution systems and underground gas storage
or loose accumulation of gas under the conditions set
this Act provided that it has entered into a written agreement, which is subject
gas supplies ; details are determined gas market rules,
Order TSO and operators' codes
distribution system and a number SSOs,

E) the cessation or interruption due to unauthorized consumption of gas.

(2) The gas trader is obliged

A) abide by the rules of operation and the Gas Market Rules, Regulations dispatcher
gas system of the Czech Republic, Order
transmission system operators, distribution system operators Orders and Orders
SSOs,

B) complete a daily, monthly, annual and five-year concerning
gas trade, including data on exports of gas from the Czech Republic
and gas imports to the Czech Republic, citing the sources of gas
evaluate them and communicate Balance Centre,

C) to abide by the declaration of the state of emergency dispatching instructions
respective operators

D) to observe the balance between the amount of gas entering the gas
system and the amount of gas while the gas system
acting; provides details Gas Market Rules, Regulations
TSO operators' codes
respective distribution system and a number SSOs,

E) ensure that final customers, which supplies gas, its
safe and reliable supply in compliance with the safety standards laid down
implementing regulation,

F) provide the transmission system operator, the operator of the respective
distribution system operator UGS
information necessary to ensure safe and reliable operation
gas system

G) warn households and small entrepreneurs who under contract
supplies gas, intention to change the terms and conditions of supply and introduce the changes
proposal not later than one month before the date on which the changes | || terms and conditions should apply,

H) process and transmit data to the Energy Regulatory Office
needed for decisions on prices for the supply of gas to protected customers
or for the supply of last resort

I) maintain separate accounts for the supply of gas to eligible customers,
protected customers and supply of gas last resort

J) comply with parameters and publish quality indicators and gas supplies

Related services prescribed by the implementing regulation.

(3) The holder of a license for gas trading, which was created by separating
simultaneous transmission license holder and gas license holders
gas trade under § 58a shall deliver from 1 January 2005 gas || | at prices regulated by the Energy regulatory Office

A) protected customers whose gas consumption
devices are connected to the transmission system,

B) simultaneously hold a license for gas trading and licenses for the operating
gas distribution grid directly connected with
transmission system that supplies gas to protected customers whose gas consumption
devices are connected to this distribution system,

C) hold a license for gas trading, which was created pursuant to § 59a
department simultaneous holder of a license for gas trading and licenses for operating
gas distribution grid directly connected with
transmission system that supplies gas to protected customers whose gas consumption
devices are connected to the distribution system
or in the event that such co-holder of a license for gas trading and gas distribution
arose, another holder of a license for gas trading,
which the respective system, under contract with the respective
distribution license holder, supplies gas to protected customers
whose gas consumption equipment is connected to the distribution system
.

(4) Licensee gas business, which is parallel holds
gas distribution license shall deliver from 1 January 2005
gas at prices regulated by the Energy Regulatory Office

A) protected customers whose gas consumption
devices are connected to the distribution system

B) simultaneously hold a license for gas trading and
license for the distribution of gas, operating an interconnected grid with only
this distribution system and delivering gas to protected customers
whose gas consumption equipment is connected to this
distribution system, or in the event that a concurrent license holder
gas trading and distribution of gas arose, another license holder
gas business, which under contract with the respective license holder
the distribution of gas supplies gas to protected customers
whose gas consumption equipment is connected to the distribution system
.

(5) The holder of a license for gas trading, which
based on a contractual relationship with the appropriate distribution license holder of gas supplies from 1 January 2005
gas to protected customers whose gas consumption devices are connected
this distribution system is required to ensure that
supply at prices regulated by the Energy regulatory Office. ".

199th under § 61 the following § 61a is inserted:

" § 61a

Temporary suspension of the obligation to allow third party access

(1) may, if gas traders as a result of applying the provisions of this Act
concerning the obligations of the licensee to produce gas,
gas transmission, gas distribution, gas storage, and allow access of third
parties to the device on which it carries on licensed activities
rise to serious economic problems which have their origin in the concluded
contract, in which a gas trader undertakes to pay the contracted amount of gas
regardless of whether it is actually went (hereinafter
"take-or-pay contract"), is entitled to submit to the Energy regulatory Office
request for a decision on the temporary suspension of the obligation
TSO, DSOs,
SSO gas or manufacturer
allow access by third parties to the transmission system, distribution system
underground gas storage or gas extraction (hereinafter referred to as "temporary suspension
").

(2) A written request for a temporary suspension must contain

A) business name or corporate name, its headquarters,
identification number, if assigned, and data on its statutory authority to physical persons
name, or business name, personal identification number and
identification number, if assigned, or date of birth, and
residence

B) identification device or destination specified territory for which extradition is
decision to temporarily suspend the required extent to which it is for

Designated facility or restricted area of ​​the decision on the temporary suspension
required and desired validity of the decision on the temporary suspension
,

C) a certified copy of the relevant contract take-or-pay,

D) specification of economic and financial problems that an applicant for a temporary suspension
arise or could arise from the contract
take-or-pay,

E) a description of the steps that an applicant for temporary suspension did
before submitting an application to reduce or avert the danger of economic and financial
problems arising for it or might result from the contract
take-or-pay .

(3) The applicant for a temporary suspension shall submit to the Energy Regulatory Office
written request in accordance with paragraph 2 no later than four months before the desired date
application of the temporary suspension. For each contract
take-or-pay the Energy Regulatory Office after examining the request
decide to temporarily suspend only once. If problems
however, or if they develop severe economic or financial difficulties
different nature, which have their origin in the same take-or-pay contract for
which has been granted temporary suspension, the Energy Regulatory
Authority may decide to temporarily suspend the contract for a take-or-pay
several times.

(4) granting a temporary suspension is not a legal right.
The Energy Regulatory Office shall take into account when considering an application each of the following criteria:

A) under the National Energy Policy,

B) the seriousness of the economic and financial difficulties which the applicant for temporary suspension
facing

C) the aim of achieving a competitive environment in the gas market in the Czech Republic
, actual state of competition in this market and influence
that a possible decision on the temporary suspension had on the opening
gas market Czech Republic

D) the person requesting the temporary suspension of the natural gas market

E) the date of signature and terms of the contracts in question take or pay contract, including
extent to which this contract is mindful of the possible changes in the gas market in
Czech Republic

F) the steps an applicant for temporary suspension leading to avert the danger of
economic and financial problems arising from the contract
take-or-pay,

G) the extent to which the time of conclusion of the contract take-or-pay could
applicant for temporary suspension expected to cause significant economic
or financial problems arising from it

H) the level of technical and functional connection between the system concerned or
underground gas storage or production pipeline with other parts
gas system of the Czech Republic,

I) the opinions of the ministries, the Office for Protection of Competition and
operators affected systems and underground gas storage facilities, pipelines and mining
who are excludable parties to the administrative proceedings in the case
temporary suspension.

(5) The decision on granting a temporary suspension shall take the form of administrative
decision and shall include in particular:

A) business name or corporate name, its headquarters,
identification number, if assigned, and data on its statutory authority to physical persons
name or business name, personal identification number and identification
number, if assigned, or date of birth, and place of residence,

B) the duration of the temporary suspension

C) the scope of application of the temporary suspension

D) the justification for the temporary suspension.

(6) The decision on granting temporary suspension
Announces Energy Regulatory Office parties and the Commission.

(7) If the Commission within 8 weeks of receiving the decision on granting
temporary suspension of its modification or repeal the Energy Regulatory Office
a decision granting temporary suspension or revoke
change. When you cancel or change decisions, the Energy Regulatory Office
that the rights acquired in good faith was the least affected. ".

200th In § 62 at the end of paragraph 1 is replaced by a comma and
letters e) to g), added:

"e) access to the transmission system, distribution system
underground gas storage facilities, and free storage under the conditions laid down by
law details provides gas market rules, Code of
transmission system or series of DSOs or

Orders SSOs,

F) in the case of small customers and domestic gas supply in quality
set by the implementing legislation for regulated prices from suppliers
last resort in the event that requests it,

G) free change of gas supplier; details are determined by market rules
gas. ".

two hundred and first in § 62 paragraph. 2 point. f) the words" Central gas
dispatching information on the technical parts of contracts "are replaced by" Balance | || center monthly data on gas supplies in the event that it provides itself
including gas import from abroad. "

202nd in § 62 paragraph. 2 at the end of letter g) is replaced by a comma and
words "and in the event of a fault this without undue delay
removed."

203rd in § 62 at the end of paragraph 2 is replaced by a comma and || | letters h), i) and j) are added:

"h) to follow the rules of operation, the gas market Rules, Regulations dispatcher
gas system of the Czech Republic, the order of the transmission system operator or
orders DSOs or
orders SSOs,

I) the reconstruction of the distribution system, including connections to respect
new connection set
respective distribution system, including changing the location of the main gas cap and measuring equipment
public places,

J) in the event that the gas supply to itself and is not a household or small
customers
provide the transmission system, distribution system operators or operators of underground gas storage
information necessary to ensure safe | || and reliable operation of the gas system; provides details
gas market rules. ".

204th In § 62, the following paragraphs 3-5 are added:

" (3) eligible customers who exercises his right and changes
gas supplier is obliged

A) Balance Centre to report any change of the gas supplier;
details of the implementing legislation,

B) if the gas itself procures, follow
balance between the amount of gas entering the gas system and the same quantity of gas from the gas system
acting; details are determined by market rules
gas Order TSO operators' codes
distribution system and a number SSOs.

(4) The owner of that property, in which eligible customers in this property
gas is supplied under the contract shall

A) that the supply of eligible customers allow

B) maintain the common gas supply equipment used for this shipment
in a condition that meets the legal requirements, technical standards and technical rules
and enables secure and reliable gas supply
so as to not cause threat life, health or property of persons and
in the event of a fault that removed immediately;
principles of technical rules in the implementing legislation,

C) allow the competent distribution system operator access
this offtake facility.

(5) Common gas supply equipment for gas supply in one
property is part of this property. ".

205th in § 63 para. 1 at the end of the text of letter b) the words" ;
into the 31st December 2004 is the supply of protected customers
implemented on the basis of the license for gas transmission or gas distribution license and the
first January 2005 is carried out under license to trade in gas. "

206th in § 63 para. 2 point a) is deleted.

existing letters b), c) and d) are denoted as letters a), b) and c).

207th in § 63 para. 2 at the end of the text of letter b) the words "and in case of failure detection
this without undue delay to eliminate". | ||
208th In § 63, at the end of paragraph 2 is replaced by a comma and
letter d), which reads:

"d) the reconstruction of the distribution system, including connections to respect
new connection set
respective distribution system, including changing the location of the main gas cap and measuring equipment
public places; reconstruction costs are paid by the
who caused it. ".

209th in § 63 para. 3 at the end of the text of letter b) the words" and
technical rules and enables secure and reliable gas supply

So that did not cause danger to life, health or property of persons and
in the event of a fault immediately rectify this. "

210th § 64, including footnote no. 10a) reads: | ||
"§ 64

Gas dispatching and Balance Center

(1) Monitoring the planning, production, supply and consumption of gas, capacity and performance
transmission and distribution systems and underground gas storage
, free storage and processing in the form
summary of the gas system ensures balancing Centre.

(2) Balance Centre are required to produce the transmission
system, SSOs and the operators of those
distribution system for the distribution system are connected
gas consumption equipment, more than 90 000 customers.
Balance Center is a legal entity for whose creation and termination shall apply mutatis mutandis
relevant provisions of the Civil Code-10a) that
members of the association can be natural persons.

(3) Balance Centre

A) monitor supply planning, and capacity of the gas system,

B) prepared on the basis of daily, monthly, annual and five-year
balances on transportation, distribution, manufacture, supply, gas storage
TSO, SSO
gas producers and gas traders , gas suppliers and our own analysis
overall balance of the gas system and its evaluation and
forwards them to the Ministry and the Energy regulatory Office;
while the gas system publishes

C) prepare statistics on imports of gas from abroad and export to
abroad

D) handles the statistics of eligible customers who had changed
gas supplier.

(4) Balance Centre has the right to require

A) of entrepreneurs from gas and gas traders balance
according to paragraph 3. b) including the evaluation

B) of eligible customers information about changes to gas suppliers

C) of gas entrepreneurs once or twice a year substrates for processing
control the clock reading and gas consumption
system.

(5) Balance Centre is obliged

A) ensure the protection of facts having the nature of commercial secrets

B) provide upon request of the Ministry or the Energy Regulatory Office
information necessary for the exercise of their rights and obligations
under this Act

C) inform the ministry at least once a month on gas imports
Czech Republic and gas exports from the Czech Republic, including resources
gas

D) processed and transmitted by the Ministry least a monthly report on
of the gas system.

(6) Details of sheet activity centers, including the content
transferred and readmitted balance in the implementing legislation.

(7) The balance between supply and consumption of gas and the safe and reliable operation of the gas system
provide dispatching gas
entrepreneurs.

(8) Gas Dispatching entrepreneurs are obliged to mutually cooperate
by dispatching the order of the gas system
Czech Republic.

(9) During a state of emergency throughout the state according to § 73
and activities directly preventing their emergence as guidelines dispatching
TSO dispatching instructions supercede
DSOs and operators of underground storage tanks
and dispatching.

10a) § 20f et seq. Civil Code. ".

211th in § 65 par. 1, after the word" system "the words" or
gas production. "

212th in § 65 par. 2 the words "supplier and eligible customers are entitled
" are replaced by "authorized customer is entitled"
and the word "them" before the word "him".

213th in § 65 par. 3 at the end of the text of letter b) the words "and
gas market Rules."

214th in § 65 par. 3 point. e) the words "gas
Central dispatching" is replaced "Balance Centre."

215th in § 66 paragraph 1 reads:

"(1) pipe connection must be established and operated in accordance with the contract
connection with operational rules. . "

216th In § 66 at the end of paragraph 2 dot deleted and the words
" if no other agreement. The owner of the connections is the one who paid
costs for its establishment. ".

217th In § 67 at the end of paragraph 2 is replaced by a comma and a

Letter e), added:

"E) tanks of liquefied natural gas by volume of more than 10 m3.".

218th In § 67 para. 6 letter a) reads:

") The business name or corporate name, its headquarters,
identification number, if assigned, and data on its statutory
authority for natural persons name or business name, birth || | number and identification number, if assigned, or date of birth and residence
".

219th In § 67 para. 6 point. e) after the word "responsible", the words ",
if so determined by special legislation," a reference to the footnote below
fn. 9) is repealed.

220th In § 67, after paragraph 6 the following paragraph 7 is added:

"(7) In exceptional cases where the selected gas equipment
increases the safety and reliability of gas supplies and the danger of serious
economic or financial problems associated with the construction of this facility
is such that its construction It could not be implemented under
conditions that prices for gas distribution, gas transmission charges
final customers in the Czech Republic must be regulated by the Energy regulatory Office
, the applicant for authorization of his application in accordance with paragraph 6
supplemented by temporary removal of the selected operator
gas facilities from the obligation to allow the gas to the affected device access
third parties at regulated prices (hereinafter referred to as "temporary removal"). Adding
application must include:

a) a detailed description of the benefits of selected gas equipment
to increase the safety and reliability of gas supply

b) specify the economic or financial problems for applicants
resulting from the construction of selected gas equipment
| || c) the duration and extent of temporary removal,

D) a statement of the Energy Regulatory Office and the Office for the Protection of Competition
who are excludable parties;
Office for the Protection of Competition reflects the actual situation
competition in the gas market in the Czech Republic and the impact that
would it be possible decision on the temporary removal,

E) if it is a gas pipeline connecting the gas system
abroad, opinion of the competent government authority of the State
.. "

Former paragraphs 7 to 13 are renumbered 8 to 14

221st in § 67 para. 10, after the word "promptly" the word "writing" and
word "application" is replaced by "decision."

222, § 67, para. 11 letter a) reads:

") the business name or corporate name, its headquarters,
identification number, if assigned, and data on its statutory || | authority to an individual name or company name, birth
number and identification number, if assigned, or date of birth and residence
".

223rd in § 67 at the end of paragraph 11 is replaced by a comma and
point f) is added:

"f) the duration of the temporary removal in the event that such a request was submitted
.."

224th in § 67 paragraph 12 reads:

"(12) The Ministry keeps records of authorizations granted. If
granted authorization for construction of selected gas equipment applicant
who asked for temporary removal, the Ministry is obliged to announce his decision
including the required information relating to the request
Commission. Asks the Commission within three months from the date of receipt of the decision to grant authorization
its abolition, the ministry of such a decision on the issue of authorization
canceled. When canceling ensure that the rights acquired in good faith
, was the least affected. ".

225th In § 68 at the end of paragraph 1 the sentence" protective zone created
effective date final zoning decision. ".

226th in § 68 paragraph 6 reads:

" (6) Where the technical and security conditions allow and if no
life-threatening, health or safety of persons may
natural or legal person responsible for the relevant gas system or
underground gas storage or direct pipeline or gas connection
grant written consent to construction activities, placing structures
earthwork, establishing landfills and storage of the material
protection zone. Agreement, which must contain the conditions under which it was granted
is attached to the proposal for zoning or an application for a building permit
; building authority approval criteria not reviewed. ".


227th In § 69 at the end of paragraph 1 the phrase "security zone formed
effective date of the zoning decision.".

228th § 71 reads:

"§ 71



Measurement (1) Natural gas is measured by a measuring device.

(2) The operator of the transmission system operators and distribution system operators are obliged
equip all end customers whose supply
gas facility is connected to the system operated by them,
measuring device. for eligible customers is detected and waveform measurements.

(3) the operator of the transmission system operators and distribution
systems are required by 31 December 2004 to equip all end
customers whose gas consumption equipment is connected to them
operated system and the gas consumption at the respective offtake
place was in the previous calendar year exceed 15 mil. m3
continuous metering with remote data transmission.

(4) the operator of the transmission system operators and distribution system operators are obliged
until 31 December 2005 to equip all end
customers whose gas consumption equipment is connected to them
operated system and the gas consumption at the respective offtake
place was in the previous calendar year more than 400 thousand. m3
continuous metering.

(5) all customers, except households, have the right to ask the relevant
the transmission or distribution system
to be equipped with continuous metering with remote data transmission or
continuous metering. Respective system operator is obliged their
grant an extension if it is technically possible. However, if not
end customers referred to in paragraph 3 in the case of continuous metering with remote data transmission
or end customers referred to in paragraph 4
case of continuous metering, end customers are required to pay the appropriate
operator equipment costs to the measurement.

(6) Measuring equipment and its installation must be in accordance with the Rules
operation.

(7) The manufacturers and end customers, and SSOs
gas are obliged to adjust their cargo supply point for installation
measuring device in accordance with the Rules of operation
after prior consultation with the relevant transmission system operator or
operator of a distribution system to which they are connected.

(8) Any intervention in the metering device without the consent of
TSO or DSO
system to which the measuring device is connected, is prohibited.

(9) manufacturers, end customers, and SSOs
gas are obliged to enable the transmission system operator and distribution system operator
anytime access to the metering equipment
for inspection, reading, maintenance, replacement or
removal of the measuring device.

(10) The transmission system operator or distribution system
individual has the right part of the device
secure against tampering. Where the customer breaches the measuring device
or collateral, shall immediately notify the operator
transmission system operator or the respective distribution system.

(11) The transmission system operator or distribution system
at the expense of the manufacturer or an authorized customer service
UGS provides installation
its own measuring device at his own expense and keeps it regularly verifies the correctness || | measurement.

(12) If the producer, the end customer or the operator of the underground gas storage
doubts the accuracy of the measurements or find fault
on the device, has the right to have it checked.
Transmission system operator or the respective distribution system operator is obliged
upon written request of the manufacturer, the end customer or
SSO within 15 days of its receipt
replace the measuring device or provide verification of measurement accuracy.

(13) If the measuring equipment fault is detected, the costs associated with its
checking and verifying the correctness of measuring the transmission
system operator or the respective distribution system. Unless
defect is detected, these costs are borne by the manufacturer or end customer

Operator of underground gas storage.

(14) Natural gas measured by the operator to the customer protected system to
which gas supply equipment of the customer connected, self
measuring device provides at his cost installation, wiring and
regular maintenance and verification measurement accuracy.

(15) In case of failure of the measuring device to determine the amount collected by the Rules
gas operations.

(16) The gas supply equipment through which unmetered gas
not make any interventions without the prior written consent
respective distribution system operator.

(17) For eligible customers whose annual gas consumption in one
offtake point does not exceed 400 thousand. m3 is the timing measurements, if not installed
continuous metering, replaced by a type diagram
supply. Details determining the type diagram deliveries and rules
assign it to the final customer provides gas market rules. ".

229th § 72 reads:

" § 72

Contracts between gas market participants

(1) gas supply agreement commits the supplier to deliver another
gas market participants gas, defined by the amount, timing
off gas or chart type, and that other market participant
the gas agrees to pay the agreed price, or the price
regulated, if it is a protected customer or end customer using
supplier of last resort.
Contract for the supply of gas should also contain the method of payment for consumed gas
duration of the contract, the conditions for withdrawal, suspension or termination
gas supply method of dispute resolution, the method of measuring the collected gas and
consent of the owner of the property concerned if it is a newly established
consumption equipment. An integral part of the gas supply agreement
households and small customers are approved terms and conditions.

(2) agreement on bundled gas supply services commits
manufacturer or a gas trader supplying gas and ensure its own name and for its own account
gas transmission, gas distribution, gas storage and eligible customers
undertakes to pay the agreed price.

(3) the connection agreement commits the TSO,
distribution system or underground gas storage
connect to the transmission or distribution system or underground gas storage facility
manufacturer, operator of another distribution system, || | underground gas storage operator or an end customer and
allow the gas supply; manufacturer, operator of another distribution system,
storage system operator or the end user is
agrees to pay his share of the eligible costs of the connection.
Contract shall include the conditions for connecting devices, precise identification of
equipment, time and place of connection.

(4) contract for gas to final customers in the Czech Republic undertakes
TSO to deliver
producer gas trader or eligible customer in the Czech Republic
agreed amount of gas and manufacturer, gas trader or
eligible customer in the Czech Republic agrees to pay for it
regulated price.

(5) gas distribution agreement commits the distribution
transport system manufacturers, gas trader or authorized
customer agreed quantity of gas; manufacturer, trader with gas or
eligible customer agrees to pay for it regulated price.

(6) Contract on gas storage operator undertakes
underground gas storage facility to store the transmission or distribution system
, gas trader or eligible customer
agreed quantity of gas at the agreed time and the transmission or | || distribution system, a gas trader or eligible customer is
undertakes to pay for the storage of the contractual price.

(7) Details of the contracting states gas market rules. ".

230th in § 73 para. 1 introductory part of the sentence reads:" The situation
immediately preceding states of emergency or a state of emergency, state, which originated in
gas system or its part as a result. "

231st in § 73 para. 1, at the end of paragraph e) is replaced by a comma and the following point
f), which reads:

'f) compromising the integrity of the gas system, its safety and reliability
.. "


232 interface. In § 73 par. 3, after the words "distribution system" the words
"or underground gas storage or gas production" and the words
"is writing" shall be inserted the word "immediately".

23.3. In § 73, paragraph 4 the following paragraphs 5 and 6 are added:

"(5) Gas traders who supply gas to final customers and those
end customers, except for households and small customers who
procure gas themselves are the reasons preventing and resolving emergencies || | obliged to ensure security of supply standard set
implementing regulation.

(6) If, as a result of a state of emergency to serious disruption of supply
gas, especially during large accidents, equipment for its production | || transportation, distribution and storage are plynárenští entrepreneurs
whose technical conditions allow it, shall participate in
eliminate accidents and resumption of supply, regardless
contracts concluded between gas market participants. ".

The former paragraphs 5 to 9 shall be renumbered 7 to 11

234th § 74 reads:

"§ 74

unauthorized consumption, unauthorized transportation, unauthorized distribution and gas storage unlawful


(1) unauthorized consumption of gas is

a) subscription without contract for the supply of gas or inconsistent with
signed a contract to supply gas

b) collection with repeated non-payment or non-payment of agreed advance
bill for gas,

c) subscription without measuring device

d) connection or the collection of that part of the equipment through which unmetered
gas

e) sampling and measuring apparatus,

first that does not record collection or collection of records incorrectly to the detriment
gas undertaking or a gas trader due
unauthorized intervention into the measuring device or its components or accessories
,

second that could not be connected respective gas entrepreneur or
whose connections it has not been approved,

third which was violated security against tampering and
was not complied with in accordance with § 71 para. 10

F) sampling in direct connection with encroachment on direct pipeline
or device distribution system, transmission system equipment,
equipment for the production or extraction of gas or equipment for storing
gas.

(2) unauthorized gas transmission is

A) shipments without a contract on gas or inconsistent with
concluded contract on gas transmission

B) procurement for repeated failure to comply with the agreed payment method
gas transmission, including backups.

(3) unauthorized gas distribution is

A) no distribution contract for the distribution of gas or contrary to the contract
gas distribution

B) procurement for repeated failure to comply with the agreed payment method
gas distribution including advances.

(4) Unauthorized gas storage is

A) storage without a contract for gas storage or in conflict with
concluded contract for gas storage,

B) procurement for repeated failure to comply with the agreed method of payment for gas storage
including advances.

(5) An unauthorized collection or unauthorized service, or unauthorized distribution or unauthorized
gas storage customer is obligated to pay
actual damages. If you can not damage incurred demonstrably
determine compensation is calculated according to the Rules of operation. ".

235th § 75 reads:

" § 75

Restrictions on imports and exports of gas

(1) The Ministry may decide to reduce gas imports from abroad
natural or legal persons in case

) May be direct or indirect danger to persons or property on the territory
Czech Republic or a threat to the safe and reliable operation
gas system

B) the rights and obligations of gas suppliers and eligible customers are not
country from which importation takes place, with comparable rights and obligations
gas suppliers and eligible customers in the Czech Republic, in the case of
gas imports from countries which are not members of the European Union.

(2) The Ministry may decide to restrict gas exports abroad
natural or legal persons in case of emergency was declared
according to § 73 para. 1 point. d) the whole country or part
in case the emergency affects the territory of at least three counties. ".


236th In § 76 par. 1 at the end of subparagraph c) is replaced by a comma and
letter d), which reads:

"D) has concluded a contract for the supply of thermal energy.".

237th In § 76 par. 3 point. b) the words "pressure differential" deleted.

238th In § 76 par. 3 point. e) the last sentence is replaced by the sentence
"If there is no agreement on the method of allocating costs on individual consumption
place parts supplier cost way stipulated by law
regulation.".

239th In § 76 par. 5 point. a) after the word "operate" the words
"public interest" and "linear distribution facilities" shall
words "heat distribution facilities".

240th In § 76 par. 5 at the end of the paragraph is replaced by a comma and
subparagraph g), added:

"G) establish and operate its own telecommunications network for the management, measurement, automation and security
operation of heat networks and transmission
information for the operation of computers and information systems.".

241st In § 76 paragraph 7 reads:

"(7) A heat distribution system is obliged to establish a factual
burden permitting the use of foreign real estate or part thereof for the purpose
referred to in paragraph 5 of point. A), and a contract with the property owner, the || | if the owner is unknown or intended or because it is demonstrably
unreachable or inactive, or no agreement with him
issues relevant planning authority on a proposal from the operator of the heating equipment
decision easement. " .

242nd In § 77, paragraph 2 deleted.

Former paragraphs 3-8 become paragraphs 2 to 7

243rd In § 77 par. 3, first sentence reads: "The customer is obliged to change
carrying substance in order to reduce power consumption to adjust their
load your sample thermal equipment to match the specified
changes in a timely manner or terminate a contract for the supply of thermal energy. ".

244th In § 77 par. 5 of the second sentence, the word "caused" the word
"one-off" and the word "also" was inserted after the word "such".

245th In § 77 par. 6, the words "this shipment" is replaced by "
location and operation of this equipment."

246th In § 78 para. 5, after the word "services" comma deleted.

247th In § 78 para. 4 the word "handling" the words "and make
regular readings of measured values".

248th In § 78, the following paragraphs 6-8 are added:

"(6) The domestic hot water system jointly prepared for more
supply points to ensure the licensee within 5 years after the entry into force of this Act
at each supply point of delivery quantity measurement quantity
hot water the purpose of cost allocation proportional to the thermal energy
for its preparation and distribution to individual consumption points according to §
76 par. 3 point. e). If an agreement on the method of allocation to individual consumption points
all customer and supplier obligation
this measurement arises.

(7) If the licensee is installed at each supply point except
measurements under paragraph 6 also measurement of heat energy supplied in warm water or hot
comprehensive measurement of heat supplied
heating and domestic hot water, charged with the supply of thermal energy for
each sampling site according to the data of these measurements.

(8) the common prepare hot water for more
customers not installed measuring customer used to determine the amount of heat energy supplied
. Values ​​obtained by the customer, the supplier may use
for distribution of thermal energy consumed per
central hot water heating. ".

249th in § 80 paragraph. 1 point. A) Section 2 reads:

"2. obtained from secondary energy sources. ".

250th in § 80 paragraph. 1 point. a), point 3 is deleted.

251st in § 80 paragraph. 1 point. b) the word "only for heat networks with
supplies from sources only producing thermal energy" is deleted.

252nd in § 80 paragraph. 2 point.), the words "point. a) "shall be deleted.

253rd in § 81 the following paragraph 5 is added:

" (5) State authorization is required for construction of temporary
built in emergencies. . "

254th In § 86 at the end of paragraph 2, the words" unless otherwise agreed upon
. "

255th In § 87 at the end of paragraph 1 the sentence "The protection zone is formed
effective date of the zoning decision.".

256th in § 87 paragraph 4 reads:


"(4) In the protection zone equipment used for production or distribution
thermal energy, and outside is forbidden to perform activities that could endanger
these devices, their reliability and safety. | || Construction activities, placement of structures, earthworks, storage
material and the establishment of landfills and the planting of permanent crops in
protection zones can be made only with the prior written consent
operator of the facility. the consent must contain | || conditions under which it was granted is attached to the proposal for territorial
decision or an application for a building permit, the building authority approval conditions
not reviewed. ".

257th In § 87 para. 6 the words "licensee" shall be replaced
"facility operator" and "licensee" shall be replaced
"facility operator".

258th In § 88 para. 1 introductory part of the sentence reads: "The state of emergency or situations
directly preventing a state of emergency in the heat, reducing or
interruptions due to thermal energy."

259th In § 88 paragraph 2 reads:

"(2) In emergency situations or in situations immediately to prevent formation
state of emergency and liquidation of emergency are all licensees
customers and end customers are obliged to submit the necessary period of consumption without limitation
regardless of the contract. in these cases
entitled to damages and lost profits is excluded. Licensees may
extent necessary to use the facilities of customers and end consumers
. ".

260th In § 88 para. 3, after the word "manage" the words "or body exercising delegated powers
" and at the end of paragraph 3 the following sentence
"The authority which declared a state of emergency, it shall immediately inform
The Ministry of Interior and the appropriate fire and rescue service
regions on the expected duration of restrictions on the supply of thermal energy. ".

261st In § 88 para. 4, after the word "procedure", the word
"prevention".

262. In § 88, the following paragraph 5 is added:

"(5) In the case of heat networks supplied by more than 50% from one source is
licensee for distribution of thermal energy required to examine the effects
failure of this resource, and according to the result set up the entrances to the thermal network for
connection spare resources. ".

263rd In § 89 para. 1, letter b) reads:

"B) collection with repeated non-payment of agreed advance
including billing for the collected heat".

264th § 90 and 91, added:

"§ 90



Offences (1) A person who commits an offense by violating the obligations
prohibitions and restrictions or exceeds authorized under § 3 para. 3, § 7 paragraph.
6, § 10 paragraph. 7 and 9, § 12 para. 7, § 28 para. 2, 3, 4 and 5, § 29 para.
2, 3, 5 and 6, § 32 paragraph. 1, § 38 par. 1, § 41 paragraph. 2, § 43 para. 1, §
45 paragraph. 1 and 4, § 46 para. 4, 8, 9, 10 and 12, § 48 Sec. 2, § 49 para.
2, 4 and 6, § 51, 52, 53, § 54 para. 4, § 62 paragraph. 2, 3 and 4, § 63 para. 2 and 3
, § 65 par. 2 and 3, § 66 para. 1 and 3, § 67 para. 1 and 10, § 68 para.
5, 6 and 7, § 69 par. 3, § 71 par. 7, 8, 9, 10 and 16, § 72 para. 1, § 73 paragraph
. 4, § 74 para. 1, 2, 3 and 5, § 76 par. 2 and 4, § 77 par. 3, 4 5, 6 and 7
, § 78 par. 3 and 4, § 79 par. 3 and 4, § 87 para. 4, 5 and 6, § 88 paragraph
. 2, § 89 para. 1 and § 98, paragraph 11.

(2) An offense under paragraph 1 may be fined up to CZK 100,000
.



§ 91 Administrative Offences legal entities and natural persons doing business

(1) For administrative offenses following legal persons and entrepreneurs
individuals can be fined up to CZK 50 000 000

A) holders of licenses for violation of obligations set out in § 6 para. 3,
4, 5 and 7, § 9. 1 and 4, § 10 paragraph. 4, § 11 para. 1, § 12 Sec. 6
§ 14 paragraph. 2, 5, 6 and 10, § 20 par. 7 and 8, § 50, § 54 para. 4, 64 para.
8, § 72 para. 1, § 72a paragraph. 3, § 73 para. 4, 6, 7, 8, 76 par. 3 and
§ 78 para. 6

B) holders of licenses for electricity and gas for breach of duty or breach
authorization pursuant to § 23 para. 1 and 2, § 49 para. 2, 4 and 6
§ 57 paragraph. 1, 4 5, 6 and 8, § 71 par. 7 and 9 and § 72 para. 1

C) holders of licenses for the operation of the transmission system for
breach of duty or breach authorization under § 24 par. 3, 5, 6, 8 and 10
, § 24a, § 46 para. 4, § 47 paragraph. 2, § 49 para. 7 and 8, § 50.
3, § 54 para. 4, § 58 para. 1, 4, 5, 6 and 9, § 58a, § 64 para. 2 , § 71 paragraph
. 2, 3, 4, 5, 6, 10, 11 and 12 and § 72 para. 1 and 3,


D) holders of licenses for gas storage in underground storage for
breach of duty or breach of authorization pursuant to § 60 par. 1, 4, 5, 6 and 8
, § 64 para. 2, § 71 para. 7 and 9 and § 72 para. 1

E) holders of licenses for the operation of distribution networks and distribution of thermal energy
for breach of duty or breach of authorization pursuant to § 12 paragraph
. 2 and 3, § 25 par. 4, 6, 7, 9, 11, 12 and 13, § 25a, § 26 par. 2
3, 4 and 6, § 45 para. 5, § 46 para. 4, § 47 para. 2, § 49 par. 7, 8, 10 and 11
, § 50 par. 3, § 54 par. 3 and 4, § 59 para. 1, 4, 5, 6 and 8 , § 59a
§ 64 para. 2, § 66 para. 4, § 71 para. 2, 3, 4, 5, 6, 10, 11 and 12, § 72 paragraph
. 1 and 3, § 76 par. 1, 2, 4, 5, 8, 9 and 11, § 78 para. 1, 2 and 4
§ 80 paragraph. 1 and § 88 para. 2

F) licensees to produce thermal energy for breach of duty or breach
authorization pursuant to § 12 para. 2, § 32 par. 1, § 76 par.
1, 2, 4 and 9, § 78 paragraph. 1 and 2 and § 88 para. 2

G) the electricity market operator for failure to perform obligations or breach
authorization pursuant to § 27 para. 4, 5, 8 and 9 and § 50 para. 6

H) Balance Centre for non-fulfillment or exceeding authorization
according to § 64 para. 4 and 5

I) transmission system operators for non-compliance
access to the network for cross-border exchange of electricity by regulation.

(2) A fine of only up to 1,000,000 CZK may be imposed to manufacturers, operators
distribution system operators and the distribution of heat, with
power up to 2 MW, for breach of obligations under paragraph 1. a) to f
).

(3) A fine of up to CZK 10 000 000 may be imposed on licensees
trade in electricity and gas trading for breach of duty or exceeded
authorization under § 12a Par. 1 and 6, § 30 , § 32 par. 8, 61,
§ 72 para. 1 and § 73 para. 5th

(4) A fine of up to CZK 50 000 000 may be imposed on legal persons and entrepreneurs
individuals for breaches of obligations, prohibitions and restrictions
under § 3 para. 3, § 7 para. 6, § 10 paragraph. 7 and 9, § 12 para. 7, § 28 paragraph
. 2, 3 and 4, § 33 para. 1, § 38 par. 1, § 45 para. 1 and 4, § 46 paragraph
. 4, 8, 9, 10 and 12, § 48 para. 2, § 51, 52, 53, § 54 para. 4, 62
paragraph. 2, 3 and 4, § 66 para. 1, § 67, para. 1, § 68 para. 5, 6 and 7, § 69 paragraph
. 3, § 71 par. 7, 8, 9, 10 and 16, § 72 para. 1, § 73 para. 4 and 5, §
74 paragraph. 1, 2, 3 and 4, § 76 par. 2 and 4, § 77 par. 7, § 78 par. 3 and 4
§ 79 par. 3 and 4, § 81 paragraph. 1, § 87 para. 4, § 88 para. 2, § 89 para.
1 and § 98 paragraph. 11 and according to regulation, with the exception of violation of those provisions
Regulation, for the breach of fines imposed by the Commission.

(5) A fine of up to CZK 10 000 000 may be imposed on legal persons and entrepreneurs
individuals for breach of duty or breach
authorization pursuant to § 62 paragraph. 2 and 3, § 65 par. 2 and 3 and § 73 para. 4th

(6) A fine of up to 5,000,000 CZK may be imposed on legal persons and entrepreneurs
individuals for breach of duty or breach
authorization pursuant to § 29 para. 2, 5 and 6, § 36 para. 2 , § 41 paragraph. 2, 43
paragraph. 1, § 49 para. 2, 4 and 6, § 63 para. 2, § 65 par. 3, § 66 para. 3,
§ 67 paragraph. 10, § 71 par. 7 and 10, § 74 paragraph . 5, § 77 par. 3, 4 and 5
§ 78 para. 4, § 84 para. 2 and § 88 para. 2nd

(7) A fine of up to 1,000,000 CZK may be imposed on legal persons and entrepreneurs
individuals for breach of duty or breach
authorization pursuant to § 28 para. 5, § 29 para. 3, § 32 paragraph . 1, § 62 paragraph. 4
§ 63 paragraph. 3, § 77 par. 6 and § 87 para. 5 and 6 ".

265th in § 92 paragraph. 1, sentence replace the second sentence "Locations
regional inspectorates and their territorial scope are given headquarters and regional offices
a territory of counties and the city of Prague. ^ 12a)."

footnote no. 12a) reads:

"12a) Act no. 129/2000 Coll., on regions (regional establishment), as amended
.

Act no. 131/2000 Coll., On the Capital City of Prague, as amended
regulations. ".

Existing footnote no. 12a) becomes footnote
line no. 12b) including the reference to this footnote.

266th in § 93 paragraph. 1, after the word "checks" the words "on a proposal
Ministry, the Energy regulatory Office or on their own || | initiative. "

267th in § 93 paragraph. 1 at the end of subparagraph c) is replaced by a comma and
subparagraphs d) and e) are added:

'd ) Regulation, ^ 2)

E) of the Act on support of renewable resources. ".

268th In § 93 paragraph 2 reads:


"(2) The State Energy Inspectorate on the basis of its own findings
imposes penalties for infringement pursuant to paragraph 1.".

269th In § 94 paragraph. 1 point. a) at the end of paragraph a) the words "and
within the prescribed period a written report on their elimination."

270th In § 94 paragraph 3 reads:

"(3) If the State Energy Inspectorate launches inspection on a proposal
Ministry or the Energy Regulatory Authority, is obliged to
familiar with the results of the investigation.".

271. In § 94 paragraph 4 is deleted.

272nd In § 95 after paragraph 1 the following paragraph 2 is added:

"(2) A legal and natural person doing business for an administrative offense
is not liable if it proves that it made every effort that could
be required to prevent the breach of duty.".

Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5

273rd In § 96 par. 3, the number "15" is replaced by "90".

274th In § 98, paragraph 5 shall be deleted.

Existing paragraphs 6-15 shall be renumbered 5 to 14
Article II


Transitional and Final Provisions

First The electricity market operator shall, within six months from the effective date of this Act
apply for licensure.

Second Balancing the rights and obligations of the city under this Act shall be exercised in
31st December 2004 Central gas dispatching.

Third Persons established in connection with the separation of the distribution system
according to § 25 par. 3 or § 59a. 3 of Law no. 458/2000 Coll.
Amended by this Act, or the transmission system operator pursuant to §
58a par. 4 Act no. 458/2000 Coll., as amended by this Act, shall, within 30
days of their founding apply for licensure.
The grant of the license or until the occurrence of these people, if that is later,
exercise the rights and obligations under this Act
existing holders of licenses; on the same date cease to exist concurrently held the license
operators of distribution networks, with the exception of electricity distribution license and license
gas distribution and transmission system operators
concurrently held the license, with the exception of gas transmission license.

Fourth The rights and obligations arising from contracts for the supply of electricity and
agreements on bundled electricity supply services concluded
concurrent license holder for electricity distribution and trading license
electricity transferred to the license holder for the trade in electricity | || which arose in connection with the department pursuant to § 25a of the Act no. 458/2000
Coll., as amended by this Act.

Fifth The rights and obligations arising from contracts for the supply of gas contracts
bundled gas supply services concluded simultaneous holder
gas distribution license and a license for gas trading
transferred to the license holder for the gas business, which was established in connection with
department pursuant to § 59a of Act no. 458/2000 Coll., as amended by this Act.

6th For the first time of transmission or distribution system
obliged to develop and submit to the Energy Regulatory Office and the Ministry
program pursuant to § 24a para. 2 point. d) § 25a paragraph. 2 point.
D), § 58a paragraph. 2 point. d) and § 59a. 2 point. d) within 90 days from the date
entry into force of the law.

7th A vertically integrated gas business, which holds
gas transmission license is required to decide on the method of separating
under § 58a and its decision within 30 days from the effective date of this Act
notify the Ministry and the Energy Regulatory Office .

8th If it becomes protected by the customer pursuant to § 21 or § 55
authorized by the customer, not a contract for the supply of electricity or gas supply
done according to existing regulations affect and will continue to be deemed
agreement on bundled electricity supply services or
a contract for bundled gas supply services and the price set in the supply contract
electricity or gas supply by reference to the pricing decisions concerning
to electricity or gas is replaced by a reference to the pricing of electricity or supplier
gas suppliers, which must be published at least 30 days before the deadline
validity of these prices; if the customer is entitled
disagrees with this prize, has the right to terminate the contract
notice period of one month. The notice period begins on the first day
following calendar month.

9th The rights and obligations arising from contracts concluded by connecting the existing regulations
parallel distribution license holder

Electricity trading license holder to pass electricity
electricity distribution license, which arose in connection with the separation
according to § 25a of the Act no. 458/2000 Coll., As amended by this Act.

10th The rights and obligations arising from contracts concluded in connection
according to existing regulations simultaneous distribution license holder
gas trading license of gas transferred to the license holder
gas distribution, which arose in connection with the department pursuant to § 59a
Act no. 458/2000 Coll., as amended by this Act.

11th Permission for foreign real estate, as well as restrictions on their use that
formed under contracts concurrent license holder
electricity distribution and license to trade electricity in accordance with existing regulations
are transferred to the licensee for distribution of electricity, which
arose in connection with the department pursuant to § 25a of the Act.

12th Permission for foreign real estate, as well as restrictions on their use that
formed under contracts concurrent license holder
gas transmission and a license for gas trading under the existing regulations
transferred to the licensee to transport gas
arose in connection with the department pursuant to § 58a of the Act.

13th Permission for foreign real estate, as well as restrictions on their use that
formed under contracts concurrent license holder
gas distribution license for gas trading
according to existing regulations, shall pass to the holder of the license to distribute gas
arose in connection with the department pursuant to § 59a of the Act.

14th If the decision of the Energy Regulatory Office changed the supplier of last
instance, the rights and obligations arising from contracts
between the current supplier of last resort and the final customer for the new
supplier of last resort.
Existing supplier of last resort is obliged to provide the newly selected suppliers last
instance synergy and necessary information.

15th The Energy Regulatory Office may decide on the possibility of including
justifiable minimum costs incurred by licensees to transfer
electricity, electricity distribution, gas transmission and gas distribution
in connection with the opening of the electricity market and the gas market in
regulated prices.

16th Administrative proceedings commenced before the effective date of this Act shall be completed
under the existing legislation. Authorization for business in the energy sectors
issued under previous legislation
expire on 31 March 2005.
Article III


Authorization to publication of the full text of the Act

Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 458/2000 Coll., On business conditions and public administration
in the energy sectors and amending certain acts (the Energy Act
), as follows from the laws amending it.
Article IV

Efficiency


This Act shall take effect on the date of its publication.


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