90/2014 Sb.
LAW
of 23 December 2003. April 2014,
amending Act No. 458/2000 Coll., on conditions for business and performance
State administration in the energy sectors and on amendments to certain laws
(Energy Act), as amended by later regulations, and Act No. 165/2012
Coll. on the supported sources of energy and on amendment to certain laws, as
as amended
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the Energy Act
Article. (I)
Act No. 458/2000 Coll., on conditions for business and public administration
in the energy sectors and on amendments to certain acts (the energy
Act), as amended by Act No. 151/2002 Coll., Act No. 261/2002 Coll., Act
No. 309/2002 Coll., Act No. 279/2003 Coll., Act No. 356/2003 Coll., Act
No 670/2004 Coll., Act No. 186/2006 Coll., Act No. 342/2006 Coll., Act
No 296/2007 Coll., Act No. 124/2008 Coll., Act No. 158/2009 Coll., Act
No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act
No. 155/2010 Coll., Act No. 211/2011 Coll., Act No. 299/2007 Coll., Act
No 420/2007 Coll., Act No. 458/2011 Coll., Act No. 165/2012 and
Act No. 350/2012 Coll., is amended as follows:
1. In article 11 (1) 1 at the end of the text of the letter f), the words "and the price
the costs associated with the support of electricity under the provisions of the law on
supported by energy sources ".
2. in paragraph 2 of article 23. 1 at the end of the text of the letter e), the words "or when you
proof of repeated non-payment of prices on the costs associated with
support for electricity under the Act on energy sources that are supported
is not paid even after warning ".
3. in section 24 para. 3 (b). (c)) at the end of paragraph 9, the word "or" shall be deleted,
the end of paragraph 10, the word "or" and the following point 11 is added:
"11. at repeated non-payment of the price of the proof of payment of costs
related to support of electricity under the supported sources
the energy that is not paid after warning ".
4. in section 24 para. 3 (b). (d)) at the end of paragraph 10, the word "or" shall be deleted,
the end of paragraph 11, the word "or" and the following paragraph 12, which reads as follows:
"12. repeated non-payment when a proven price to cover the costs
related to support of electricity under the supported sources
the energy that is not paid after warning ".
5. § 25 para. 3 (b). (c)) at the end of paragraph 8, the word "or" shall be deleted,
the end of paragraph 9, the word "or" and the following paragraph 10 is added:
"10. the repeated non-payment of the price of the proof of payment of costs
related to support of electricity under the supported sources
the energy that is not paid after warning ".
6. § 25 para. 3 (b). (d)) at the end of paragraph 10, the word "or" shall be deleted,
the end of paragraph 11, the word "or" and the following paragraph 12, which reads as follows:
"12. repeated non-payment when a proven price to cover the costs
related to support of electricity under the supported sources
the energy that is not paid after warning ".
7. § 25 para. 10 (a). (b)), after the words "in the event of unauthorized
the abstraction of ", the words" or non-payment of the price when a proven repeated
the costs associated with the support of electricity under the provisions of the law on
supported by energy sources, that is not paid after
warning ".
8. in section 30 paragraph 2. 1 at the end of the text of subparagraph (d)), the words "or when you
proof of repeated non-payment of prices on the costs associated with
support for electricity under the Act on energy sources that are supported
is not paid even after warning ".
9. § 50 para. 6 for the second sentence of the following sentence "agreement about the distribution of
electricity with electricity trader must also include enumeration
locations of all customers, with whom it has an electricity trader on
defined territory distribution system operator agreement
in accordance with paragraph 2. ".
10. In paragraph 98, para. 2 at the end of the letter h) the following paragraph 12, which reads as follows:
"12. the structure of the prices for the market operator's activities and the manner and terms
billing and reimbursement prices for market operator's activities by individual participants
electricity market ".
11. In paragraph 98, para. 2 at the end of paragraph (i)) the following paragraph 12, which reads as follows:
"12. the structure of the prices for the market operator's activities and the manner and terms
billing and reimbursement prices for market operator's activities by individual participants
the gas market, ".
Article. (II)
Transitional provision
Electricity trader will propose within 6 months from the date of entry into force of
of this Act, the distribution system operator, which for him
ensures distribution of electricity on the basis of the distribution agreements concluded
before the date of entry into force of this Act, an amendment to this Treaty so that
comply with the provisions of § 50 para. 6 of Act No. 458/2000 Coll., as amended by
effective from the date of entry into force of this Act.
PART TWO
Amendment of the Act on the supported sources of energy
Article. (III)
Law No. 165/2012 Coll., on supported energy sources and amending
certain acts, as amended by law no 407/2009 Coll. and Act No. 310/2013
Coll., is amended as follows:
1. In section 2, at the end of the letter x) dot is replaced by a comma and the following
the letter y), which read as follows:
"s) the operator of a local distribution system licensee
distribution of electricity, the distribution system is not connected directly to
transfer system. ".
2. in paragraph 4, the following paragraph 11, which read:
"(11) the provisions of paragraph 6 (a). (c)) shall not apply to electricity producers
from a renewable source, whose shares in the aggregate nominal value of 100%
the share capital is owned by the municipality pursuant to the Act on municipalities.
3. in paragraph 4, the following paragraph 12, which reads as follows:
(12) the provisions of paragraph 6 (a). (c)) shall not apply to the manufacturer who
generates electricity from biogas and whose principal activity is the
agricultural production. ".
4. In article 5, paragraph 7, the following paragraph 8 is added:
"(8) the provisions of paragraph 7 shall not apply to producers of electricity from
secondary resources, whose shares in the aggregate nominal value of 100%
the share capital is owned by the municipality pursuant to the Act on municipalities.
The present paragraph 8 shall become paragraph 9.
5. In article 6, paragraph 5 the following paragraph 6 is added:
"(6) the provisions of paragraph 5 shall not apply to producers of electricity from
high-performance of the combined production of electricity and heat, whose shares in the
the aggregate nominal value of 100% of the capital are in the
the ownership of the village according to the law on municipalities. ".
The present paragraph 6 is renumbered as paragraph 7.
6. § 12 para. 4, the words "paragraph. 8 "shall be replaced by" paragraph. 9 "and the words
"paragraph. 6 "shall be replaced by" paragraph. 7. "
7. In § 13 para. 1 the first sentence, the words "in accordance with § 28 para. 4 "shall be replaced by
the words "for the amount of electricity according to § 28 para. 5 "and the second, in a sentence
the words "prices on the costs associated with the support of electricity"
the words "between the market operator and the transmission system operator and
regional distribution system operator ".
8. in section 24, the following paragraph 9 is added:
(9) the provisions of paragraph 6 (a). (e)) does not apply to the manufacturer of heat from
renewable resources, whose shares in the aggregate nominal value of 100%
the share capital is owned by the municipality pursuant to the Act on municipalities.
9. In article 25, paragraph 6 the following paragraph 7 is added:
"(7) the provisions of paragraph 6 shall not apply to the manufacturer of heat from
renewable resources, whose shares in the aggregate nominal value of 100%
the share capital is owned by the municipality pursuant to the Act on municipalities.
10. In paragraph 28, paragraph 3, the following paragraph 4 is added:
"(4) the electricity trader, a producer of electricity, the transmission operator
system operator or distribution system operator shall charge a price to pay
the costs associated with the support of electricity including persons under
paragraph 5, 6 or 7, and these persons are obliged to pay that price. Way
and terms of accounting and settlement prices on the costs associated with
support for electricity shall adopt detailed legislation. ".
Paragraphs 4 to 9, shall be renumbered as paragraphs 5 to 10.
11. in section 28 para. 5 a) to (c)):
"a) customer
1. the trader with electricity or electricity producers for the quantity
electricity supplied under the contract of associated electricity supply services
or by transmission system operators or the operators of the distribution
system for the amount of electricity transported under a contract of transfer
of electricity or the contract for the distribution of electricity and
2. transmission system operators or the operators of the distribution
system for the amount of electricity consumed by the customer or by any other
a participant in the electricity market in the point of the customer without the use of
the transmission system or distribution system, including electricity
consumed in the devices connected to the load of the customer
b) producer of electricity, transmission system operators or
the distribution system operator, which is the production of electricity directly
attached, for the amount of electricity consumed by the producer of electricity or the
Another participant of the electricity market without the use of the transmission system operator or
the distribution system,
(c) the transmission system operator) or regional distribution system
the market operator for the amount of electricity supplied to him in accordance with the Treaty on the
the supply of electricity, ".
12. in section 28 para. 5, letter c) the following point (d)), which read as follows:
"(d) the distribution system operator) the local operators of the distribution
system to which it is attached, the local distribution system for
the amount of electricity supplied to him under the contract for the supply of electricity and
the amount of electricity consumed in the local distribution system manufacturer
electricity or another participant of the electricity market without the use of
distribution system ".
13. in section 28 shall be inserted after paragraph 5 paragraphs 6 and 7 are added:
"(6) price on the costs associated with the support of electricity charged
trader or producer of electricity, the customer is
electricity trader or producer of electricity, shall on the basis of
Bill pay distribution system operator. It is considered that the
the demonstrated repeated failure to pay the price to cover the costs associated with
support electricity trader distribution operator
system, which is not paid even after the warning, it is a violation of legal
regulations related to performance of the licensed activities in the exercise of
licensed activities seriously.
(7) the price to cover the costs related to support of electricity charged
local distribution system operator market participant with
electricity local distribution system operator is obliged to
the basis of the Bill cover the distribution system operator, which
is the local distribution system connected. It is considered that the proven
repeated non-payment of prices on the costs associated with the support
electricity local distribution system operator operator
distribution system, which is the local distribution system
attached that is not paid after the warning, it is a violation of legal
regulations related to performance of the licensed activities in the exercise of
licensed activities seriously. ".
Paragraphs 6 to 10 shall be renumbered as paragraphs 8 to 12.
14. in section 28, paragraph 8 shall be deleted.
Paragraphs 9 to 12 are referred to as paragraphs 8 to 11.
15. In article 37, paragraph 4, the following paragraph 5 is added:
"(5) the provisions of paragraph 4 shall not apply to producers of electricity from
decentralized electricity production, which in the aggregate nominal value of shares
100% of the capital are in the possession of the municipality under the law on
communities. ".
16. in § 53 para. 2 the letter o) is added:
"about) the manner and terms of accounting and settlement prices to cover the costs
related to support of electricity between the market operator and the operator
the transmission system operator and regional distribution system. ".
PART THREE
The EFFECTIVENESS of the
Article. (IV)
This Act shall take effect on the date of its publication, with the exception of the provisions
article. (III) sections 2, 4, 5, 6, 8, 9 and 15, which shall take effect on 1 January 2000.
July 2014.
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