308/1997 Coll. GOVERNMENT REGULATION of 26 November 1997 amending and supplementing Government Regulation No. 251/1994 Coll., Laying down the conditions for granting and settlement of financial subsidies from the state budget for the thermal energy supplied to the heating of residential buildings the Government directs that pursuant to section 11 of Act No. 268/1994 Coll., on the state budget of the Czech Republic in 1995 : Article and Decree No. 251/1994 Coll., laying down the conditions for granting and settlement of financial subsidies from the state budget for the thermal energy supplied to the heating residential buildings, is amended as follows: 1. section 1 para. 1, including footnote No. 1) reads: "(1) If the thermal energy for heating and domestic hot water (hereinafter referred to it as" thermal energy ") delivered it apartments heated by district heating or block or domestic boilers and houses ^ 1) connected to the central heat supply (hereinafter referred to it as" household object "), provides the subject further terms set out subsidies from the state budget. 1), § 44 paragraph. 1 of the Decree of the Federal Ministry for Technical and Investment Development No. 83/1976 Coll., on general technical requirements for construction, as amended by Decree No. 45/1979, Coll. and Decree No. 376/1992 Coll.. "2. § 1 para. 3 including notes no. 2), 3), and 3a) reads: "(3) The subsidy shall be granted if the thermal energy) price agreed between the supplier and the buyer or the price, and the customer who created heat energy it produces, will exceed CZK 350/GJ at the entrance to the building being heated or higher than 315 CZK/GJ in the transfer station or greater than 294 CZK/GJ at the entrance and house in the supply of primary distribution network, b) is the regional inspectorate of the State Energy Inspectorate examines the compliance of the production and supply of thermal energy from producers (suppliers) with the conditions stipulated by a special regulation ^ 2), and shall inform the applicant of an expert opinion. Where the authority to operate and it technology heating do not correspond to the costs included in factually regulated prices, asks in issuing its expert opinion is the financial headquarters to check the eligibility calculation of the amount of factually regulated prices manufacturer (contractor) under a special regulation, 3) (c)) does not flats and the associated common areas in buildings built without the participation of public funding for special regulation-3a) with a final approval decision issued after June 30 , 1996. 2) section 30, 32 and 38 of Law No. 222/1994 Coll., on business conditions and public administration in energy sectors and the State Energy Inspectorate. 3) Act No. 526/1990 Coll., On Prices, as amended by Act No. 135/1994 Coll. and Act No. 151/1997 Coll. the Notification of the Ministry of Finance No. 01/98. 3) § 3 para. 8 Ministry of Finance decree No. 176/1993 Coll., On Rental Housing and reimbursement for services provided to the entitled, as amended by Decree No. 30/1995 Coll. and Decree No. 270/1995 Coll. ". 3. § 1 para. 5, including the notes. 3B and 3 c)) reads: "(5) The subsidies will be granted to cover the difference between the cost of the thermal energy adjusted price agreed upon in accordance with specific předpisy3) on delivery from the manufacturer or supplier or a specified purchaser that the heat energy it produces for its domestic object (hereinafter referred to it as" price maker ") and the price of thermal energy for the domestic CZK 350/GJ at the entrance to the building being heated or 315 CZK/GJ the transfer station or 294 CZK/GJ at the entrance and house in the supply of primary distribution network. The calculation of the subsidy is not included in the floor area of the building used to house and business-3b) or other surface area. ^ 3b) 3 c) section 2 para. 1 of the Commercial Code. 3 c) Decree of the Ministry of Industry and Trade No. 245/1995 Coll., Laying down the rules for heating and domestic hot water systems, including cost allocation objects and the final consumer. "4. § 2 para. 2, the first sentence reads: "the customer makes the request and to the competent tax office no later than 10 January of the current year, individually for each residential building. Expert opinion territorial inspectorate of the State Energy Inspectorate forwards the customer within ten days after receipt thereof. ". 5. In section 2 para. 2, fourth sentence, after the word "join" the following words: "expert opinion territorial inspectorate of the State Energy Inspectorate under § 1. 3 of a point. (b)) further. "6. In section 2, after paragraph 6, the following paragraph 7 is added: ' (7) For change requests during the year indicating the buyer and the amount of heat energy consumed (GJ) of floor space to the filing date of the New applications. If these figures could not determine puts the share of thermal efficiency on full-year costs. 3 c). "Former paragraph 7 becomes paragraph 8. 7. In section 3, para. 4, the words "value added tax included in the regulated prices" is replaced "The difference between the amounts of value added tax included in the price from the manufacturer, and included household." 8. In section 4, para. 1, second sentence, the word "model" the words "and explanations are given him" and deleted the words "is given." 9. section 4 para. 4 reads: "(4) The financial settlement can not compensate for the subsidy overpayments that underpayments in one house or one object connecting point with the exception of compensation for the resulting impact from the settlement of thermal energy for heating the resulting impact of thermal energy billing for domestic water heating.". 10. Annex 1 is replaced with a new Annex no. 1, including explanatory notes of the same denomination. 11. Annex No. 2 is replaced with a new Annex No. 2 with explanations and reads: "the Financial settlement for thermal energy subsidies from the state budget for the year 199.". Article II of the Transitional and repealing provisions 1. The financial settlement of subsidies granted for 1997 was carried out by government decree No. 251/1994 Coll., As amended, until 31 December 1997. 2. Providing subsidies expire on 31 May 1998. 3. Regulations of the Government of the Czechoslovak Socialist Republic No. 22/1971 Coll., establishing a list of materials, products, operations and services whose prices are dictated by the federal pricing authority. Article III of This regulation comes into force on 1 January 1998. The Prime Minister: Prof. Ing. Klaus, PhD. vr Minister of Finance: Ing. Pilip vr annex 1 grant applications for heat energy from the state budget for 1998 NOTES that REQUEST Sl 1-namely to bring the individual producer or supplier of thermal energy (name, address) as individual objects (addresses of the boiler, including the our of buildings in which the heat energy delivered) Col. 2-Fill the the sum of the floor areas of residential and commercial spaces in total for house building. In this column, the total floor area does not recalculate the coefficients listed in the MIT Decree No. 245/1995 Coll., Laying down the rules for heating and hot water supply, including cost allocation objects and the final consumer. Col. 2-Fill in the total floor area of dwellings, which are used for permanent housing. The apartment enjoys a natural person for the purpose of housing his family. The floor area is the area of rooms in the apartment except loggia and balcony (Decree No. 245/1995 Coll., § 6 para. 5), ie. The area of all the space inside the apartment, regardless of whether or not they are directly heated. It's the sum of the floor space of apartments does not include the area of housing equipment located outside the apartment (basements, storage areas, which are not earmarked heated). SL 2b-Fill only the floor space area that is used for purposes other than housing. Commercial space uses the natural or legal person for other purposes (eg. Offices, shops, small factory, garage, restaurant, barber shop). Floor area of commercial space is the space of all rooms inside the commercial space (including a foyer, halls, corridors, etc.). The area will be adjusted coefficients listed in Annex No. 1 MIT Decree No. 245/1995 Coll. In this column include the floor area of dwellings which are permanently inhabited or not covered by the grant. DM. 2 c-the sum of the floor area of dwellings (2a) and a floor area of residential premises adjusted coefficients (2b). Spaces in the house, not apartments or commercial premises are premises other (common areas, eg. Laundry, drying room, bicycles). The costs for heating these areas contribute to all consumers in proportion to its share of the payment of heating costs. Therefore, the area of these areas does not. SL 3-Enter the price of the manufacturer and of the thermal energy per unit volume (1 GJ) in a given year should the contract between the producer of thermal energy and its customer, in accordance with the price assessment is the Ministry of Finance. SL 4-Enter the price of CZK/GJ, 350 CZK 315/GJ, respectively. 294 CZK/GJ of heat energy for households mentioned in § 1, par. 3 point. and Government Regulation). In case that the thermal energy for heating water is transition at a site other than at the inlet to the heated house object, this should be the distinguished value already in the request and the supply of thermal energy to split. SL 5-live sports and the contract between the producer and consumer of thermal energy projected amount of thermal energy for the year in GJ. For domestic boilers is based on the consumption of heat contained in the fuel efficiency of a heat source (according to the price list of the Ministry of Finance is valid for the year). SL 5-The amount of heat energy required for apartments, which are eligible for subsidy is calculated as follows: (col. 2: sl. 2 c) of x col. 5 that at unmeasured supply of district heating systems for entering the heated buildings it consumption is in the transition transfer station. SL 6-The requirement for the subsidy for 1998 is calculated as follows (col. 3-col. 4) of x col. 5a. SL 7-The competent tax authority calculated the subsidy rounded this whole LCY. SL 8-It leaves it to the needs of the tax authority, indicating it is, for example. GJ metering of the date of change requests. Note: 1. All figures, except column 3 (cost adjusted price of thermal energy) shall be rounded this whole numbers (down to 0.3 from 0.2 incl. Up). 2. For each row is completed, whether the supply of thermal energy for heating or domestic hot water or a combination thereof. The owner or manager of a heated house property (delete as appropriate, if necessary. Add another relationship as household object according to government regulation). I shall indicate: a) Identification No................................................ b) the number of the authorization decision of the Ministry of Trade and Industry the last supplier of thermal energy............................................................... c) whether the payer of value added tax of the YES-NO whether the last contractor's added tax If the YES-NO (II). Presented: 1. Proof of ownership as household object, ie. An extract from the cadastre or replacement document (only in exceptional cases new): a) approval decision (copy or a certified copy), (b)) and the contract for the transfer of the property, (c)) the settlement or a certificate in the form of a notarial deed, d) delimitation protocol with the certificate of incorporation, e) supported by proof that the residential buildings, which is the required subsidies have kept the assets in its accounts. 2. Contract with the manufacturer or supplier of thermal energy for the particular year in the case of domestic boilers for calculating the price of thermal energy. 3. One opinion of the Territorial Inspectorate of the State Energy Inspectorate. III. He met: the Government Decree No. 251/1994 Coll., Laying down the conditions for granting and settlement of financial subsidies from the state budget for the thermal energy supplied to the heating of residential buildings, as amended the Government Regulation No. 308/1997 Coll. IV. Confirms: and) the accuracy, the truthfulness and completeness of the data, (b)), the fact that he is not aware that another subject was placed on residential buildings and submitted a grant application. In.: sell undertake household objects, which asked for a subsidy, without the knowledge of the tax authority is without carrying out a financial settlement subsidy and the subsidy any overpayment returned to the state budget. .................................... The signature of the owner (manager) Annex No. 2 FINANCIAL SETTLEMENT GRANTS thermal energy FROM THE STATE BUDGET FOR THE YEAR 199 NOTES that THE FINANCIAL SETTLEMENT (All figures except r. 4 shall be rounded this whole units, up 0.5 0.5 down and up) Table header: indicate the manufacturer or supplier last thermal energy-the date of the application submitted to the Tax Office and the date of any changes. In lines 1-11, it must fill (unless in a particular line otherwise stated) the data which were submitted applications. r 1-the amount of heat energy in GJ's floor area relative (2b) actually taken row. 1B-the amount of thermal energy in GJ by the applications also related to floor area (2b), r. 2-floor space in total, detail is the same (or lower) col. 2 c of the request. 2B-floor area of dwellings, the indication is the same (or lower) with Col. 2a of the request. 3A-really paid the price of thermal energy (up to the amount specified in the application); calculation: l 1 x l 4 l 3b-the actual cost of thermal energy up to the calculated amount specified in the application in cases where the owner of the house building is both and the manufacturer (supplier) thermal energy r. 4-The regulated price by the manufacturer (contractor) for 1 GJ. Says the price that was agreed upon between the manufacturer and purchaser incorporated into individual grant applications, or possibly a lower price in the event that the producer price fell compared to the contract (a variant of higher prices is without a new contract with the customer possible). The price must be in line with the assessment of the Ministry of Finance is applicable for the year in row. 5-the price for flat user per 1 GJ must be in accordance with the assessment of the Ministry of Finance of. 6-reimbursement of thermal energy from the apartment of the users, and the user of the apartment is required to contribute to the price to cover the costs to the amount of thermal energy that actually went; calculation: l. x 1 l. 5 r. 7-This line fills the payer and non-payer of VAT. The amount of the grants, including VAT, which should have actually been paid; calculation: r 3 (or row 3b)-RS. 6 l. 7b-only fills. Subsidy amount of VAT which should have actually been paid; calculation: l 7-VAT row. 8-year-round requirement that grant the applications can not be given a different figure than was indicated in the submitted applications. 8B-actually granted subsidies from the state budget remitted the tax office r 9-quantification of overpayment subsidies; calculation: l. r. 8b-7 (7a or 7b, in the case of VAT) l 10-quantification of the subsidy arrears; calculation: l. r. 8b-7 (7a or 7b, in the case of VAT) l 11-only fills the VAT