Decree No. 11 / 1990 Coll.
Decree of the Federal Ministry of Fuel and Energy on the basic conditions of supply of heating gases
Valid
Effective from 01.04.1990
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11
DECLARATION
Federal Ministry of Fuel and Energy
of 8 December 1989
on the basic conditions for the supply of heating gases
The Federal Ministry of Fuel and Energy, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to § 392 (1) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 80 / 1989 Coll. and § 26 of Act No. 67 / 1960 Coll., on the production, distribution and use of heating gases (Gas Act):
INTRODUCTORY PROVISIONS
Subject matter
(1) This Decree regulates the supply of heating gases
(a) gas lamps;
(b) natural gas of carbon diesel and natural gas from surface degradation ("natural gas");
(c) propane butane
between socialist organizations.
(2) The Decree does not apply to supplies to and from the gas pipeline network.
ADJUSTMENTS TO HOT GAS FROM GAS NETWORK
GENERAL PROVISIONS
Distribution of customers
(1) Organisations take fuel gases from the pipeline network as wholesale or retail customers.
(2) Large-scale customers are customers of heating gases whose planned annual consumption exceeds 120 000 m3 of luminaire gas or 60 000 m3 of natural gas at baseline delivery conditions (1) per sampling point. According to the planned consumption, it is divided into:
(a) Group I with annual consumption in the range of 60 000 - 400 000 m3 of natural gas or 120 000 - 300 000 m3 of lamp gas
(b) Group II with an annual consumption exceeding 400 000 m3 of natural gas or 300 000 m3 of lamp gas.
(3) According to the nature of the consumption, wholesale customers in Group II are divided into wholesale customers:
(a) technological character
(b) the swelling character.
(4) Small-scale customers shall be customers of heating gases in less than those referred to in paragraph 2, as well as those of propane-butane.
(5) A single sampling point shall be considered as an object or, where applicable, a plot forming a separate and permanently connected unit in which the heating gas is collected for one customer. In doubt, the sampling point shall be determined by the supplier.
Conditions of collection
(1) Upon fulfilment of all the conditions laid down for the connection of gas demand facilities (2), the supplier shall conclude a contract with the customer for the supply of heating gases.
(2) If the organisation takes over the objects in which the gas collection facility is connected to the gas pipeline network, it shall notify the supplier within 3 days of the receipt of the status of the measuring device and submit an application within 8 days or within the same time limit in writing that it does not intend to withdraw heating gases.
(3) The supply is satisfied by switching the contracted quantity of heating gas from the supplier's equipment to the customer's equipment.
(4) Without the consent of the supplier, the customer may not leave heating gases to other customers.
Restriction or interruption of supply
Supplier may limit or interrupt the supply of heating gases
(a) when carrying out planned maintenance and revision work, discussed in advance with the customer; large customers of heating gases shall be subject to a preliminary discussion of these measures 10 days prior to the negotiation of the sampling diagram, but at least 90 days before the interruption of supply,
(b) if, after prior consultation, there is a permanent change in the nominal pressure or a change in the type of heating gas supplied, 3)
(c) on grounds of natural disasters;
(d) in the implementation of the regulatory measures on the basis of the sampling rates and heating curves for the management of the supply and collection of heating gases, as well as in cases requiring local regulation;
(e) in the event of failures and accidents, 4)
(f) where the customer collects heating gases in excess of the quantity agreed or determined, despite the supplier's warning;
(g) if the supplier's authority or national professional supervision finds that the gas sampling facility does not comply with the legislation or technical standards to the extent that it is liable to endanger the safety of people or property,
(h) where the customer makes it impossible for the supplier to access the measuring device or part of it or to access the sampling gas;
(i) where the customer has been found to have obtained an unauthorised purchase (§ 23);
(j) if the customer changes the number or total input of the gas sampling equipment (appliances) without the supplier's consent,
(k) in cases where the customer does not remove the identified defects on the sampling gas equipment which cause an exceptional decrease or variation in gas pressure in other customers;
(l) if the customer leaves heating gases to other customers without the consent of the supplier (§ 3 (4)).
(1) The supplier is obliged to notify the customer in an appropriate manner, at least 10 days in advance, of the exact date of the limitation or interruption of the supply of heating gases for the execution of the planned work under Article 4 (a) and (b).
(2) The supplier shall notify the customer of any other cases of limitation or interruption of the supply of heating gases without undue delay as soon as the fact or necessity justifying the measure has occurred. The supplier may interrupt the supply of heating gases to wholesale customers for the reasons set out in § 4 (g) to (l) only after prior written notice.
The collector may restrict or suspend the consumption of heating gases for the reasons set out in § 4 (a), (c) and (e). It is obliged to act in a similar manner as the supplier in § 5.
The supplier shall renew the interrupted supply of heating gases after removing the defects or causes for which the supply has been interrupted.
COMPETITION CONTRACTS
Conclusion of contracts
(1) The precondition for the conclusion of an economic contract with a wholesale customer after all the conditions have been met (Section 3 (1)) is:
(a) confirmed application
(b) agreed technical and delivery conditions
(c) in the case of group II wholesale customers, a regulatory plan adjusting the sampling at the time of the announcement of the sampling stages and heating curves.
(2) Economic contracts for the supply of heating gases with wholesale customers are concluded for the annual period for each sampling point separately. The agreed annual quantity shall be specified by the sampling diagrams.
(3) In technical and delivery conditions, rules on the use of the second fuel will be agreed with wholesale customers having dual-fuel holdings.
Negotiating diagrams
(1) A wholesale buyer of Group II is obliged to deliver a draft diagram to the supplier within 35 days of the beginning of the quarter for each sampling point on a monthly basis.
(2) A wholesaler of a technological character discloses the gas supply in the daily sampling diagram.
(3) The supply of gas to large-scale heating customers is governed in the relevant quarter by the heating curve agreed by the regulatory plan.
(4) If the supplier does not agree with the design of the diagram, he shall be obliged to send a proposal for amendments and supplements to the wholesale customer no later than 10 days after receiving it; If they do not do so, the diagram shall be valid for agreed upon by the customer.
(5) According to the supply and operating situation at the request of the wholesale customer, the supplier may, where justified, modify the diagram.
For newly built plants and plants and, where appropriate, reconstructed sampling facilities, the supplier shall negotiate with the wholesaler during the construction and putting into service of the new plants and plants, in particular the method of rectifying the collection at the time of publication of the regulatory measures and the evaluation of consumption. The duration of the special conditions of collection shall be determined taking into account the technical possibilities of the wholesale customer for the period strictly necessary. The daily sampling diagram shall be agreed to the estimated value.
Collection records
(1) Large buyer of the group I shall receive a daily sampling chart from the supplier no later than 7 days before the beginning of the quarter in monthly breakdown. The actual consumption determined according to the agreed technical and delivery conditions shall be recorded on the diagram. Any method of conversion shall be determined by the supplier.
(2) Wholesale customers of Group II are required to record at regular daily intervals not later than 8 p.m. the state of the measuring equipment and within 14 hours the quantities of heating gases actually collected during the previous day, converted into basic delivery conditions.
(3) The quantity of heating gases collected shall be recorded in the daily sampling diagram by the wholesaler. The duly completed and processed form for the previous calendar month shall be delivered by the customer on the first working day following the end of the month as instructed by the supplier.
(4) The actual sample assessment diagram is the basis for invoicing the quantity of heating gases collected and, where appropriate, the accounting of property penalties.
(5) At the request of the supplier, but not more than four times a year, the wholesale customer shall record and evaluate the hourly flow of heating gases. A duly completed record of the record shall be sent to the supplier within 3 days of the reference date.
(6) Large customers of heating gases are required to report on actual purchases in less than one month at the supplier's request. The method of reporting actual purchases shall be agreed between the supplier and the wholesaler in technical and delivery conditions.
Amendment and decommitment
(1) Large-scale heating gas customers are obliged to discuss with the supplier a change in the economic contract
(a) in the case of the reconstruction of a sampling gas installation;
(b) where gas appliances and the nature of the collection are changed;
(c) in the event of an increase in collection due to the introduction of multi-shift operations.
(2) The wholesale customer must notify the supplier in writing no later than 35 days in advance and allow the supplier to carry out the last deduction or, where appropriate, to remove the measuring equipment and to take other measures related to the termination of the purchase.
ECONOMIC CONTRACTS WITH MALODEBRATORS
Conclusion of contracts
(1) The contracts for the supply of heating gases with retail customers are concluded for an indefinite period by confirming the application. In addition, the contract may include an agreement on repayments for the fuel gas collected and an agreement on how to evaluate the purchases under the technical conditions of connection. By returning one certified copy of the application, the supplier undertakes to supply heating gases for the agreed appliances.
(2) Small-scale customers may, at a single sampling point, collect heating gas up to the amount of the collection referred to in Article 2 (4).
Amendment and decommitment
(1) A retail customer wishing to either extend the procurement by using appliances other than those specified in the application, or modify the appliances in such a way that it would require a change in the measuring equipment or the pipeline connection, is obliged to submit a new application.
(2) The retail customer is obliged to submit to the supplier a proposal to terminate the purchase in writing at least 8 days in advance and to allow him to carry out the last deduction and to implement the measures related to the termination of the supply of heating gases.
(3) If the retail customer does not notify the end of the purchase or does not allow for the execution of the deduction, he is obliged to pay the amount of gas collected until the application has been filed by the new customer or the supply of heating gases has ended.
PROCEDURE AND EVALUATION OF SUPPORT
Supply regulation
(1) In the interests of the smooth supply of all customers with heating gases, the supplier is entitled to regulate the quantity of gas collected from wholesale customers.
(2) Regulatory measures are carried out according to the declared sampling stages and heating curves for the supply and consumption of heating gases. The amount of supply at each sampling stage shall be expressed as a percentage of the quantity of gas contracted.
(3) Large-scale customers are required to monitor regular reports in the mass media on declared consumption rates and heating curves applicable to the consumption of heating gases; they are required to record on the prescribed form the declaration and withdrawal of individual sampling stages and heating curves and to implement immediately the measures to comply with them.
(1) The sampling steps are:
(a) basic - sampling according to the agreed diagram,
(b) limiting - the reduction of the agreed quantity of collection up to a safety minimum,
(c) emergency - complete interruption of heating gas supply.
(2) The swelling curves are
1. curve - basic agreed take-off according to the economic contract,
2. the curve - reduced to contracted quantities, this does not concern in particular health care, education and housing,
3rd curve - collection reduced to contracted level of safety and technical minima. The reduction does not concern the necessary health services, the daily supply of the population with essential living needs and special agricultural establishments.
(3) In the case of the supply and take-off of heating gases, the following derogations in quantities are permitted for group II wholesale customers (hereinafter referred to as tolerance):
(a) for large-scale customers of a technological nature (Section 2 (3)), in the sampling stages, basic + 3% to - 5% restrictive and emergency + 0% to - unlimited;
(b) for large-scale customers of a heating character (§ 2 (3))
| 1. křivka | + 5 % až – 10 % |
| 2. a 3. křivka | + 0 % až – neomezeno. |
(4) In the case of group I wholesale customers, the conditions for consumption reduction to the level of safety minima and at the emergency stage are determined in technical and delivery conditions.
Evaluation
Evaluation of the group's wholesale customers I shall be carried out by comparing the sum of the monthly facts per calendar year with the annual sampling limit laid down in Article 2 (2) (a).
(1) Wholesale customers in Group II are:
(a) when the basic sampling stage is declared and the 1 or 2 heating curves are assessed cumulatively, by comparing the sum of daily entitlements, including tolerances and approved changes, with the sum of actual daily sampling for the period of validity, but not more than a month;
(b) when declaring restrictive degrees and the 3rd heating curve by comparing the daily entitlement, including tolerance and approved changes, with actual daily consumption.
(2) Under an economic contract, a supplier may agree with the wholesale customers of Group II a daily assessment of consumption during the period of validity of all the sampling stages and the heating curves.
QUALITY AND MEASUREMENT OF SUPPLIES
Quality of heating gases
(1) The quality of the heating gases must comply with technical standards and quality conditions, 5) or the agreed technical delivery conditions.
(2) In order to determine the quality characteristics of heating gases, binding data identified by the supplier shall be analysed or measured according to technical standards or agreed technical conditions of delivery at node points of the pipeline network for a specific area. Suppliers shall be obliged to inform the wholesale customers of the node point applicable to the area concerned.
(3) At the request of the customer, the supplier is obliged to communicate the results of the analyses to him.
(4) In the event of non-compliance with the quality characteristics of the gases supplied according to technical standards or technical conditions, the supplier shall provide the customer with a deduction from the price of the amount and under the conditions laid down in the price list. 6)
Measurement of deliveries
(1) The type, location and location of the measuring device are decided by the supplier.
(2) Only the supplier may make any changes to the location of the measuring device.
(3) The collector shall monitor the correct operation of the measuring device and report to the supplier within 3 days any defects and uncertainties in the measurement as well as obvious disturbances on the device before the measurement point. It shall also ensure that the measuring equipment is secured in a manner specified by the supplier so as not to damage it.
(4) In the case of registration measuring instruments, the wholesale customer shall monitor their continuous operation and recording and perform normal service (replenishment of the registration tapes, etc.) to the extent specified by the supplier.
(5) In the event of a failure of the electronic measuring system, the wholesale customer shall carry out a recalculation of the quantity collected according to the technical standard (7) and in the manner specified in the technical and delivery conditions.
(1) The wholesaler is obliged to set up a bypass with a seal provided with a supplier's seal on his load around the measuring device. Only the supplier may open the bypass cap. In exceptional cases, in particular where there is a risk of delay, the closure may be opened by the customer, but must notify the supplier without delay.
(2) A retail customer whose interruption of the supply of heating gases, or failure of the measuring equipment, could cause significant damage, will, with the consent of the supplier, establish a bypass around the measuring equipment with a cap, fitted with a seal of the supplier. Only the supplier may open the bypass cap.
(1) The supplier is obliged, at the request of the customer, to ensure checking of the measuring equipment (8) within 15 days of receipt of the application and if the equipment is defective, to replace it with the correct one.
(2) The request for a check shall not release the customer from the obligation to pay the instalment or invoice for the fuel gas collected within the specified time limit.
(3) If, at the time of the examination carried out on the basis of an unjustified request from the customer, the measuring device is found to give a value within the limits of the tolerances allowed, the customer shall pay the cost of the examination.
(4) Where it is found, when checking, that the measuring device indicates a value which deviates from the actual value before the technical standard (9) or technical condition is permitted, the beneficiary organisation shall pay an amount corresponding to the deviation in the data from the date on which the defect occurred; if it is not possible to identify the defect date, it shall pay this amount from the date of the last deduction. The costs of checking and exchanging measuring equipment shall be borne by the supplier.
(5) If the measuring equipment does not comply with the technical standard, consumption shall be determined by agreement for the period of incorrect measurement.
(6) If no agreement is reached, consumption shall be determined by comparing the consumption before and after the examination and, where appropriate, by calculating the consumption taking into account the deviation found during the examination. If consumption cannot be determined in this way, it shall be determined according to the consumption of the previous year, adjusted according to the planned trend of sampling.
(7) If there is a new sampling or a change in the sampling ratios, the supplier may determine the gas consumption according to the average consumption measured in subsequent periods.
(8) For the period during which the wholesale customer collects the quantity of gas not measured in the case referred to in Paragraph 21 (1), its consumption shall be invoiced in advance or determined and invoiced on average over the previous 3 months.
(9) For the period of time when a retail customer, in the case referred to in Paragraph 21 (2), collects an unmeasured quantity of gas, its consumption shall be invoiced in advance or in accordance with the daily average over the previous period, taking into account any expansion of consumption.
UNAUTHORISED WITHDRAWAL
(1) Unauthorised collection shall be considered as:
(a) where the purchaser collects heating gases without contract with the supplier except where the contract has not been concluded for the circumstances of the supplier;
(b) where the customer draws heating gases not measured by the supplier's measuring instruments without his consent;
(c) if the customer collects heating gases for purposes other than those agreed or specified in the fuel base allocation decision, 10)
(d) if the customer has taken such measures as to ensure that the measuring equipment does not either record consumption or misrecord it to the detriment of the supplier, or if the customer uses the equipment so modified;
(e) if the customer has failed to fulfil the obligations imposed on him in Paragraph 20 (3),
(f) open the bypass closure without the consent of the supplier pursuant to Article 21 (1),
(g) if the customer did not comply with the supplier's regulatory measures pursuant to § 4 (d) and § 15,
(h) the distortion of consumption resulting from the pressure recording and the conversion temperature by the customer in an incorrect way against the supplier.
(2) The quantity of heating gases unduly collected for unmeasured or incorrectly measured sampling shall be determined by the sum of the full output of all gas appliances with unmeasured or incorrectly measured sampling, as recorded with the customer, for at least 8 hours a day, in the case of exchange operations up to 24 hours a day, multiplied by the number of days during the whole period of such sampling. If it is not possible to determine the total period of illegal take-off of heating gases, the take-off shall be invoiced for the period from the last regular deduction or, for large customers, from the last check by the natural gas undertaking.
(3) The amount for the undue collection shall be reduced by the amounts paid for the collection at the time of the undue collection.
(4) Collectors shall be charged for the costs associated with the acquisition of illegal purchases, but not less than CZK 500.
MANUAL SANCTIONS
(1) If the supplier does not deliver to the wholesaler the quantity of heating gases agreed in the diagram, he shall be obliged to pay a penalty of 10% of the price of the undelivered gas; the right to such periodic penalty payments does not arise for the quantity of gas corresponding to the restriction or interruption of the supply referred to in Section 4.
(2) The customer is obliged to pay a penalty payment of five times the price of the gas for the unauthorised collection provided for in Paragraph 23 (1) (a).
(3) The buyer shall be obliged to pay a penalty to the supplier of 5000 CZK for the unauthorised collection provided for in Article 23 (1) (b) to (f) and (h) for each case found.
(4) For non-compliance with the obligations and time limits referred to in § 9 (1), § 11 (1), (2), (3), (5) and (6), § 12 (2) and § 20 (3) to (5), the customer is obliged to pay a penalty payment of 200 CZK for each day of delay or for each case.
Group I wholesale customers
(1) For exceeding the annual consumption limit of 400 000 cubic metres of natural gas and 300 000 m3 of lamp gas, which was not caused by exceptional circumstances, the customer shall pay the supplier a penalty equal to the price of the gas collected above the specified threshold.
(2) In the event of non-compliance with the technical and delivery conditions for reducing consumption to the technical and safety minimum and the emergency stage, the supplier shall pay a periodic penalty payment of five times the gas price for the total quantity exceeded during the regulatory period.
Group II wholesale customers
(1) If a wholesaler does not remove the quantity of heating gases agreed in the diagram, he is obliged to pay the supplier a penalty payment of 10% of the price of all uncollected gas. the right to such periodic penalty payments does not arise for the quantity of gas corresponding to the restriction or interruption of the collection referred to in Article 6 or for the agreed reduction of the collection.
(2) If the wholesale customer exceeds the quantity of heating gases agreed in the diagram, he is obliged to pay the supplier a penalty payment
(a) at the basic sampling stage and the first heating curve of 50% of the gas price for the total quantity exceeded;
(b) in the case of restrictive degrees and the 2nd heating curve, at the price for the whole period exceeded;
(c) at the technical and safety minima at the emergency sampling stage and at the 3rd heating curve at five times the price for the total quantity exceeded.
For wholesale customers with daily assessment pursuant to Paragraph 18 (2), the same penalties shall apply in the event of non-compliance with the agreed take-offs resulting from the respective sampling stages and heating curves in daily values.
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Regulation Information
| Citation | Federal Ministry of Fuel and Energy Decree No. 11 / 1990 Coll., on the basic conditions of supply of heating gases |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.01.1990 |
|---|---|
| Effective from | 01.04.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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