Decree No. 117 / 2025 Coll.
Decree amending Decree No. 72 / 2022 Coll., on ensuring the adequacy of the operational support provided to energy sources
Valid
Effective from 10.05.2025
117
DECLARATION
of 17 April 2025
amending Decree No. 72 / 2022 Coll., on ensuring the adequacy of the operational support provided to energy sources
The Ministry of Industry and Trade provides pursuant to § 53 paragraph 1 (t) to (x) of Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 382 / 2021 Coll.:
Decree No 72 / 2022 Coll., on ensuring the adequacy of the operational support provided for energy sources, is amended as follows:
1. In Article 1 (d), the words "or the duration of the granting of operating aid 'are deleted.
2. In Article 4 (4), the words "and in the case of power generation where modernisation has been carried out since 1 January 2022 'are inserted after the words" 2016' and the second sentence is deleted.
3. Annex 5 shall read as follows:
"Annex No 5
Method of taking into account the investment aid granted in reducing the aid for electricity, operating heat and bio-methane aid for production put into service from 1 January 2016 and for electricity production where modernisation has been carried out since 1 January 2022
The reduction factor reducing the amount of aid for electricity, operating heat or biomethane in the case of electricity generation from renewable sources or secondary sources, heat generation, biomethane production and electricity generation from high-efficiency cogeneration put into service from 1 January 2016 and electricity generation where modernisation has been carried out since 1 January 2022 shall be determined on the basis of the relationship:
RF = DOT. AFVIR,
where electricity and biomethane are applicable:
VAR = P DRV,
and for heat:
VYR = P DRV / 3.6,
where:
RF - reduction factor for electricity [CZK / MWh], operating heat [CZK / GJ] or biomethane [CZK / MWh]; for the purposes of this decree, aid shall mean the amount of aid published in the price notice or the reference auction price published in the decision granting the right to aid from an auction;
DOT - total nominal amount of investment aid granted by producers, heat producers or producers of biomethane from public funds for the construction and putting into service of a power plant, a heat plant or a biomethane plant or for the modernisation of a power plant; If the granting of investment aid has been divided into several financial years, it is a simple sum of investment aid in all financial years [CZK]; where the investment aid has been granted for the acquisition of assets which are not related to operating aid for the construction and putting into service of an electricity, heat or biomethane plant or for the modernisation of an electricity plant, this part of the value of the investment aid entering into the calculation of the reduction of operating aid shall be reduced; the amount of the investment aid reduction shall be determined by multiplying the total investment aid and the share of the non-operating investment and the total investment;
RW - expected quantity of electricity [MWh], heat [GJ] or biomethane [MWh] produced by the producer, the producer of heat or the producer of biomethane per year,
P - electric installed power of the power plant [MWe]; heat installed power of the heat plant [MWt] or power output of the biomethane plant [MW after conversion from Nm3 / year], to be determined according to the relation:
P = Pinst · Hi365 · 24 · 1000
where:
Pinst - installed capacity of the biomethane production plant [Nm3 / year],
Hi - Biomethane calorific value [unless otherwise specified] shall be 9,5 kWh / Nm3 or biomethane combustion heat [unless otherwise specified shall be 10,5 kWh / Nm3] as set for biomethane operating support,
DRV - annual use of installed power over the lifetime of the electricity, heat or biomethane production plant pursuant to the legislation governing the lifetime of power generation, heat or biomethane production, effective at the time the power, heat or biomethane production plant is put into service or at the date of registration of the power generation plant for the modernisation of the electricity production plant. In the case of an auction bonus, the value of the legal provision according to the first sentence shall be used, effective at the time the auction is announced. Where, at the date of entry into service of the electricity generation plant or at the time of publication of the auction, an annual use law has not been provided for, for the purposes of this decree, the operating hours shall be used for the promotion of electricity from high efficiency cogeneration or 3,300 hours for the auction, or the value of 7 000 kWhe / kWe for the promotion of electricity from secondary sources, or the value of 8 000 hours for the promotion of biomethane [kWhe / kWe for the support of electricity, kWht / kWt for the operating heat support or the number of hours for the promotion of biomethane],
AF - annuity factor [-] to be determined by reference to:
AF = i1-1 (1 + i),
where:
i - 2% inflation according to the inflation target set by the Czech National Bank [-],
DZ - the lifetime of the electricity, heat or biomethane production plant determined in accordance with the legislation governing the lifetime of the electricity, heat or biomethane production plant, effective at the time of the entry into service of the electricity, heat or biomethane production plant or at the date of registration of the modernisation of the electricity production plant. In the case of an auction bonus, the lifetime of the legal act according to the first sentence shall be used, effective at the time the auction is announced [year]; the following point is added:
Transitional provisions
1. If the electricity production from renewable sources or secondary sources, heat production, biomethane production or electricity production from high-efficiency cogeneration has been put into service or modernised before the date of entry into force of this decree, the method of taking into account the investment aid granted in the operating aid provided under Decree No. 72 / 2022 Coll., as effective before the date of entry into force of that decree, remains.
2. In the event that the right to operating aid under the Law on Supported Energy Sources was created before the date of entry into force of this Decree and the electricity, heat or biomethane production plant was not put into service or modernised before the date of entry into force of this Decree, the manufacturer may choose to take into account the investment aid granted in the operating aid provided under Decree No 72 / 2022 Coll., as effective from the date of entry into force of this Decree. The choice of taking into account the investment aid granted in the operating aid cannot be altered by the manufacturer.
Efficacy
This decree shall take effect on the 15th day following its publication.
Minister:
Ing. Wolček v. r.
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Regulation Information
| Citation | Decree No. 117 / 2025 Coll., amending Decree No. 72 / 2022 Coll., on ensuring the adequacy of the operational support provided to energy sources |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.2025 |
|---|---|
| Effective from | 10.05.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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