Decree No. 12 / 1990 Coll.
Decree of the Federal Ministry of Fuel and Energy amending and supplementing Decree of the Federal Ministry of Fuel and Energy No. 139 / 1983 Coll., on the Basic Conditions for Heat Supply, as amended by Decree No. 75 / 1989 Coll.
Valid
Effective from 01.04.1990
12
DECLARATION
Federal Ministry of Fuel and Energy
of 8 December 1989
amending and supplementing Decree No. 139 / 1983 of the Federal Ministry of Fuel and Energy Coll., on the Basic Conditions for Heat Supply, as amended by Decree No. 75 / 1989 Coll.
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 Article 392 (1) of Economic Code No. 109 / 1964 Coll., in the full version published under No. 80 / 1989 Coll.:
The Decree of the Federal Ministry of Fuel and Energy No 139 / 1983 Coll., on the basic conditions for the supply of heat, as amended by Decree No 75 / 1989 Coll., is amended as follows:
1. Paragraph 2 (1) and paragraph 5, including footnote 2a, shall be deleted.
"(5) The sampling site consists of one or more heat collection facilities (2a) with one type of heat carrier with the same parameters.
2a) § 3 (5) of Act No. 89 / 1987 Coll., on the production, distribution and consumption of heat. '
Paragraphs 2 to 5 shall be renumbered paragraphs 1 to 4.
2. In Article 3, paragraphs 6 and 7 are deleted.
3. Sections 4 and 5, including the title and notes 3 and 4, shall be deleted.
4.
Conclusion of an economic contract
(1) The economic contract for the supply and collection of heat is to be concluded separately for each sampling point. The formalities necessary for the creation of the contract are:
(a) a certified heat recovery application;
(b) technical and delivery conditions which are normally negotiated without a time limit;
(c) the sampling chart in which the subject matter of the transaction and the contractual period are negotiated.
(2) The economic contract with retail customers is concluded for an indefinite period and is constituted by a certified heat claim.
(3) No later than 3 months before the start of the heat collection, the buyer shall submit to the supplier an application for purchase and a draft of the technical and delivery conditions on the forms issued by the supplier. The supplier shall comment on the documents submitted within 20 days of their delivery.
(4) No later than 10 days before the contract period, the wholesale and medium-sized customers are obliged to negotiate a sample diagram with the supplier. If the customer or supplier does not notify in writing within the same time limit that he insists on negotiating a new sample diagram, the validity of the sample diagram shall be extended to the next contractual period; This applies only to heat collection for heating and heating hot utility water.
(5) The contractual period is annual or quarterly for wholesale and medium-sized customers.
(6) The sample diagrams shall negotiate the quantity of heat and its distribution into the quantity intended for the population and for other consumption, the amount of heat output and the time period of collection in the contract period. The time course may be hourly, exchange, daily, monthly, quarterly or annual. The type of sample diagram shall be determined by the supplier after consultation with the customer.
(7) The supplier may specify specific technical and delivery conditions and the way in which the sampling diagrams are to be negotiated, including provisions on regulatory measures, for the period until the completion of the built-up heat treatment (2a). ';
5. Paragraph 7 (1) shall be deleted and paragraph 2 shall read as follows:
"(2) The supply is satisfied by transferring the agreed amount of heat from the supplier's equipment to the heat collection plant 2a)."
Paragraphs 2 to 6 shall be renumbered paragraphs 1 to 5.
6. Paragraph 8, including the title and footnote 2b, reads:
Amendment and decommitment
(1) The customer must notify the supplier no later than 10 days in advance of the change of the facts specified in the heat recovery application.
(2) If the new user takes over an object in which the heat collection device (2a) is connected to the heat distribution, 2b) is obliged to submit to the supplier an application for the purchase no later than 30 days before the start of the purchase and within 3 days after the receipt of the building, notify the status of the heat meter at the date of receipt.
(3) The customer is obliged to notify the supplier no later than 30 days in advance of the completion of the final reading of the heat meter and, where appropriate, of other measures related to the termination of the supply and purchase. If the customer fails to comply with these obligations, the supplier shall pay all heat collected and paid for the use of measuring equipment until the application has been filed by the new customer or the removal of measuring equipment.
2b) § 3 (3) of Act No. 89 / 1987 Coll. '.
7. Paragraph 9 (1), including footnote 2c, reads as follows:
"(1) The supplier measures the supply of heat with his equipment. If this is not possible, they shall measure the supply of heat by the customer's equipment if the customer agrees. The measuring device shall be installed, connected and maintained by the supplier on a fee basis. The method of measurement, type and location of the measuring equipment shall be determined by the supplier in accordance with the specific provisions. (c)
2c) Decree of the Federal Ministry of Fuel and Energy No 94 / 1987 Coll., on heat management, connection conditions and change of heat transfer. '
8. Paragraph 9 (2) and paragraph 8, including footnote 2d, shall be deleted.
"(8) If the supplier cannot ensure the measurement of the heat supply, the organisation shall agree in the contract the method of determining the amount of heat consumption. The penalties for unmeasured heat intended for at least part of the population are governed by specific rules. 2d)
2d) Dimension of the Central Energy Administration and the Central Regional Economic Development Administration No 20 of 9.7.1965, as amended by the Czech Price Office 2646 / 31 / 70 and the Slovak Price Office 698-C / 70 / II. '
Paragraphs 3 to 8 shall be renumbered paragraphs 2 to 7.
9. Article 10 (2) reads as follows:
"(2) The supplier shall ensure that the heat meter is checked within 30 days of the receipt of the customer's request or of the heat meter replacement if the heat meter has been tested at the initiative of the supplier. ';
10. The following words are added at the end of Paragraph 10 (3): "except where the examination took place at the initiative of the supplier '.
11. Paragraph 11 (2) (c), including footnote 8a, reads as follows:
"(c) when a heat-bearing substance or its parameters change, 8a)
8a) Sections 19 and 20 of Decree No. 94 / 1987 Coll. '
12.
"(b) notify the customer of the change of the heat carrier or its parameters in accordance with specific regulations, (8a)."
13. Paragraph 14 (1) (c) reads as follows:
"(c) if the customer does not notify the supplier of a change in the facts listed in the heat recovery application pursuant to Paragraph 8 (1),";
14. Paragraph 14 (2), including footnote 9a, reads as follows:
"(2) The quantity of heat unduly collected for non-measured or incorrectly measured samples shall be determined by considering the full load on all appliances and, where appropriate, the full load permitted by the aperture or the cut-off veneer for 16 hours per day, unless another period of use has been found; However, outside the heating period (9a), heating appliances shall not be taken into account. If a heat carrier has been removed from the primary circuit, the quantity taken shall be determined from the maximum flow quantity which may have been taken by the sampling line over a period of 24 hours. The daily consumption thus determined shall be multiplied by the number of days of unauthorised collection; If it is not possible to identify the whole period of unauthorised collection, sampling for the last subtraction period shall be determined.
9a) § 4 of Decree No. 94 / 1987 Coll. '
15.
"(1) For failure to deliver, withdraw or exceed the agreed quantity of heat, the periodic penalty payment shall be as follows:
(a) if the supplier does not deliver, except in the cases referred to in Paragraph 11 (2), the contracted quantity of heat, he shall be obliged to pay the customer a penalty of 100 CZK for each undelivered GJ,
(b) if the customer does not collect, except in the cases referred to in Section 13, the quantity of heat contracted, he is obliged to pay the supplier a penalty of 50 CZK for each GJ,
(c) if the customer exceeds the contracted quantity of heat, he shall be obliged to pay the supplier a penalty of 100 CZK for each GJ. "
16.
"(b) if the customer exceeds the output in MW, he shall pay the supplier a penalty payment of 500 CZK for each MW of the highest excess measured in the hourly interval,"
17. Paragraph 15 (8) reads as follows:
"(8) An organisation which has failed to comply with the time limit laid down in Articles 9 (5), 10 (2) and 12 (1) (a) shall be required to pay a valid penalty payment of 50 Cds for each day of delay, but not more than 1000 Cds."
18.
(1) Organisations cannot agree by way of derogation from the provisions of Sections 2, 3 (1), 6 (1), (2) and (5), 11 (2) and 14.
(2) The provisions of this decree shall also govern legal relations arising before 1 April 1990; However, the establishment of such legal relations and the rights arising therefrom before 1 April 1990 shall be governed by existing rules. ';
This Decree shall take effect on 1 April 1990.
Minister
Prof. Ing. Krumnikl DrSc.
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Regulation Information
| Citation | Federal Ministry of Fuel and Energy Decree No. 12 / 1990 Coll., amending and supplementing Federal Ministry of Fuel and Energy Decree No. 139 / 1983 Coll., on the essential conditions for the supply of heat, as amended by Decree No. 75 / 1989 Coll. |
|---|---|
| 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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