Decree No. 12 / 2003 Coll.
Decree amending Decree No 373 / 2001 Coll., laying down rules for the organisation of the electricity market and the principles for pricing the activities of the market operator
Valid
Effective from 01.02.2003
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12
DECLARATION
of 14 January 2003
amending Decree No 373 / 2001 Coll., laying down rules for the organisation of the electricity market and the principles for pricing the activities of the market operator
According to Article 98 (8) of Act No. 458 / 2000 Coll., on the terms and conditions of business and on the exercise of public administration in the energy sector and amending certain laws, as amended, (hereinafter referred to as "the Act '), the Energy Regulatory Authority provides for the implementation of Article 17 (7) (e) of the Act:
Decree No 373 / 2001 Coll., laying down the rules for the organisation of the electricity market and the principles for pricing the activities of the market operator, is amended as follows:
1. in Paragraph 2 (g):
"(g) the obligation to supply electricity to the electricity system - the obligation to supply electricity to the electricity system from its own electricity production plant or the contract assumed by the obligation to supply electricity to the transmission system or distribution systems,"
2. in § 2 (h):
"(h) an obligation to withdraw electricity from the electricity system - an obligation to withdraw electricity from the electricity system or a contract taken over by an obligation to withdraw electricity from the electricity system at the final customer's demand facility or an obligation to remove electricity from the electricity system,";
3. Paragraph 2 (j) reads as follows:
"(j) by derogation from the clearing entity - the sum of the differences between the actual amount of electricity and the contracted amount of electricity for the obligation to supply electricity to the electricity system and between the actual amount of electricity and the agreed amount of electricity for the obligation to withdraw electricity from the electricity system,";
4. in § 2 (o) to (v):
"(o) agreed balance of foreign exchanges - the difference between the contractual import of electricity and the contractual export of electricity; the balance is negative if the contractual exports of electricity are greater than the contractual imports of electricity, and the balance is positive otherwise;
(p) contractual transit of electricity - transport of electricity by transmission system where the electricity transported is not produced or consumed in the electricity system; the contractual transit of electricity does not affect the size of the agreed balance of foreign exchanges,
(r) cross-border trade - trade carried out through the contractual import of electricity, the contractual export of electricity and the contractual transit of electricity;
(s) organised short-term electricity market - electricity market organised by a market operator participating in clearing entities;
(t) market participant registration number - the number allocated by the market operator to the electricity market participant for the purposes of assessing and clearing derogations, except for an eligible customer that is not a settlement entity;
(u) the authorised customer registration number - the number allocated by the market operator to the eligible customer, except for the eligible client who is settlement entities, to ensure the change of supplier process; market participants' registration numbers and authorised customers' registration numbers may form one number series,
(v) system deviation - sum of positive and negative deviations of all settlement entities, ';
5. In Section 2, points (w) to (ff) are added:
"(w) regional distribution system - distribution system directly connected to the transmission system,
(x) local distribution system - distribution system not directly connected to the transmission system,
(y) settlement contract - the Treaty of Accession to the common binding rules for the assessment, settlement and settlement of derogations on the basis of which the market operator carries out the assessment, clearing and settlement of the differences of the settlement entity,
(z) Decentralised production - generation of electricity from electricity generation connected to a non-transmission system;
(aa) manufacturer of category 1 - the manufacturer who supplies electricity produced in his own installation after deduction of own consumption for the production of electricity or electricity and heat from the plant to the transmission system or to regional distribution systems at least 80% of the annual volume of electricity produced;
(bb) category 2 manufacturer - non-category 1 manufacturer,
(cc) self-producer, category 2 producer, which produces electricity mainly for the use of its natural or legal person and who supplies less than 80% of the annual volume of electricity produced to another market participant after deduction of own consumption for the production of electricity or electricity and heat;
(dd) balancing market - balancing energy market organised by the TSO and settled by the market operator;
(ee) regulatory energy - electricity used to offset system deviations supplied or not delivered on the basis of activation of support services and electricity provided on the balancing market;
(ff) the informative balance of electricity for the electricity generation side - the sum of electricity supplies from electricity generation and imports and exports made through the transmission system and through distribution systems produced by the market operator on the basis of data provided to the market operator by clearing entities. ';
6.
Electricity market
(1) The electricity market is subject to the supply of electricity (active electricity) between the parties to the electricity market on the basis of a contractual relationship, the application of regulated access to networks for the physical supply of electricity and the purchase of regulatory energy. In the case of electricity trading, all time periods are given within the period applicable for the period.
(2) The organisation of the market for the physical supply of electricity carried out by the market operator pursuant to Article 27 (5) (b) of the Act is:
(a) evaluation, clearing and settlement of differences between settlement entities;
(b) short-term electricity market organisation;
(c) the transmission of actual values for the purposes of invoicing and ensuring the process of changing the supplier of the eligible customer and ensuring the process of changing the contractual relations relating to the supply of electricity to electricity by electricity market participants. ";
7. The heading of Section 4 reads:
"Ensuring regulated access to transmission and distribution systems
[Articles 28 (1) (d) and 30 (1) (a) of the Law] '.
8. in Article 4 (a) to (c), the words "contract of supply" shall be replaced by "contract of sale";
9. Article 5, including the title and footnotes No 2) to 6) reads as follows:
Transmission and distribution of electricity
(1) The transmission of electricity (hereinafter referred to as "transmission") is provided by the transmission system operator and consists of the transmission of the contracted amount of electricity by transmission system to the transmission system sampling point in the quality specified by the specific legislation.2)
(2) The distribution of electricity (hereinafter referred to as "distribution") is provided by the distribution system operator and consists of the distribution of the contracted quantity of electricity by the distribution system to the distribution system sampling point in the quality laid down by the special legislation.2)
(3) If the local distribution system operator is simultaneously a licence holder for the production of electricity for the electricity production plant located in the territory defined by its distribution licence, the production and distribution facilities of that electricity market participant shall be connected to the distribution system under the contract of the local distribution system operator pursuant to a special regulatory regulatory provision .3)
(3) The transmission and distribution payment includes the payment for the reserved capacity and network use, and is paid by the transmission system operator or the relevant distribution system to which the customer's equipment is connected. The transmission payment shall be agreed only for transmission system sampling. Payment for distribution shall be agreed for each of the following:
(a) for collection from a distribution system with a voltage between phases of more than 52 kV (hereinafter referred to as "voltage level sampling vvn");
(b) for the collection from a distribution system with a voltage between phases from 1 kV to 52 kV inclusive (hereinafter referred to as "voltage level vn"),
(c) for the collection from a distribution system with a voltage up to and including 1 kV (hereinafter referred to as "voltage level nn").
(4) A single component distribution price shall be applied to the voltage level nn.3)
(5) The cost of:
(a) covering additional costs associated with the purchase of electricity from renewable sources and from cogeneration pursuant to specific legislation, 4)
(b) Decentralised production;
(c) settlement of derogations relating to power losses in the distribution system;
(d) intermediation of payments for system services, renewable resources, combined electricity and heat production and decentralised production;
(e) a service of voltage and reactive power control in distribution systems.
(6) The reserved capacity for the demand point of the eligible customer or for the transfer point of the local distribution system operator is the contractual power over a given period. The transmission system operator or distribution system operator to which the demand facility of the authorised customer or the transfer point of the local distribution system operator is connected shall undertake to ensure the reserved capacity agreed in the transmission or distribution contract during that period and the customer or local distribution system operator shall undertake not to exceed that reserved capacity during that period by its demand. The reserved capacity may not be higher than the value of the reserved input agreed in the connection contract under the special legislature.3)
(7) The capacity reserved for the supply of distribution systems to customers whose facilities are connected to the local distribution system is negotiated by the local distribution system operator. This reserved capacity is the contractual performance over a given period at the transfer points between the distribution system and the local distribution system as defined in the distribution contract.
(8) Manufacturers, with the exception of self-producers, do not negotiate and do not pay for the reserved capacity for the points of connection of their electricity production. The location of the installation of the manufacturer intended to collect electricity for the own consumption of electricity or for the own consumption of electricity for the production of electricity and heat shall be considered as the location of the installation of the manufacturer.
(9) The electricity consumption of the transmission or distribution system manufacturer, including the electricity consumption for electricity generation or the electricity consumption for electricity and heat generation and the consumption of pumped-in hydropower plants, shall be paid at the price using networks.
(10) The payment for network use relates to the electricity actually withdrawn from the transmission or distribution system and is evaluated, accounted for and paid in the manner agreed in the contract, including advances.
(11) Transport of electricity involving transmission and distribution shall be arranged by an authorised customer or electricity dealer acting on its behalf with the transmission or distribution system operator to which the authorised customer's demand facility is connected.
(12) The negotiation of transmission and distribution contracts shall apply, in the case of an authorised customer, to a demand point or a summary thereof and in the case of a distribution system operator, to a summary of the transmission points agreed in the connection agreement. In relation to these locations, contracts shall be evaluated and invoiced by the TSO or the distribution system.
(13) The regulated transmission and distribution prices are reflected in all contracts concerned from the date of their validity, but not later than the time limit laid down by the specific legislation. 5)
(14) Within the framework of the annual preparation of operations under the special legislature6), the transmission system operator shall publish the annual marketable cross-border transmission capacity.
(15) The list of locations designated by the transmission system operators and distribution systems where there is a shortage of transmission or distribution capacity, in particular transmission points between neighbouring transmission systems and transmission points between transmission systems and distribution systems, in the case of interstate lines, the level of capacity to meet their capacity by reservation of performance in business hours, shall be published in advance by the system operators on the Internet.
(16) The prices for cross-border transactions applicable on 1 January of the relevant year shall be determined by the Authority before the allocation of annual cross-border transmission capacities to and from the electricity system. Further changes to this price are made by the Office in the context of commitments arising from international cross-border agreements concluded. In addition to the price for cross-border transactions established by the Office, a price may be set by the transmission system operator in the process of allocating cross-border transmission capacities.
2) Decree No. 306 / 2001 Coll., on the quality of electricity supply and related services in electricity.
3) Decree No. 18 / 2002 Coll., on the conditions of connection and transport of electricity in the electricity system.
4) Decree No. 252 / 2001 Coll., on the method of purchasing electricity from renewable sources and from cogeneration.
5) Paragraph 7 (1) of Act No. 526 / 1990 Coll., on Prices, as amended.
6) Decree No. 220 / 2001 Coll., on the dispatching order of the electricity system of the Czech Republic. "
10. in Article 6, paragraphs 4 to 9 read:
"(4) The payment for system services is a self-producer whose installation is connected to a transmission or regional distribution system and which receives electricity from a transmission or regional distribution system, paid together with the payment for the transmission or distribution of electricity to the transmission system operator or regional distribution system to which the plant itself is connected, on the basis of a power transmission or distribution contract.
(5) Payment for system services is not charged for electricity consumed for the drawing of pumped-in hydropower plants and for electricity exported abroad.
(6) The local consumption of category 1 producers is the foreign consumption on the premises of the production plant and the other consumption of the producer on the premises of the production plant not including the own consumption of electricity for electricity production or the own consumption of electricity for electricity and heat production.
(7) The local consumption of category 2 producers is electricity produced in a power plant and consumed by that producer or by another market participant without the use of a transmission or regional distribution system. The local consumption of category 2 producers does not include the own consumption of electricity for electricity production or the own consumption of electricity for electricity and heat production.
(8) The local consumption of producers is paid for by the reduced price for system services to the transmission or distribution system operator to which the system service payer's equipment is connected. System services for local consumption of category 1 producers are paid directly by the manufacturer. System services for local consumption of category 2 producers shall be paid by the local distribution system operator when the manufacturer's equipment is connected to the local distribution system of the operator. In cases where the manufacturer's equipment is not connected to the local distribution system, the system services shall be paid directly by the manufacturer of the second category. Payment is determined by the product of local consumption of producers and the price of system services in CZK / kWh in accordance with the price decision of the Office.
(9) In addition, payments for system services paid by distribution system operators shall be paid by the transmission system operator or distribution system operator to which the distribution system operator's installation is connected at least once a month. ';
11. in Article 6, paragraphs 10 to 12, including footnote 5, are added:
"(10) The costs of providing system services at distribution system level are taken into account in the distribution price.
(11) The price of system services shall be reflected in contracts from the date of its validity at the latest by the deadline laid down by the specific legislation. 5)
(12) The transmission system operators or distribution system operators to which the facilities of other distribution system operators are connected shall be transmitted data relating to the final consumption and production not involving the own consumption of electricity for electricity production or the own consumption of electricity for electricity and heat in the areas supplied by connected systems, that is in their designated territory, for the current month, by the seventh day of the following month. On the basis of these data, the TSO and the relevant distribution system operator shall charge payments for system services. The settlement of the resulting differences shall be made on a quarterly basis. ';
12. in Article 8 (2) to (4):
"(2) Bilateral electricity supply transactions other than cross-border transactions shall be submitted to the market operator for registration no later than 16.00 (2) days before the start of the business day on which the supply is to be made, this time being the conclusion of bilateral trading.
(3) For cross-border transactions, the transmission system operator shall be presented to the market operator with individual settlement diagrams no later than 12.30 hours 1 day before the start of the business day on which the delivery is to take place.
(4) In the short-term electricity market organised by the market operator, electricity may be offered or demanded for each hour of the 24 hours following the business day. '
13. in Paragraph 8, paragraphs 5 to 7, including footnote 7, are added:
"(5) Tenders for the purchase and sale of electricity shall be applied to the short-term electricity market under the special legislature7) organised by the market operator no later than 12: 00 1 day before the start of the business day on which the supply is due to take place, this time being the conclusion of short-term organised trading.
(6) Contracts for the supply of balancing electricity from abroad under Paragraph 9 (1) (j) may be concluded even after the conclusion of bilateral transactions and after the conclusion of short-term organised trading.
(7) Contracts for the supply of balancing electricity from abroad pursuant to Article 9 (1) (k) may be concluded by settlement entities in accordance with the procedure set out in the TSO's Transmission System Operating Rules pursuant to Article 24 (10) (f) of the Act (the "Transmission System Operation Rules").
7) Decree No. 19 / 2002 Coll., establishing the method of organising the short-term electricity market. '
14. in Paragraph 9 (1) (a), the word 'derogations' shall be deleted;
15. in Paragraph 9 (1) (b), the word "also" shall be inserted after the word "includes."
16. in Article 9 (1) (e) to (g):
"(e) a contract for the supply of electricity with an obligation to supply electricity to the electricity system; the contract is concluded by the producer or electricity trader who has already assumed an obligation to supply electricity to the electricity system, on the one hand, and the electricity trader accepting the obligation to supply electricity to the electricity system, on the other hand,
(f) a contract for the supply of electricity with an obligation to withdraw electricity from the electricity system; the contract is concluded by an authorised customer or electricity trader who has already assumed an obligation to withdraw electricity from the electricity system, or by a distribution system operator or transmission system operator to cover losses in the transmission system on the one hand, and an electricity trader accepting an obligation to withdraw electricity from the electricity system on the other,
(g) a contract for the supply of electricity in accordance with a fixed diagram not involving the assumption of responsibility for the derogation; the contract is concluded by a legitimate customer, producer or trader on the one hand and a trader or producer on the other, ';
17. in Article 9 (1), the following points (h) to (k) are added:
"(h) the balancing energy contract; the contract is concluded by the regulatory energy provider on the one hand and the market operator on the other,
(i) replacement contract; the contract includes transmission, distribution, system services and the taking-over of an authorised customer's obligation to withdraw electricity from the electricity system; the contract is concluded by the authorised customer on the one hand and by the distribution system operator to which the authorised customer's installation is connected, on the other hand,
(j) the transmission system operator's contract to supply regulatory energy from abroad to cover the system deviation; the contract is concluded by the transmission system operator on the one hand and by the regulatory energy provider abroad in agreement with the relevant foreign transmission system operator on the other,
(k) the contract of the clearing entity for the supply of balancing energy from abroad to cover the system deviation; the contract shall be concluded by the clearing entity on the one hand and by the regulatory energy provider abroad in agreement with the relevant foreign transmission system operator on the other. ';
18. Paragraph 9 (3) to (5) reads as follows:
"(3) The electricity supply contract referred to in paragraph 1 (a) shall include:
(a) the registration numbers of both settlement entities;
(b) the duration of the contract;
(c) establishing the obligation of the parties to supply electricity to the electricity system and to withdraw electricity from the electricity system;
(d) the diagram or method of determining it;
(e) the price or method of determining it;
(f) the total quantity of electricity supplied;
(g) the time of delivery.
(4) The electricity supply contract referred to in paragraph 1 (e) includes:
(a) the registration number of the entity accepting the undertaking to supply electricity to the electricity system;
(b) the registration number of the body transmitting the obligation to supply electricity to the electricity system;
(c) the determination of the undertaking and the conditions for its acceptance;
(d) the duration of the contract;
(e) a list of transmission points relating to the obligation to supply electricity to the electricity system.
(5) The electricity supply contract referred to in paragraph 1 (b), (c), (f) and (i) shall include:
(a) the registration number of the entity accepting the obligation to withdraw electricity from the electricity system;
(b) the registration number of the entity transmitting the obligation to withdraw electricity from the electricity system;
(c) the determination of the undertaking and the conditions for its acceptance;
(d) the duration of the contract;
(e) a list of transmission and demand points relating to the obligation to withdraw electricity from the electricity system. ';
19. In Article 9, the following paragraph 6 is inserted after paragraph 5:
"(6) The supply contract referred to in paragraph 1 (g) shall include:
(a) the contract supplier's registration number;
(b) the registration number of the contract buyer,
(c) a fixed diagram of the agreed hourly values of deliveries or withdrawals for the contractual period or the method of determining it;
(d) a list of the transfer and collection points for which a fixed diagram is provided, including the identification of the clearing entity's registration number, which has assumed responsibility for the derogation for those transfer and collection points;
(e) the duration of the contract. ";
20. Paragraph 9 (6) becomes paragraph 7 and reads:
"(7) The settlement agreement referred to in paragraph 1 (d) shall include:
(a) the identification details of the clearing entity, which are the name of the company, the registered office and the identification number, if any;
(b) registration number,
(c) the rights and obligations of the clearing entity;
(d) the rights and obligations of the market operator;
(e) the amount of financial collateral for payments;
(f) how payments are made,
(g) the duration of the contract;
(h) a list of its own transfer and collection points;
(i) the method of transmission and the nature of the data on the transfer and collection points;
(j) penalty provisions;
(k) the trading conditions of the market operator. ';
21. in Article 9, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) The trading conditions of the market operator referred to in paragraph 7 (k) shall include:
(a) procedures for clearing and settlement of derogations, including procedures for clearing differences in derogations due to corrections to actual electricity supply and consumption values;
(b) procedures for the organisation and settlement of the short-term electricity market;
(c) the method of determining the financial collateral of payments and the authorised form of financial collateral of payments;
(d) conditions for the use of financial collateral for payments;
(e) the way in which tax documents are issued;
(f) procedures for the application of complaints;
(g) procedures for changing the supplier of the authorised customer;
(h) procedures for providing supporting documents for invoicing an authorised customer.
(9) Proposals for changing trading conditions shall be published by the market operator for a period of at least 14 days on the website and subsequently submitted together with an evaluation of the comments received on the approval of the Authority. ';
22. in Paragraph 10 (1) (a), the word 'his' shall be deleted;
23. in Article 10 (1) (b):
"(b) a regime for the delegation of responsibility for a derogation under a contract pursuant to Article 9 (1) (c) or under a contract for the supply of electricity pursuant to Article 9 (1) (e) or the withdrawal of electricity from an electricity system pursuant to Article 9 (1) (f) and (i); the responsibility for the derogation relating to each individual demand point of the authorised customer or the sum of the transfer points of each individual production plant or the total of the transfer points for each individual designated territory of the distribution system operator may be transferred to only one clearing entity, directly or through another registered electricity market participant. ';
24. in Paragraph 10 (2), the word "eventual" shall be deleted;
25. in Article 10 (2), the word "electricity" shall be inserted after the word "supply."
26.In Paragraph 10 (3), "1.1.2002" is replaced by "1 January 2002."
27. in Article 10 (4) and (5):
"(4) Power market participants who have chosen a derogation delegation scheme and are equipped with type A measurement under a specific legislation (1) may have one or more suppliers or electricity customers. Where they have multiple suppliers or customers, it is established which of the contractors or customers has assumed responsibility for the derogation. The agreed value of supplies or withdrawals with other contractors or customers is considered to be fixed for the purpose of assessing the derogations, i.e. as realised. The request for multiple suppliers or customers shall be submitted to the market operator by the electricity market participant and the market participant who has assumed responsibility for the derogation. For each delegation of responsibility for the derogation, a market participant may have a maximum of nine contractual relations concluded under Paragraph 9 (1) (g).
(5) The effectiveness of the delegation of responsibility for the derogation of electricity market participants, other than final customers, is determined by the registration of data from contracts concluded pursuant to Article 9 (1) (e) and (f) by the market operator. The requirement to delegate the liability of such market participants shall be made to the market operator at least 7 days before the required liability transfer efficiency. The registered data shall be the data referred to in Article 9 (4) and (5), which shall allow the assignment of transfer and collection points and measured data to settlement entities. The market operator shall not be registered with such data from contracts concluded in accordance with Article 9 (1) (e) and (f) which do not allow all the transfer and collection points referred to in those contracts to be assigned and the actual amounts of electricity in those transfer and demand points to be allocated to settlement entities. ';
28. In Article 10, the following paragraph 6 is inserted after paragraph 5:
"(6) The effectiveness of contracts concluded pursuant to Paragraph 9 (1) (g) of the electricity market participants, other than final customers without any responsibility for the derogation, is determined by the registration of the contractual relationship with the electricity market operator. The requirement to register relations from these contracts shall be made to the market operator at least 7 days before the required efficiency, and only for the sum of the sampling or transfer points already in existence under the contract to take responsibility for the derogation of the relevant electricity market participant. In order to register the contractual relationship, the consent of the electricity market participant who has assumed responsibility for the points of demand concerned for the derogation from these points shall be required. ';
Paragraph 6 shall become paragraph 7.
29. in Article 10 (8) and (9):
"(8) In addition, technical data from participants' contracts with own responsibility for the derogation provided for in Article 9 (1) (a) shall be transmitted to the market operator for the conclusion of bilateral trading. The data are transmitted by the stock exchange, with a commitment to supply electricity to the electricity system and to withdraw electricity from the electricity system. The exchange is responsible for the accuracy of the transmitted values. The exchange of technical data from contracts shall be considered as confirmed by the market operator by the relevant clearing entities.
(9) Pending the conclusion of bilateral trade, the market participants registered with the market operator pursuant to Article 17 (5) shall be transmitted to the market operator with technical data from contracts concluded under Article 9 (1) (g). The market operator shall take into account contracts so concluded when assessing the deviations of the relevant settlement entities. ';
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Regulation Information
| Citation | Decree No. 12 / 2003 Coll., amending Decree No. 373 / 2001 Coll., laying down rules on the organisation of the electricity market and the principles of pricing for the activities of the market operator |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.01.2003 |
|---|---|
| Effective from | 01.02.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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