Act No. 131 / 2015 Coll.

Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws

Valid Law Effective from 01.01.2016
131
THE LAW
of 13 May 2015
amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Energy Act
Čl. I
Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in Energy Industries and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 350 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 158 / 2009 Coll., Act No. 420 / 2006 Coll., Act No. 458 / 2011 Coll., Act No. 165 / 2012 Coll., Act No. 250 / 2003 Coll., Act No. 124 / 2008 Coll., Act No. 155., Act No. 158 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll.
1. footnotes 1 and 1a are as follows:
"(1) Directive 2009 / 72 / EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003 / 54 / EC. Directive 2009 / 73 / EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003 / 55 / EC. Directive 2006 / 32 / EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93 / 76 / EEC. Directive 2005 / 89 / EC of the European Parliament and of the Council of 18 January 2006 on measures to safeguard the supply of electricity and investment in infrastructure. Directive 2012 / 27 / EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 / 125 / EC and 2010 / 30 / EU and repealing Directives 2004 / 8 / EC and 2006 / 32 / EC. Directive 2011 / 83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93 / 13 / EEC and Directive 1999 / 44 / EC of the European Parliament and of the Council and repealing Council Directive 85 / 577 / EEC and Directive 97 / 7 / EC of the European Parliament and of the Council.
(1a) Regulation (EC) No 713 / 2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators. Regulation (EC) No 714 / 2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228 / 2003. Regulation (EC) No 715 / 2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to gas transmission networks and repealing Regulation (EC) No 1775 / 2005. Regulation (EC) No 617 / 2010 of the European Parliament and of the Council of 24 June 2010 on the obligation to inform the Commission about investment projects in energy infrastructure within the European Union and repealing Regulation (EC) No 736 / 96. Regulation (EU) No 994 / 2010 of the European Parliament and of the Council of 20 October 2010 on measures to ensure security of gas supply and repealing Council Directive 2004 / 67 / EC. Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009. Regulation (EU) No 1227 / 2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of the wholesale energy market. ';
2. in Article 2 (1), point (a) is deleted;
Points (b) to (g) shall be renumbered as points (a) to (f).
3. in Article 2 (1), points (b) to (d) shall be deleted;
Points (e) and (f) shall be renumbered points (b) and (c).
4. In Paragraph 2 (1) (b), the words "undertaking 'are replaced by the words" business establishment'.
5. In Paragraph 2 (1), at the end of the newly marked point (c), the dot is replaced by a comma and the following point (d) is inserted:
"(d) protected information in any form which has the character of a commercial secret or other legally protected information or information of a commercial, technical or financial nature obtained in the performance of the activity of a licence holder which is not publicly available;"
6. in Article 2 (2) (a) (6), the words "which are connected to the transmission or distribution system" shall be inserted after the words "place,";
7. in Article 2 (2) (a) (9), the words "sampling point" shall be replaced by the words "electricity collection point."
8. in Paragraph 2 (2) (a) (17):
"17th customer, the person buying electricity for his own final use at the point of collection,"
9. in Article 2 (2) (a), the following points 19 to 21 are added:
"19th related electricity service, transmission system service or distribution system service,
20. a transmission system service providing electricity, system services and services related to ensuring the reliable and secure operation of the transmission system;
21. A distribution system service providing electricity distribution and services related to ensuring the reliable and secure operation of the distribution system; ';
10. in Article 2 (2) (b) (8):
"8. gas equipment of gas plant, transmission system, distribution system, gas storage, pipeline and direct pipeline, '.
11. in Article 2 (2) (b) (9), the word "lamp gas," shall be deleted and the word "biogas" shall be replaced by "biomethane."
12. in Article 2 (2) (b) (11) and (12):
"11. pipeline connection to a device starting with a departure from the distribution system pipeline and ending before the main gas closure; This device serves for connecting the gas sampling device,
12. gas equipment gas equipment, gas water connections not owned by the distribution system operator, demand gas equipment, liquefied gas storage tanks, gas tanks, fillers, liquefaction and evaporation stations, '.
13. in Article 2 (2) (b), point 14 shall be deleted;
Points 15 to 27 shall become points 14 to 26.
14. in § 2 (2) (b) (25):
"25. A customer who purchases gas for its own final use at the sampling point,"
15. in Article 2 (2) (b), the following points 27 to 30 are added:
"27. related gas transport service or distribution system service,
28. gas transmission service providing gas transmission by the transmission system, including activities related to ensuring the reliable and secure operation of the transmission system,
29. gas distribution system distribution service by the distribution system, including activities related to ensuring the reliable and secure operation of the distribution system;
30. Gas storage service, including activities related to the security of the reliable and secure operation of the gas system by the gas storage unit operator in its operating gas storage tank, ';
16. in Paragraph 2 (2) (c) (1), the words "owner or charterer of distribution heat" shall be replaced by the words "person who has the right of ownership or use for distribution heat" and the word "or" shall be replaced by "or."
17. in § 2 (2) (c) (2):
"2. the supplier of the heat energy of the manufacturer or the distributor of the heat energy which supplies heat energy to another person;"
18. in Article 2 (2) (c) (4) and (5):
"4. the customer is a person who purchases heat energy for its final use and collects the purchased heat energy by means of a sampling thermal device which is directly connected to the distribution heat equipment or heat energy source;
5. by the thermal energy distributor or the customer, '.
19. in Article 2 (2) (c) (6), the word "deliveries" shall be deleted and the words "heat energy" shall be inserted after the word "distributor."
20. in Article 2 (2) (c) (7), the words "heat energy" shall be inserted after the words "supplier" and after the words "customer."
21. in Paragraph 2 (2) (c) (8):
"8. heat collection equipment of a device connected to a heat source or to a heating distribution device and intended for the collection of heat energy and the consumption of heat energy in an object or part thereof, ';
22. in Paragraph 2 (2) (c) (9), the words "warm-matter or its" shall be inserted after the words "transformation."
23. in Article 2 (2) (c) (11):
"11. heat distribution equipment of heat energy transport equipment consisting of heat networks, transmission stations and heat connections; the transmission station or thermal connection is part of the distribution heat equipment, where the thermal energy distributor has a right of ownership or use; Part of the heating distribution system is related to control, signalling and data transmission systems; ';
24. in Paragraph 2 (2) (c) (12), the words "complete construction work" shall be replaced by "construction or construction" and the words "one" shall be deleted;
25. in Paragraph 2 (2), at the end of point (c), the dot is replaced by a comma and the following point 15 is added:
"15th thermal connection of the part of the heat network which allows the supply of heat energy for only one object. ';
26. in Paragraph 3 (3):
"(3) Under the conditions laid down by this Act, persons may engage in energy industries within the Czech Republic only on the basis of a licence granted by the Energy Regulatory Authority. In addition, a licence shall be required for the production of electricity in power plants with an installed power output of more than 10 kW intended for the customer's own consumption if the electricity generation plant is connected to a transmission system or distribution system, or for the production of electricity produced in power plants with an installed power output of up to and including 10 kW, intended for the customer's own consumption when another electricity production of the licence holder is connected at the same demand point. ';
27. In Article 3, the following paragraph 4 is inserted after paragraph 3:
"(4) No licence required
(a) the trade, production, distribution and storage of coke oven gas, clean, degaussing and generator gas, biomethane, propane, butane and their mixtures, except for distribution by pipeline systems to which more than 50 sampling points are attached;
(b) the production of heat energy intended for one customer's object. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
28. Paragraph 3 (5), including footnote 25, reads:
"(5) Natural and legal persons whose business is the filling of propane, butane and their mixtures into propane-butane bottles are required to ensure that pressure tests are carried out on a regular basis, control and repair of their own bottles. It shall be prohibited to fill propane, butane and their mixtures in bottles with non-compliant periodic testing or in bottles not complying with the technical requirements for bottles intended for filling propane, butane and mixtures thereof in accordance with the specific legislation25. Implementation of propane-butane bottles without the consent of the owner shall be prohibited.
25) Act No. 174 / 1968 Coll., as amended. Act No. 22 / 1997 Coll., as amended. Government Regulation No. 208 / 2011 Coll. International Agreement on the Carriage of Dangerous Goods by Road (ADR), as amended. EN 1439. ';
29. in Paragraph 4 (1):
"(1) Licences shall be granted:
(a) not more than 25 years,
1. electricity generation;
2. gas production;
3. heat energy generation;
(b) for an indefinite period, namely:
1. electricity transmission;
2. transport of gas.
3. electricity distribution,
4. gas distribution,
5. storage of gas,
6. heat energy distribution,
7. the activities of the market operator,
(c) for a period of 5 years, namely:
1. trade in electricity;
2. gas trade. ';
30. Paragraph 4 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
31. in Article 4 (3), the words "ownership or other" shall be replaced by the words "ownership or" 25 years "shall be replaced by the words" period of validity of the licence provided for in paragraph 1, "the words" licence shall be granted "shall be replaced by" period of validity of the right to property or use. "
32. in Article 5 (1):
"(1) The condition for granting a licence to a natural person shall be:
(a) full independence;
(b) integrity,
(c) the competence or provisions of the responsible representative in accordance with Article 6. ';
33.In Article 5 (2), "(a) to (c)" is replaced by "(a) and (b)";
34. In Article 5, the following paragraph 9 is added:
"(9) Without a licence for the production of electricity, a licence for the production of gas or a licence for the production of heat energy, a person may operate an electricity, a gas or a heat energy source to the extent necessary to the appropriate technical nature of the installation in order to verify the technical assumptions referred to in paragraph 7 (hereinafter referred to as" technology verification operation '); a condition is the connection of the electricity generation plant in accordance with the connection contract and the agreement with which the supply of electricity or gas produced during the operation for the verification of the technology to another party to the electricity or gas market, or the supply of heat energy to the customer of the heat energy. The operation for the verification of the technology and its estimated duration shall be notified by the person at least 30 days before the start or, where applicable, by extension of the operation for the verification of the technology to the Energy Regulatory Authority. Operation for the verification of a technology lasting more than 1 year shall be possible only on the basis of the consent given by the Energy Regulatory Authority at the request of the person operating the electricity, gas or thermal energy plant. The Energy Regulatory Authority shall grant approval if the applicant demonstrates that the operation for the verification of the technology for more than 1 year is necessary due to the nature of the technological equipment, the expected complexity or the achievement of the operation for the verification of the technology. For the period of operation for the verification of the technology, the provisions of this Act applicable to electricity producers, gas producers or heat energy producers shall apply mutatis mutandis to the person operating the production of the electricity, gas production or heat energy.';
35. in Article 6, paragraph 3 is deleted;
Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.
36. in Paragraph 7 (2) (b), "instead of" shall be deleted.
37. in Article 7 (3) (a), the words "the statutory body or its members" are replaced by the words "a member of the statutory body."
38. in Paragraph 7 (3) (b), "instead of" shall be deleted.
39. in Article 7 (4) (a):
"(a) a copy of the instrument proving the formation of a legal person, unless that person is registered in a public register; a foreign legal person shall attach an extract from a commercial or similar register held in the State of the registered office and proof of the operation of the business establishment abroad; ';
40. in Article 7 (4) (b), the words "the statutory body or its" shall be deleted and the words "the statutory body" shall be inserted after the words "the member."
(41) In Article 7 (4) (f), the words "and that no representative for the licensed activity is appointed for another licence holder" shall be deleted.
42. In Paragraph 7 (4) (g), the word "undertaking" is replaced by "business establishment" and the word "undertaking" is replaced by "business establishment."
43.Paragraph 7 (5) reads as follows:
"(5) For the purpose of demonstrating:
(a) the integrity of the applicant shall require, in accordance with special legislation, 1d) an extract from the Register of Penalties; an application for an extract from the Penal Register and an extract from the Penalty Register shall be sent in electronic form through public data networks;
(b) the entry in the public register of the applicant shall require an extract from the public register or verify such fact in the public administration information system, unless the applicant has added such documents to the application for a licence or an application for amendment of the decision granting the licence. Where an extract from the cadastral is required for an application for a licence, the Energy Regulatory Authority shall request an extract from the cadastral or verify that fact in the public administration information system, unless the applicant has added such documents to the licence application or the application for amendment of the licence decision. ';
44. in Article 7a (2), the last sentence is deleted;
45. in Article 8 (2) (a), the words "or the date of birth" shall be inserted after the words "or the date of birth," and the words "the birth number and the identification number, if assigned or the date of birth," shall be deleted;
46. in Paragraph 8 (2) (b), "instead of" shall be deleted.
47. Paragraph 8 (8) reads:
"(8) The list of decisions granting, amending or revoking the licence and the content of those decisions, with the exception of protected information, shall be published by the Energy Regulatory Authority in the Energy Regulatory Journal. ';
48. In Paragraph 9, the following sentence is added at the end of paragraph 1: "The obligation to submit documents and to request a change according to the previous sentence shall not apply to changes already registered in the basic registers and to the new energy installations of the transmission system operator, transmission system operator, distribution system operator and the holder of a heat distribution licence which has been built within the territory in which the relevant energy operator holds the corresponding licence. The transmission system operator, the transmission system operator, the distribution system operator and the holder of the heat distribution licence shall notify to the Energy Regulatory Authority, by 30 April at the latest, within the regulatory reporting framework of the aggregated changes to the energy installations operated by it during the previous calendar year for newly built energy installations, energy installations obtained or energy installations which have ceased to be used for their licensed activities, including those removed energy installations in their designated territories. The Energy Regulatory Authority shall, on the basis of the amendments referred to in the previous sentence, initiate an ex officio procedure for the amendment of the licence. ';
49. in Paragraph 9 (2):
"(2) Upon request pursuant to paragraph 1, the Energy Regulatory Authority shall decide to amend the decision granting the licence. ';
50. in Paragraph 10 (1) (a), "9 to 11" is replaced by "8 to 10."
51. in Article 10 (1) (b), the words "or transformation" shall be inserted after the word "demise" and the words "not for cases referred to in paragraph 11" shall be added at the end of the text of point (b);
52. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 1 and the following point (e) is added:
"(e) a decision by the court to revoke the licence."
53. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 3 and the following point (d) is added:
"(d) the licence holder has not properly paid the regulated price of the distribution system service, the regulated price of the transmission system service or the regulated price of the gas transmission service to the relevant distribution system operator, transmission system operator or transmission system operator, even after notification."
54. Paragraph 10 (7) is deleted.
Paragraphs 8 to 11 shall be renumbered paragraphs 7 to 10.
55. in Article 10 (7), the words "pursuant to paragraph 7" shall be deleted;
56. in Paragraph 10 (8) (d), the words "the estate manager" shall be replaced by the words "the estate manager or the executor of the will."
57. Paragraph 10 (9) reads:
"(9) Where a person or persons continue to pursue the activity of the licensed activity until the end of the proceedings, they shall notify the Energy Regulatory Authority in writing within 3 months of the date of death of the licence holder or the date of death or the commencement of the proceedings for death. The administrator of the estate or the executor of the will shall notify the Energy Regulatory Authority of the continuation of the licensed activity within 3 months of the date of taking office. ';
58. In Paragraph 10 (10), "9 (b) 'is replaced by" 8 (c)';
59. In Article 10, the following paragraph 11 is added:
"(11) In the conversion of a legal person, the legal successor of the licence holder or the legal person resulting from the separation may continue to pursue the licensed activity on the basis of a decision granting the licence to the transformed legal person, provided that, within 1 month of the date of the legal effects of the conversion, he notifies the continuation of the licensed activity to the Energy Regulatory Authority, at the same time submitting an application for a licence for an activity which he carries out under the decision granting the licence to the transformed legal person. Until a decision has been taken by the Energy Regulatory Authority to grant a licence for a transformed legal person or legal person resulting from the separation, the legal successor or legal person resulting from the separation shall continue to perform the licensed activity, with the date of first entry into service of the production plant being maintained. By issuing a decision to the Energy Regulatory Authority on an application for a licence to the legal successor or legal person resulting from the separation, the licence shall cease to be converted into a legal person. ';
60. in Paragraph 10a (2), the words "or could stop" shall be deleted.
61. in Paragraph 10a (3), the words "could lead" shall be replaced by "lead."
62. In Paragraph 11 (1) (e), the comma after the words "to provide the Ministry" is replaced by "and" and State Energy Inspection "is deleted.
63.In Article 11 (1) (f):
"(f) to charge the supply of electricity, gas, heat and related electricity and gas services,"
64. in Article 11 (1) (k):
"(k) refrain from all activities which may impede the demand for energy services5a) or other measures aimed at improving energy efficiency and providing them or which could impede the development of the markets for these services;"
65. In Article 11, at the end of paragraph 1, the dot is replaced by a comma and the following points (n) to (r) are added:
"(n) submit to the Energy Regulatory Authority the supporting documents necessary for the processing of quarterly and annual reports on the operation of systems in the energy sector;
(o) at the request of a consumer, make available to the designated energy service provider the energy supply bill data and the energy consumption data for at least three preceding settlement periods;
(p) offer customers the possibility of transmitting information on the billing of energy supplies and related services in electronic form and providing, on request, a clear and understandable explanation of the way in which their accounts have been drawn up;
(q) provide the market operator with documentation for the processing of the report on the future expected consumption of electricity and gas and on how the balance between supply and demand for electricity and gas is ensured;
(r) provide data from the technical infrastructure records kept under the construction law at the request of a person who demonstrates a legal interest. "
66. In Article 11 (2), the words "emergency situations (1e) and" co-operating "shall be inserted after the words" in the solution "and" co-operating "shall be replaced by the words" co-operating with permanent authorities to coordinate the components of the integrated rescue system( 1e) and. "
67. Footnote 1e:
"(1e) Act No. 239 / 2000 Coll., on an integrated rescue system and amending certain laws, as amended."
68. Paragraph 11 (5) is deleted.
69. In the last sentence of Paragraph 11a (1), the word "Amendments" shall be replaced by "Increase" and the words "be published" shall be inserted after the words "be published," and the words "30 days" shall be replaced by the words "30 days." The following sentence shall be added at the end of the paragraph: "If the method of notification is not agreed in the contract, the licence holder shall notify the customer of any increase in the price of the supply of electricity or gas or of any change in other conditions of supply of electricity or gas in a demonstrable manner."
70. Paragraph 11a (2), including footnote 1, reads:
"(2) In the case of a contract for the supply of electricity, gas or thermal energy or a contract for combined electricity or gas supply services concluded by a customer in the form of a consumer with a licence holder in a distance or outside the premises of the licence holder, the 14-day period for withdrawal under the special legislature1 shall run from the date of its conclusion.
1) Act No. 89 / 2012 Coll., Civil Code, as amended. '
71.In Article 11a, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) In the case of a contract for the supply of electricity or gas or a contract for a combined service of supply of electricity or gas which, when the supplier is changed, has been concluded by the customer in the form of a distance or outside the premises of the licence holder, the customer shall be entitled, without penalty, to terminate the contract for an indefinite or specified period within the 15th day following the start of the supply of electricity or gas. The time limit shall be maintained if the notice is sent to the licence holder in the course of that period. The period of notice shall be 15 days and shall begin on the first day of the month following receipt of the notice. This is without prejudice to the rights and obligations of the customer and the licence holder under this Act concerning the agreed termination of an indefinite contract.
(4) In case of doubt, it shall be up to the licence holder who has concluded the contract with the customer to prove that the contract has not been concluded in a distance or outside the commercial premises. ';
Paragraphs 3 to 7 shall be renumbered paragraphs 5 to 9.
72. In Paragraph 11a (5), the words "30 days" shall be replaced by the words "30 days," the words "10 days" shall be replaced by the words "day 10," and after the last sentence, the sentence "The right of withdrawal under this paragraph shall not arise in the event of an increase in the regulated component of price, taxes and charges, as well as in the event of a change in other contractual conditions to the extent necessary to ensure compliance with generally binding legislation."
73.In Paragraph 11a (9):
"(9) Where the licence holder applies advance payment for the supply of electricity, gas, electricity, gas production or heat energy to the supplier of the heat energy or electricity, advance payments shall not exceed the reasonable estimated consumption of electricity, gas or heat in the following accounting period. ';
74. Paragraph 12 (1) shall be supplemented by the following: "Where the licence holder ceases to enjoy the right to use the energy equipment in question, the obligation to supply heat energy, the obligation to distribute electricity or to distribute gas beyond the licence shall be understood to mean the obligation to continue the licensed activity by that licence holder. The owner of the energy installation concerned shall in this case be obliged to provide and perform the licensed activity. ';
75. in Paragraph 12 (4):

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Regulation Information

CitationAct No. 131 / 2015 Coll., amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation05.06.2015
Effective from01.01.2016
Effective until-
Status Valid
The regulation text is for informational purposes only.
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