Decree No. 143 / 1964 Coll.

Ordinance of the Ministry of Fuel issuing basic conditions for the supply of heating gases, oil and gazoline

Valid Effective from 01.07.1964
143
DECLARATION
Ministry of Fuel
of 29 June 1964
issuing basic conditions for the supply of heating gases, oil and gazoline
The Ministry of Fuel, in agreement with the participating central authorities and after approval by the main arbiter of the Czechoslovak Socialist Republic, provides for Article 392 of Economic Code No. 109 / 1964 Coll. (hereinafter referred to as "the Act"):

Oddíl první

Preliminary provisions
§ 1
Scope
This decree regulates all supplies of heating gases, i.e. gas lamps, ground gases (diesel and carbon), coke oven gas, liquefied heating gas (propane-butane) and oil and gazoline supplies; However, it shall not apply to supplies for export and from imports.
§ 2
Range of deliveries
(1) An annual planned supply of heat gas in the wholesale range shall be considered to be the annual supply of the technically pure lamp and coke oven gas, which on average exceed 10 000 m3 per month and 5000 m3 per month for the same customer; other supplies shall be considered as retail supplies.
(2) The sampling point for the supply of heating gases is a locally separated customer's workplace where the consumption of heating gases, whether by one or more meters, is measured. The technical design of the connection to the pipeline network is crucial in doubt.
(3) Deliveries of liquefied heating gas (propane-butane) to the wholesale range are considered to be annual deliveries to one customer in excess of 3000 kg; other deliveries are considered to be retail supplies.

Oddíl druhý

Supply of heating gases from the pipeline network
(Articles 165 and 166 of the Law)
§ 3
Contract for the supply of heating gases in the wholesale range
(1) The contracts for the supply of heating gases in the wholesale range are concluded for the whole year, broken down into individual quarters by type of heating gases and supplemented by monthly or decade-long sampling diagrams; where justified, sampling diagrams may be agreed for shorter periods.
(2) Contracts shall be concluded separately for each sampling point, unless the organisation agrees to conclude a single contract with the distribution of the sampling points.
§ 4
Arrangement of the sampling diagram
(1) The collector must send a draft sampling diagram to the supplier in duplicate for each sampling point no later than 25 days before the beginning of the quarter; The sampling diagram shall include a breakdown of the quarterly quantity of heating gases by species per month, decade, day, and, where appropriate, per shift. In the draft diagram, the customer shall indicate the expected irregularities in the heating gas collection.
(2) If the supplier does not agree with the draft sample diagram, he shall submit to the customer no later than 10 days after receipt of the draft amendments and supplements; If not, the diagram is valid according to the customer's proposal.
(3) If the customer does not agree with the draft amendments and supplements submitted by the supplier, the customer shall be obliged to discuss the draft amendments and additions within 10 days; If no agreement is reached, he shall submit the dispute within the same time limit to a decision on economic arbitrage. If the customer does not do so, or until the arbitration authority has decided on a dispute, the supplier shall be entitled to supply the contract on the basis of his proposal, taking into account the urgent needs of the customer.
(4) The quantity of heating gases determined by the sampling diagram may only be delivered within a specified period.
(5) For newly built plants, the supplier may, at the time of entry into service, authorise the procurement under the special conditions agreed in the economic contract.
§ 5
Change in sample diagram
Organisations may agree to change the sampling diagram. Where such a change is requested by the customer, it shall do so within the following time limits before the beginning of the specified period:
(a) no later than the day in advance of the agreed daily or exchange chart,
(b) not later than 3 days in advance on the agreed decade diagram,
(c) not later than 1 week before the agreed monthly diagram.
§ 6
Contract for the supply of heating gases in the retail range
(1) The contract for the supply of gas in the retail range is concluded by confirming the application for the purchase of heating gases (the application); the application is submitted by the customer to the supplier prior to connection or prior to extension of the purchase. The supplier shall issue the application form to the customer free of charge. The supplier shall return one copy of the validated application to the customer.
(2) At the same time as the application, the customer shall submit to the supplier:
(a) confirmation by the owner (s) of the property that it agrees to the establishment of a demand gas facility in its premises;
(b) a statement by the inspection authorities of the natural gas undertaking that the gas sampling plant complies with technical standards or other legislation and that its technical examination has been carried out.
(3) For customers whose annual planned take-off or actual take-off for the previous year exceeds 60 000 m3 of lamp or coke oven gas technically pure or 30 000 m3 of ground gas (diesel or carbon), the customer is required to submit, at the supplier's request, a quarterly breakdown of the consumption, broken down by month.
§ 7
Negotiation and amendment of the quarterly consumption breakdown
(1) The quarterly schedule of consumption shall be submitted by the customer to the supplier no later than 25 days before the beginning of the quarter in duplicate.
(2) If the customer requests a change in the quantity established by the quarterly breakdown of consumption per month, he shall be obliged to apply for it no later than one week before the beginning of the period.
§ 8
Change of customer
Where another customer takes over the premises in which the gas collection facility is connected to the gas pipeline network, he shall notify the supplier within 3 days of receipt of the gas demand facility of the status of the meters (gas meter or measuring device) and submit an application within 8 days or within the same time limit in writing to the supplier that he does not intend to withdraw the heating gases.
§ 9
Change of connected sampling facilities
(1) The collector who collects heating gases in the wholesale range and wants to use other appliances is obliged to request a new determination of the fuel base for gas appliances. *)
(2) A collector who collects heating gases in the retail range and wants to increase the consumption by using appliances other than those specified in the application or by adjusting the appliances in such a way that it would require a change of measuring instruments (gas or measuring equipment) or gas connection, is obliged to submit a new application.
§ 10
Cancellation of the contract for the supply of heating gases in the retail range
(1) If the customer notifies the cancellation of the contract at least 8 days in advance, the supplier shall be obliged to accept it. In such cases, the customer is obliged to allow the supplier to carry out the last deduction as well as the measure related to the termination of the supply.
(2) If the customer does not request the termination of the contract and does not allow the execution of the deduction, he shall be obliged to pay the heating gases collected until the application has been filed by the new customer or the supply of heating gases has ceased.
(3) If the customer does not withdraw heating gases without a serious reason for at least 6 months, he is obliged to agree to the supplier's proposal to cancel the contract. The supplier is entitled to stop the supply of heating gases and to take measures related to the termination of the supply.
Delivery conditions
§ 11
Tolerance and operating pressure
(to Section 175 of the Act)
(1) The tolerance allowed for the supply of heating gases is ± 5%.
(2) If the level of the operating pressure is not agreed in the contract, the heating gases shall be supplied under an overpressure specified by the technical standard. * *)
§ 12
Delivery performance
(to Section 168 of the Act)
The supply is satisfied by switching the heating gas over the main cap. * * *)
§ 13
Heating gas distribution outside the plant
(1) Without the consent of the supplier, the customer may not leave heating gases to other customers or distribute them off the site of the plant or off the premises; that consent is given by the supplier only in cases where their separate connection would be uneconomical.
(2) Even in these cases, the supplier is in the same way as if the gas had been taken by itself. it is therefore obliged to ensure that all the regulations and measures relating to gas collection and management are maintained for customers so connected.
§ 14
Obligation to record heating gas consumption
(1) The collector who collects heating gases in the wholesale range must regularly and properly record the actual quantities of heating gases collected over a period corresponding to the time range of the sampling diagram:
(a) in the case of an exchange sample diagram immediately after each shift has been completed;
(b) other sampling diagrams per day after the end of working time.
(2) The amount of heating gases collected shall be determined by subtracting the state of the measuring device and by converting it into basic volume units. *) The quantity of heating gases so determined shall be reported by the customer to the supplier by means of a form issued by the Ministry of Fuel, on the next day's exchange chart and on other sampling diagrams no later than three days after the end of the reference period.
(3) Collectors who are obliged to negotiate with the supplier a quarterly consumption schedule (Section 6 (3)) are obliged to report to the supplier the actual quantity of heating gases collected during the previous month no later than three days after its expiry on a form issued by the Ministry of Fuel.
(4) Collectors who collect heating gases in the retail range are required to report to the supplier the quantities of heating gases actually collected during the previous month no later than 2 days after the date of expiry on a form issued by the supplier.
§ 15
Limitation or interruption of heating gas 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; customers who collect heating gases in the wholesale range shall be consulted on this measure at least 30 days before the sampling chart is agreed;
(b) if, after prior consultation, a permanent change in the nominal pressure or the type of heating gases supplied * * is made;
(c) on grounds of natural disasters;
(d) in the implementation of regulatory and dispatching measures on the basis of the sampling stages for the management of the supply and take-off of heating gases;
(e) when repairing failures and unplanned maintenance and revision work;
(f) in the case where the customer who collects heating gases in the wholesale range permanently collects, without agreement with the supplier, a quantity of heating gases higher than the agreed sampling diagram or uses appliances other than those specified in the application or the decision to allocate the fuel base;
(g) if the gas sampling equipment does not comply with technical standards and special regulations to the extent that it may endanger the safety of people or property;
(h) where the customer makes it impossible for the supplier to access the gas meter or measuring equipment or, where appropriate, to access the gas demand facility;
(i) where the customer has been found to have obtained an unauthorised purchase;
(j) where the customer changes the number or size of the gas sampling devices (appliances) without the supplier's consent;
(k) if the customer fails to comply with the order for the removal of defects in the sampling gas installation or does not remove the device which causes an exceptional drop or variation of pressure in other customers;
(l) if the customer leaves heating gases to other customers without the consent of the supplier (§ 13).
§ 16
(1) The exact date of limitation or interruption of the supply of heating gases for the implementation of the planned maintenance and revision work discussed in accordance with Paragraph 15 (a) shall be the supplier's obligation to notify the customers accordingly; for customers who collect heating gases in the wholesale range within 10 days, for other customers 24 hours in advance.
(2) Other cases of limitation or interruption of the supply of heating gases shall be notified by the supplier without undue delay as soon as the fact or necessity justifying the measure has occurred. The supplier may only interrupt the supply of heating gases to customers who collect heating gases in the wholesale range for the reasons set out in § 15 (g) - (i) after prior written notice by the customer or, where appropriate, by his superior body.
§ 17
The collector may restrict or suspend the consumption of heating gases for the reasons set out in Sections 15 (a), 15 (c) and (e), but is obliged to do so mutatis mutandis in accordance with Section 16.
§ 18
The interrupted supply of heating gases shall be restored by the supplier after the removal of the defects for which the supply has been interrupted.
§ 19
Unauthorised collection
(1) Unauthorised procurement shall be considered as:
(a) where the customer collects heating gases without contract (Sections 3 and 6), or where the customer collects heating gases without assigned fuel base *) or uses heating gases for purposes other than those laid down in the fuel base allocation decision;
(b) when the customer collects heating gases not measured by the supplier's measuring instruments;
(c) where the customer collects heating gases for purposes other than those agreed;
(d) if the customer has taken such measures that the gas meter or measuring device does not either record consumption or record it incorrectly to the detriment of the supplier, or if the customer uses such equipment;
(e) if the gas meter or measuring device, factory, brand, or company seal has been damaged and if the customer has not reported it to the supplier no later than three days after he has found it,
(f) if the customer fails to fulfil the obligations imposed on him in § 8.
(2) The quantity of heating gases unduly collected and not measured or incorrectly measured shall be determined by the sum of the maximum consumption of all customers of the identified appliances for 8 hours a day, multiplied by the number of days of unauthorised collection. If it is not possible to determine the total period of unauthorised gas collection, the entire last deduction period shall be invoiced.
(3) The amounts calculated in accordance with paragraph 2 shall be added to the costs associated with the detection of unauthorised collection, but not less than 20 CZK. The aggregate amount charged for undue collection shall be reduced by the amounts paid for the collection at the time of the undue collection.

Oddíl třetí

Supply of heating gases to the pipeline network
(Articles 165 and 166 of the Law)
§ 20
Contracts for the supply of heating gases to the pipeline network
(1) The contracts for the supply of heating gases to the pipeline network are concluded for the whole year, with the allocation of the quantity of heating gases into individual quarters and into individual sources. During the year, contracts shall be supplemented by monthly delivery arrangements with a breakdown of the quantities per day and an indication of the amount of hourly deliveries to the pipeline network; where justified, delivery arrangements may be agreed for shorter periods of time.
(2) The contract shall also provide:
(a) tolerance (daily and monthly),
(b) transmission pressure,
(c) place of delivery;
(d) the method of keeping records of the quantity actually delivered and of its reporting to the customer.
(3) The draft contract is submitted as a customer by a gas organisation, which carries out gestures in the gas sector * *), to a manufacturing company (suppliers * *), no later than 45 days before the beginning of the year. The supplier shall be obliged to comment on the draft contract within 15 days of the date of its submission.
§ 21
Negotiation of delivery arrangements
(1) The collector is obliged to send to the supplier 25 days before the beginning of each month in 3 copies of a delivery scheme containing the following information:
(a) a breakdown of the quarterly quantity of heating gas supplies for the month concerned, broken down into weeks and individual days (including working days);
(b) the required rapid daily performance,
(c) minimum and maximum hourly deliveries to the pipeline network required;
(d) the planned general and medium-term repair of the gas plant or resources in the month.
(2) The supplier is obliged to supplement the design of the supply regime with data on anticipated irregularities in the supply of heating gases to the pipeline network, technical and / or operational measures to ensure gas supply and emergency measures, and to send them to the customer within 10 days of receipt. If the supplier does not agree to the supply arrangements, he shall, within the same period, discuss the proposal with the customer; If no agreement is reached, the two organisations shall present the dispute to their superior authorities. The same goes for the customer if he does not agree to the addition of the delivery scheme proposal. Pending the decision of the dispute, deliveries shall be made in accordance with a proposal submitted by the customer.
(3) The quantity of heating gases provided for in the delivery regime may only be delivered within a specified period.

Oddíl čtvrtý

Quality and measurement of quantity of supplied heating gases
(to § 172 to 175 of the Act)
§ 22
Quality of heating gases
(1) The quality of heating gases shall be determined by means of apparatus or analysis of heating gases.
(2) For the determination of the quality characteristics of heating gases (combustion heat, flammable properties, etc.) *, the registration devices or the periodically recorded values of the fuel gas supplier's measuring equipment are mandatory. If the supplier agrees with the customer, the data of officially validated customer meters may also serve as binding. In the case of supplies from the pipeline network, the means and dates for verifying the accuracy of the data of these meters shall also be agreed with the customer.
(3) For the determination of the values of the quality characteristics resulting from the analysis of heating gases, the standard analyses shall be the average fluently sampled within 24 hours. Analyses carried out according to technical standards or recognised usual analytical methods shall be considered as standard. The time interval of the average sample may be agreed otherwise with the supplier.
Measurement of heating gases
§ 23
(1) The quantity of fuel gases supplied is measured by the supplier. A collector who collects heating gases in the wholesale range is obliged to set up on his load around the measuring equipment a trawl, closed with a slide and fitted with a seal. Only the supplier shall be allowed to open the hoop slide. For the period when the customer collects the heating gases so measured, their consumption shall be accounted for in advance or according to the daily average of the previous 3 periods (months).
(2) The gas supplier to the gas pipeline shall be obliged to allow inspection and, where appropriate, official verification of the measuring equipment, without interruption of supply. To this end, it is obliged to build a second parallel measurement series, unless otherwise possible. The type, location and location of the measuring equipment shall be decided by the supplier in agreement with the customer.
(3) The replacement or modification of a measuring device may be carried out by the gas supplier in the pipeline network only with the consent of the customer.
(4) The gas supplier to the pipeline network shall perform the correct test of measuring instruments in cooperation with the customer at least once every 3 months. * *)
§ 24
(1) The supply of heating gases to retail customers is measured by the supplier according to the data of his own gas meter installed and connected to the customer and maintained by the supplier. maintenance includes the care of its official verification.
(2) In the case of customers where the interruption of the supply of heating gases or, where appropriate, of the gas meter, could cause significant damage, the supplier shall, at the request of the customer and on its load around the measuring equipment, set up a stand, closed with a slide and fitted with a seal. Only the supplier may open the hock; for the period when the customer collects the heating gases so measured, their consumption shall be accounted for in advance or according to a daily average of 3 reading periods.
§ 25
In very exceptional cases where measuring instruments are not available for the supply of heating gases from the gas network, the consumption of heating gases shall be accounted for by calculation of the rated (label) power consumption of individual installed appliances and their operating time in hours. The number of operating hours per appliance shall be kept by the customer in the register, in a separate book which he shall submit at any time on request to the supplier. The collector shall designate the official responsible for keeping the register and for checking it and shall notify the supplier in writing of his name.
§ 26
Type and location of meters at supply from the pipeline network
(1) The type, location and location of measuring instruments (gas meter or measuring device), or their replacement, are decided by the supplier.
(2) Any installation changes to measuring instruments shall be carried out only by personnel of the supplier organisation.
§ 27
Monitoring and securing of meters at delivery from the pipeline network
(1) The collector who collects the heating gases from the pipeline shall monitor the correct operation of the gauges and report immediately to the supplier any defects and uncertainties in the measurement as well as any apparent disturbances in the gas supply before the gauges. In the case of recording measuring instruments (recording machines), a customer who collects heating gases in the wholesale range is required to monitor the continuous operation and record them and perform normal service to the extent specified by the supplier.
(2) The collector shall ensure that the measuring instrument is provided in a manner specified by the supplier so as to avoid damage.
§ 28
Repair of meter errors in the supply of heating gases to the pipeline network
(1) At the request of the customer, the supplier is obliged to carry out a test of the measuring instruments *) within 15 days and, if the measuring instruments are defective, to replace them with the correct one.
(2) If it is found when checking that measuring instruments indicate values within the limits of tolerances, * *) the customer shall pay the costs associated with checking measuring instruments.
(3) When checking the measuring instruments, if they are found to indicate a value higher than the permissible deviation, the supplier shall pay the customer the amount corresponding to the error in the measuring instrument data, from the date on which the defect occurred, but not more than the date of the previous deduction. The costs of checking and exchanging measuring instruments shall be borne by the supplier.
(4) When checking that measuring instruments show a value lower than the tolerance, the buyer shall pay the supplier the amount corresponding to the error in the measuring instrument data from the date on which the defect occurred, but not more than the date of the preceding deduction. The costs of checking and exchanging measuring instruments shall be borne by the supplier.
(5) If the gas consumption cannot be accurately determined over the period of failure of the measuring instruments, it shall be calculated according to consumption in approximately the same period of last year. Consumption shall be calculated from the date on which the defect occurred, but no longer than the date of the preceding deduction. If there is a new consumption or a change in the consumption ratios, the supplier may invoice the said consumption according to the average consumption measured in the next two subtracting periods.
§ 29
Correction of measurement equipment errors in the supply of heating gases to the pipeline network
(1) The supplier is obliged to arrange for official verification of measuring instruments at the request of the customer. Where measuring instruments are found to be measured within the limits of the tolerances, or their measuring curve is correct, the costs of official verification shall be borne by the customer. Otherwise, the supplier shall bear the costs of official verification.
(2) Paragraph 28 (1) shall apply mutatis mutandis to the correction of the errors of the measuring equipment when supplying heating gases to the pipeline network. In the event of a failure of the measuring equipment, the organisation shall agree on the quantity of heating gases delivered to the gas supply network.

Oddíl pátý

Supplies of liquefied heating gas (propane-butane)
§ 30
Wholesale supply contract for liquefied heating gas
(to § 165 to 171, 188 of the Act)
(1) The operator of the liquefied propane-butane fuel gas on a wholesale scale concludes an annual contract with the supplier dividing the quantities per sampling point in each quarter.
(2) Supplies of liquefied heating gas are made on the basis of quarterly appeals, which must be submitted by the customer no later than 25 days before the beginning of the quarter.
§ 31
Contract for the supply of liquefied heating gas in the retail range
(1) The contract for the supply of liquefied heating gas in the retail range is concluded by a confirmation of the purchase application ("the application") which the customer is obliged to submit to the supplier. the application form shall be issued free of charge by the supplier to the customer. The supplier shall return one copy of the validated application to the customer.
(2) The contract for the supply of liquefied heating gas in the retail range is concluded without a time limit. However, the supplier is obliged to comply with the customer's request to cancel the contract.
§ 32
Change of customer
If the new user takes over the objects in which the pressure station equipment is for liquefied fuel gas * * *) and wants to use it, he is obliged to submit a draft contract or application to the supplier within 8 days.
Delivery and technical conditions for the supply of liquefied heating gas
§ 33
Packaging
(to Section 179 of the Act)
(1) Gas shall be supplied in 33 kg of bottles or barrels from the filling plant closest to the customer, or in tanks directly from production plants, to collectors who collect liquefied heating gas in the wholesale range. In justified cases, deliveries may also be made from other facilities designated by the supplier. Liquefied heating gas is supplied to other customers in 33 kg or 10 kg bottles. These customers are obliged to withdraw the gas at the designated dispensers.
(2) Full bottles or barrels will be issued only after the previous or at the same time returning the same number of bottles or barrels empty, with the exception of the purchase of a new customer or the planned increase of the purchase.
(3) The use of railway tanks and the management of packaging (bottles or barrels) is governed by specific rules. *)
§ 34
Disrupting the supply of liquefied heating gas
(1) The supplier may interrupt the supply of liquefied heating gas if:

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Regulation Information

CitationDecree of the Ministry of Fuel No. 143 / 1964 Coll., which issues the basic conditions of supply of heating gases, oil and gazoline
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation30.06.1964
Effective from01.07.1964
Effective until-
Status Valid
The regulation text is for informational purposes only.
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