Decree No. 147 / 2022 Coll.
Decree amending Decree No. 8 / 2016 Coll., on the details of licensing for business in the energy sector
Valid
Order
Effective from 01.07.2022
Text versions:
01.07.2022
08.06.2022
147
DECLARATION
of 20 May 2022
amending Decree No. 8 / 2016 Coll., on the details of licensing for business in the energy sector
Pursuant to Section 98a (2) (a) and (o) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., Act No. 211 / 2011 Coll., Act No. 131 / 2015 Coll. and Act No. 362 / 2021 Coll., to implement § 7, § 11g (1) and § 11h (2) Energy Act:
Decree No. 8 / 2016 Coll., on the details of licensing for business in the energy sector, is amended as follows:
1. In the introductory sentence, "(a)" the words "and (o)" and "and Act No. 211 / 2011 Coll., for the implementation of § 7" shall be replaced by "," Act No. 211 / 2011 Coll., Act No. 131 / 2015 Coll. and Act No. 362 / 2021 Coll., for the implementation of § 7, § 11g § 1 and § 11h § 2. "
2. In Paragraph 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In addition, this Decree sets out the model forms for the application for authorisation of an intermediary and for the extension of the authorisation of an intermediary. '.
3. in Article 2 (1) (a):
"(a) the amount of funds available to ensure that the licensed activity is carried out within the planned scope of point (c),
1. monthly extracts from the account of initial and final balances for the last 12 preceding calendar months or for shorter periods, unless the applicant carries out business activities for at least one year;
2. by expressing a bank or a foreign bank to which the applicant has an account, of movements in the account during the previous 12 calendar months or for a shorter period, unless the applicant carries out business activities for at least one year; or
3. a credit agreement or other contract of a similar type where the applicant does not have sufficient cash available to ensure the performance of the licensed activity on the date of the application, on the basis of the evidence provided under points 1 or 2, ';
4. In Article 2 (1) (c), the word "long-term 'is deleted and the words" for a period of at least 5 years' are inserted after the words "financing the licensed activity '.
5. Paragraph 2 is deleted.
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
6. In Paragraph 2 (2), the words "or the court has not rejected the insolvency application because the debtor's assets will not be sufficient to cover the costs of insolvency proceedings' are deleted.
7. in Article 2 (5), "4 or 5 'is replaced by" 3 or 4';
8. In Article 2, the following paragraph 6 is added:
"(6) Where the financial assumptions referred to in paragraph 1 (a) (3) are demonstrated by a contract concluded with the associated person under the law governing income tax, the applicant for the grant of the licence shall be required to submit the documents referred to in paragraph 1 (a) (1) or (2) for that person. ';
9. In Article 3 (2), the word "proving 'is replaced by" certifying' and the words "replacing 'are replaced by the words" an expert opinion issued by an authorised organisation under the law governing the safety of work in connection with the operation of reserved technical equipment, or'.
10. in Paragraph 3 (3), the words "proving the revision, inspection or testing" shall be replaced by the words "certifying the safety of the energy equipment" and the words "expert report according to paragraph" shall be deleted;
11. in Article 3 (5) (c), the word "or" shall be added at the end of point 4 and point (5) shall be deleted;
Point 6 is renumbered point 5.
12. in Article 3 (5) (d), point 3 is deleted;
Points 4 and 5 shall become points 3 and 4.
13. in Article 5 (2) (b), the words "or any other document on the basis of which" shall be replaced by the words "on the basis of which" and after the word "equipment" shall be inserted the words "or, where appropriate, by other evidence certifying the existence of the right of use."
14. in Paragraph 6 (1):
"(1) The designated territory shall be determined in the application for a licence and the supporting documents for the licensed activity of electricity distribution, gas distribution or thermal energy distribution.
(a) a list of the cadastral territories in the continuous territory or a list of the cadastral territories, including the parcel numbers of the land according to the cadastre of the real estate in which the distribution system or heating plant is located; and
(b) by drawing up the location of the energy equipment in the cadastral map on a scale which corresponds to the scope of the energy equipment indicated in the application and ensures clarity of the drawing. ';
15. In Section 7, the introductory part of the provision reads: "The establishment shall be defined in the documents attached to the licence application by the particulars by which they are."
16. In Article 9, the following paragraph 4 is added:
"(4) The models of the forms for the submission of applications for authorisation to act as an intermediary and applications for the extension of authorisation to act as an intermediary are set out in Annexes 25 to 28 to this Decree. '
17. In Annex 12, point 16 is deleted.
18. in Annex 13, point 11 is deleted;
19. Annexes No 15 to 18 shall read:
"Annex No 15 to Decree No 8 / 2016 Coll.
LIST OF SINGLE OPERATIONS
Příloha č. 16
Annex No 16 to Decree No 8 / 2016 Coll.
LIST OF INDIVIDUAL DEROGATIONS
Příloha č. 17
Annex No. 17 to Decree No. 8 / 2016 Coll.
INSTALLATION LIST
Příloha č. 18
Annex No 18 to Decree No 8 / 2016 Coll.
LIST OF SINGLE CARTRIES
"
20. in Annex 19, point 14 is deleted;
21. In Annex 20, point 11 is deleted.
22. The following Annexes 25 to 28 are added:
"Annex No 25 to Decree No 8 / 2016 Coll.
APPLICATION FOR an authorisation to act as an intermediary for natural persons
Příloha č. 26
Annex No 26 to Decree No 8 / 2016 Coll.
REQUEST FOR GRANTING A PERFORMANCE TO THE OPERATOR FOR LEGAL PERSONS
Příloha č. 27
Annex No 27 to Decree No 8 / 2016 Coll.
REQUEST for the renewal of an authorisation to act as an intermediary for natural persons
Příloha č. 28
Annex No 28 to Decree No 8 / 2016 Coll.
REQUEST for the renewal of authorisation to act as an intermediary for legal persons
"
Efficacy
This Decree shall take effect on 1 July 2022.
Council President:
Zavíček, Ph.D., v. r. o.
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Regulation Information
| Citation | Decree No. 147 / 2022 Coll., amending Decree No. 8 / 2016 Coll., on the details of licensing for business in the energy sector |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.06.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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