Act No. 152 / 2017 Coll.
Act amending Act No. 311 / 2006 Coll., on Fuel and Fuel Petrol Stations and amending certain related laws (Fuel Act), as amended, and other related laws
Valid
Effective from 06.06.2017
152
THE LAW
of 19 April 2017
amending Act No 311 / 2006 Coll., on fuel and fuel filling stations and amending certain related laws (Fuel Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Fuel Act
Act No. 311 / 2006 Coll., on fuel and petrol stations and on the amendment of certain related laws (Fuel Act), as amended by Act No. 575 / 2006 Coll., Act No. 107 / 2007 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 91 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 234 / 2013 Coll., found by the Constitutional Court, No. 130 / 2014 Coll. and Act No. 157 / 2015 Coll., are amended as follows:
1. In Section 1 of the introductory part of the provision, the words "European Community1) 'are replaced by the words" European Union1)'.
Footnote 1:
"(1) Directive 98 / 70 / EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93 / 12 / EEC. Directive 2003 / 17 / EC of the European Parliament and of the Council of 3 March 2003 amending Directive 98 / 70 / EC relating to the quality of petrol and diesel fuels. Directive 2009 / 30 / EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 / 70 / EC as regards the specification of petrol, diesel and gas oils, the introduction of a mechanism for monitoring and reducing greenhouse gas emissions and Council Directive 1999 / 32 / EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93 / 12 / EEC. Directive 2014 / 94 / EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuel infrastructure. ';
2. In Article 1 (d), the words "and rechargeable 'shall be inserted after the words" pumps'.
3. In Paragraph 1, the current text becomes paragraph 1 and paragraph 2 is added, which includes footnotes 1a to 1c:
"(2) This Act shall not apply to rechargeable stations which are connected and used for the free charging of electric vehicles in the sampling point (1a) of non-commercial natural persons or for recharging of electric vehicles at the sampling point of the housing cooperative (1b) or the community of unit owners (1c) exclusively for members of that cooperative or community or for users of the cooperative apartment of that cooperative or unit of that community, to rechargeable stations with a power up to 3,7 kW which are intended to recharge single-track electric vehicles. Furthermore, this Act does not apply to the charging of public public transport vehicles supplied directly from the traction or overhead line.
1a) 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.
(1b) Act No. 90 / 2012 Coll., on Companies and Cooperatives (Commercial Corporation Act), as amended by Act No. 458 / 2016 Coll.
1c) Act No. 89 / 2012 Coll., Civil Code, as amended. '.
4. In Article 2 (a), the words "liquefied petroleum gases, biofuel or other fuel from renewable sources, 'are replaced by the words" compressed and liquefied natural gas'.
5. in Article 2, the following point (b) is inserted after point (a):
"(b) alternative fuel fuel or energy source which serves at least partly as a substitute for fossil oil sources in transport energy supplies and which have the potential to contribute to its decarbonisation and to increase the environmental performance of the transport sector; the alternative fuel is in particular biofuel or other fuel from renewable sources, synthetic and paraffinic fuel, compressed natural gas including biomethane, liquefied natural gas including biomethane, liquefied petroleum gas, electricity and hydrogen, ';
Points (b) to (j) shall be renumbered (c) to (k).
6. in Article 2, the following point (e) is inserted after point (d):
"(e) an electric vehicle powered by a motor vehicle comprising at least one non-peripheral electrical device as an energy converter with an electrically charged energy storage system that can be charged externally;"
Points (e) to (k) shall be renumbered as points (f) to (l).
7. In Article 2 (f), the words "with the exception of electricity 'shall be inserted after the words" sold or', the words "sold and 'and the words" which is an operating tank placed in service if' shall be replaced by the words "of which '.
8. In Article 2 (g), the words "as a general rule 'shall be inserted after the words" storage tanks' and, at the end of the text in point (f), the words ", free charge of an electric vehicle by electricity or free replacement of its battery 'shall be added.
9. in Article 2 (h), the words "or sold and issued" shall be inserted after the word "sold."
10. the words "or recharging stations" shall be added at the end of the text of point 1.
11. in § 2 (l), at the end of point 2, the dot is replaced by a comma and the following points 3 and 4 are added:
"3. the sale of electricity where its seller holds a valid licence for the trading of electricity under the Energy Act;
4. sales of fuel, if their seller is the publisher of the fuel card and fuel, have been purchased from the service station through the fuel card issued by it. '
12. in Article 2, at the end of point (l), the dot is replaced by a comma and the following points (m) to (r) are added:
"(m) a publicly accessible petrol station for the supply of fuel, the operator of which provides non-discriminatory access to users from the European Union; non-discriminatory access may include different conditions of verification, use and payment;
(n) recharging station one or more recharging points;
(o) a rechargeable point of a device which allows one electric vehicle to be recharged at a certain time or for which it is possible at a certain time to replace a battery with one electric vehicle and the main purpose of which is to recharge the electric vehicle;
(p) a normal charging station which allows electricity to be transferred to an electric vehicle with a power of 22 kW or less, with the exception of equipment with a power output of 3,7 kW or less which is housed in households or whose main purpose is not to charge electric vehicles and which are not publicly accessible;
(q) a high-performance recharging station which allows electricity to be transferred to an electric vehicle with a power output exceeding 22 kW;
(r) a publicly available recharging station for the supply of electricity, the operator of which provides non-discriminatory access to users from the European Union, and non-discriminatory access may include different conditions of verification, use and payment; a publicly accessible charging station is not a charging station which
1. the vehicle manufacturer (1d) operates its own production solely for the purpose of recharging electric vehicles; or
2. a rechargeable station operator or a person controlled by it or a person controlling that rechargeable station operator shall use only for the purpose of recharging electric vehicles which use one of those persons for its own use or for the purposes of its business or for the purposes of its employees, in which case the provision of a rechargeable electrical vehicle service through that rechargeable station shall not be the subject of business; or
3. operates a vehicle vendor for charging electric vehicles for the purpose of their sale and which is not accessible to the public; or
4. operated by a car service operator for recharging vehicles here, which is not accessible to the public.
1d) Act No. 56 / 2001 Coll., on the conditions for the operation of vehicles on the road and amending Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on the insurance of liability from the operation of a vehicle), as amended by Act No. 307 / 1999 Coll. '
13. in Article 3 (1), the words "except for electricity" shall be inserted after the words "matter."
14. in Paragraph 3 (2):
"(2) A person who places motor gasoline or diesel for free circulation in the tax territory of the Czech Republic under the Excise Taxation Act 14) for transport purposes or who supplies in the tax territory of the Czech Republic pursuant to the Excise Taxation Act 14) for transport purposes of motor gasoline or diesel, put into free circulation in another Member State of the European Union, shall be required to make available information on the content of biofuels in motor gasoline or diesel."
15. in Article 4 (2), the words "vehicles of the essential component of the integrated rescue system10" shall be inserted after the word "sil3."
16. In the title of Section 5, the words "except electricity 'shall be inserted after the word" mass'.
17. in Article 5 (1), including footnotes 5 and 6:
"(1) The sale or sale and supply of fuel, with the exception of electricity, is permitted from a service station which complies with the requirements laid down by special legislation5) and by the Czech technical standard governing the requirements for the location of service stations and sanitary, technical and technological requirements for the design of new and building changes to existing service stations (6) and is used by decision or measure required by the building law.
5) For example, Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 133 / 1985 Coll., on Fire Protection, as amended, Act No. 201 / 2012 Coll., on Air Protection, as amended, Decree No. 268 / 2009 Coll., on Technical Requirements for Construction, as amended, Decree No. 398 / 2009 Coll., on General Technical Requirements for the Protection of Barrier Use of Buildings, and Decree No. 415 / 2012 Coll., on Permissible Pollution Level and its Detection and on Implementation of Certain Other Provisions of the Air Protection Act, as amended.
6) ČSN 73 6060. '.
18. In Article 5, paragraphs 2 and 3, including footnotes 7 to 9, are deleted.
Paragraphs 4 to 9 shall be renumbered paragraphs 2 to 7.
19. in Article 5 (2), the words "paragraphs 1 to 3 shall not apply" shall be replaced by the words "paragraph 1 shall not apply" and the words "the supply of fuel for own use only as referred to in Article 2 (d) and the sale or supply of compressed natural gas" shall be deleted;
20. in Article 5 (6), the words "paragraph 1 (b)" shall be deleted;
21. In Article 5 (7) (a), the word "commercial" shall be deleted and the words "and the number of the relevant Czech technical standard which determines the composition and quality of the fuel" shall be replaced by the words "which complies with the relevant Czech technical standard which determines the composition and quality of the fuel, the Czech technical standard number and the graphic marking, if the Czech technical standard refers to it."
22. in Article 5 (7), the following points 4 and 5 are added at the end of point (b):
"4. the price of compressed or liquefied natural gas or hydrogen sold, compared to the price of motor gasoline or diesel; the way prices are compared is laid down in the implementing legislation,
5. the compatibility of fuel sold or issued with a vehicle or special vehicle, ';
23. in Article 5 (7), the word "a" shall be added at the end of point (d);
24. in Article 5 (7), the comma and the word "a" shall be replaced by a dot and point (f) shall be deleted;
25. § 5a, including the title reads:
Fuel purchase
(1) Fuel distributor and petrol station operator are obliged to buy fuel only in the Czech Republic
(a) from a person registered as a fuel distributor,
(b) from a person holding a valid licence to trade in gas under the Energy Act in the case of the purchase of compressed natural gas; or
(c) from a service station registered in the service station register.
(2) Purchase of fuel
(a) except for the purchase of electricity and compressed natural gas;
(b) except for purchases from a service station registered in the service station register,
(c) from a person other than a person registered as a fuel distributor; or
d) from a person other than the person who publishes the fuel card and the fuel has been purchased through this card from the gas station
is prohibited. ';
26. In Section 6, the words "and rechargeable 'shall be inserted after the word" pumps'.
27. in the first and second sentences of Article 6 (1), the words "and rechargeable" shall be inserted after the words "and rechargeable"; in the third sentence, the words "service stations on which fuel is sold, and" shall be replaced by the words "publicly available and publicly available rechargeable stations," and the words "c) and (e) to (g)" shall be replaced by the words "and rechargeable";
28. In Article 6 (2) of the Introductory Part of the provision, the words "and rechargeable 'are inserted after the words" pumps'.
29. in Article 6 (2) (a), the words "or rechargeable" shall be inserted after the word "pumping."
30. in Article 6 (2) (b), the words "or rechargeable" shall be inserted after the word "pumping."
31. in Article 6 (2) (c), the words "or rechargeable" shall be inserted after the word "pumping."
32. in Article 6 (2), the following points (d) to (f) are inserted after point (c):
"(d) an indication of whether or not the service station is publicly accessible;
(e) the name of the fuel referred to in Article 5 (7) (a) sold at the service station;
(f) the number of charging points on the charging station, ';
Point (d) shall be renumbered as point (g).
33. in Article 6 (2) (g), the words "or rechargeable" shall be inserted after the word "pumping."
34. in Article 6 (3) (a), "(c)" is replaced by "(e)";
35. in Article 6 (3) (b), "(c)" is replaced by "(e)."
36. In Article 6, the following paragraph 4 is inserted after paragraph 3:
"(4) The owner of the charging station is obliged to the Ministry
(a) notify the data referred to in paragraph 2 (a) to (d) and (f) before the charging station is put into service;
(b) notify without undue delay the entry into service of the recharging station or the termination of service of the recharging station and any change in the data referred to in paragraph 2 (a) to (d) and (f). ";
Paragraph 4 shall become paragraph 5.
37. The following § 6q is inserted after § 6p, which, including the title and footnotes No 16 to 18:
Operation of the charging station
(1) The operator of a publicly available rechargeable station shall make information on the compatibility of the rechargeable station with the electric vehicle available at the rechargeable station.
(2) The operator of a normal rechargeable station shall ensure that the rechargeable station operated by it, with the exception of a wireless or inductive unit, complies with the requirements laid down in the specific legislation governing the technical requirements for construction16) and with the Czech technical standard governing the technical requirements for charging electric vehicles by conducting connections and requirements for dimensional compatibility and interchangeability for apparatus with pins and tubes for alternating current 17). In the case of normal charging stations which have been put into service or renewed before 18 November 2017, the first sentence shall not apply.
(3) The operator of a high performance rechargeable station shall ensure that the rechargeable station operated by it, with the exception of a wireless or inductive unit, complies with the requirements laid down by the specific legislation governing the technical requirements for construction16) and with the Czech technical standards governing the technical requirements for the charging of electric vehicles by conducting connections, and with the requirements for dimensional compatibility and interchangeability for instruments with AC pins and cavities, and with the requirements for dimensional compatibility and interchangeability for vehicle sockets with pins and cavities for DC and AC or DC current 18). In the case of high performance charging stations that have been put into service or renewed before 18 November 2017, the first sentence shall not apply.
(4) The operator of a publicly available rechargeable station shall publish the prices charged at the rechargeable station operated by it.
(5) The operator of a publicly available recharging station shall also provide the users of electric vehicles with the possibility of recharging without the conclusion of a contract with that operator that would bind the user beyond that recharging.
16) Decree No. 268 / 2009 Coll., on Technical Requirements for Construction, as amended.
17) EN 62196-2.
18) ČSN EN 62196-2 and ČSN EN 62196-3. '
38. in Article 7 (1) (a), the words "and recharging" shall be inserted after the words "pumping."
39. in Article 7 (2) (a), the words "except for electricity" shall be inserted after the words "mass."
40. in Article 7 (2) (b):
"(b) the performance of obligations under Articles 3 (1) and (2), 5 (3) to (5), 5 (7) (a), (b), (d) to (f) and 6 (q) (1), (4) and (5),";
41. in Article 7 (2) (b), "to (f)" is replaced by "and (e)";
42. In Article 7 (2) (c), "8" is replaced by "6 and Article 6q (2) and (3)."
43.In Article 7 (3), "9" is replaced by "7."
44. Paragraph 7 (6) is deleted.
45. in Paragraph 8 (1) (c), "7" is replaced by "5."
46. in Paragraph 8 (1) (d), "4" is replaced by "5," or "c) or" shall be replaced by "c), (d) or (e)," after "b) shall not be notified," the words "without undue delay" and the words "or (c)," or "shall be replaced by" c), (d) or (e), "
47. in Paragraph 8 (1) (e), the text "paragraph 5" is replaced by "paragraph 3."
48. In Article 8, at the end of paragraph 1, the dot is replaced by the comma and the word "or 'and the following point (f) is added:
"(f) as owner of a recharging station in breach of Article 6 (4) (a), or in breach of Article 6 (4) (b), (c), (d) or (f), or in breach of Article 6 (4) (b), (c), (d) or (f), shall not notify, without undue delay, the entry into service of the recharging station in accordance with Article 6 (2) (a), (d) or (f).";
49. in Article 8 (2), the words "or (f)" shall be inserted after the words "(d)."
50. in Paragraph 9 (1), the word "or" shall be deleted at the end of (c).
51. in Paragraph 9 (1) (d), "7" is replaced by "5."
52. In Article 9, at the end of paragraph 1, the dot is replaced by "or 'and the following point (e) is added:
"(e) purchase fuel contrary to § 5a (2)."
53.In Article 9 (2), the words "or (c) 'shall be replaced by the words", (c), (d) or (e)' and the words "without undue delay 'shall be inserted after the words" point (b)'.
54. in Article 9 (3), the words "under Article 5 (1) (b)" shall be deleted and the number "8" shall be replaced by "6."
55. in Article 9 (4) (a), "paragraph 5" is replaced by "paragraph 3."
56. in Article 9 (4) (b), (c), (d), (f) and (g), "9" is replaced by "7."
57. in Paragraph 9 (4) (e), "6" is replaced by "4."
58. in Paragraph 9 (4), the word "or" shall be added at the end of point (e).
(59) In Article 9 (4), at the end of point (f), the comma and the word "or" shall be replaced by a dot and point (g) shall be deleted;
60.Paragraph 9 (5) reads:
"(5) A legal or operating natural person shall, as a person referred to in Article 3 (2), commit an administrative offence by not making available information on the biofuel content of motor gasoline or diesel fuel referred to in Article 3 (2) when selling motor petrol or diesel fuel. ';
61. In Article 9, the words "paragraph 1 'shall be added at the end of the text of paragraph 9.
62. In Article 9, the following paragraphs 10 to 13 are inserted after paragraph 9:
"(10) A legal or operating natural person, as owner of a rechargeable station, shall commit an administrative offence by not notifying, in breach of Article 6 (4) (a), prior to the entry into service of the rechargeable station, the data in accordance with § 6 (2) (a), (b), (c) or (f), or in breach of § 6 (4) (b), (c), (d) or (f), without undue delay, the entry into service of the rechargeable station or the change of the data entered in the rechargeable station register under § 6 (2) (a), (b), (c) or (f).
(11) The operator of a publicly available rechargeable station shall commit an administrative offence by not making the information referred to in § 6q (1) available to the rechargeable station, or by not publishing the prices referred to in § 6q (4), or by not providing electric vehicle users with the possibility of recharging in accordance with § 6q (5).
(12) An operator of a normal rechargeable station shall commit an administrative offence by not ensuring that the rechargeable station operated by it, except for a wireless or inductive unit, complies with the requirements of Section 6q (2).
(13) An operator of a high-performance rechargeable station shall commit an administrative offence by not ensuring that the rechargeable station operated by it, except for a wireless or inductive unit, complies with the requirements of Section 6q (3). ';
Paragraphs 10 and 11 shall become paragraphs 14 and 15.
63.In Article 9 (14) (a), the words "or (e)" shall be inserted after the words "paragraph 1 (a)" and the words "or paragraph 12 or paragraph 13 shall be added at the end of the text of point (a)."
(64) In Paragraph 9 (14), the words "or paragraph 10" shall be added at the end of the text in point (c).
65.In Article 9 (14), the words "or paragraph 11" shall be added at the end of the text of point (d).
(66) In Article 9 (14) (a), "paragraph 3 or paragraph 5 (a)" is replaced by "paragraph 3."
67. in Article 9 (14) (b), the words "or (g)" shall be deleted;
68. in Paragraph 9 (14) (c), "paragraph 5 (b)" is replaced by "paragraph 5";
69. the words "and 11 to 13" shall be added at the end of Paragraph 10 (4).
70. in Paragraph 10 (4) (a), "and (e) to (g)" shall be replaced by "(e) and (f)";
71. in Article 10 (4) (b), the words "and (f)" shall be inserted after the words "(d)" and the words "and (7)" shall be replaced by "7 and 10."
72.In § 10 (4) (c), the words "§ 9 (1) (e)" shall be inserted after the words "after."
73. In Article 11, "6 'is replaced by" 4, Article 5 (7) (b) (4)';
Transitional provisions
1. Gas stations which have been established and comply with the requirements of § 5 paragraphs 1 to 3 of Act No. 311 / 2006 Coll., as effective before the date of entry into force of this Act, shall be regarded as petrol stations under this Act.
2. The owner of a service station which was put into service before the date of entry into force of this Act is obliged to notify the Ministry within 60 days of the date of entry into force of this Act of the data pursuant to § 6 (2) (d) and (e) of Act No. 311 / 2006 Coll., as effective from the date of entry into force of this Act.
3. The owner of the rechargeable station, which was put into service before the date of entry into force of this Act, shall notify the Ministry within 60 days of the date of entry into force of this Act of the data referred to in § 6 (2) (a) to (d), (f) and (g) of Act No 311 / 2006 Coll., as effective from the date of entry into force of this Act.
Amendment to Act No. 91 / 2011 Coll.
In Part One of Article I of Act No. 91 / 2011 Coll., amending Act No. 311 / 2006 Coll., on Fuel and Fuel Pump Stations and on the Amendment to Certain Related Laws (Fuel Act), as amended, and Act No. 86 / 2002 Coll., on Air Protection and on the Amendment to Certain Other Laws (Air Protection Act), as amended, as amended, as amended by Act No. 201 / 2012 Coll., points 6, 10, 14, 19 to 23 and 25 are deleted.
Amendment of the Energy Act
In Article 3 of 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 by Act No. 211 / 2011 Coll. and Act No. 131 / 2015 Coll., at the end of paragraph 4, the dot is replaced by a comma and the following point (c) is added:
"(c) the use of electricity when operating a recharging station under the Fuel Act.";
EFFECTIVE
This Law shall take effect on the 15th day following its publication, with the exception of the provisions of Part One, paragraph 1, of Article 4, paragraph 1, of the Law of the European Union. Article 5 (1) (b)
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 152 / 2017 Coll., amending Act No. 311 / 2006 Coll., on Fuel and Fuel Petrol Stations and amending certain related laws (Fuel Act), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.2017 |
|---|---|
| Effective from | 06.06.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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