What is Act No 158 / 2009 Coll.?

Act No. 158 / 2009 Coll., amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and on the Amendment of Certain Laws — Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and on the Amendment of Certain Laws.

When it became Act No 158 / 2009 Coll. effectiveness?

Act No 158 / 2009 Coll. became effective 04.07.2009.

Is Act No 158 / 2009 Coll. still valid?

Yes, Act No 158 / 2009 Coll. is still valid and effective.

How many times was it Act No 158 / 2009 Coll. amended?

Act No 158 / 2009 Coll. has 5 time versions of the text.

Act No 158 / 2009 Coll.

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

Valid Law Effective from 04.07.2009

Text versions: 01.01.2024 01.10.2015 04.07.2009 04.06.2009

ČÁST PRVNÍ Čl. I „§ 1 „§ 12a „§ 16 „§ 17b „§ 19a „§ 20 „§ 20a „§ 23 „§ 26 „§ 28 „§ 30 „§ 32 „§ 43 „§ 50 § 51 „§ 53 § 54 „§ 56 § 57 § 58 „§ 61 „§ 62 „§ 64 § 65 „§ 67a „§ 68 § 69 „§ 71 § 72 § 73 „§ 73a „§ 74 „§ 88 „HLAVA TŘETÍ § 90 § 91 § 91a „§ 92 „§ 94 § 96 „§ 97a „§ 98a Čl. II Čl. III ČÁST DRUHÁ Čl. IV ČÁST TŘETÍ Čl. V ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII ČÁST ŠESTÁ Čl. VIII ČÁST SEDMÁ Čl. IX ČÁST OSMÁ Čl. X Čl. XI ČÁST DESÁTÁ Čl. XIII ČÁST JEDENÁCTÁ Čl. XIV ČÁST DVANÁCTÁ Čl. XV ČÁST TŘINÁCTÁ Čl. XVI

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158

THE LAW

of 7 May 2009

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 amending certain 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 the Energy Sector and on the Amendment of Certain Acts (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 670 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll., and Act No. 124 / 2008 Coll., is amended as follows:

1. Paragraph 1, including the title and footnotes 1 and 1a, reads as follows:

„§ 1

Subject matter

This law incorporates the relevant regulations of the European Community1), building on the directly applicable regulations of the European Community1a) and governing the conditions of business, the exercise of government administration and regulation in the energy sectors of electricity, gas and heat, as well as the rights and obligations of natural and legal persons associated therewith.

1) Directive 2003 / 54 / EC of the European Parliament and of the Council on common rules for the internal market in electricity and repealing Directive 96 / 92 / EC. Directive 2003 / 55 / EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas and repealing Directive 98 / 30 / EC. Directive 2004 / 8 / EC of the European Parliament and of the Council on the promotion of cogeneration based on useful heat demand in the internal energy market. Directive 2004 / 67 / EC of the European Parliament and of the Council on measures to ensure security of gas supply. Directive 2006 / 32 / EC of the European Parliament and of the Council 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 on measures to safeguard the supply of electricity and investment in infrastructure.

(1a) Regulation (EC) No 1775 / 2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to gas transmission networks. Regulation (EC) No 1228 / 2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to cross-border exchanges of electricity. ';

Footnotes 1a and 1b to date shall be renumbered footnotes 1b and 1c, including a reference to those footnotes.

2. Paragraph 2 (1) reads as follows:

"(1) For the purposes of this Act:

(a) an energy service of activities that lead to increased energy efficiency and primary energy savings;

(b) the defined territory of the territory in which the holder of the licence for the distribution of electricity, gas distribution or heat distribution carries out the licensed activity;

(c) increasing energy efficiency by increasing energy efficiency in the end-user due to technological or economic changes;

(d) energy savings in the amount of energy saved by measuring or estimating consumption before or after the implementation of one or more energy efficiency improvement measures, while ensuring normalisation of the external conditions affecting energy consumption;

(e) by a provider of energy services, a natural or legal person who provides energy services or offers other measures to improve the energy efficiency of the user's equipment or within his or her building, bearing a certain level of financial risk. "

3. in Article 2 (2) (a) and (b), including footnote 1b, the following shall be added:

"(a) in electricity

1. an interconnected set of lines and equipment with a voltage of 110 kV, with the exception of selected lines and devices with a voltage of 110 kV, and lines and devices with a voltage of 0,4 / 0,23 kV, 1,5 kV, 3 kV, 6 kV, 10 kV, 22 kV, 25 kV or 35 kV to ensure the distribution of electricity in the defined territory of the Czech Republic, including measuring, protection, control, signalling, information and telecommunications technology including electrical connections owned by the distribution system operator; the distribution system is established and operated in the public interest,

2. a secondary energy source, a usable energy source whose energy potential arises as a by-product in the conversion and final consumption of energy, in the release from bituminose rocks or in the energy recovery or disposal of waste and substitute fuels produced on the basis of waste or in other economic activities;

3. an electrical connection to a device which starts by diverting from the switching elements or connectors in and outside the power station from the transmission or distribution system line and is intended to be connected to a demand facility,

4. by an electrical station, a set of structures and installations of the electricity system which allows the transformation, compensation, conversion or transmission and distribution of electricity, including the means necessary to ensure their operation;

5. the electricity system interconnected set of equipment for the production, transmission, transformation and distribution of electricity, including electrical connections, direct lines, and systems of measurement, protection, control, signalling, information and telecommunications technology, in the Czech Republic,

6. combined production of electricity and heat of the conversion of primary energy into electricity by electrical and useful heat in a joint simultaneous process in one production facility;

7. measuring equipment all equipment for measuring, transferring and processing the measured values;

8. the point of sampling where one customer's demand facility is installed, including the measuring transformers to which the electricity supply takes place;

9. by a derogation, the sum of the differences between actual and agreed supplies or electricity withdrawals over a given period of time;

10. Support services for the activities of natural or legal persons whose installations are connected to an electricity system which is designed to provide system services and which are usually activated by the supply of regulatory energy,

11. Direct lines of electricity lines connecting electricity generation not connected to the transmission system or distribution system, and a demand point not electrically connected to the transmission system or distribution system, or electricity lines providing direct supply to the electricity producer's own plants, its controlled companies or customers, and not owned by the transmission system operator or distribution system operator;

12. transmission system interconnected set of lines and devices 400 kV, 220 kV and selected lines and devices 110 kV, listed in the Annex to the Transmission System Operation Rules, for the purpose of ensuring the transmission of electricity for the whole territory of the Czech Republic and the interconnection with the electricity systems of neighbouring States, including systems of measurement, protection, control, signalling, information and telecommunications technology; the transmission system is established and operated in the public interest,

13. Electricity provided by the activation of support services or in the balancing market for regulatory energy or electricity provided by the transmission system operator abroad,

14. the clearing entity is the natural or legal person for which the market operator carries out the evaluation, settlement and settlement of the derogations under the derogation settlement contract;

15. system services of the transmission system operator's activities to ensure the reliable operation of the electricity system with regard to the operation within the interconnected electricity systems;

16. type diagram of the diagram characterising the annual electricity consumption of the customer used to evaluate deviations,

17. a vertically integrated entrepreneur holding at least one of the licences for the transmission of electricity or the distribution of electricity and at least one of the licences for the production of electricity or trade in electricity, or a group of entrepreneurs, provided that their relationship is in line with the immediately binding provisions of the European Community1b) and holds at least one of the licences for the transmission of electricity or the distribution of electricity and at least one of the licences for the production of electricity or trade in electricity;

18. The regulatory energy balancing market managed and organised by the market operator in coordination with the TSO,

19. A natural or legal person receiving electricity by means of a demand facility connected to a transmission or distribution system which only consumes or accounts for the purchased electricity;

20. Power generation installations for the conversion of different forms of energy into electricity, including all necessary installations; a power plant with a total installed power output of 100 MW or more, with the possibility of providing support services to ensure the operation of the electricity system, is set up and operated in the public interest,

(b) gas

1. an interconnected network of high-pressure, medium-pressure and low-pressure pipelines, gas connections owned by the distribution system operator and related technological objects, including a system of control and signalling technology and equipment for the transfer of information for computer and information systems activities not directly linked to compressor stations and on which the gas distribution is provided by the gas licence holder; the distribution system is established and operated in the public interest,

2. the main gas closure cap of the sampling gas plant which separates the sampling gas plant from the gas pipeline connection;

3. measuring equipment all equipment for measuring, transferring and processing the measured values;

4. the sampling point of the place where the sampling gas installation of one customer to which the gas supply measured by the measuring device is carried out is installed;

5. gas sampling devices, all devices starting with the main gas closure, including end-use gas equipment; is not a measuring device;

6. a derogation from the difference between actual and agreed gas deliveries or withdrawals for the whole business day,

7. the gas system interconnected set of facilities for the production, transport, distribution and storage of gas, including a system of control and signalling equipment and equipment for the transfer of information for computer and information systems for the operation of such facilities,

8. Gas equipment all gas equipment except gas sampling equipment,

9. Gas natural gas, lamp gas, coke oven gas, gas degas and generator gas, biogas, propane, butane and their mixtures, unless used for motor vehicle propulsion;

10. Gas pipeline equipment for pipeline transport of gas by transmission or distribution system and direct and mining pipelines,

11. a gas pipeline connection to a device starting with a departure from the transmission or distribution system pipeline and ending before the main gas closure; This device serves for connecting the gas sampling device,

12. gas equipment for gas production and treatment, underground gas storage, liquefied gas storage, gas storage, filling plants, liquefaction, evaporation, compression and control stations, low-pressure, medium-pressure, high-pressure and direct gas pipelines, gas connections, mining pipelines, sampling gas facilities, related technological equipment,

13. underground gas container gas equipment, including related technological objects and control and signalling equipment and information transfer equipment for gas storage operations; the underground gas storage tank is established and operated in the public interest,

14. third-party access rights of a gas market participant to conclude a contract with a transmission system operator, distribution system operator or gas storage tank operator to ensure the relevant licensed activity under this Act;

15. transmission system interconnected set of high-pressure gas pipelines and compression stations and related technological objects, including control and signalling equipment and equipment for the transmission of information for computer and information systems activities, linked to gas systems abroad, on which the gas licence holder operates; the transport system is established and operated in the public interest,

16. by direct pipeline, a pipeline which is not part of a transmission or distribution system and which is additionally set up for the supply of gas to a customer and serves only for the customer's own needs;

17. a decisive source of gas by a state in whose territory more than 50% of the total annual gas consumption in the Czech Republic has been extracted,

18. The combined gas collection facility of the gas collection facility in the owner's property through which the gas is supplied to customers in that property,

19. Settlement entity of a gas market participant for which the market operator carries out an evaluation, clearing and settlement of derogations under the derogation settlement contract;

20. Technical rule the rule expressing the state of technical knowledge and technology in the gas sector,

21. Gas pipeline connecting gas to the transmission system or distribution system or other gas pipeline;

22. pressure level of maximum operating pressure for gas equipment specified in technical standards or technical rules;

23. Type supply diagram describing the annual flow of gas consumption for customers whose sampling points are not equipped with continuous measurements used to evaluate consumption,

24. a vertically integrated gas entrepreneur who holds at least one of the gas transport, storage or distribution licences, and at the same time at least one of the gas production or trade licences, or a group of entrepreneurs whose relations correspond to a direct binding regulation of the European Community1b) and who carry out at least one of the gas transport, gas distribution or gas storage activities and at least one of the gas production or gas trade activities;

25. free capacity the difference between the technical capacity of the transmission system or distribution system or underground gas storage tank or gas pipeline and the sum of all contracted capacity over a given period of time, respecting the contractual pressures and capacities necessary for the relevant licence holder to ensure the safety and reliability of the operation of the relevant gas installation;

26. A natural or legal person collecting gas by means of a collection gas system connected to a transmission or distribution system or to a mining pipeline which only consumes or accounts for the gas collected.

(1b) Article 3 (2) and (3) of Council Regulation (EC) No 139 / 2004 of 20 January 2004 on the control of concentrations between undertakings. "

Footnotes 1 (b) and 1 (c) shall be renumbered as footnotes 1 (c) and 1 (d), including references to those footnotes.

4. Paragraph 2 (2) (c) (10) to (12) reads as follows:

"10th heat distribution equipment of heat energy transport equipment consisting of heat networks, transmission stations and home transmission stations; the heat sampling device is not part of the heat distribution device;

11. an integrated building work, technically connected by one common heat collection device,

12. useful heat heat produced in the cogeneration process for supply to a centralised heat supply system or for further use for technological purposes, with the exception of self-consumption heat and power used for further conversion into electrical or mechanical energy. ';

5. In Article 2 (2) (c), points 13 to 17 are deleted.

6. In Article 3 (1), "the electricity market operator 'is replaced by" the market operator'.

7. Paragraph 3 (3) reads as follows:

"(3) Under the conditions laid down by this Act, natural or legal persons may only engage in business in energy sectors within the Czech Republic on the basis of a licence granted by the Energy Regulatory Authority. Licences under this Act shall not be required for the trade, production, distribution and storage of lamp gas, coke oven gas, degas and generator gas, biogas, propane, butane and their mixtures, unless it is a distribution by pipeline systems to which more than 50 sampling points are attached, and for the production of heat energy intended for the supply to final consumers by one thermal source located in or outside the same object for the same purpose. Furthermore, a licence under this Act shall not be granted for an activity where a customer or customer provides the collected electricity, gas or thermal energy to another natural or legal person through its own or operated electrical, gas or thermal demand facility, the cost of purchasing electricity, gas or heat energy to such persons merely discharging it in an agreed or determined manner and is not a business. In the case of electrical equipment, the distribution is possible only for equipment up to and including 52 kV. '

8. In the second sentence of Article 4 (2), the words "electricity 'are deleted.

9. In Article 4 (3) (c), the words "with electricity 'are deleted.

10. in Article 5 (1) (a), "21" is replaced by "18."

11. In the first sentence of Article 5 (3), the words "and that this activity will not endanger the life and health of persons, property or interest in the protection of the environment" shall be deleted and the last sentence shall be replaced by the words "Financial assumptions shall not be required to demonstrate an applicant for a power generation licence if the installed electricity generation plant is less than 200 kW or an applicant for a thermal energy production licence if the installed heat output is less than 1 MW."

12. In Paragraph 5 (4), the words "if he is not looked at as if he was not condemned" shall be moved to a separate line as a common provision for points (a) to (c).

13. in Article 5 (4) (c), the word "business" shall be replaced by "energy business."

14. In the second sentence of Article 5 (5), the word "production plants' is inserted after the word" performance ', the words "20 kWe' are replaced by the words" 20 kW 'and the last sentence is deleted.

15. in Article 5 (6), the words "current and future" shall be deleted;

16. In Article 5, paragraphs 7 to 9 are deleted.

Paragraph 10 shall become paragraph 7.

17. in Article 7 (4) (b):

"(b) in the case of a natural person, a person who is a statutory authority or a member thereof, and an agent responsible, an extract from the foreign criminal record or an equivalent document issued by the authority of the State of which he is a citizen, as well as the State where the last person has remained continuously for at least 6 months during the last 3 years; if the State does not issue such documents, a declaration of integrity made before the competent authority of that State; such documents or declarations shall not be more than 6 months old; ';

18. in Article 7 (4) (a), the words "original or certified" shall be deleted and in Article 7 (4) (b), the words "original or certified copy of the extract" shall be replaced by "extract."

19. In Article 7, the following paragraphs 5 to 8 are inserted after paragraph 4, including footnote 1d:

"(5) For the purpose of demonstrating the integrity of the applicant, the Energy Regulatory Authority shall, in accordance with the specific legislation (1d), request an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form through public data networks.

(6) The Energy Regulatory Authority shall, in order to demonstrate the financial assumptions that the applicant does not have to register arrears in taxes, fees, work or arrears in respect of social security contributions and contributions to national employment policy, require the financial authority, the social security administration and the customs administration to issue documents or verify such 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.

(7) The application for the issue of documents shall be transmitted electronically through public data networks. The tax authority, the social security administration and the customs authority shall issue the documents requested within 7 days of receipt of the request.

(8) Where a licence has been revoked pursuant to § 10 (2) (b) or (c) of this Act, a licence for business in the same sector may be granted to such a person not earlier than 3 years after the legal authority of the decision to revoke the licence.

1d) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '.

Paragraphs 5 and 6 shall become paragraphs 9 and 10.

20. Paragraph 7 (9) is deleted.

Paragraph 10 shall become paragraph 9.

21. In the first sentence of Paragraph 8 (1), the words "assessment" and the words "second and third sentences" shall be deleted.

22. in Article 8 (2) (a), the words "if registered in a commercial register;" shall be replaced by the words "if registered in a commercial register;"

23. In Article 8, the following paragraphs 4 to 7 are inserted after paragraph 3:

"(4) Where the Energy Regulatory Authority requests confirmation or other document from a public authority or from the Register of Penalties referred to in Article 7 (5) from the date of dispatch of the request until the date of receipt of the certificate or other document, the time limit for the decision shall not run.

(5) The Energy Regulatory Authority will decide to grant a licence to a foreign person even before entering a commercial register, subject to the conditions laid down in this Law.

(6) At the request of the founder or, where applicable, the authority or person or persons authorised to apply for registration of a Czech legal person in a commercial register, the Energy Regulatory Authority shall decide to grant a licence before registration in that register if it is established that a legal person has been established.

(7) Where the person referred to in paragraph 5 or 6 does not submit an application for registration within 90 days of the date of receipt of the decision granting the licence or is not granted, the validity of the decision granting the licence shall cease to be valid. ';

Paragraph 4 shall become paragraph 8.

24. In Article 9, paragraphs 5 to 7 are added:

"(5) In the event of an extension of the number of establishments, a change in the technical parameters of existing establishments or a change in the scope of the defined territory, the holder of the licence shall be entitled to start carrying out the licensed activity in those establishments or in the designated territory on the date of the decision amending the decision granting the licence.

(6) If the holder of the licence applies for an extension of the licence for trade in electricity or gas not earlier than 6 months and not later than 90 days before the expiry of the period for which the licence was granted, the Energy Regulatory Authority shall decide to extend the period for which the licence was granted, but not more than the period laid down in Article 4 (2). Licences for trade in electricity or gas shall not fall under the law of the decision on the application for extension.

(7) The application of a natural person to extend the period for which a licence has been granted shall contain the particulars referred to in Article 7 (2). The application of a legal person to extend the period for which a licence has been granted shall contain the particulars referred to in Article 7 (3). The documents referred to in Article 7 (4) shall not be required unless they are substantiated in the event of reasonable doubts as to the fulfilment of the conditions for granting the licence by the Energy Regulatory Authority. Paragraph 7 (5) and (6) shall apply mutatis mutandis. ';

25. in Paragraph 10 (4), the words "the submission of an application" shall be replaced by the words "the power of the decision to revoke the licence."

26. In Article 10 (8), the words "unless otherwise agreed between the natural or legal persons concerned 'are deleted.

27. in Article 11 (1) (b) and (c):

"(b) submit to the Energy Regulatory Authority data for price decisions and data for the preparation and implementation of energy efficiency improvement programmes and support and monitoring of energy services and other energy efficiency improvement measures;

(c) ensure that technical equipment which meets the requirements of safety and reliability laid down by legislation and technical standards is used for the performance of the licensed activity, both in the gas industry and in the technical rules which are registered with the Czech Chamber of Commerce, "

28. in Article 11 (1) (h), the words "by decree" shall be deleted;

29. In Article 11, at the end of paragraph 1, the dot is replaced by a comma and the following points (i) to (l) are added:

"(i) carry out licensed activities in such a way as to avoid endangering the life and health of persons, property or interest in the protection of the environment;

(j) in carrying out the licensed activity, provide true and complete information on the conditions of energy supply;

(k) abstain from all activities which impede the demand for energy services and other energy efficiency improvement or delivery measures or which impede the development of energy services markets and other energy efficiency improvement measures;

(l) ensure that the obligations of the licence holder under this law are fulfilled even in cases where the licence holder ensures that the activities relating to the rights and obligations of the licence holder are carried out through a third party on the basis of contractual relations concluded under generally binding legislation. "

30. Paragraph 11 (2), including footnote 1d, reads:

"(2) The licence holder referred to in Article 4 (1) shall proceed with the licensed activity in dealing with crisis situations (1d) in accordance with the emergency plan and cooperate with crisis management authorities; the emergency plan is part of the crisis plan 1e).

1d) Act No. 240 / 2000 Coll., on crisis management and amending certain laws (Crisis Act), as amended. '

footnote 1d shall be renumbered footnote 1e, including the reference to that footnote.

31. § 12a, including the title, reads:

„§ 12a

Supplier of last instance

(1) The supplier of the last instance within the defined territory of the holder of the licence for the distribution of electricity or gas, the installation of which is connected to the transmission or transmission system, shall be the holder of the licence for the trade in electricity or for the trade in gas which is or was part of the same vertically integrated operator or vertically integrated gas operator, such as the holder of the licence for the distribution of electricity or for the distribution of gas in the designated territory where the sampling point is located.

(2) The supplier of the last instance supplies electricity or gas to a customer whose supplier of electricity or gas has lost the authorisation or the ability to supply electricity or gas or has terminated the supply of electricity or gas. This obligation arises on the date on which the market operator notifies the supplier of the last instance of the customer's registration number, in which no one is responsible for the derogation, shall last for a maximum of 6 months and shall not apply to a customer whose gas consumption has been higher than 60,000 m3 in the last 12 months.

(3) The supplier of the last instance shall notify the customer and distribution system operator concerned without delay of the start of the supply, the amount of the price and other conditions of the supply.

(4) In cases of electricity or gas supply by the supplier of the last instance, the distribution system operator shall transmit to the supplier of the last instance the identification of the customer concerned.

(5) The supplier of the last instance shall not be obliged to supply electricity or gas when an unauthorised collection is detected at a given sampling point.

(6) The supplier of the last instance supplies electricity or gas for a maximum period of six months to a household that has a new collection point to which electricity or gas has not yet been delivered, if requested to supply that household.

(7) At the time of the start of the supply of electricity or gas by the supplier of the last instance, the supply of electricity or gas by the original supplier to the customer shall be terminated. ';

32. Article 13 shall be deleted;

33. in Article 14 (1), the words "pursuant to Article 13" shall be deleted;

34. Paragraph 14 (12) is deleted.

35. Paragraph 16, including the title and footnote 2, reads as follows:

„§ 16

Scope of the Ministry

Ministry as Central Authority for Energy (2)

(a) issue state consent to the construction of selected gas installations and express its views on the construction of new sources and direct lines in electricity under the conditions specified in the specific section;

(b) process the state energy concept;

(c) ensure the fulfilment of obligations arising from international agreements by which the Czech Republic is bound or obligations arising from membership of international organisations;

(d) inform the Commission of the European Communities (hereinafter referred to as "the Commission") of:

1. the measures taken to comply with the supply of last resort, customer protection and environmental protection and their impact on competition;

2. protective measures taken in the event of a sudden crisis in the energy market, in the event of a threat to the safety of persons and equipment and a threat to the integrity of energy systems; inform all Member States of the European Union,

3. imports of electricity in respect of physical flows occurring during the previous 3 months from third countries, once every 3 months;

4. the grounds for refusal of applications for authorisation;

5. the facts relating to cogeneration;

6. Annual performance statistics on combined production and fuel use and on primary energy savings achieved by the application of combined production; the electricity market participants, the market operator and the Energy Regulatory Authority are obliged to provide the Ministry with the necessary data,

7. the capability of the electricity system to provide supplies covering current and anticipated demand for electricity;

8. Operational security of the transmission and distribution systems,

9. expected supply and demand balance over the next five years;

10. The prospects for the security of electricity supply for a period of 5 to 15 years from the date of the Commission's notification,

11. investment intentions of the transmission system operator and those of other persons known to it concerning the provision of cross-border interconnection capacity during the next 5 or more calendar years;

(e) provide, where necessary, a tender procedure for new production capacities;

(f) have the right, for reasons of security of supply, to decide to give priority to the connection of electricity and gas generating plants using domestic primary energy sources to an extent not exceeding 15% of the total primary energy necessary for electricity and gas production in the calendar year;

(g) implement an opinion on territorial development policy and the principles of territorial development;

(h) transmit the national report on the state of electricity and gas to the Commission.

2) Act No. 2 / 1969 Coll., on the establishment of ministries and other central authorities of the Czech Republic, as amended. '

36. In the first sentence of Article 17 (3), the words ", the promotion of cogeneration 'and" energy' are inserted after the words "and the protection of the legitimate interests of licence holders whose activity is regulated '.

37. In Paragraph 17 (3), the second sentence is replaced by the sentence "The Energy Regulatory Authority shall exercise the powers of the regulatory authority and the authority concerned under the Regulation on conditions for access to cross-border electricity exchanges (2a) and the Regulation on conditions for access to the gas transmission system (2b)."

footnotes 2a and 2b are as follows:

"(2a) Regulation on conditions for access to cross-border exchanges of electricity.

(2b) Regulation on conditions for access to the natural gas transmission networks. '

38. In Article 17, paragraphs 4 and 5 are deleted.

Paragraphs 6 to 11 shall be renumbered paragraphs 4 to 9.

39. in Paragraph 17 (4) (b) shall be deleted;

Points (c) to (g) shall be renumbered as points (b) to (f).

440. in Article 17 (4) (e) shall be deleted;

Point (f) shall be renumbered as point (e).

41.Paragraph 17 (5) shall be deleted;

Paragraphs 6 to 9 shall be renumbered paragraphs 5 to 8.

42. Paragraph 17 (5), including footnotes 4 and 4a, reads as follows:

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Regulation Information

Citation	Act No. 158 / 2009 Coll., amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and on the Amendment of Certain Laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	04.06.2009
Effective from	04.07.2009
Effective until	-
Status	Valid

Legal Areas: Health and safety at work Taxes Social security benefits Finance Power of executive and government authorities Commercial law Businessman, Company Labour law Social security law Industrial rights Proceedings in social security matters Self-administration Governance of the national economic sectors Social security management Administrative offences Administrative authorities Administrative law State (official) control Government Constitutional (state) law Old age insurance, Old age pension Diseases, Sickness benefits Unemployment security Special working conditions

The regulation text is for informational purposes only.