Act No. 165 / 2012 Coll.

Act on Supported Energy Resources and on the Change of Certain Laws

Valid Effective from 01.01.2013
Contents
ČÁST PRVNÍ HLAVA I § 1 § 2 HLAVA II § 3 § 3a HLAVA III § 4 § 5 § 6 § 6a § 6b § 6c § 7 § 8 § 9 § 9a § 10 § 10a § 10b § 10c § 10d § 10e § 11 § 11a § 12 § 13 HLAVA IV Díl 1 § 14 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 Díl 2 § 22a § 22b § 22c § 22d § 22e § 22f § 22g § 22h § 22i § 22j § 22k HLAVA V Díl 1 § 23 § 24 § 25 § 25a § 26 § 26a § 26b § 26c § 26d § 26e § 26f § 27 Díl 2 § 27a § 27b § 27ba § 27bb § 27bc § 27bd § 27be § 27bf § 27bg § 27c § 27d § 27e HLAVA VI § 28 § 28a § 29 HLAVA VII Díl 1 § 30 § 31 § 32 § 33 § 34 § 34a § 35 Díl 2 § 36 Díl 3 § 37 HLAVA VIII § 38 § 39 § 40 HLAVA IX § 44 § 45 § 45a § 45b § 45c § 45d § 45e § 45f § 45g HLAVA X § 46 § 47 § 47a HLAVA XI § 47b § 47ba § 47bb § 47c HLAVA XII § 47d § 47da § 47db § 47dc § 47dd § 47e § 47f § 47g HLAVA XIII § 48 § 49 § 49a § 50 § 51 § 52 § 53 § 54 § 55 ČÁST DRUHÁ § 56 ČÁST TŘETÍ § 57 ČÁST PÁTÁ § 60 ČÁST ŠESTÁ § 61 ČÁST SEDMÁ § 62
165
THE LAW
of 31 January 2012
on supported energy sources and amending certain laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

SUPPORTED ENERGY RESOURCES

HLAVA I

GENERAL PROVISIONS
§ 1
Subject matter, purpose of the adjustment and common rules on aid
(1) This law implements the relevant provisions of the European Union1), and provides for
(a) the promotion of electricity, heat and biomethane from renewable energy sources ("renewable energy source"), secondary energy sources ("secondary energy source") and high-efficiency cogeneration, temporary transformation support for heat supply systems and ensuring the adequacy of such support, the exercise of government administration and the rights and obligations of natural and legal persons associated therewith;
(b) rules for the development and regulation of supported energy sources;
(c) the conditions for issuing, recording and recognising guarantees of the origin of energy from renewable sources and from high-efficiency cogeneration;
(d) the conditions for issuing certificates of origin for electricity produced from high-efficiency cogeneration or secondary sources;
(e) the financing of the promotion of electricity from supported sources, heat and biomethane from renewable sources and the grant to the market operator to cover these costs;
(f) electricity from sunlight,
(g) the rights and obligations of persons supplying fuel and electricity for transport purposes;
(h) the rights and obligations of persons who consume hydrogen in industry;
(i) the competence of public authorities in the various areas of this law.
(2) The purpose of this Act is to protect the climate and the environment
(a) promote the use of renewable sources, secondary sources and high-efficiency cogeneration;
(b) ensure that the share of renewable sources in final energy consumption is increased to achieve the objectives set (1);
(c) contribute to the sustainable use of natural resources and to the sustainable development of society;
d) to create conditions for fulfilling the binding objective and contribution of the Czech Republic to the share of energy from renewable sources in gross final energy consumption in the European Union, taking into account customers' interests in minimising the impact of aid on energy prices for customers in the Czech Republic,
(e) to create conditions for meeting the targets for the use of energy from renewable sources in the heating and cooling sector and in the transport sector;
(f) to create conditions for the proportion of renewable hydrogen of non-biological origin in the industry to be at least 42% by 2030 and 60% by 2035.
(3) The provisions of this Law governing the granting of aid and the procedure for determining the amount and extent of aid shall not apply where the aid provided for on their basis would be contrary to the conditions for granting public aid laid down by European Union law or by Commission decisions adopted on the basis thereof.
§ 2
Basic concepts
(1) For the purposes of this Act:
(a) renewable sources of renewable non-fossil energy, such as wind energy, solar energy (thermal and photovoltaic), geothermal energy, ambient energy, ocean or wave energy, water energy, biomass energy and fuels produced from it, landfill gas energy, sewage sludge energy and biogas energy;
(b) biomass, biodegradable fraction of products, waste and residues of biological origin from agriculture, forestry and related sectors and fisheries and aquaculture, including plant and animal substances, as well as biodegradable fraction of waste, including industrial and municipal waste of biological origin, the agricultural biomass being biomass produced in agriculture and forest biomass being biomass produced in forestry.
(c) biogas gas fuel produced from biomass used for electricity, heat or biomethane production; sludge and landfill gas is also considered as biogas,
(d) bioliquid liquid fuel produced from biomass used for the production of electricity and heat;
(e) biomethane-treated biogas, the quality and purity of which meets the qualitative parameters of natural gas.
(f) secondary sources of usable energy resources, the energy potential of which arises as a by-product in the conversion and final consumption of energy, in the release from bituminoidal rocks, including degaussing and mining gas, or in the energy recovery or disposal of waste and replacement fuels produced on the basis of waste or in other economic activities;
(g) the 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;
(h) useful heat heat produced in the cogeneration process to meet heat and cooling demand that does not exceed heat or cooling needs and that would be satisfied under market conditions by energy production processes other than cogeneration;
(i) gross final energy consumption of the energy commodity delivered for energy purposes for industry, transport, households, services including public services, agriculture, forestry and fisheries, electricity and heat consumption in the energy sector in the production of electricity, heat and fuels used in the transport, and loss of electricity and heat in distribution and transmission;
(j) green electricity bonus means of supporting electricity production under this Act to producers of electricity from renewable sources, secondary sources or high-efficiency cogeneration;
(k) green heat bonus means of promoting the production of heat pursuant to this Act intended for heat producers;
(l) by a green bonus for biomethane, the funds to support the production of biomethane provided for by this Act to the producers of biomethane,
(m) electricity produced from supported sources of electricity produced from renewable sources, secondary sources or from high-efficiency cogeneration;
(n) production heat source heat energy2) from renewable sources,
(o) biomethane production and biogas treatment equipment or biogas treatment plant for biomethane
(p) producer of electricity from renewable sources, producer of electricity from secondary sources and producer of electricity from high-efficiency cogeneration;
(q) heat producer of heat energy from renewable sources;
(r) Biomethane manufacturer
(s) the purchaser of the electricity trader who buys the electricity produced from the manufacturer;
(t) to the obligor of a electricity trader designated by this Act or selected by the Ministry of Industry and Trade (hereinafter referred to as "the Ministry"), who buys electricity from a producer from a renewable source produced in a power plant in a designated territory;
(u) the quarter-hour price of electricity on the daily electricity market organised by the market operator (3); in cases where the day-ahead electricity market is not organised, the quarter-hour price shall be the fixed unit price of electricity for the special settlement regime in emergency situations as determined by the price range of the Energy Regulatory Authority (hereinafter referred to as "the Authority ');
(v) by a regional distribution system operator, the holder of a power distribution licence whose distribution system is directly connected to the transmission system;
(w) the local distribution system operator holder of a power distribution licence whose distribution system is not directly connected to the transmission system;
(x) by the technological own electricity consumption, the electricity consumption of the main production facility and the ancillary plants directly related to the production of electricity, including the production, conversion or modification of fuel, the losses in the distribution of own consumption, as well as the losses in the power supply or transmission system of power supply power transformers;
(y) waste heat or waste cold heat or cold generated as a by-product in industrial installations, in electricity production plants or in the service sector where the combined production process of electricity and heat has been or will be used or where the combined production of electricity and heat is not feasible, which would be dispersed into air or water without access to the heat supply system without use.
(2) For the purposes of this Act:
(a) a power source for a power plant or part of a power plant capable of operating separately and put into service separately;
(b) a non-fuel electricity source using wind energy, solar energy, geothermal energy or water energy to produce electricity;
(c) the fuel source of electricity, the source of electricity used for the production of electricity, the combustion of biomass, biogas or mining gas, or the source of electricity, the combined production of electricity and heat;
(d) by modernising the electricity generation plant, the restoration of the electricity generation plant involving the full or partial replacement of equipment or operating systems and equipment to replace the installed power or increase the efficiency or installed power of the power plant; a fuel change shall be considered as upgrading;
(e) the reference purchase price for electricity determined by the Authority for the purposes of calculating the quarter-hour green electricity bonus;
(f) the reference auction price of electricity or the price of biomethane offered by the auction tender;
(g) by an auction bonus, funds to support the production of electricity from renewable sources, with the exception of wind energy, the difference between the reference auction price and the quarter hour price, or funds to support the production of electricity using wind energy equal to the difference between the reference auction price and the quarter hour price, taking into account the price of the derogation, or funds to support the production of electricity from high efficiency cogeneration equal to the difference between the reference auction price and the monthly unit price of gas;
(h) the power output of the biomethane plant installed the capacity of the biomethane plant in Nm3 / year;
(i) biomass fuel gaseous or solid fuel produced from biomass;
(j) the energy of the surrounding environment naturally occurring thermal energy and energy accumulated in an environment defined by certain boundaries which may be stored in the air, with the exception of waste air, or in surface or waste water;
(k) geothermal energy stored in the form of heat under the earth's surface;
(l) a guarantee of origin an electronic document showing the origin of the energy supplied to the customer;
(m) advanced biomethane biomethane produced from the raw materials referred to in the implementing legislation;
(n) hydrogen in the industry chemically unbound hydrogen consumed for energy or non-energy purposes in activities under Sections B, C and F and Section J of Section 63 according to the Classification of Economic Activities under the directly applicable European Union41), for its own end use in the territory of the Czech Republic except hydrogen consumed in a mixture with other gases supplied by the gas system;
(o) renewable hydrogen of non-biological origin hydrogen, which is renewable fuel of non-biological origin,
(p) the gas buyer must be a gas trader selected by the Ministry, who buys gas from a biomethane manufacturer;
(q) recycled carbon-containing liquid and gaseous fuel produced from liquid or solid waste of non-renewable origin which is not suitable for material uses under the Waste Act or from non-renewable waste and exhaust gases generated as an unavoidable and unintentional consequence of the production process in industrial installations;
(r) the low-carbon gas part of the gas fuels in recycled fuels with carbon content, low-carbon hydrogen and synthetic gas fuels whose energy content is obtained from low-carbon hydrogen which meet the 70% greenhouse gas emission reduction threshold compared to the non-biological fuel reference value for renewable fuels;
(s) low carbon hydrogen hydrogen, the energy content of which is obtained from non-renewable sources meeting the 70% greenhouse gas emission reduction threshold compared to the reference fossil fuel for renewable fuels of non-biological origin;
(t) gas from renewable sources biogas produced from biomass, including biogas modified for biomethane, and renewable fuel of non-biological origin;
(u) renewable non-biological fuel, liquid and gaseous fuel, the energy content of which is obtained from sources other than biomass;
(v) heat or cold by thermal energy;
(w) advanced biomethane biomethane which is not advanced biomethane and is made of specified raw materials listed in the implementing legislation;
(x) compressed hydrogen, compressed renewable fuel of non-biological origin, compressed natural gas, compressed biomethane and compressed carbon-containing recycled fuel;
(y) the supply of gaseous fuels, which are subject to a tax on natural gas and certain other gases, to the premises of a petrol station or supply unit in the tax territory of the Czech Republic, provided that their supplier has been obliged to grant and pay that tax or is entitled to exemption from that tax under the legislation governing the tax on certain gases, the supply of compressed hydrogen is considered to be the supply to the premises of a gas station or supply unit in the tax territory of the Czech Republic,
(z) the supplier of the gaseous fuel by the person who supplies the gaseous fuel.

HLAVA II

DEVELOPMENT AND REGULATION OF ENERGY SUPPORTED RESOURCES
§ 3
(1) The draft integrated national energy and climate plan shall be drawn up by the Ministry in accordance with the directly applicable regulation of the European Union governing the management of the energy union (4) (hereinafter referred to as the "national plan"). The draft national plan, the manner in which observations are made and the adjustments thereto and the deadline for submitting them shall be published by the Ministry on its website.
(2) The national plan is approved by the Government.
(3) The national plan also includes the objectives of the Czech Republic in the field of electricity and heat generation from high-efficiency cogeneration and secondary sources, in addition to those laid down by the directly applicable European Union Energy Union Regulation.
(4) The Government of the Republic of Moldova provides for electricity, heat and bio-methane plants which have been put into service since 1 January 2022, electricity plants which have been upgraded from 1 January 2022, and for electricity for the maintenance of the power plant in operation (hereinafter referred to as "maintenance support for electricity") and for heat for the maintenance of the heat plant in operation (hereinafter referred to as "maintenance support for heat) and for temporary transformation support for heat supply systems for at least 3 calendar years.
(a) the types of aid to be used for the aid;
(b) the forms of aid referred to in Article 8 to be used to support the generation of electricity put into service as from 1 January 2022 and to power plants for which the modernisation of the power plant has been carried out since 1 January 2022;
(c) the types of sources supported and the size of electricity generation, heat generation and power generation of biomethane pursuant to Sections 4 (2), 5 (2), 6 (2), 6a, 6c, 24 (2), 25a (1), 26b and 27a (1) to be supported;
(d) the quantity of heat from renewable sources delivered to the heat supply system distribution plant in the case of joint combustion of renewable sources and non-renewable sources pursuant to Article 25a (3) to be supported;
(e) the definition of heat not covered by the transitional transformation support for heat supply systems and the price of the greenhouse gas emission allowance ensuring the transition to the transformation of heat production;
(f) the maximum amount of the financial security in the case of an auction;
(g) the definition of the types of supported energy sources under this Act for which it will apply
1. the construction permit (22) of the electricity and biomethane production plant as a condition for participating in the auction;
2. a common auction for power plants put into service from 1 January 2022 and for modernised power plants;
(h) the definition for which type of energy source supported under this Act will be the aid separately for the electricity source and for the electricity generation plant;
(i) the duration of the maintenance support for electricity, the duration of the maintenance support for heat and the period during which transitional transformation support for heat supply systems is granted;
(j) the definition of a biomass-producing heat plant for which the condition for the supply of heat produced to an efficient heat supply system applies;
(k) the definition of the size of the biomethane production plant covered by the biomethane aid.
(5) The Government Regulation referred to in paragraph 4 provides for the support of electricity, heat and biomethane for the whole calendar year. The Government shall issue each calendar year a regulation in accordance with paragraph 4 supplementing the definition of aid for the next calendar year or years so that the definition is determined for a period of at least three calendar years. The Government may amend or supplement the Government's regulation in accordance with the second sentence during the calendar year in question.
§ 3a
(1) The market operator shall publish on its website, by the 15th day of each calendar month thereafter, information on the number of electricity generation plants for which the manufacturer has registered in the market operator's system the support of the modernised electricity generation plant and the number of electricity generation, heat production and biomethane production, which have been put into service since 1 January 2022, and on their aggregated installed electricity, thermal and power output, broken down by type of sources supported and operating aid for which aid has been registered in the market operator's system. Furthermore, the market operator shall, within the time limit and in accordance with the first sentence, publish information on the quantity of heat supported from renewable sources delivered to the heat supply system distribution plant in the event of joint combustion of renewable sources and non-renewable sources from the beginning of the calendar year concerned.
(2) Where the aggregated installed electricity output for power plants not subject to an auction, or heat output for heat plants or biomethane production plants, broken down by type of sources supported and operating aid published by the market operator, reaches the aggregated power value by type of sources supported by the government, broken down by type of sources supported over the defined period, then electricity, heat or biomethane produced in electricity, heat or biomethane produced in power plants, heat or biomethane used in the relevant type of supported resource, shall not be subject to aid under this Law, for electricity, heat or biomethane produced in the electricity generation plant from the first day of the fifth calendar month following the publication of the information on the achievement of the aggregate power for the corresponding source supported. A defined period shall mean the period for which the government has established a definition in accordance with Paragraph 3 (4).
(3) Paragraph 2 shall not apply in the case of a power plant, a heat plant or a biomethane plant for which a building permit has been granted by a legal power (22) before the date of publication of the information of the market operator on the achievement of the cumulative power value referred to in paragraph 2 and for which the upgraded power plant will be registered in the market operator's system within 2 years from the date of publication of the information by the market operator referred to in paragraph 1. Where a price scale does not provide for the amount of aid in the market operator's system at the time the electricity, heat or biomethane plant is put into service or at the time of registration of the modernised electricity plant, the amount of aid fixed for those plants put into service or upgraded in the calendar year in which the information on the achievement of the cumulative power value referred to in paragraph 2 has been published shall apply.
(4) Where the quantity of heat from renewable sources supplied to the heating plant of the heat supply system is exceeded in the case of joint combustion of renewable sources and non-renewable sources provided for by the Government Regulation pursuant to Article 3 (4) (d), the market operator shall, from the first day of the second calendar month following the month in which the information on such excess is published, reduce the amount of the green heat bonus from renewable sources supplied from the joint combustion of renewable sources and non-renewable sources from the first day of the calendar year in which the actual amount of heat from renewable sources supplied to the heating system in the case of combined combustion of renewable energy and non-renewable sources provided by the Government under Article 3 (d).

HLAVA III

AID FOR ELECTRIC RESOURCES AND SECOND RESOURCES AND HIGH-EFFICIENT COMBINED ELECTRICITY AND HEAT PRODUCTS
§ 4
Aid for renewable electricity
(1) For the purposes of determining the support for electricity from renewable sources under this Act, electricity produced by using renewable sources measured at the transmission point of the electricity production plant (5) and the distribution system or transmission system, or measured at the terminals of the generator and reduced by the technological own electricity consumption, shall be considered to be electricity from renewable sources. If the manufacturer withdraws electricity from the transmission or distribution system or from another electricity generation plant to cover its own technological consumption, electricity shall be supported in the quantity measured at the transmission point of the electricity plant and reduced by the amount of electricity collected for the technological own consumption.
(2) The promotion of electricity from renewable sources covers the production of electricity from renewable sources in electricity plants in the territory of the Czech Republic connected to the electricity system of the Czech Republic directly or through a demand point or through another electricity plant connected to the electricity system of the Czech Republic. In the case of electricity generation put into service from 1 January 2022, the aid for electricity from renewable sources may only apply to electricity plants using water energy in electricity production plants up to 10 MW, wind, sunlight, landfill and sludge gas. In the case of electricity generation put into service from 1 January 2024, aid for electricity from renewable sources may also cover electricity generation plants up to 500 kW of installed power using biogas energy.
(3) Aid for electricity from renewable sources shall cover electricity produced in electricity production plants using renewable sources which meet the minimum energy efficiency laid down in the implementing legislation. The minimum efficiency requirements for energy use are not laid down for power plants using geothermal, solar, wind and water power.
(4) For electricity produced
(a) by burning renewable sources, the promotion of electricity from renewable sources shall be determined differently according to the type and parameters of the renewable source and the methods of its use laid down in the implementing legislation;
(b) from biomass or bioliquids, the promotion of electricity from renewable sources shall cover only electricity produced in an installation capable of producing electricity in the cogeneration of electricity and heat to which the Ministry has issued a certificate pursuant to Article 47;
(c) from solid biomass fuels in the electricity production plant with a total rated thermal input of more than 7,5 MW or from biomass gaseous fuels in the electricity plant with a total rated thermal input of more than 2 MW, only electricity produced from biomass fuels meeting the sustainability criteria for biomass fuels and greenhouse gas emission savings under the implementing legislation, while biomass fuels produced from waste and residues other than residues from agriculture, aquaculture, fisheries and forestry must meet only the criteria for greenhouse gas emission savings, excluding biomass fuels produced from solid municipal waste that are not subject to the criteria for greenhouse gas emission savings;
(d) the use of solar energy shall cover only electricity produced in a electricity production plant not located on agricultural land I or II.
(e) the energy use of municipal waste covers only electricity produced from the biodegradable part of municipal waste; in the case of unsorted municipal waste, the proportion of biodegradable and indivisible part to the energy content of municipal waste shall be determined by the implementing legislation;
(f) the promotion of electricity from renewable sources applies only to electricity produced from bioliquids meeting the sustainability and greenhouse gas emission saving criteria laid down in the implementing legislation, while bioliquids produced from wastes and residues other than residues from agriculture, aquaculture, fisheries and forestry must comply only with the criteria for greenhouse gas emission savings excluding bioliquids produced from solid municipal waste which are not subject to the criteria for greenhouse gas emission savings;
(g) biogas, with the exception of landfill and sludge gas, shall cover only electricity produced in the electricity plant, which ensures the application of useful heat of at least 50% of the heat produced.
(5) Aid for electricity from renewable sources does not cover electricity from renewable sources
(a) in the case of unauthorised supply of electricity to the electricity system under another legislation8);
(b) produced by a renewable electricity producer which does not fulfil any of the obligations under Article 11a (1), (2) or (4) or fails to fulfil an obligation towards a market operator under Article 11a (5) or (6);
(c) a measured measuring device which has detected the measured values incorrectly by the manufacturer as a result of unauthorised interference with that measuring device or by a breach of security against unauthorised manipulation or error and failure of the measuring device; or
(d) produced from biomethane to which the aid for biomethane has been applied under this Act.
(6) Manufacturers which, for technological reasons, use electricity from biogas or biomass as well as other fuels are entitled to support electricity from renewable sources only to the energy share attributable to biogas or biomass. The method of determining the supported quantity of electricity shall be laid down in the implementing legislation.
§ 5
Support for secondary electricity
(1) For the purposes of determining the promotion of electricity from secondary sources under this Act, electricity produced by the use of secondary sources measured at the transmission point of the electricity generation plant (5) and the distribution system or transmission system, or measured at generator terminals and reduced by the technological self-consumption of electricity when the Ministry issued a certificate of origin of electricity from secondary sources for electricity produced from secondary sources. If the manufacturer withdraws electricity from the transmission or distribution system or from another electricity generation plant to cover its own technological consumption, electricity shall be supported in the quantity measured at the transmission point of the electricity plant and reduced by the amount of electricity collected for the technological own consumption.
(2) The promotion of electricity from secondary sources applies to the production of electricity from secondary sources in electricity plants in the territory of the Czech Republic connected to the electricity system of the Czech Republic directly or through a demand point or through another electricity plant connected to the electricity system of the Czech Republic.
(3) The aid for secondary electricity shall cover electricity produced in secondary power plants which meet the minimum energy efficiency laid down in the implementing legislation.
(4) Support for secondary electricity shall be granted for the quantity of electricity declared by the manufacturer in terms of terms, to the extent and in a manner specified in the implementing legislation.
(5) Aid for electricity from secondary sources shall not apply to electricity:
(a) secondary sources in the case of unauthorised supply of electricity to the electricity system under other legislation8);
(b) produced by a secondary source electricity producer which does not fulfil any of the obligations under Article 11a (1) or (4) or fails to fulfil an obligation towards a market operator under Article 11a (5); or
(c) a measured measuring device which has detected the measured values incorrectly so as to benefit the manufacturer as a result of unauthorised interference with that measuring device or of a breach of security against unauthorised manipulation or error and failure of the measuring device.
§ 6
Aid for electricity from high-efficiency cogeneration
(1) For the purposes of determining the aid for electricity from high-efficiency cogeneration pursuant to this Act, electricity from high-efficiency cogeneration shall be considered to be electricity produced in a joint process linked to the supply of useful heat in an installation for which the Ministry has issued a certificate of origin of electricity from high-efficiency cogeneration with primary energy savings of at least 10% compared to separate generation of electricity and heat. In the case of installations with an installed electrical power of less than 1 MW, electricity from high-efficiency cogeneration shall be considered to have a positive value for primary energy saving. The method of calculating primary energy savings shall be laid down in implementing legislation.
(2) The promotion of electricity from high-efficiency cogeneration covers electricity from high-efficiency cogeneration produced in electricity plants in the Czech Republic connected to the electricity system of the Czech Republic directly or through a demand point or through another electricity plant connected to the electricity system of the Czech Republic.
(3) Aid for electricity from high-efficiency cogeneration shall be granted for the quantity of electricity declared by the manufacturer at the dates, to the extent and in a manner specified in the implementing act.
(4) The promotion of electricity from high-efficiency cogeneration does not apply to electricity
(a) high-efficiency cogeneration in the case of unauthorised supply of electricity to the electricity system under other legislation8);
(b) produced by the electricity producer from high-efficiency cogeneration which does not fulfil any of the obligations under Article 11a (3) and (4) or does not fulfil an obligation towards the market operator under Article 11a (5);
(c) a measured measuring device which has detected the measured values incorrectly by the manufacturer as a result of unauthorised interference with that measuring device or by a breach of security against unauthorised manipulation or error and failure of the measuring device; or
(d) produced by incineration of waste.
§ 6a
Maintenance support for electricity
(1) The Authority provides for maintenance aid for electricity in order to compensate for the difference between the specific operating costs of biomass production and the specific operating costs of solid fossil fuels.
(2) The scope and total amount of the specific operating costs used by the Authority for determining the amount of the maintenance support for electricity referred to in paragraph 1 shall be laid down in the implementing legislation.
(3) The maintenance aid for electricity shall cover electricity produced from biomass in the electricity production plant, provided that the use of useful heat is ensured at least 50% of the heat produced.
(4) The Authority shall adjust the amount of the maintenance support on an annual basis on the basis of monitoring the operating costs and their changes.
(5) The registration of this aid in the market operator system by the manufacturer is a condition of the right to maintenance support.
(6) Maintenance aid for electricity is not granted until:
(a) the submission of a final order pursuant to Paragraph 35 (8), where, in the case of a power-generating facility before registration of maintenance support for electricity in a market operator's system, a procedure has been followed to determine the conditions of the aid ex officio; or
(b) the presentation of a proof of non-compliance in the case of found excess aid for a power plant prior to the registration of maintenance aid for electricity in a market operator system where the obligation to return funds to the State budget is imposed pursuant to Article 35 (5) (b).
(7) In addition, the requirements, conditions and rules set out in Sections 4, 5 and 6 apply to the maintenance support of electricity.
§ 6b
Adaptation of electricity generation facilities
(1) The adjustment of the electricity generation plant does not affect the right to support the electricity produced before the modification of the plant and the conditions for granting such aid, except in the cases referred to in paragraph 2 and in Section 6c.
(2) In the event of an increase in the installed power of the electricity generation plant by the adjustment of the electricity plant, and the manufacturer does not apply the aid to electricity produced in the modernised electricity generation plant pursuant to § 6c, the right to electricity support shall apply to:
(a) non-fuel electricity sources for the quantity of electricity in relation to the installed power of the electricity production plant, to the extent that the right to aid existed before the modification of the installation and the installed power of the electricity production plant after its implementation;
(b) the fuel sources of electricity for the quantity of electricity corresponding to the production of electricity in an installed power plant, to the extent that the right to support existed before the modification of the installation was carried out; the method of determining the amount of electricity shall be laid down in the implementing legislation.
(3) In addition, the requirements, conditions and rules set out in Sections 4, 5 and 6 apply to the adjustment of electricity generation facilities.
§ 6c
Modernization of the power plant
(1) The aid for electricity produced in a modernised electricity production plant shall cover electricity produced in that electricity production plant subject to the conditions and requirements for the modernisation of the electricity production plant for each of the types of supported energy sources laid down in the implementing legislation.
(2) The registration of this aid in the market operator system by the manufacturer is a condition for the right to support electricity produced in a modernised electricity production plant.
(3) By registering aid for a modernised electricity production plant, the right to aid for electricity arising before the modernisation of the electricity plant is carried out is no longer established.
(4) In the case of electricity produced in a modernised electricity generation plant
(a) from biomass, the aid for electricity shall apply to electricity produced in the electricity production plant where:
1. for the production of electricity using agricultural biomass having a power output up to and including 7,5 MWel, put into service until 31 December 2012, ensure the application of useful heat of at least 40% of the produced heat;
2. in the case of electricity production not covered by point (a) (1), ensure the application of useful heat at least 50% of the heat produced;
(b) from biogas with the exception of landfill and sludge gas, the aid for electricity shall apply to electricity produced in a power plant which is distant;
1. more than 5 km from the nearest point of its possible connection to the gas installation of the transmission system operator, distribution system operator or other gas manufacturer, provided that the application of useful heat at least 40% of the heat produced is ensured;
2. less than 5 km from the nearest point of its possible connection to the gas installation of the transmission system operator, distribution system operator or other gas manufacturer, provided that the application of useful heat at least 50% of the heat produced is ensured; This does not apply to cases where it is not possible to connect the electricity generation plant to the transmission system operator, distribution system operator or other gas producer which is less than 5 km away from the electricity generation plant; for such cases, the requirement to ensure the application of the useful heat referred to in point (b) (1) shall apply;
the method of demonstrating the distance of the electricity generation plant from the nearest possible point of connection to the transmission system operator, distribution system operator or other gas manufacturer's gas plant and the impossibility of connecting the electricity plant to the transmission system operator's gas plant, distribution system operator or other gas producer shall be demonstrated by a capacity assurance protocol.
(5) Aid for electricity produced in a modernised electricity production plant is not granted to:
(a) the submission of a final order pursuant to Article 35 (8), where the electricity generation plant has been subject to an ex officio procedure before the modernisation of the electricity production plant; or
(b) the presentation of a proof of non-aliability in the case of found excess aid for a power plant prior to the modernisation of the power plant, where a recovery obligation is imposed in accordance with Article 35 (5) (b).
(6) Furthermore, the requirements, conditions and rules set out in Sections 4, 5 and 6 apply to the modernisation of the electricity generation plant.
§ 7
Rights and obligations of entities on the electricity market from renewable sources, secondary sources and high efficiency cogeneration
(1) The transmission system operator or distribution system operator shall, on its licence-defined territory, primarily connect to the transmission system or to the distribution system of the electricity generation from the supported source for the purpose of transferring electricity or distributing electricity, where requested by the manufacturer, with exceptions and under conditions under other legislation9).
(2) The transmission system operator or distribution system operator shall, at the request of the manufacturer whose electricity production from the supported source is to be connected to the distribution system or transmission system, provide the information necessary for the connection, estimate the costs associated with the connection, time limits for receipt and processing of the connection request and estimate the time necessary for the connection.
(3) The right to promote electricity from renewable sources, secondary sources or high-efficiency cogeneration (hereinafter referred to as "electricity promotion") under this Act applies only to the licence holders for the production of electricity which produces electricity from supported sources.
(4) The transmission system operator or distribution system operator shall register the transmission point of the electricity generation plant producing electricity from renewable sources, co-sources or high-efficiency cogeneration for which entitlement to the support of electricity under this law arises, connected to the transmission system or distribution system operated by it directly or through a demand point or through another electricity plant connected to the transmission or distribution system as a production point in the market operator's system, and further register any changes in these data under another regulatory provision (10).
(5) The right to support electricity for electricity generation plants put into service from 1 January 2022 shall apply only to electricity production plants whose production plants are not more than 5 years old on the date of entry into service. The right to aid for modernised electricity production plants shall apply only to electricity production plants whose technological units are replaced in the framework of the modernisation are not more than 5 years old at the date of registration of the aid.
§ 8
Forms of electricity support
(1) Electricity support takes the form of a green electricity bonus, an auction bonus or a purchase price. The aid for electricity in the form of a purchase price may not be applied to the electricity plant,
(a) which has been put into service since 1 January 2022;
Zobrazit všechna ustanovení (1698)

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Regulation Information

CitationAct No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation30.05.2012
Effective from01.01.2013
Effective until-
Status Valid
The regulation text is for informational purposes only.

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