What is Decree No. 172 / 1982 Coll.?

Federal Ministry of Fuel and Energy Decree 172 / 1982 Coll., on the basic conditions of supply of heating gases, oil and gazoline — Decree of the Federal Ministry of Fuel and Energy on the basic conditions of supply of heating gases, oil and gazoline.

When it became Decree No. 172 / 1982 Coll. effectiveness?

Decree No. 172 / 1982 Coll. became effective 01.01.1983.

Is Decree No. 172 / 1982 Coll. still valid?

Yes, Decree No. 172 / 1982 Coll. is still valid and effective.

Decree No. 172 / 1982 Coll. - Decree of the Federal Ministry of Fuel a...

172

DECLARATION

Federal Ministry of Fuel and Energy

of 16 December 1982

on the basic conditions for the supply of heating gases, oil and gazoline

The Federal Ministry of Fuel and Energy, in agreement with the participating central authorities and the State Arbitration of the Czechoslovak Socialist Republic, provides, pursuant to § 392 (1) of Economic Code No. 109 / 1964 Coll., as amended by Act No. 37 / 1971 Coll. and as amended by Act No. 165 / 1982 Coll. and § 26 of Act No. 67 / 1960 Coll., on the production, distribution and use of heating gases (Gas Act):

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This Decree regulates supplies

(a) heating gases

1. gas, natural gas, coke oven gas, technically pure

2. Propane-butane

(b) oil and gazoline

between socialist organizations.

(2) The Decree does not apply to deliveries for and from imports.

§ 2

Distribution of customers

(1) Organisations take fuel gases from the pipeline network as wholesale or retail customers.

(2) Large-scale customers are customers of heating gases whose planned annual consumption exceeds 120 000 m3 of gas and coke oven gas or 60 000 m3 of natural gas at baseline delivery conditions (1) per sampling point. Depending on the nature of consumption, it is divided into large customers

(a) technological character

(b) the swelling character.

(3) Small customers are customers of heating gases in quantities smaller than those referred to in paragraph 2, as well as those of propane-butane.

(4) A single sampling point shall be considered as an object or, where applicable, a plot forming a separate and permanently connected unit in which the heating gas is collected for one customer. In doubt, the sampling point shall be determined by the supplier.

ČÁST DRUHÁ

ADJUSTMENTS TO HOT GAS FROM GAS NETWORK

Oddíl první

General provisions

§ 3

Assumption of collection

(1) An organisation intending to submit an application for the purchase of heating gases (hereinafter referred to as "the application") must have a designated fuel base if it has to be determined under the specific regulations (2).

(2) Upon compliance with all the conditions laid down for the connection of gas demand facilities (3), the customer shall submit a report to the heating gas supplier on the initial revision carried out and submit an application. In order to start the purchase, it is required to request the consent of the supplier.

(3) If the organisation takes over the objects in which the gas collection facility is connected to the gas pipeline network, it shall notify the supplier within 3 days of the receipt of the status of the measuring device and submit an application within 8 days or within the same time limit in writing that it does not intend to withdraw heating gases.

§ 4

Technical and delivery conditions

(1) The supply is satisfied by switching the heating gas from the supplier's equipment to the customer's equipment.

(2) If the level of the operating pressure is not agreed in the contract, the heating gases shall be supplied under the pressure specified by the technical standard.4)

(3) Without the consent of the supplier, the customer must not leave heating gases to other customers.

ODDÍL DRUHÝ

Economic contracts with wholesale customers

§ 5

Following the outcome of the discussion of the supply-customer relations under the Specific Regulations (5) and within the deadlines set for the breakdown of the State Implementation Plan, they shall:

(a) all wholesale customers whose senior ministries hold a heating gas fund, submit to the supplier a certificate from their superior authority of the amount of the allocated annual heating gas fund and, in agreement with the supplier, make a division into each quarter;

(b) other wholesale customers shall discuss with the supplier the amount of the annual heating gas fund and, in agreement with the supplier, make a breakdown in each quarter.

§ 6

Conclusion of contracts

(1) Economic contracts for the supply and take-off of heating gases shall be concluded for each sampling point in particular. The formalities necessary for the creation of the contract are:

(a) a confirmed application;

(b) the technical and delivery conditions to be agreed before the start of the collection, normally for an indefinite period;

(c) a daily sampling chart in which the quantity and time of filling, hereinafter referred to as "the diagram," is agreed in particular;

(d) the regulatory plan governing the sampling of the declaration of the control levels and the heating curves.

(2) In technical and delivery conditions, rules on the use of the second fuel will be agreed with customers with a dual fuel economy.

§ 7

Negotiating diagrams

(1) Within 35 days before the beginning of the quarter, the collector is obliged to deliver a draft diagram to the supplier for each sampling point in a monthly breakdown. This obligation shall not apply to the withdrawals referred to in paragraph 7.

(2) For customers of a heating character, the figure for each month and calendar days is determined on the basis of the long-term assumption of the average monthly atmospheric temperature at the sampling point.

(3) If the supplier does not agree with the draft diagram, he shall be obliged to send to the customer no later than 10 days after receipt of the draft amendments and supplements; If not, the diagram is valid according to the customer's proposal.

(4) If the customer does not agree with the draft amendments and supplements submitted by the supplier, he shall be obliged to discuss the proposal within 10 days of its receipt; If no agreement is reached, the buyer shall, within the same time limit, submit a dispute to the arbitration panel. Unless the arbitration authority so decides, deliveries shall be made according to the supplier's proposal.

(5) In determining the daily limits not exceeding, a diagram of the amount of the limit broken down by the fund holder shall apply to customers.

(6) According to the supply and operational situation at the request of the customer, the supplier may, where justified, make an amendment to the diagram by confirming the allowance. Amendments shall not be allowed retroactively even for periods of declaration of degrees limiting sampling to minimum safety.

(7) For newly built plants and plants or, where applicable, reconstructed sampling facilities, the supplier shall negotiate with the customer, during the period of their construction and putting into service, specific conditions of collection, in particular the method of rectifying the collection at the time of publication of the regulatory measures and evaluating consumption. The duration of the special conditions shall be determined taking into account the technical conditions of the customer for the period strictly necessary. The daily sampling diagram shall be agreed to the estimated value.

§ 8

Collection records

(1) Large-scale customers are required to record the state of the measuring equipment on a daily basis at 6 am the following day and within 14 hours the quantities of heating gases actually collected, converted into basic delivery conditions. 1)

(2) The quantity of heating gases collected shall be reported to the supplier on the prescribed form. A duly completed and processed form for the previous calendar month shall be delivered by the customer on the first working day following the end of the month according to the supplier's availability.

(3) The actual sampling assessment diagram (Section 14) is the basis for invoicing the quantity of heating gases collected and for charging property penalties.

(4) At the request of the supplier, but not more than 12 times a year, the customer shall record and evaluate the hourly flow of heating gases. A duly completed record of the record shall be sent to the supplier within 3 days of the reference date.

(5) Selected large-scale heating gas customers, and in the event of exceptional circumstances in the operation of the gas system and others, are required to report on actual purchases at the supplier's request, even in a shorter period than one month. The method of reporting actual purchases shall be agreed between the supplier and the customer in technical and delivery conditions [Paragraph 6 (1) (b)].

§ 9

Amendment and decommitment

(1) Heating gas collectors are obliged to submit a new application to the supplier

(a) in the case of the reconstruction of a sampling gas installation;

(b) where gas appliances and the nature of the collection are changed;

(c) in the event of an increase in collection due to the introduction of multi-shift operations.

(2) The customer is obliged to notify the supplier in writing no later than 35 days in advance and to allow the supplier to carry out the last deduction or, where appropriate, to remove the measuring equipment and to take other measures related to the termination of the collection.

Oddíl třetí

Economic contracts with retail customers

§ 10

Conclusion of contracts

(1) The contracts for the supply of heating gases with retail customers are concluded for an indefinite period by confirming the application. By returning one certified copy of the application, the supplier undertakes to supply heating gases for the agreed appliances. The contract shall also include a payment agreement for the fuel gas collected.

(2) Small customers may collect fuel gas at a single point of consumption up to the annual consumption limit set. The obligation to set the annual consumption limit shall not apply to customers whose collection at this point of consumption

(a) does not exceed 10 000 m3 of heating gas per year; or

(b) is subsequently charged to citizens; or

(c) it is intended for the operation of health care facilities, welfare facilities, pre-school and school facilities, recreational facilities and pioneer camps.

(3) The basis for establishing the annual heating gas consumption limit shall be the actual consumption in the previous calendar year, but not more than the limit fixed for the previous year.

(4) The Federal Ministry of Fuel and Energy will notify the central authorities of small-scale customers and declare, for the following calendar year, in the mass media a guide for setting the annual consumption limit.

(5) In the case where the retail client during the previous year or during the current year:

(a) submit a new application (§ 11 (1));

(b) increase or decrease the consumption due to a change in the use of its special-purpose equipment

the limit shall be determined by calculating the power input of the appliances and their use in time.

(6) The consumption limit referred to in paragraphs 3 and 4 or in paragraph 5 shall be fixed on the prescribed form by the retailer. The limit shall be fixed within 1 month from the beginning of the current year or from the change in the consumption ratios and confirmed by the superior body of the retail customer.

(7) At each sampling point, a documentary evidence of the amount of the fixed annual heating gas consumption limit shall be available for inspection purposes.

§ 11

Amendment and decommitment

(1) A retail customer wishing to extend the procurement by using appliances other than those specified in the application or to modify the appliances in such a way that it would require a change in the measuring equipment or the pipeline connection is obliged to submit a new application.

(2) The collector shall submit to the supplier a proposal to terminate the purchase in writing at least 8 days in advance and allow the supplier to carry out the last deduction and to implement the measures relating to the termination of the supply of heating gases.

(3) If the customer does not notify the termination of the purchase or does not allow for the execution of the deduction, he is obliged to pay the amount of gas collected until the application has been filed by the new customer or the supply of heating gases has ended.

(4) If the buyer does not withdraw heating gases without a serious reason for at least 3 months, he shall be obliged to proceed on a proposal from the supplier to cancel the contract.

Oddíl čtvrtý

Supply and consumption regulation

§ 12

(1) In the interests of the smooth supply of all customers with heating gases, the supplier is entitled to apply regulatory measures to wholesale customers.

(2) Regulatory measures are carried out according to the declared consumption levels and heating curves for the supply and consumption of heating gases and are part of an agreed economic contract [Paragraph 6 (1) (d)]. The amount of supply at each sampling stage shall be expressed as a percentage of the quantity of gas contracted. 6)

(3) Large-scale customers are required to monitor regular reports in the mass media on declared consumption rates and heating curves applicable to the consumption of heating gases; they are required to record on the prescribed form the declaration and withdrawal of individual sampling stages and heating curves and immediately implement the measures to comply with them.

§ 13

(1) The sampling steps are:

(a) basic - sampling according to the agreed diagram,

(b) improving - the possibility of sampling above the agreed diagram,

(c) limiting - reducing the contracted quantity of collection to a minimum of security;

(d) emergency - complete interruption of heating gas supply.

(2) The revolving curves are:

1. curve - basic sampling according to agreed diagram,

2. curve - quantity contracted reduced; this does not concern health, education, housing, etc.,

3. Curve - collection reduced to contracted level of safety and technical minima. The reduction does not concern the necessary health services, the daily supply of the population with essential living needs and special agricultural establishments.

(3) For the supply and take-off of heating gases, these derogations are permitted in quantities (hereinafter referred to as tolerance).

(a) for customers of a technological character [Paragraph 2 (2) (a)]

at sampling stages:

základním	+ 1 % až – 4 %
nadlepšujícím	+ neomezeno až – 4 %
omezujícím a havarijním + 0 až – neomezeno

(b) for customers of a heating character [§ 2 (2) (b)]

1. křivka	+ 2 až – 3 %
2. a 3. křivka	+ 0 až – neomezeno.

§ 14

Evaluation

(1) Wholesale customers of a technological nature with daily monitoring are evaluated daily by comparing actual sampling with the actual sampling of the specified diagram or regulatory measures, taking into account the tolerance established.

(2) Large-scale users of a technological nature with monthly monitoring and customers of a heating character are evaluated by comparing the monthly sum of the quantities determined by the diagram and, where appropriate, the regulatory measures, including tolerances, with the quantities actually collected per month.

(3) The method of monitoring and evaluating the purchases will be agreed between the supplier and the customer when concluding the economic contracts for the relevant period [Paragraph 6 (1) (b)].

Restrictions or interruptions

§ 15

The supplier may limit or interrupt the supply of heating gases:

(a) when carrying out planned maintenance and revision work, discussed in advance with the customer; large-scale heating gas customers shall be subject to a preliminary discussion of these measures 10 days before the drawing up of the sampling chart, but at least 90 days before the start of work,

(b) if, after prior consultation, there is a permanent change in the nominal pressure or a change in the type of heating gas supplied, 8)

(c) on grounds of natural disasters;

(d) in the implementation of the regulatory measures on the basis of the sampling stages and heating curves for the management of the supply and collection of heating gases;

(e) repair of failures and accidents, 9)

(f) in the case where the customer permanently collects heating gases without agreement with the supplier in excess of the quantity agreed on or determined;

(g) if the supplier's authority or national professional supervision finds that the gas collection facility does not comply with the legislation, in particular with technical standards, to the extent that it is liable to endanger the safety of people or property,

(h) where the customer makes it impossible for the supplier to access the measuring device or part of it or to access the sampling gas;

(i) where the customer has been found to have been incorrectly taken;

(j) if the customer changes the number or total input of the gas sampling equipment (appliances) without the supplier's consent,

(k) if the customer fails to comply with the order of the supplier or of the state professional surveillance authority for the removal of defects in the gas demand facility or does not remove the equipment which causes an exceptional drop or fluctuation of gas pressure in other customers;

(l) if the customer leaves heating gases to other customers without the consent of the supplier (§ 4 (3)).

§ 16

(1) The supplier is obliged to notify the customer in advance of the limitation or interruption of the supply of heating gases for the purpose of carrying out the planned work under Article 15 (a) and (b), in an appropriate manner, to the wholesale customer for at least 10 days, other customers for at least 24 hours.

(2) The supplier shall notify the customer of other cases of limitation or interruption of the supply of heating gases without undue delay as soon as the fact or necessity justifying the measure has occurred. The supplier may interrupt the supply of heating gases to large customers for the reasons set out in § 15 (g) to (l) only after prior notice or, where applicable, after a reasonable period of time has expired.

§ 17

The collector may restrict or discontinue the consumption of heating gases for the reasons set out in Section 15 (a), (c) and (e) in accordance with the applicable rules. It is obliged to treat it in the same way as the supplier pursuant to § 16.

§ 18

The supplier shall renew the interrupted supply of heating gases after removing the defects or causes for which the supply has been interrupted.

Oddíl pátý

Quality and measurement of deliveries

§ 19

Quality of heating gases

(1) The quality of the heating gases must comply with the technical standards. 10)

(2) In order to determine the quality characteristics of the heating gases, data on the regularly recorded values of the supplier's measuring equipment, located at node points of the pipeline network for a specific area, shall be binding. Suppliers shall be obliged to inform the wholesale customers of the node point applicable to the area concerned.

(3) Unless otherwise specified in the technical standards, the results obtained from analysis of samples taken continuously over 24 hours or over a period agreed with the customer shall apply to the evaluation of the quality of the heating gases. The analyses shall be carried out according to technical standards or usual analytical methods.

(4) At the request of the customer, the supplier is obliged to communicate the results of the analyses to him.

(5) In the event of non-compliance with the quality characteristics of the gases supplied in accordance with technical standards or technical conditions, the supplier shall provide the customer with a deduction from the price of the amount and under the conditions laid down in the price list. 11)

Measurement of deliveries

§ 20

(1) The measurement of supplied heating gases is provided by the supplier.

(2) The type, location and location of the measuring equipment are decided by the supplier.

(3) Any change to the location of the measuring device shall be made only by the supplier.

(4) The wholesale customer is obliged to monitor the correct operation of the measuring equipment and to report to the supplier within 3 days any defects and uncertainties in the measurement as well as obvious failures in the gas supply before the measurement. It shall also ensure that the measuring equipment is secured in a manner specified by the supplier so as not to damage it.

(5) In the case of registration measuring instruments, the wholesale customer shall monitor their continuous operation and recording and perform normal service (replenishment of the registration tapes, etc.) to the extent specified by the supplier.

(6) In the event of a failure of the electronic measuring system, the wholesale customer shall carry out a recalculation of the quantity taken according to the technical standard. 12)

(7) Small customers are required to carry out regular monthly heating gas sampling readings at each sampling point on the last working day of each month and to keep a written record thereof on the prescribed form.

§ 21

(1) The wholesaler is obliged to set up a bypass with a seal provided with a supplier's seal on his load around the measuring device. Only the supplier may open the bypass cap. In exceptional cases, in particular where there is a risk of delay, the closure may be opened by the customer, but must notify the supplier without delay.

(2) A retail customer whose interruption of the supply of heating gases, or failure of the measuring equipment, could cause significant damage, shall, with the agreement of the supplier, establish a bypass around the measuring equipment with a seal provided by the supplier. Only the supplier may open the bypass cap.

§ 22

(1) The supplier is obliged, at the request of the customer, to ensure checking of the measuring equipment (13) within 15 days of receipt of the application and if the equipment is defective, to replace it with the correct one.

(2) The request for a check shall not release the customer from the obligation to pay the instalment or invoice for the fuel gas collected within the specified time limit.

(3) If it is found when checking that the measuring device indicates a value within the limits of the tolerances allowed, 14) the customer shall pay the cost of the check.

(4) Where it is found, when checking, that the measuring device indicates a value that deviates from the actual value more than the technical standard (13) or the technical condition, the beneficiary organisation shall pay an amount corresponding to the deviation in the data from the date on which the defect was created, unless it is possible to determine the date on which the defect arose, from the date of the last deduction. The costs of checking and exchanging measuring equipment shall be borne by the supplier.

(5) The amount of consumption for a period when the measuring equipment did not comply with the technical standard shall be determined by comparing the consumption before and after the examination and, where appropriate, by calculating the consumption taking into account the deviation found during the examination. If consumption cannot be determined in this way, it shall be determined according to the consumption of the previous year, adjusted according to the planned trend of sampling.

(6) Where consumption cannot be determined on a regular basis in accordance with paragraph 5, the consumption of heating gas shall be determined by agreement.

(7) If there is a new sampling or a change in the sampling ratios, the supplier may determine the gas consumption according to the average consumption measured in subsequent periods.

(8) For the period during which the wholesale customer collects the quantity of gas not measured in the case referred to in Paragraph 21 (1), its consumption shall be invoiced in advance or determined and invoiced on average over the previous 3 months.

(9) In the case referred to in Paragraph 21 (1), when a retail customer collects the quantity of gas not measured, its consumption shall be invoiced in advance or in accordance with the daily average over the past reading period, taking into account any extension of the collection.

Oddíl šestý

Unauthorised collection

§ 23

(1) Unauthorised procurement shall be considered as:

(a) where the customer collects heating gases without contract with the supplier, except where the contract has not been concluded for the circumstances of the supplier;

(b) where the customer draws heating gases not measured by the supplier's measuring instruments without his consent;

(c) where the customer collects heating gases for purposes other than those agreed or specified in the fuel base allocation decision;

(d) if the customer has taken such measures as to ensure that the measuring equipment does not either record consumption or record it incorrectly to the detriment of the supplier or if the customer uses the equipment so modified;

(e) if the measuring equipment or any part of it has been damaged, the factory or company seals and the state or corporate verification marks and the customer does not report this to the supplier no later than 3 days after it has been established,

(f) if the customer has failed to fulfil the obligations imposed on him in Sections 3 (2), 9 (1), 11 (1) and 21 (1),

(g) if the customer is not subject to the supplier's regulatory measures (§ 12),

(h) if the customer has made a record of pressure and temperature for conversion incorrectly to the detriment of the supplier.

(2) The quantity of heating gases unduly collected for unmeasured or incorrectly measured sampling shall be determined by the sum of the full output of all gas appliances with unmeasured or incorrectly measured sampling, as recorded with the customer, for at least 8 hours a day, in the case of exchange operations up to 24 hours a day, multiplied by the number of days during the whole period of such sampling. If it is not possible to determine the total period of illegal take-off of heating gases, the take-off shall be invoiced for the period from the last regular deduction or, for large customers, from the last check by the natural gas undertaking.

(3) The amounts calculated in accordance with paragraph 2 shall be added to the costs associated with the detection of unauthorised collection, but not less than 500 Cds.

(4) The aggregate amount invoiced for unauthorised collection shall be reduced by the amounts paid for the collection at the time of unauthorised collection.

Oddíl sedmý

Property sanctions

Citation	Federal Ministry of Fuel and Energy Decree 172 / 1982 Coll., on the basic conditions of supply of heating gases, oil and gazoline
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	17.12.1982
Effective from	01.01.1983
Effective until	-
Status	Valid

Decree No. 172 / 1982 Coll.

Decree of the Federal Ministry of Fuel and Energy on the basic conditions of supply of heating gases, oil and gazoline

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