Decree No. 176 / 1973 Coll.
Decree of the Federal Ministry of Fuel and Energy issuing basic conditions for the supply of heating gases, oil and gazoline
Valid
Effective from 01.01.1974
Contents
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176
DECLARATION
Federal Ministry of Fuel and Energy
of 20 December 1973
issuing 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, provides, pursuant to Section 392 of Economic Code No. 109 / 1964 Coll., in the full version published under No. 37 / 1971 Coll., and under Section 26 of Act No. 67 / 1960 Coll., on the Production, Distribution and Use of Heating Gas (Gas Act):
Scope
This Decree regulates the supply of heating gases, i.e. gas lamps, ground gases (diesel and carbon), coke oven gas, the supply of propane-butane fuel gas, as well as the supply of oil and gazoline, between socialist organisations; However, it shall not apply to supplies for export and from imports.
Supply of heating gases from the pipeline network
Distribution of customers
(1) An organisation collecting heating gases from the pipeline network is divided into wholesale and retail customers.
(2) Large-scale customers are those customers of heating gases whose annual planned consumption exceeds 120 000 m3 of gas and coke oven gas or 60 000 m3 of natural gas (diesel and carbon) per sampling point.
(3) The collectors of heating gases in quantities less than those referred to in paragraph 2, as well as the customers of propane-butane fuel gas from the network, shall be retail customers.
Collection point
(1) The sampling point for the supply of heating gases is a separate object (establishment, workplace) of the customer, where the consumption of heating gases by a meter on the connection is measured.
(2) The only sampling point may also be a separate space-coherent and permanently connected unit for the supply of heating gases, even if it has several gas connections.
(3) In doubt, the sampling point shall be determined by the heating gas supplier according to the technical design by the connection to the gas pipeline network.
Contract for the preparation of heating gas supply
(1) Suppliers of heating gases enter into a contract for the preparation of the supply of heating gases within the meaning of the economic legislation.2)
(2) Contracts for the preparation of supplies shall be concluded no later than two years after the legal authority of the decision to determine the fuel base and for a period of at least five years from the date of the start of the collection.
(3) Wholesale customers conclude a contract with the supplier to prepare supplies for a period of five years.
Contracts for the supply of heating gases with wholesale customers
Conclusion of contracts
(1) The contracts for the supply of heating gases with wholesale customers are concluded for the whole year on the basis of a breakdown of the implementation state plan with indicative allocation per quarter by type of heating gases and for the implementation of supply preparation contracts within the meaning of Article 4.
(2) Contracts shall be concluded separately for each sampling point, unless the organisation agrees to conclude a single contract with the distribution of the sampling points.
(3) The rules on the use of the second fuel will be agreed in the contract with customers with a dual fuel economy.
(4) The contracts for the supply of heating gases are specified by daily consumption diagrams (for the working day and the day of work leave). Exchange diagrams or hourly diagrams are also closed with customers who significantly influence the pressure ratios in the pipeline network. The monthly volume of deliveries shall be determined by the sum of the quantities shown in the respective sampling diagrams.
(5) The values of the regulatory steps to be applied to the contracted deliveries at the individual sampling stages in the case of the publication of regulatory measures under the regulatory plan are part of the sampling diagrams.
Negotiating the sampling diagram
(1) Within 35 days before the beginning of the quarter, the collector must send a draft sampling diagram to the supplier in duplicate for each sampling point; where the input to the sampling point is measured by several meters, the buyer shall attach a breakdown to the sampling diagram per meter, unless otherwise agreed.
(2) In the draft diagram, the customer shall indicate the expected irregularities in the heating gas collection.
(3) If the supplier does not agree with the draft sample diagram, he shall submit 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 draft amendments and additions within 10 days; If no agreement is reached, he shall submit the dispute within the same time limit to a decision on economic arbitrage. If the customer does not do so, or until the arbitration authority has decided to dispute, deliveries shall be made according to the supplier's proposal.
(5) The quantity of heating gases according to the sampling diagram may only be supplied and collected during the period for which it was agreed.
(6) For newly built plants, the supplier may, at the time of entry into service, authorise the procurement under the special conditions agreed in the economic contract.
Obligation of records of heating gas collection
(1) Wholesale customers are required to regularly and properly record the actual quantities of heating gases collected over a period corresponding to the time range of the sampling diagram on the prescribed form in all relevant sections:
(a) in the hourly sampling diagram every hour;
(b) in the case of an exchange sample diagram after each shift,
(c) for daily sampling diagrams on a daily basis after the end of working time, not later than 6.00 on the following day.
(2) The quantity of heating gases collected shall be determined by carrying out a reading of the state of the measuring device and by converting it into the base volume units according to the relevant technical standard.3)
(3) The quantity of heating gases so determined shall be duly reported to the supplier on the prescribed form immediately after the end of the calendar month.
(4) Collectors shall, at the supplier's request, report on actual purchases even in the shorter period required.
Heating gas supply contracts with retail customers
Conclusion of contracts
(1) The contracts for the supply of heating gases with retail customers are concluded without a time limit by confirming the application for the purchase of heating gases ("the application"). the application is submitted by the customer to the supplier before connection. The supplier shall issue the application form to the customer free of charge. By returning one certified copy of the application, the supplier undertakes to supply the heating gases required by the customer.
(2) At the same time as the application, the customer shall submit to the supplier:
(a) a confirmation by the owner (manager) of the property that it agrees to the establishment of a demand gas facility in its object;
(b) confirmation by the competent organisation that the gas sampling equipment complies with the legislation (4) and technical standards.
(1) Small customers whose planned annual or actual annual consumption for the previous year exceeds 60 000 m3 of lamp or coke oven gas or 30 000 m3 of natural gas (diesel or carbon) shall, at the supplier's request, be required to submit quarterly schedules of consumption, broken down by month.
(2) The quarterly consumption schedule referred to in paragraph 1 shall be submitted to the supplier no later than 35 days before the beginning of the quarter in duplicate.
Amendment and cancellation of the contract with the retail customer
(1) A retail customer who wishes to increase the consumption by using appliances other than those specified in the application or by adjusting the appliances in such a way that it would require a change of measuring instruments (gas or measuring equipment) or gas connections is obliged to submit a new application.
(2) If the customer announces the cancellation of the contract at least 8 days in advance, the supplier is obliged to accept it. In such cases, the customer is obliged to allow the supplier to carry out the last deduction as well as the measures relating to the termination of the supply.
(3) If the customer does not request the cancellation of the contract and does not allow the execution of the deduction, he shall be obliged to pay the amount of gas collected until the new customer's application has been filed or the supply of heating gases has ended.
(4) If the buyer does not withdraw heating gases without a serious reason for at least 6 months, he shall agree to the supplier's proposal to cancel the contract. The supplier is entitled to stop the supply of heating gases and to take measures to end the supply.
Change of customer
If the organisation takes over the objects in which the sampling gas equipment is connected to the gas pipeline network, it shall notify the supplier within 3 days of receipt of the sampling gas equipment of the status of the meters (gas meter or measuring device) and submit an application within 8 days or within the same time limit in writing to the supplier that it does not intend to take the heating gases.
Delivery conditions
(1) If the level of the operating pressure is not agreed in the contract, the heating gases are supplied under overpressure by a specified technical standard. 5)
(2) The supply is satisfied by the transfer of heating gas from the supplier's equipment to the customer's equipment.
(3) Without the consent of the supplier, the customer may not leave heating gases to other customers or distribute them.
Unauthorised collection
(1) Unauthorised procurement shall be considered as:
(a) where the customer collects heating gases without contract with the supplier, except where the economic 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 a measure that the gas meter or measuring device 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 gas meter or measuring device, factory or company seals and state or corporate verification marks have been damaged and if the customer has not reported 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 § 11,
(g) if the customer has not submitted to the supplier's regulatory measures following repeated calls (§ 18).
(2) The quantity of heating gases unduly collected for non-measured or incorrectly measured sampling shall be determined by the sum of the maximum consumption of all customers of the identified appliances for at least 8 hours per day, in the case of exchange operations up to 24 hours per day, multiplied by the number of days for the entire duration of such collection. If it is not possible to determine the total period of unauthorised collection of heating gases, sampling shall be charged for the period from the last regular deduction. The aggregate amount charged for undue collection shall be reduced by the amounts paid for the collection at the time of the undue collection.
(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 20 CZK.
Limitation or interruption of heating gas supply
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 customers of heating gases shall be consulted at least 30 days before the date of negotiation of the sampling diagram;
(b) where, after prior consultation, a permanent change in the nominal pressure or the type of heating gases supplied is made;
(c) on grounds of natural disasters;
(d) in the implementation of dispatching and regulatory measures on the basis of the sampling stages for the management of the supply and take-off of heating gases;
(e) repair of failures;
(f) in the event that the customer permanently collects heating gases without agreement with the supplier in quantities higher than the agreed sample diagram;
(g) if the gas collection facility does not comply with the legislation and technical standards to the extent that it may endanger the safety of people or property;
(h) where the customer makes it impossible for the supplier to access the gas meter or measuring equipment or to access the gas sampling equipment;
(i) where the customer has been found to have been incorrectly taken;
(j) if the customer changes the number or size of the gas sampling equipment (appliances) without the supplier's consent,
(k) if the customer fails to comply with the order to remove the defects in the sampling gas installation or does not remove the device that causes an exceptional drop or variation of pressure in other customers;
(l) if the customer leaves heating gases to other customers without the consent of the supplier (§ 12 (3)).
(1) On the exact date of the limitation or interruption of the supply of heating gases for the implementation of the planned maintenance and revision work discussed under Section 14 (a), the supplier shall notify the customer in advance in an appropriate manner; wholesale at least 10 days, other customers 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 Section 14 (g) -l only after prior notice.
The collector may restrict or suspend the consumption of heating gases for the reasons set out in Sections 14 (a), 14 (c) and 14 (e), but is obliged to treat this in a similar manner to the supplier in accordance with Section 15.
The supplier shall renew the interrupted supply of heating gases after removing the defects or causes for which the supply has been interrupted.
(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 sampling stages for the supply and take-off of heating gases and are part of the agreed economic contract and the sampling diagram. The amount of the supply in the individual sample stages shall be expressed as a percentage of the primary collection or quantity of gas and shall be laid down by the Federal Ministry of Fuel and Energy, issued in agreement with the other central authorities of the superior customers.
(3) The sampling steps are:
(a) improving - the possibility of a higher supply than indicated in the sampling diagram;
(b) basic - delivery according to the sampling diagram,
(c) limiting - reducing the supply of basic purchases up to the minimum safety level of the customer,
(d) emergency - complete interruption of heating gas supply.
(4) Tolerance ± 5% is permitted for the supply and collection of heating gases at the levels of the excess, in other stages - 5%.
(5) Large-scale customers are required to monitor the reports of the Czechoslovak Radio on the supply of heating gases, immediately implement the measures to comply with the demand level declared and keep records of compliance with the consumption levels on the prescribed forms.
(6) Large-scale customers with a dual-fuel system are obliged to use a second fuel replacement under the agreed rules.
Quality and measurement of supplied heating gases
Quality of heating gases
(1) The quality of the heating gases shall comply with the relevant technical standards or technical conditions and shall be determined by instruments or chemical or physical analyses.
(2) In order to determine the quality characteristics of the heating gases (combustion heat, flammable properties, etc.), the registration device data or the periodically recorded values of the fuel gas supplier's measuring equipment, located at node points of the pipeline network for a specific area, shall be mandatory.
(3) Unless otherwise specified in the technical standards, standard results obtained from analysis of samples taken continuously in 24 hours or for a period agreed with the customer shall be used to evaluate the quality of heating gases. Analyses carried out according to technical standards or usual analytical methods shall be considered as standard.
Measurement of heating gases
(1) The quantity of fuel gases supplied is measured by the supplier.
(2) The type, location and location of measuring instruments (gas meters or measuring equipment) or their replacement are decided by the supplier.
(3) Only the supplier may make any installation changes to the measuring instruments.
(1) The wholesaler is obliged to set up on his load around the measuring equipment a gallery, closed with a slide and fitted with a seal. Only the supplier may open the floor slide. In exceptional cases, in particular where there is a risk of delay, the slide may be opened by the customer, but only with the consent of the supplier. For the period when the customer collects the quantity of heating gases so measured, their consumption shall be accounted for in advance or according to the daily average over the previous 3 months.
(2) In the case of a retail customer where the interruption of the supply of heating gases, or the failure of the gas meter, could cause significant damage, the supplier shall, at the request of the customer and on its load around the measuring equipment, set up by a stand-by and fitted with a seal. Only the supplier may open the hock; for the period when the customer collects the quantity of heating gases so measured, their consumption shall be accounted for in advance or according to the daily average over the past reading period.
Monitoring and securing of measuring instruments
(1) The monitor shall monitor the correct operation of the measuring instruments and report immediately to the supplier any defects and abnormalities in the measurement, as well as any obvious disturbances in the gas-supply equipment before the measuring instruments. In the case of registration measuring instruments, the wholesale customer shall monitor their continuous operation and record them and perform normal service to the extent specified by the supplier.
(2) The collector shall be obliged to secure the gauges in a manner specified by the supplier so as not to damage them.
Meter error correction
(1) At the request of the customer, the supplier is obliged to carry out a metering examination (6) within 15 days of receipt of the application and, if the measuring instruments are defective, to exchange them for correct.
(2) If, at the time of checking, the measuring instruments are found to indicate the value within the limits of the tolerances allowed, 7) the customer shall pay the costs of checking the measuring instruments.
(3) If, when checking the measuring instruments, it is found that the measuring device indicates a value that deviates from the actual value more than the technical standard, the beneficiary organisation shall pay an amount corresponding to the error in the data, from the date on which the defect occurred, but no later than the date of the preceding deduction. The costs of checking and exchanging measuring instruments shall be borne by the supplier in this case.
(4) If the gas consumption cannot be accurately determined during the time of failure of the gauges, it shall be calculated according to consumption in approximately the same period of last year, adjusted by the planned sampling trend. The supplier may invoice consumption according to the average consumption measured in subsequent periods if it is a new consumption or a change in the consumption ratios.
Supplies of propane butane heating gas in pressure vessels
Contracts for the supply of propane-butane heating gas
(1) The contracts for the supply of propane-butane heating gas are concluded by confirming the purchase application (hereinafter referred to as the application). the application is submitted by the customer to the supplier before the start of the purchase. The supplier shall issue the application form to the customer free of charge. By returning one certified copy of the application, the supplier undertakes to supply the propane-butane heating gas required by the customer.
(2) The contract for the supply of propane-butane fuel gas is concluded without a time limit. However, the supplier is obliged to comply with the customer's request to cancel the contract.
(3) The application must also be submitted by a new user of the object in which the pressure station is on propane-butane if you wish to use this device.
Delivery conditions
(1) The collectors are supplied with propane-butane fuel gas in tanks, barrels and bottles from production plants, filling plants or dispensers. The type of pressure vessels and the supplying site shall be agreed by the supplier with the customer before the start of the collection.
(2) The collector requesting the supply of propane-butane fuel gas in quantities exceeding 1 tonne per month or collecting propane-butane fuel gas from the factory or filler plant is obliged to submit to the supplier no later than 35 days before the beginning of the year in which the supplies are to be made a breakdown of the quantity requested for each quarter by delivery point.
(3) The supply of propane-butane heating gas shall be made on the basis of quarterly appeals which must be submitted by the customer no later than 35 days before the beginning of the quarter.
(4) Full bottles or barrels shall be issued only after a previous or simultaneous return of the same number of bottles or barrels empty, with the exception of the purchase of a new customer or the planned increase.
(1) The supplier may interrupt the supply if:
(a) the pressure station does not comply with the regulations to the extent that it may cause an explosion, cause a fire or endanger the safety of life, health or property;
(b) the customer prevents the authorized workers of the supplier from accessing the pressure station, in particular for the purpose of its control;
(c) the customer uses appliances and regulators whose use is not permitted;
(d) the customer shall allow another organisation or person who is not the registered customer, such as for testing purposes, to use propane-butane fuel gas, in particular if he lends it bottles or barrels, without the supplier's knowledge.
(2) The supplier shall immediately notify the customers of the interruption of the supply of propane-butane fuel gas as soon as the fact or necessity justifying these measures has occurred.
(3) The interrupted supply of heating gas shall be restored by the supplier after the removal of the defects or causes for which the supply has been interrupted.
Oil and Gazoline Supplies
Oil and gazoline supply contracts
Oil and gazoline supply contracts shall be concluded for the whole year, broken down into individual quarters and different species.
Delivery conditions
(1) The minimum consignment quantity is the contents of a two-axis tank wagon.
(2) The quantity of oil or gazoline delivered shall be measured by weight, expressed in kg by weighing at the consignee of the consignment. The collector shall notify the supplier of this weight no later than 15 days after receipt of the tanker by the consignee and provide evidence of it with serious tickets.
(3) Unless otherwise assessed by the organisation, the quantity delivered may deviate from the quantity agreed in the contract by ± 5% in each quarter.
Quality certificate
For each group of tanks dispatched from one dispatch point on the same day, the supplier shall pass to the customer a test certifying the density of the product at 20 ° C and the percentage of mechanical impurities and water.
Supply of heating gases to the pipeline network
Contracts for the supply of heating gases to the pipeline network
(1) The contracts for the supply of heating gases to the pipeline network are concluded for the whole year with the allocation of the quantity of heating gases per quarter and the individual resources on the basis of the implementation of the State Plan. During the year, contracts shall be specified by daily delivery arrangements, indicating the amount of hourly deliveries. The monthly volume of deliveries shall be the sum of the quantities covered by the respective delivery arrangements.
(2) The draft contract shall be submitted as a customer by the gas organisation responsible for the purchase of heating gases to the production company (s) no later than 45 days before the beginning of the year. The supplier shall be obliged to comment on the draft contract within 15 days of the date of its submission.
(3) The contract shall in particular negotiate:
(a) tolerance;
(b) transmission pressure,
(c) the quality of the supplied heating gas,
(d) place of delivery;
(e) method of measurement and evaluation of supply;
(f) the method of keeping records of the quantity actually delivered and of its reporting to the customer.
Negotiating delivery arrangements
(1) The collector is obliged to send to the supplier no later than 15 days before the beginning of the quarter in three copies of a draft delivery scheme containing the following information:
(a) the breakdown of the supply of heating gases on working days and on working days and the monthly quantities derived therefrom;
(b) the required daily forward performance;
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Regulation Information
| Citation | Federal Ministry of Fuel and Energy Decree No. 176 / 1973 Coll., which issues the basic conditions of supply of heating gases, oil and gazoline |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1973 |
|---|---|
| Effective from | 01.01.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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