Act No. 176 / 2022 Coll.
Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and Act No. 382 / 2021 Coll., amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended, and other related laws
Valid
Law
Effective from 27.06.2022
Text versions:
01.01.2024
27.06.2022
176
THE LAW
of 15 June 2022
amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and Act No. 382 / 2021 Coll., amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Energy Act
Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in Energy Industries and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 250 / 2014 Coll., Act No. 131 / 2003 Coll., Act No. 151 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 350 / 2012 Coll., Act No. 296 / 2007 Coll., Act No. 131 / 2008 Coll.
1. In footnote 1, the first sentence is deleted and at the end of the footnote the sentence "Directive (EU) 2019 / 944 of the European Parliament and of the Council of 5 June 2019 concerning common rules for the internal market in electricity and amending Directive 2012 / 27 / EU is added to the separate line. '
2. In Article 2 (2) (b), the word "or 'is replaced by a comma and the words" or gas storage service' are added at the end of the text of point 27.
3. In Paragraph 2 (2), the dot is replaced by a comma at the end of point (b) and the following points 34 and 35 are added:
"The 34th gas day shall be the period from 06: 00: 00 on the calendar day to 06: 00 on the following calendar day,
35. storage capacity of the operating volume of the part or whole gas storage tank, determined in m3 or in energy units, of the extracting or pumping capacity of the gas storage tank in energy units / day or of the extracting or pumping curve of the gas storage tank in energy units / day, ';
4. Article 12a, including the title, reads:
Supplier of last instance
(1) The obligation of the supplier of the last instance shall include within the defined territory of the holder of the licence for the distribution of electricity or gas, the installation of which is connected to the transmission or transmission system and the distribution system of which is connected to at least 90 000 customer demand points, the holder of the licence for trade in electricity or gas which is or was part of the same vertically integrated operator or a vertically integrated gas operator, such as the holder of the electricity distribution or gas distribution licence in the defined area where the demand point is located. Where there is more than one licence holder for trade in electricity or gas, the supplier of the last instance within the designated territory of the licence holder for the distribution of electricity or gas shall, for a calendar year, be required to supply electricity or gas to the largest number of consumer demand points. The Energy Regulatory Authority shall publish on its website information on which licence holder has an obligation to supply the last instance within the defined territory of individual distribution system operators to trade in electricity or gas.
(2) The last instance supplier is obliged to supply electricity or gas to a customer whose supplier
(a) the power or the ability to supply electricity or gas has ceased to exist;
(b) does not comply with the financial terms and conditions for settlement of derogations or has not transferred liability for derogation to another settlement entity; or
(c) has no related service provided
1. in the case of electricity supply under a contract for combined electricity supply services; or
2. in the case of gas supply in the case of gas supply under a contract for combined gas supply services.
(3) In addition, the supplier of the last instance shall be responsible for the derogation of the transfer point of the manufacturer whose electricity trader has lost the power or the possibility to purchase electricity or where the event referred to in paragraph 2 (b) has occurred and no one at the point of transmission is responsible for the derogation. During this period, the supplier of the last instance receives the electricity supplied by the manufacturer to the electricity system free of charge.
(4) In addition, the last instance supplier shall be obliged to supply electricity or gas to the distribution system operator to cover losses in the distribution system for which the electricity or gas supplier has experienced the event referred to in paragraph 2 (a) or (b).
(5) The supply of electricity or gas from the last instance supplier to the customer also includes related services in electricity or gas. This is not the case if the customer had a contract for the supply of electricity pursuant to § 50 (1) or a contract for the supply of gas pursuant to § 72 (1).
(6) The obligation of the supplier of the last instance to supply gas shall not apply to a customer whose consumption of gas at the sampling point has been higher than 630 MWh in the last 12 months, except for the collection to ensure the supply of drinking water or sewage treatment to the population. The supplier of the last instance shall not be obliged to supply electricity or gas when an unauthorised collection is detected at a given sampling point.
(7) The supplier of the last instance shall supply electricity or gas for a maximum period of six months to a household that has a new collection point to which electricity or gas has not yet been delivered, if requested to supply that household. ';
5. The following Sections 12b to 12e are inserted after Section 12a, including the headings:
Conditions for delivery of last resort
(1) The supplier of the last instance is obliged to publish on his website the conditions for the supply of electricity or gas or the collection of electricity or gas from the manufacturer. The Energy Regulatory Authority shall decide to impose an obligation to modify the conditions in accordance with the first sentence if the conditions set by the supplier of the last instance create a significant imbalance in the rights and obligations to the detriment of the customer or the manufacturer.
(2) The customer and the distribution system operator are obliged to pay the supplier of the last instance the payment for the electricity or gas supplied, including advances for the supply of electricity or gas determined by the supplier of the last instance, and to comply with other conditions for the supply of electricity or gas laid down by the supplier of the last instance. The frequency of advance payment for a customer in a consumer's capacity shall be monthly and the maturity of the advance payment shall be at least 14 calendar days.
(3) If there is a reasonable concern that the supplier of the last instance within the designated territory of the distribution system operator will not be able to ensure his obligations, the Energy Regulatory Authority shall decide without delay to impose the obligation of the supplier of the last instance on another supplier of the last instance or on another licence holder for trade in electricity or gas.
(4) The Energy Regulatory Authority shall impose an obligation on the supplier of the last instance referred to in paragraph 3 to that supplier of the last instance or to another holder of a licence for trade in electricity or gas for which, taking into account the circumstances, there is a reasonable presumption that he will be able to ensure the reliable fulfilment of the last instance's obligations. Where circumstances do not justify a different procedure, the Energy Regulatory Authority shall impose on the supplier of the last instance a licence for trade in electricity or gas which supplies electricity or gas in the defined territory to the most sampling points. The decision imposing the obligation on the supplier of the last instance may be the first act in the proceedings. Decomposition does not have suspensory effect.
(5) If the reasons for which the Energy Regulatory Authority has imposed an obligation on the supplier of the last instance are omitted, the Energy Regulatory Authority will revoke the decision imposing the obligation on the supplier of the last instance or fix a period whose expiry of the obligation expires. In such a case, the licence holder shall supply the electricity or gas trade licence to which the Energy Regulatory Authority has imposed an obligation on the supplier of the last instance, electricity or gas to the point of collection where the last instance has been opened until the last instance has been delivered in accordance with § 12d.
Opening of last resort delivery
(1) The obligations of the supplier of the last instance shall arise on the date on which the market operator notifies the supplier of the last instance of the registration number of the demand point or the customer's production site in accordance with § 12a (2) or the manufacturer in accordance with § 12a (3) or the location intended to cover the losses of the distribution system operator.
(2) The supplier of electricity or gas, for which one of the factors referred to in Article 12a (2) has occurred, is required to inform the market operator without delay, at the same time as the supplier of the last instance concerned, of the identification and contact details of the customer or manufacturer concerned, as well as other details of the collection or transfer point needed to initiate the supply or take responsibility for the derogation.
(3) The distribution system operator within which the defined territory is located a demand point for which the distribution system service is not provided in the case of the supply of electricity under a contract for combined electricity supply services or in the case of gas supply under a contract for combined gas supply services shall inform the market operator without delay. The distribution system operator shall transmit to the supplier last instance the contact and identification details of the customer or manufacturer and any other data on the sampling or transfer point needed to initiate the supply or take responsibility for the derogation.
(4) The supplier of the last instance shall notify the customer concerned of the date of the start of the delivery, the amount of the price and other conditions of delivery. The first sentence shall apply mutatis mutandis at the start of the collection from the manufacturer. The supplier of the last instance shall also notify the distribution system operator of the start of the supply or take-off.
(5) At the time of the start of the supply of electricity or gas, or of the supply of electricity by the supplier of the last instance, the obligations arising from contracts concluded between the customer or the manufacturer and the original supplier or trader to whom the supply of electricity or gas was the subject shall cease. This shall be without prejudice to the rights and obligations arising from the performance or breach of this obligation.
Closure of delivery of last resort
(1) The obligation to supply the last instance pursuant to Article 12a (2) and (4) shall cease 3 months after its creation if the customer does not change the supplier of electricity or gas before the end of that period.
(2) Where a customer has not changed the supplier of electricity or gas, in accordance with Paragraph 11a (1) (a) or (b), during the period of supply of electricity or gas by the supplier of the last instance, the customer does not change the supplier of electricity or gas and is not in delay in payment of any of the payments for the supply of electricity or gas to the supplier of the last instance, an indefinite commitment shall be entered into by the end of the period referred to in paragraph 1, paragraph 50 (2) and Article 72 (2) on the compulsory form of the contract, and the conditions which the supplier of the last instance shall not apply in this case.
Proven loss
(1) Where the Energy Regulatory Authority decides on the price of the supplier of the last instance as the price of the maximum, the supplier of the last instance shall have the right to pay a demonstrable loss and a reasonable profit if the maximum price does not cover the cost of securing the supply of electricity or gas and a reasonable profit.
(2) Proven loss and reasonable profit are paid by State budget subsidies. The State Budget subsidy shall be decided by the Ministry at the request of the supplier of the last instance. The amount of the demonstrable loss and reasonable profit is demonstrated by the supplier of the last instance. '
6. In Article 17 (12), the words "or procured 'shall be inserted after the words" or procured' and at the end of the paragraph the sentence "The Energy Regulatory Authority is entitled to decide that the price for the storage of gas in gas containers directly connected to the transmission system shall not be fixed if changes are made on the market for a gas storage service for which the reasons for regulating the price of the gas storage service shall be waived '.
7. Paragraph 17b (1) reads as follows:
"(1) The Energy Regulatory Authority has a five-member Council (hereinafter referred to as the Council). One of the members of the Council shall be President of the Council. The President shall direct the activities of the Council and, in his absence, shall direct the activities of the Council's authorised member. The President of the Council shall act on behalf of and lead the Office. In the cases provided for, the Council shall decide. ';
8. In Article 17b (7), the words "the proper exercise of the powers of the Energy Regulatory Authority shall be undermined by the words" paragraph 3 ";
9. In the first sentence of Article 19a (1), the words "gas storage units directly connected to the transmission system 'shall be inserted after the words" transmission systems'.
10. in Article 19a (3), the words "and the price of the gas storage service in gas storage tanks directly connected to the transmission system" shall be inserted after the word "system."
11. in Paragraph 19a (5):
"(5) The last instance supplier price shall be regulated by the Energy Regulatory Authority by establishing a binding procedure for the pricing of the last instance supplier, so that the prices determined by that procedure cover the economically justified costs of ensuring the last instance supply, depreciation and reasonable profit. The process of pricing the supplier of the last instance includes the method of determining the amount of the energy price in CZK / MWh, reflecting the current amount of the electricity or gas price in wholesale markets, determining or determining the maximum amount of additional costs, risk surpluses, reasonable profit in CZK / MWh, and determining or determining the maximum amount of the permanent monthly salary in CZK / sampling place / month. If the government determines the extent of the State budget funds to provide a subsidy for a demonstrable loss, the Energy Regulatory Authority shall set the prices of the supplier of the last instance as the maximum. In this case, the Energy Regulatory Authority shall act in such a way as to cover the difference between the expected costs of providing electricity or gas together with the reasonable profit of the supplier of the last instance and the expected amount of the subsidy to cover the demonstrable loss of the supplier of the last instance. ';
12. in Article 28 (2) (j), "12a" is replaced by "12b."
13. in Articles 30 (2) and 61 (2), the words "to 12c" shall be added at the end of the text of point (f).
14. in Articles 51 (1) (b) and 74 (1) (b), the word "agreed" shall be deleted;
15. In Article 56, the following paragraph 4 is added:
"(4) A gas market participant shall have the right to reserve the transmission capacity from the gas storage tank and into the gas storage tank only up to the amount of the storage capacity reserved it has and shall also be obliged to withdraw the reserved capacity from the transmission system operator if it has a lower storage capacity reserved than the booked capacity. The obligation of a gas market participant to pay a price to the transmission system operator in the range of capacity not allocated to another gas market participant shall not be affected. ';
16. In Paragraph 58, at the end of paragraph 9, the dot is replaced by a comma and the following point (g) is added:
"(g) offer the transport capacity for which a gas market participant has lost the right to use it pursuant to Article 56 (4) as free transport capacity."
17. In Paragraph 60, at the end of paragraph 8, the dot is replaced by a comma and the following point (z) is added:
"(z) to transmit to the transmission system operator information on the size and duration of storage capacities reserved by each gas market participant.";
18. The following Sections 60c to 60e are inserted after Section 60b, including the title:
"Obligation to use storage capacity and procedure in case of non-use of storage capacity in the gas storage tank
(1) A gas market participant who has negotiated a gas storage contract in a gas storage tank directly connected to the transmission system, the purpose of which is to reserve storage capacity with a fixed power, is obliged to use the reserved storage capacity and store gas in a gas storage tank at least in the amount specified for periods during the storage year.
(2) Where a gas market participant has not stored the minimum quantity of gas required in one of the specified periods of time, it shall no longer have the right to use the storage capacity together with a proportion of the extractive and impeller capacity, to the extent appropriate to the difference between the required minimum quantity and the actual quantity of gas stored at a time when it has not complied with the obligation under paragraph 1 ("unused storage capacity"). At the same time as the unused storage capacity, the gas market participant shall cease to be entitled to use the reserved transport capacity from the gas storage tank and into the gas storage tank to the extent appropriate to the quantity of unused storage capacity. The obligation of the gas market participant to pay for the reservation of storage capacity and the associated reserved transport capacity is without prejudice to the price agreed.
(3) The transmission system operator shall offer the transmission capacity from the gas storage tank and into the gas storage tank for which the right to use it in accordance with paragraph 2 ceases to exist as free transmission capacity to the gas market participant who reserves unused storage capacity in accordance with the procedure set out in Article 60d.
(4) The gas storage tank operator shall inform transmission system operators, the Ministry and the Energy Regulatory Authority of the quantity of gas stored under gas storage contracts and unused storage capacity no later than 5 days after the end of the specified period.
(1) The gas storage tank operator shall be obliged to allow access to the gas storage tank to unused storage capacity by means of an auction with zero call price for the gas storage service.
(2) If no gas market participant has auctioned the unused storage capacity or if only part of the storage capacity has been reserved, the gas storage operator shall immediately inform the Ministry. Where it is reasonable to assume that a repetition of the auction referred to in paragraph 1 would not result in the reservation of the remaining part of the unused storage capacity, the Ministry may require the gas storage service operator to allow gas market participants access to the unused storage capacity through the auction at a negative price for the gas storage service specified by the Ministry in the decision. The Ministry may, at a negative price for the gas storage service, lay down the conditions necessary to fulfil the obligation imposed. The decision referred to in the second sentence may be the first act in the proceedings and degradation against such a decision shall not have suspensory effect.
(3) A gas market participant who has reserved unused storage capacity in accordance with the procedure referred to in paragraph 1 or 2 shall be obliged to store gas in the gas storage tank for at least the quantity specified for the periods during the storage year by the end of the storage year.
(4) The State is obliged to compensate the gas storage tank operator for damage caused by imposing an obligation to reserve storage capacity at a negative price for gas storage. The claim for compensation shall be applied by the gas storage device operator to the Ministry no later than 6 months after the end of the calendar month in which the damage occurred, otherwise the claim shall cease. If the Ministry grants entitlement to compensation, it shall be replaced within 30 days of the claim being exercised. If the gas storage tank operator so requests, the Ministry shall provide the gas storage tank operator with advances to the extent of the expected damage for the calendar month, within 15 days of proof of the expected damage. The claim for compensation shall be a condition for the claim for compensation in court.
If the Government approves the purchase of gas or the storage of gas in a gas storage tank into tangible reserves under the law governing the scope of the Administration of State tangible reserves, the gas storage tank operator shall be obliged to offer, for the period up to the end of the storage year, the unused storage capacity not reserved under Paragraph 60d at zero price for the gas storage service. In the case of an offer of unused storage capacity in accordance with the first sentence, the procedure under Paragraph 60c shall not apply. ';
19. in Paragraph 62 (2) (h), "12a" is replaced by "12b."
20. In Section 73a, the following paragraph 4 is added:
"(4) The obligation to ensure the security standard of gas supply shall not apply in the event of the provision of the last instance. ';
21. In § 91 (4) and (9), the words "do not inform the market operator pursuant to § 12c (3) or" shall be replaced by the words "one of the entries under § 12c (3)";
22. in Paragraph 91 (5) (b), "7" is replaced by "4" and "§ 12a (4)" is replaced by "§ 12c (4)."
23. in Articles 91 (5) (d) and 11 (d), the words "Article 12c (2) or" shall be inserted after the words "listed in";
24. In Paragraph 91, at the end of paragraph 6, the dot is replaced by a comma and the following point (q) is added:
"(q) shall not store a minimum quantity of gas required in the gas storage tank in a specified period of time contrary to § 60d (3)."
25. in Paragraph 91 (10) (c), the text "y)" is replaced by the text "z)."
26. In Paragraph 91, at the end of paragraph 10, the dot is replaced by a comma and the following points (p) to (r) are added:
"(p) it shall not inform the transmission system operator, the Ministry or the Energy Regulatory Authority of the quantity of gas stored under gas storage contracts contrary to Article 60c (4) or the Ministry of Transport of the failure to make a reservation of storage capacity or the reservation of only part of storage capacity contrary to Article 60d (2);
(q) do not allow gas market participants access to the gas storage tank to unused storage capacity in breach of § 60d (1);
(r) does not offer unused storage capacity in accordance with § 60e. ';
27. in Article 91 (11) (b), "7" is replaced by "4" and "12a (4)" is replaced by "12c (4)."
28. In Paragraph 91, the following paragraph 14 is inserted after paragraph 13:
"(14) The holder of a gas licence shall commit an infringement by not storing the minimum required quantity of gas in the gas storage tank in a specified period of time contrary to § 60d (3). '
Paragraph 14 shall become paragraph 15.
29. in Paragraph 91 (15) (b), "9 to 11" is replaced by "9 to 11 and 14."
30. in Paragraph 91a, the following paragraph 7 is inserted after paragraph 6:
"(7) A legal or operating natural person commits an offence by not storing the minimum required amount of gas in the gas storage tank at a specified time period contrary to § 60d (3). ';
Paragraph 7 shall become paragraph 8.
31. in Article 91a (8), "1 to 4" is replaced by "1 to 4 and 7";
32. in Paragraph 96d, the following paragraph 2 is inserted after paragraph 1:
"(2) The Ministry shall enforce by imposing coercive fines the fulfilment of the obligation of the gas storage operator to allow gas market participants to access the gas storage capacity to the unused storage capacity at the price or other conditions laid down by the Ministry's decision pursuant to Article 60d (2). '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
33.In Article 98a (1), the words ", the minimum quantities of gas stored for periods during the storage year and the procedure for determining the difference between the minimum quantity requested and the actual quantity of gas stored in the gas storage tank 'shall be added at the end of the text of point (e).
34. in Paragraph 98a (2), the dot at the end of point (i) is replaced by a comma and the following points 17 and 18 are added:
"17. auction rules for the reservation of unused storage capacity,
18. The scope, manner and dates of transmission of information on the size and duration of storage capacities reserved by individual gas market participants between the gas storage tank operator and the transmission system operator; ';
Transitional provisions
1. The gas storage tank operator shall transmit to the transmission system operator information on the size and duration of storage capacities reserved by gas market participants before the date of entry into force of this Act pursuant to Article 60 (8) (z) of Act No. 458 / 2000 Coll., as effective from the date of entry into force of this Act, within 1 month of the date of entry into force of this Act.
2. Where a gas market participant has negotiated a gas storage contract with the gas storage operator directly connected to the transmission system before the date of entry into force of this Act, it shall be entitled to withdraw from the gas storage contract no later than two months after the date of entry into force of this Act, with the effects of withdrawal on the last gas day of the storage year.
Amendment to Act No. 382 / 2021 Coll.
In Article II of Act No. 382 / 2021 Coll., amending Act No. 165 / 2012 Coll., on Supported Energy Resources and amending certain laws, as amended, and other related laws, point 10 is deleted.
Transitional provisions
1. The Decree pursuant to § 3 (4) of Act No. 165 / 2012 Coll., as amended by Act No. 382 / 2021 Coll., will be issued by the Government no later than 31 July 2022, including for the remainder of the year 2022.
2. The Government may, until 30 September 2022 by regulation, increase the State Budget funds provided for by the Government Decree pursuant to § 28 (3) of Act No. 165 / 2012 Coll., as amended. Paragraph 29 of Act No. 165 / 2012 Coll., as amended, shall apply mutatis mutandis to the fact that the Ministry of Industry and Trade will, upon request, refer to the market operator a proportion of the amount not yet provided in the Regulation pursuant to § 28 (3) of Act No. 165 / 2012 Coll., as amended. The Energy Regulatory Authority shall, following the approval of the Regulation in accordance with the sentence of the first new price decision for 2022 or the remainder thereof by 30 November 2022.
EFFECTIVE
This Act shall take effect on the day of its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 176 / 2022 Coll., amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and Act No. 382 / 2021 Coll., amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended, and other related Laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2022 |
|---|---|
| Effective from | 27.06.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 225
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