Act No. 177 / 2006 Coll.
Act amending Act No. 406 / 2000 Coll., on Energy Management, as amended
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Effective from 01.07.2006
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177
THE LAW
of 29 March 2006
amending Act No. 406 / 2000 Coll., on Energy Management, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 359 / 2003 Coll., Act No. 694 / 2004 Coll. and Act No. 180 / 2005 Coll., is amended as follows:
1. Paragraph 1, including footnote 1, reads as follows:
Subject matter
This law implements the relevant provisions of the European Community1) and provides for:
(a) certain measures to improve energy efficiency and the obligations of natural and legal persons in energy management;
(b) the rules for the creation of the State Energy Concept, the Territorial Energy Concept and the National Energy Efficient Management Programme and the use of its renewable and secondary resources.
1) Council Directive 93 / 76 / EEC of 13 September 1993 on the limitation of carbon dioxide emissions by means of energy efficiency improvements. Directive 2002 / 91 / EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings. ';
2.
Basic concepts
For the purposes of this Act:
(a) energy management production, transmission, transport, distribution, distribution, energy consumption and gas storage, including related activities;
(b) renewable sources of renewable non-fossil natural energy, such as wind energy, solar energy, geothermal energy, water energy, soil energy, air energy, biomass energy, landfill gas energy, sludge gas energy and biogas energy;
(c) a secondary energy source, a usable energy source whose energy potential arises as a by-product in the conversion and final consumption of energy, in the release from bituminous rocks or in the energy recovery or disposal of waste and substitute fuels produced on the basis of waste or in other economic activities;
(d) a set of technical installations and buildings for energy management;
(e) energy efficiency of energy processes, expressed in percentage ratio between aggregate energy outputs and inputs of the same process;
(f) the energy performance of the building for existing buildings, the amount of energy actually consumed, the projects of new buildings or the projects of changes of buildings for which a building permit is issued, the calculated amount of energy to meet the requirements for the standardised use of the building, in particular for heating, hot water preparation, cooling, air conditioning by ventilation and the parameters of the internal environment by air conditioning system and lighting;
(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) air conditioning system a set of all equipment and elements to adjust the parameters of the internal environment associated with heating, cooling, humidification and filtration of the air that are part of the construction;
(i) heating the heat sharing process into the heated space provided by the relevant technical equipment for the purpose of creating thermal comfort or the required internal environment standards, which are divided into central heating, housing individual heating and local heating;
j) by central heating, where the heat source is located outside heated spaces and serves for heating multiple residential or non-residential spaces;
(k) the rated boiler power of the amount of heat energy declared by the manufacturer which the boiler transmits permanently in the heat carrier under fixed conditions;
(l) the rated cooling capacity of the air conditioning system, the rated power input of the cold source, as declared by the manufacturer,
(m) a certificate of the energy performance of the building containing information on the energy performance of the building calculated in accordance with the method laid down in the implementing legislation;
(n) an energy audit of a set of activities resulting in information on the methods and levels of use of energy in buildings and in the energy economy of the natural and legal persons examined and a proposal for measures to be taken to achieve energy savings;
(o) a roofed building with walls in which energy is used to adjust the internal environment; a building may be considered as a whole or parts thereof which have been designed or modified for separate use;
(p) the total floor area of all floors of the building, defined between the outer walls, without any habitable cellars and separate non-heated spaces,
(q) a larger change in the completed building, such a change in the completed building, which takes place more than 25% of the total area of the building's perimeter, or such change in the technical equipment of the building with energy effects, where the starting sum of the affected energy consumption is greater than 25% of the total energy consumption. ';
3. In Paragraph 3 (1), "20 'is replaced by" 30'.
4. In Paragraph 3 (3), "2 years' is replaced by" 5 years';
5. In Paragraph 4 (1), the words ", the statutory city and the capital of Prague 'shall be inserted after the words" the regions'.
6. Paragraph 4 (2) and (3), including footnote 1a, read:
"(2) The regional authority, the Municipality of Prague and the Municipality of Statutory Cities (hereinafter referred to as" the acquirer ') has delegated its territorial energy concept. The territorial energy concept is an unforgettable basis (1a) for territorial planning.
(3) The municipality has the right to acquire a territorial energy concept in accordance with the national energy concept for its territorial district or part of it. The territorial energy concept is an unforgettable basis for territorial planning.
1a) Decree No. 135 / 2001 Coll., on Territorial Planning Documentation and Territorial Planning Documentation, as amended by Decree No. 570 / 2002 Coll. '.
7. in Article 4 (5) (c) to (e), including footnote 1b, the following shall be added:
"(c) assessing the applicability of renewable and secondary energy sources and cogeneration;
(d) evaluation of usability of municipal waste energy potential
(e) an assessment of the technically and economically achievable savings from the more economical use of energy.
1b) Act No. 185 / 2001 Coll., on waste and amending some other laws, as amended. '
8. In Article 4, at the end of paragraph 5, the dot is replaced by a comma and the following point (f) is added:
"(f) solutions to the energy economy of the territory, including justification and draft measures applicable by the purchasing body of the concept.";
9. Paragraph 4 (6), including footnotes 2 and 2a, reads:
"(6) In order to participate in the development of a territorial energy concept, the acquirer may require synergies between licence holders for business in the energy sector (2), suppliers of solid and liquid fuels and municipal waste processors (1b), who operate in the territory for which the territorial energy concept is being processed, as well as the largest energy consumers. They shall, if invited to do so by the purchaser, provide, to the extent necessary, the necessary supporting documents and data free of charge for the development of the territorial energy concept; the scope and time limits for the provision of supporting documents and data are laid down in implementing legislation2a).
2) Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended.
(2a) Government Decree No. 195 / 2001 Coll., laying down details of the content of the territorial energy concept. '
10. In Article 4, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) The completion of the territorial energy concept shall be evaluated by the customer at least once every 4 years and may, on the basis of the evaluation, process proposals for change.
(8) The purchaser shall provide the Ministry on request with information on the current state of processing and evaluation of the territorial energy concept for the purpose of assessing compliance with the state energy concept. ';
Paragraph 7 shall become paragraph 9.
11. in Article 5 (1) and (2), including footnote 3:
"(1) The national energy efficiency programme and the use of its renewable and secondary resources (hereinafter referred to as the Programme) is a document expressing the objectives of improving energy efficiency, reducing energy performance and using its renewable and secondary resources in accordance with the approved state energy concept and sustainable development principles (3).
(2) The programme is processed for a five-year period by the Ministry in agreement with the Ministry of the Environment and submitted to the Government for approval.
3) Article 6 of Act No. 17 / 1992 Coll., on the Environment. '
12. in Article 5 (4) (a) and (b):
"(a) energy-saving measures to increase energy efficiency and reduce the energy performance of buildings;
(b) the development of the use of cogeneration and secondary energy sources; ';
13. in Article 5 (4), the following point (f) is inserted after point (e):
"(f) development of the energy use of municipal waste (1b),"
Points (f) to (h) shall be renumbered as points (g) to (i).
14. in Article 5 (4) (h) and (i):
"(h) science, research and development in energy management, energy savings and the use of renewable energy sources;
(i) the processing of territorial energy concepts and instruments for its implementation. ';
15. in Article 5, at the end of paragraph 4, the dot is replaced by a comma and the following point (j) is added:
"(j) the introduction of an energy performance certificate for buildings and the conduct of energy audits.";
16. In Article 5, at the end of the text of paragraph 5, the words "and the Ministry shall publish it in a way that allows remote access' shall be added.
17.
Energy efficiency
(1) The electricity or thermal energymanufacturer (2) is required to ensure at least the minimum efficiency of the energy use provided for by the implementing legislation for newly established installations for the production of electricity or heat. This obligation shall also apply to installations for the production of electricity or heat energy which are subject to a change in finished constructions in the scope of the specific legislation4).
(2) In the case of operated boilers burning liquid, gaseous or solid fuels with a rated power up to 200 kW, their owner or operator is required to ensure a regular efficiency check. The frequency, scope and method of carrying out the check are laid down in specific legislation4a).
(3) In the case of heating equipment with a rated output of more than 20 kW and over 15 years after the date of entry into service, the owner or operator shall ensure a one-off check of boilers and internal thermal energy distribution within 3 years of the entry into force of this Act. This check shall include an assessment of the efficiency of the boiler and its dimensioning in relation to the requirements exclusively for heating of the building.
(4) In the case of operated boilers burning liquid, gaseous or solid fuels with a rated power exceeding 200 kW, their owner or operator shall ensure that their efficiency is regularly checked in accordance with implementing legislation4b.
(5) Only persons authorised under special legislation4c may carry out checks on boilers. The persons carrying out the checks referred to in paragraphs 3 and 4 shall be examined by the Ministry of Energy Efficiency and the draft measures. The procedure for checking and evaluating the efficiency of boilers from the nominal output of 200 kW and the scope of the checks of persons carrying out checks pursuant to paragraphs 3 and 4 shall be laid down in the implementing legislation.
(6) The obligations referred to in paragraphs 2 to 4 shall not apply to owners or operators of boilers and internal thermal energy distribution located in family houses, apartments and buildings for individual recreation, except where they are operated exclusively for business activities. The owners of boilers located in family houses, apartments and buildings for individual recreation shall be advised in accordance with Section 5 (4) (g) for checking boilers, their size and heating equipment.
(7) For air conditioning systems, the owner or operator of an installation with a rated cooling capacity of more than 12 kW shall be required to provide regular control every 4 years. The procedure for checking and evaluating the results shall be laid down in the implementing legislation.
(8) Control of air-conditioning systems may only be carried out by persons under Section 10 examined by the Ministry on the issues of energy efficiency use and proposals for measures, or by persons authorised under special legislature4d). The scope of the examination shall be determined by implementing legislation.
(9) The owner or operator of the heat energy distribution installation (2) and the owner of the internal heat energy and cold distribution installation (s) is obliged to ensure the efficiency of the use of energy and of the equipment of the heat energy distribution and internal heat and cold distribution provided for in the implementing legislation. This obligation is also required in the event of a change in completed construction4). The owner or operator of the electricity transmission or distribution facility shall evaluate the efficiency of the use of electricity for all installations operated within the scope laid down in the implementing legislation.
(10) Only energy appliances with minimum energy efficiency provided for by implementing legislation may be placed on the market by the manufacturer, importer or seller. This condition shall be deemed to be fulfilled if the appliance complies with the relevant harmonised Czech technical standard which determines energy efficiency.
4) Paragraph 139b (1) and (3) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
4a) Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as amended. Government Decree No 352 / 2002 Coll., establishing emission limits and other conditions for the operation of combustion stationary sources of air pollution. Decree No. 356 / 2002 Coll., establishing the list of pollutants, general emission limits, the way in which reports and information are to be transmitted, the quantity of pollutants released, the darkness of smoke, the permissible levels of odour and the intensity of odours, the conditions of authorisation of persons, the requirements for maintaining the operational record of air pollution sources and the conditions for their application.
4b) Decree No. 150 / 2001 Coll., establishing the minimum efficiency of energy use in electricity and heat generation.
4c) § 15 (1) (a) and (b) of Act No. 86 / 2002 Coll., on Air Protection and on the amendment of certain other laws (Air Protection Act), as amended.
4d) § 5 (3) (e) and (f) of Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as amended. '
18. footnote 5 is deleted, including the reference to that footnote.
19. The following Section 6a is inserted after Section 6, including footnotes 5, 5a, 5b, 6, 6a and 6b:
Energy performance of buildings
(1) The builder, owner of the building or community of unit owners (5) must ensure compliance with the energy performance requirements of the building and compliance with the comparative indicators laid down in implementing legislation (6a), and compliance with the requirements laid down by the relevant harmonised Czech technical standards. The implementing legislation lays down requirements for the energy performance of buildings, comparison indicators, the method for calculating the energy performance of buildings and the details relating to compliance with those requirements. When the completed buildings are changed, the requirements are met for the whole building or for changes to the systems and elements of the building.
(2) Compliance with the requirements referred to in paragraph 1 shall be demonstrated by the building builder, the owner of the building or by the community of unit owners by a certificate of the energy performance of the building (hereinafter referred to as the "licence '), which shall be annexed when demonstrating compliance with the general technical requirements for construction. (5a) The certificate shall not be more than 10 years old and shall be part of the documentation provided for in the implementing act:
(a) the construction of new buildings;
(b) in the case of major modifications to completed buildings with a total floor area of more than 1000 m2 affecting their energy performance;
(c) on the sale or rental of buildings or parts of buildings where there is an obligation for such buildings to process the licence referred to in (a) or (b).
(3) The card can be used for individual apartments and non-residential spaces for buildings with central heating connected to the heat source or distribution.
(4) The verification of the new building over 1000 m2 of the total floor area shall include the results of the assessment of the technical, ecological and economic feasibility of alternative heating systems, which are:
(a) decentralised renewable energy supply systems;
(b) combined production of electricity and heat;
(c) district heating or block heating, if necessary cooling,
(d) heat pumps.
(5) The contents of the licence and the manner in which it is processed, including the use of energy audits already carried out pursuant to Article 9, are laid down in implementing legislation.
(6) Operators of buildings used for the purposes of education, health, culture, trade, sport, accommodation and catering services, customer centres of the water, energy, transport and telecommunications sectors and public administrations with a total floor area above 1000 m2 are required to place the licence in a publicly accessible place in the building.
(7) The document may be drawn up only by a person authorised under Paragraph 10 or by a person authorised under a special legislation 5b), examined by the Ministry in accordance with the implementing legislation, out of the details of its drawing up.
(8) The requirements referred to in paragraph 1 need not be met when changing the completed building if the owner of the building proves by an energy audit that this is not technically and functionally possible or economically appropriate in view of the lifetime of the building, its operational purposes or where this is contrary to the requirements of the special legislature6). Furthermore, the requirements referred to in paragraph 1 need not be met for temporary buildings of up to 2 years of planned use, experimental buildings, buildings with occasional use, in particular for religious activities, residential buildings which are intended to be used for less than 4 months a year, self-standing buildings with a total floor area of less than 50 m2 and buildings containing internal technological heat sources. Furthermore, requirements need not be met for production buildings in industrial areas, for plants and non-residential agricultural buildings with low annual energy consumption for heating 6a).
(9) The owner of a building or community of unit owners shall not exceed the specific heat consumption indicators for heating and cooling and for hot water preparation laid down in Implementing Regulation (b) when using new buildings or when using buildings completed after their change affecting all the thermal performance of the building.
(10) The builder, the owner of the building or community of unit owners must equip the internal heat equipment of buildings with instruments regulating the supply of heat to final consumers within the scope laid down in the implementing legislation. The final consumer shall be obliged to allow the installation, maintenance and control of these devices.
(11) The owner of the building or community of unit owners shall comply with the heating and cooling rules and the supply of hot water laid down in implementing legislation6b. Rules do not apply to:
(a) deliveries made exclusively for personal use;
(b) supplies made for non-residential premises, provided that the limits laid down in the implementing legislation are not exceeded and that health and property are not jeopardised;
(c) supplies made for flats, with the consent of at least two-thirds of the tenants or owners of such flats with different rules, provided that the limits laid down in implementing legislation6b are not exceeded and that health and property are not jeopardised.
5) Act No. 72 / 1994 Coll., on the ownership of apartments, as amended.
5a) Decree No. 137 / 1998 Coll., on general technical requirements for construction.
5b) § 5 (3) (a), (e) and (f) of Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction, as amended.
6) For example Act No. 20 / 1987 Coll., on State Memorial Care, as amended.
6a) Decree No. 291 / 2001 Coll., laying down details of the efficiency of energy use in heat consumption in buildings.
6b) Decree No 152 / 2001 Coll., laying down rules on heating and the supply of hot water, specific heat consumption indicators for heating and for the preparation of hot water and requirements for the fitting of indoor heat equipment of buildings by equipment regulating the supply of heat energy to final consumers. '
20. in Article 8 (1), the words "true" shall be inserted after the words "be."
21. in Paragraph 8, the following paragraph 4 is inserted after paragraph 3:
"(4) Sellers of EuPs referred to in Implementing Legislation (6c) must not offer such appliances for sale without labels. The information on the label must be true and in Czech.
6c) Decree No 442 / 2004 Coll., laying down the details of the labelling of energy-labelling appliances and the processing of technical documentation, as well as the minimum efficiency of the use of energy for electrical appliances placed on the market. '
Paragraphs 4 to 9 shall be renumbered paragraphs 5 to 10.
22. in Paragraph 8 (8), "6" is replaced by "7."
23. Paragraph 9 (1), including footnote 6d, reads:
"(1) Energy audit is carried out by an energy auditor. The energy audit must be processed using energy-saving materials and procedures, objectively and truthfully. An energy audit to the extent provided for by implementing legislation6d shall be completed by a written report which shall contain:
(a) an assessment of the current level of energy economy and buildings under consideration;
(b) the total amount of available energy savings, including input and output data used and calculation methods;
(c) the design of the selected option recommended for implementing energy savings, including economic justification.
6d) Decree No. 213 / 2001 Coll., laying down details of the elements of the energy audit, as amended. '.
24. in Paragraph 9 (2), the words "and the energy auditor" shall be inserted after the word "owner" and the words "including in electronic form" shall be added at the end of the paragraph.
25. Paragraph 9 (3) reads:
"(3) The obligation to subject the energy economy and the building to which it has the right of ownership or other use shall apply to:
(a) any natural or legal person applying for a State subsidy under the Programme if the installed power output exceeds 200 kW;
(b) the state's organisational units, the regional and municipal areas, the capital city of Prague and the contribution organisations with an overall annual energy consumption higher than the value laid down by the implementing legislation;
(c) natural or legal persons, with the exception of contributory organisations, with an overall annual energy consumption higher than the amount laid down by the implementing legislation. "
26. in Paragraph 9 (5):
"(5) An energy audit shall not be carried out where existing technological installations for the production of electricity and heat, electricity transmission and distribution of electricity and heat energy comply with the energy efficiency requirements laid down in the specific legislation."
27. In Article 9, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) An energy audit shall not be carried out on existing buildings whose specific heating consumption complies with the requirements laid down in the implementing legislation and on buildings containing internal technological heat sources within the scope laid down in the implementing legislation.
(7) Where the obligation referred to in paragraph 3 is fulfilled by the owner or the person who has another right of use, he shall be obliged to provide the necessary synergies. ';
Paragraphs 5 and 6 shall be renumbered paragraphs 8 and 9.
28. In Article 9, paragraphs 10 and 11 are added:
"(10) An energy audit may also be carried out by a person who is established in another Member State of the European Union if he carries out the activity of an energy auditor on the territory of the Czech Republic on a temporary and isolated basis if:
(a) a national of a Member State of the European Union;
(b) an authorisation to carry out the activities of an energy auditor under the legislation of another Member State of the European Union.
(11) The audit by a person referred to in paragraph 10 shall be notified by the contracting authority to the Ministry. ';
29. Paragraph 10, including footnotes 6e and 7, reads as follows:
Energy auditor
(1) The energy auditor is a natural person who is included in the list of energy auditors kept by the Ministry in a manner that allows remote access.
(2) A prerequisite for inclusion in the list of energy auditors is:
(a) passing a professional examination;
(b) legal capacity;
(c) integrity given by the fact that the applicant has not been convicted of a intentional offence;
(d) the required competence in accordance with paragraph 5.
(3) The procedure for applying for a professional examination, its content and its course (hereinafter referred to as the "test schedule ') shall be laid down in implementing legislation. The written request shall contain:
(a) evidence of professional competence, including evidence of education and evidence of experience in the field; the recognition of professional qualifications or other competences of members of the Member States of the European Union shall be carried out in accordance with the Specific Law (6e);
(b) copies of at least 2 reports of energy audits carried out in the last 2 years, the implementation of which the tenderer has participated, with a certificate of participation from the implementing auditor.
(4) The examination shall take place before the examination committee appointed by the Ministry. The applicant shall receive a written notification of the date and place of the examination at least 10 days before the examination, together with an assessment of the energy audits submitted. The test panel shall draw up a report on the course and outcome of the examination and issue a test document on the basis of it.
(5) The professional competence to carry out energy audits shall be those who demonstrate the completed university education of the master's or doctoral degree programme of the technical direction and the 3 years of experience in the field or the end of secondary education or of the Bachelor's degree programme of the technical direction and 5 years of experience in the field.
(6) The applicant makes a written request to the Ministry for inclusion in the list of energy auditors, the model of which is laid down in implementing legislation (6d).
(7) The application for inclusion in the list of energy auditors referred to in paragraph 6 shall be accompanied by:
(a) an extract from the Register of Penalties not earlier than 3 months;
(b) proof of the professional examination.
(8) Where the conditions for inclusion in the list of energy auditors are met, the applicant shall receive a certificate of professional competence of the energy auditor. If the conditions for inclusion in the list of energy auditors are not met, the applicant shall receive a written decision by the Ministry to reject the application.
(9) The Ministry shall not allow the examination or enter in the list of energy auditors six years after the application has been submitted by the applicant who has provided false information in the applications, in particular demonstrating his competence. In a repeated case, the refusal shall be permanent.
(10) An energy audit may not be carried out by an energy auditor at the contracting authority pursuant to Article 9 (3) (a) and (b), which:
(a) has an interest in the company or cooperative which is the contracting authority of the energy audit;
(b) is a member of a company or a member of a cooperative which is a contracting authority, is a statutory authority or a member of a contracting authority or is in a working or similar relationship with the contracting authority;
(c) is a person close to trial 7) persons who have a position for natural persons or legal persons who are the contracting authority of an energy audit that could affect the activity of an energy auditor.
(11) The energy auditor must be insured in the event of liability for damage that could arise in connection with the performance of the activity of the energy auditor, in such a way that the extent of the claims is proportional to the possible damage that can reasonably be expected. The insurance must continue throughout the audit activity.
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Regulation Information
| Citation | Act No. 177 / 2006 Coll., amending Act No. 406 / 2000 Coll., on Energy Management, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.2006 |
|---|---|
| Effective from | 01.07.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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