Act No. 19 / 2023 Coll.
Act 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 other related laws
Valid
Effective from 24.01.2023
19
THE LAW
of 11 January 2023
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 other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Energy Act
Act No. 21 / 20, Act No. 21 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 2011 Coll.
1. in Article 2 (2) (a) (18), the words "electricity from renewable energy sources with a total installed electricity output of 1 MW or more and a low-carbon electricity plant with a total installed electricity output of 1 MW or more" shall be inserted after the words "system,";
2. in Paragraph 2 (2) (b) (26), after the semicolon, the word "land" shall be deleted.
3. In the first sentence of Article 3 (2), the words "electricity generation from renewable energy sources with a total installed electricity output of 1 MW or more and electricity production of a low-carbon power plant with a total installed electricity output of 1 MW or more 'are inserted after the words" electricity generation from renewable energy sources' and the word "natural 'is deleted.
4. in the second sentence of Article 3 (3), in the first sentence of Article 28 (5), in the first sentence of Article 46 (7) (c), (d) and (e) and in the final part of Article 46 (7), "10" is replaced by "50."
5. In the last sentence of Article 5 (5), "20 'is replaced by" 50'.
6. In Paragraph 12a (1), the second sentence is replaced by the following: "If there is more than one licence holder for the supply of electricity or gas, each of these electricity or gas traders may supply electricity or gas to the extent agreed by them. Information on the extent to which the supply of electricity or gas, the electricity trader or the gas trader shall publish on its website and provide it to the Energy Regulatory Authority without delay. In the absence of an agreement between electricity or gas traders, 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 obliged by the licence holder to trade in electricity or gas in accordance with the first sentence which, on 1 January of the calendar year within the demarcated territory, supplies electricity or gas to the largest number of consumer demand points. ';
7. In Paragraph 19d, paragraphs 7 to 9 are added:
"(7) In an exceptional market situation, the Ministry of Finance may grant a loan or loan to a participant in electricity or gas to avert damage in the national economy or to address an exceptional market situation. The conditions for granting a loan or loan shall be laid down by the Government by regulation. The Government shall decide whether to grant a loan or loan. In order to limit interest, currency or other risks, transactions in investment instruments, including derivatives, shall not be negotiated for financing loan or loan operations.
(8) The loans and loans granted under paragraph 7 are not State budget expenditure, the instalments of such loans and loans are not State budget revenue, and interest and other revenue from such loans and loans are State budget revenue.
(9) In an exceptional market situation, the Government may grant a State guarantee to a participant in electricity or gas to avert damage in the national economy or to address an exceptional market situation. The conditions for granting the State guarantee shall be laid down by the Government by regulation. '
8. In Article 23, at the end of paragraph 3, the dot is replaced by a comma and the following point (s) is added:
"(s) comply with the requirements for safe installation in the case of power generation from renewable energy sources with an installed power of up to 50 kW connected to the distribution system which do not require a building permit or a declaration under the building law.";
9. In the second sentence of Paragraph 28 (5), "and (j) 'is replaced by", (j) and (s)'.
10. in Paragraph 91 (2) (c), "r" is replaced by "s."
11. in Paragraph 98a, the dot is replaced by a comma at the end of paragraph 1 and the following point (j) is added:
"(j) requirements for safe installation in the case of power generation from renewable energy sources with installed power up to 50 kW."
Amendment to the Act amending the Act on Supported Energy Sources
In Act No. 382 / 2021 Coll., amending Act No. 165 / 2012 Coll., on Supported Energy Sources, and amending certain laws, as amended, and other related laws, in Part One - Amendment to the Act on Supported Energy Sources, Article II - Transitional provisions in point 18, "31 December 2022 'is replaced by" 30 June 2023'.
Amendment to the Act on Supported Energy Sources
Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll., Act No. 310 / 2013 Coll., Act No. 90 / 2014 Coll., Act No. 131 / 2015 Coll., Act No. 107 / 2016 Coll., Act No. 190 / 2016 Coll., Act No. 103 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 541 / 2020 Coll., Act No. 367 / 2021 Coll., Act No. 382 / 2021 Coll., Act No. 143 / 2022 Coll., and Act No. 232 / 2022 Coll., is amended as follows:
1. in Paragraph 2 (2) (g), the words "or from secondary sources offered by the auction bidder" shall be replaced by the words "equal to the difference between the reference auction price and the expected average annual hourly price."
2. In Paragraph 3, at the end of paragraph 4, the dot is replaced by a comma and the following points (j) and (k) are added:
"(j) the definition of a biomass-producing heat plant for which the condition of the supply of heat produced to an efficient heat supply system applies;
(k) the definition of the size of the biomethane production plant covered by the biomethane aid. ';
3. Paragraph 3 (5) reads as follows:
"(5) The Government Regulation referred to in paragraph 4 provides for the support of electricity, heat and biomethane for the whole calendar year. The Government shall issue each calendar year a Regulation in accordance with paragraph 4 supplementing the definition of aid for the following calendar year or years so that the definition is determined for a period of at least three calendar years. ';
4. In Articles 5 (2) and 6 (2), the second sentence is deleted.
5. in Article 6a (6), point (a) shall be deleted;
Points (b) and (c) shall become points (a) and (b).
6. in Article 6c (5), point (a) shall be deleted;
Points (b) and (c) shall become points (a) and (b).
7. In Article 8, the following sentence is added at the end of paragraph 1: "Electricity aid in the form of a purchase price may not be applied to one electricity plant together with the green electricity bonus or auction bonus. Electricity support in the form of a purchase price may not be chosen for a power plant that is connected to the electricity system via another power plant or if multiple power generation is connected through one demand point. ';
8. In Article 9 (6) (b), the words "and secondary sources' are deleted and the words" and electricity produced from secondary sources' are inserted after the words "1 MW '.
9. In Paragraph 10a, at the end of paragraph 1, the dot is replaced by a comma and the following point (k) is added:
"(k) in the case of high-efficiency combined electricity and heat production, the procedure for the year-on-year adjustment of the reference auction price on the basis of a change in the amount of the purchase costs of fuel and emission allowance costs and the procedure for determining the expected average annual hourly price."
10. in Article 10a (2) (a):
"(a) the maximum reference auction price, in the case of high-efficiency cogeneration including the cost of fuel acquisition and the cost of emission allowances used for its calculation; or"
11. in Article 10a (2), point (b) is deleted;
Point (c) shall be renumbered (b).
12. in Article 10c (5), the words "in the case of renewable sources or the amount of the auction bonus in the case of high-efficiency cogeneration of electricity and heat and secondary sources" shall be deleted;
13. in Article 10d (2) (b), the words "or the amount of the auction bonus" shall be deleted;
14. In Paragraph 10d, at the end of paragraph 2, the dot is replaced by a comma and the following point (d) is added:
"(d) in the case of high-efficiency cogeneration, the procedure for adjusting the reference auction price year-on-year on the basis of a change in the cost of the acquisition of fuel and the cost of emission allowances and the procedure for determining the expected average annual hourly price."
15. Paragraph 11 (9) reads:
"(9) Where aid for high-efficiency cogeneration of electricity and heat is awarded with an auction bonus, a higher average annual hourly price than the reference auction price does not arise in that year and the manufacturer is obliged to pay the difference between the expected average hourly price and the reference auction price to the market operator. The method and procedure for the payment of the difference between the expected average annual hourly price and the reference auction price to the market operator shall be determined by the decision granting the right to the aid from the auction. ';
16. In Article 24, at the end of paragraph 3, the dot is replaced by a comma and the following point (e) is added:
'(e) the energy recovery of municipal waste only to heat produced from a biodegradable part of municipal waste; in the case of unsorted municipal waste, the proportion of biodegradable and indivisible part to the energy content of municipal waste shall be determined by implementing legislation.';
17. in Paragraph 25a (5):
"(5) The registration of the aid in the market operator system by the manufacturer, with the exception of the maintenance support for 2022, is a condition for the right to maintain heat. Where a heat producer in a market operator's system registers maintenance heat support by 31 December 2022, the right to maintenance heat support for 2022 shall be acquired, subject to other conditions of support, from 1 January 2022 at the earliest. '
18. in Article 25a (6), point (a) is deleted;
Points (b) and (c) shall become points (a) and (b).
19. Paragraph 28 (1) reads:
"(1) The costs of electricity support, operating heat support, transitional transformation heat support and biomethane support shall be borne by the market operator from the funds which consist of:
(a) revenue from the payment of the distribution system service component and the electricity service component;
(b) revenue from payments where a higher hourly price is reached than the purchase price, the reference purchase price or the reference auction price, or where the expected average annual hourly price is reached than the reference auction price for high-efficiency cogeneration;
(c) financial security appropriations;
(d) subsidies from State budget resources pursuant to paragraph 3;
(e) proceeds from the auctioning of allowances under the Act on the Conditions of Trading of Greenhouse Gas Emissions Allowances implemented through the Ministry Chapter;
(f) a positive difference between the expected market price of electricity from a low-carbon plant on organised markets and the implementation price pursuant to § 9 (3) of the Act on measures to move the Czech Republic to low-carbon energy,
(g) the proceeds from the price of the guarantee of origin and the value of the guarantee of origin which is included in the price for the transfer of the guarantee of origin of advanced biomethane pursuant to § 45a and the guarantees of origin offered pursuant to § 45c. ';
20. in the second sentence of Article 28 (3), "(a), (b), (c) and (e)" is replaced by "(a), (b), (c), (e), (f) and (g)."
21. In Article 28a (2), first sentence and (3), second sentence, the words "made up of main lines" shall be inserted after the words "places."
22. in Paragraph 28a (4):
"(4) Where the installation of the electricity market participant is connected to the transmission or distribution system by both the main and the back-up lines, the sum of the quantities of electricity collected through the main and back-up lines during the settlement period shall be used to evaluate the maximum electricity payment referred to in paragraphs 2 and 3. ';
23. in Article 28a (6), the second sentence is deleted;
24. In Paragraph 35, the sentence "The inspection may initiate the procedure laid down in the first sentence even if the sector investigation has not identified a risk of overaid or where there is no combination of aid from renewable sources with investment aid 'is added at the end of paragraph 1.
25. in Paragraph 35 (2), the words "even if the sector investigation has not identified a risk of overaid" shall be deleted.
26. in Paragraph 37 (3) (a), the words "bonus or" shall be replaced by the words "bonus," and the words "or auction bonus support" shall be added at the end of the text of the letter.
27. the words "or auction bonus" shall be added at the end of Paragraph 37 (3).
28. In Paragraph 38 (2), the words "for at least 6 consecutive hours' are deleted.
29. in Paragraph 39 (2), '500 000' is replaced by '100 000';
30. In Paragraph 40, paragraphs 6 and 7 are added:
"(6) During the useful life period, the right to support electricity, heat or biomethane shall cease on the date of cancellation of the registration of the aid with the market operator at the request of the electricity, heat or biomethane manufacturer. This does not concern the cancellation of the registration of the aid due to a change in the licence holder.
(7) The production of electricity from high-efficiency cogeneration with an installed power output of less than 1 MW put into service from 1 January 2022 to 31 December 2022 shall be deemed to have been put into service on 1 January 2023 for the purposes of establishing the right to aid under this Act. '
31. in § 47c, the words "in electronic form in the market operator system" shall be added at the end of the text of paragraph 3.
32. in § 47c, paragraph 5 is deleted;
Paragraph 6 shall become paragraph 5.
33.In Paragraph 47f (2), the second sentence is deleted.
34. In Article 47f (3), at the end of the text of the first sentence, the words "in electronic form in the record of the use of renewable energy sources in transport on the basis of information provided by the parties to the agreement to the market operator in accordance with paragraph 2 'are added and the second sentence is deleted.
35. in § 47f, the words "in electronic form in the record of the use of renewable energy sources in transport" shall be added at the end of the text of paragraph 7.
36. in Paragraph 49 (1) (j), "3" is replaced by "4."
37. in Paragraph 49 (6) (b), the words "establishment," and "installation," shall be replaced by "establishment or."
38. in Paragraph 49 (6) (c), "metrology and" is replaced by "metrology or."
39. in Articles 49 (6) (d), 11 (b) and 19 (c), "a" is replaced by "or."
40. in Article 49 (6) (e), the words "Biomethane and Biomethane" shall be replaced by the words "Biomethane or";
41.In Paragraph 49 (14) (g), "7" is replaced by "8."
42. In the second sentence of Article 49 (22), the words ", producer of biomethane 'shall be inserted after the words" the manufacturer of biomethane' and at the end of the paragraph the sentence "The restriction referred to in the second sentence shall not apply to the offence referred to in paragraph 1 (h), paragraph 2, paragraph 4 (b), paragraph 5 (e) and paragraph 6 (e). ';
43.In Paragraph 53 (1), points (ad) and (ae) are deleted.
The current subparagraph (af) shall be renumbered as ad).
Transitional provisions
1. In the case of power generation from high-efficiency cogeneration and secondary power generation from secondary sources put into service until 31 December 2012, the right to support electricity under existing legislation shall continue until 31 December 2025. In the case of power generation from high-efficiency cogeneration and secondary power generation from secondary sources put into service during the period from 1 January 2013 to the date of entry into force of this Act, the right to support electricity under existing legislation shall continue for a period of 15 years from the date of entry into service of the electricity generation plant. Paragraph 54 (5) of Act No 165 / 2012 Coll. is not affected by the first sentence.
2. Paragraph 11 (9) of Act No. 165 / 2012 Coll., as effective before the date of entry into force of this Act, shall apply to the promotion of an auction bonus decided by the Ministry on the basis of an auction to support electricity declared before the application of this Act.
Amendment to the Energy Management Act
Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 359 / 2003 Coll., Act No. 694 / 2004 Coll., Act No. 180 / 2005 Coll., Act No. 177 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 574 / 2006 Coll., Act No. 393 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 299 / 2011 Coll., Act No. 131 / 2015 Coll., Act No. 183 / 2017 Coll., Act No. 135., Act No. 318 / 2012 Coll., Act No. 310 / 2013 Coll., Act No. 103 / 2015 Coll., Act No. 131 / 2015 Coll.
1. In the first sentence of Paragraph 7 (9), the words "its energy performance 'are deleted and the words" the values of the energy performance indicator of the building of the total energy supplied or primary energy from non-renewable energy sources' are added.
2. In the second sentence of Article 7 (9), the words "to apply for authorisation 'shall be inserted after the words" the energy performance of buildings'.
EFFECTIVE
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 19 / 2023 Coll., amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.01.2023 |
|---|---|
| Effective from | 24.01.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 313
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