What is Act No. 211 / 2011 Coll.?

Act No. 211 / 2011 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 other related laws — 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.

When it became Act No. 211 / 2011 Coll. effectiveness?

Act No. 211 / 2011 Coll. became effective 18.08.2011.

Is Act No. 211 / 2011 Coll. still valid?

Yes, Act No. 211 / 2011 Coll. is still valid and effective.

How many times was it Act No. 211 / 2011 Coll. amended?

Act No. 211 / 2011 Coll. has 5 time versions of the text.

Act No. 211 / 2011 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 Law Effective from 18.08.2011

Text versions: 01.01.2025 01.01.2012 18.08.2011 19.07.2011

ČÁST PRVNÍ Čl. I „§ 1 „§ 7a § 10a § 10b § 10c „§ 11a „§ 15a „§ 17c § 17d § 17e § 17f „§ 18 „§ 18a § 18b „§ 24a „§ 30a § 30b § 30c § 30d „§ 58a „§ 58b § 58c § 58d § 58e § 58f § 58g § 58h § 58i § 58j § 58k § 58l § 58m § 58n „§ 60a „§ 67a „§ 90 § 91 § 91a „§ 91b § 91c § 91d „§ 96a § 96b § 96c § 96d Čl. II ČÁST DRUHÁ Čl. III ČÁST ČTVRTÁ Čl. VI

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211

THE LAW

of 9 June 2011

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:

ČÁST PRVNÍ

Amendment of the Energy Act

Čl. I

Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 670 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 155 / 2010 Coll., Act No. 158 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 155 / 2010 Coll., is amended as follows:

1. Paragraph 1, including the title and footnotes 1 and 1a, reads as follows:

„§ 1

Subject matter

This law incorporates the relevant European Union1 provisions and regulates, following the directly applicable European Union1a regulations, the conditions of business and the pursuit of state administration in the energy sectors of electricity, gas and heating, as well as the rights and obligations of natural and legal persons associated therewith.

1) Directive 2009 / 72 / EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003 / 54 / EC. Directive 2009 / 73 / EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003 / 55 / EC. Directive 2006 / 32 / EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93 / 76 / EEC. Directive 2005 / 89 / EC of the European Parliament and of the Council of 18 January 2006 on measures to safeguard the supply of electricity and investment in infrastructure.

(1a) Regulation (EC) No 713 / 2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators. Regulation (EC) No 714 / 2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228 / 2003. Regulation (EC) No 715 / 2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to gas transmission networks and repealing Regulation (EC) No 1775 / 2005. Regulation (EC) No 617 / 2010 of the European Parliament and of the Council of 24 June 2010 on the obligation to inform the Commission about investment projects in energy infrastructure within the European Union and repealing Regulation (EC) No 736 / 96. Regulation (EU) No 994 / 2010 of the European Parliament and of the Council of 20 October 2010 on measures to ensure security of gas supply and repealing Council Directive 2004 / 67 / EC. ';

2. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (f) and (g) are added:

"(f) control of the possibility of exercising, on the basis of legal or factual facts, a decisive influence on the activities of another person, in particular on the basis of:

1. ownership or rights of use for the undertaking of a controlled person or part thereof; or

2. rights or other legal elements which give decisive influence to the composition, vote and decision-making of the bodies of the person checked;

(g) certification of the procedure in which the transmission system operator, transmission system operator or person intending to operate a transmission or transmission system complies with the conditions of independence of the transmission system operator or transmission system operator under this law and whether the acquisition or exercise of control by a person or persons having their registered office, central administration or principal place of business in a State which is not a Member State of the European Union ("a third-country person") will not jeopardise the security of supply of electricity or gas in the Czech Republic and the European Union. "

3. in Paragraph 2 (2) (a) (17):

"17. vertically integrated entrepreneur, licence holder or group of licence holders for the transmission of electricity, distribution of electricity, trade in electricity or the production of electricity, over which the same person is authorised or are entitled, directly or indirectly, to exercise control, and of which at least 1 licence holder carries out the activity of the transmission or distribution of electricity and at least 1 licence holder carries out the activity of the production or trade of electricity, '.

4. in Article 2 (2) (b) (12) and Article 67 (2) (b), the word "underground" shall be deleted;

5. in Paragraph 2 (2) (b) (13):

"the 13th gas container of underground or above ground gas equipment, including related technological objects and control and signalling equipment and equipment for the transfer of information for the activities of computer and information systems, used for the storage of natural gas in gaseous or liquid form, directly linked to the gas system of the Czech Republic or to a foreign gas system; the gas storage tank is established and operated in the public interest; ';

6. in Article 2 (2) (b) (14) and (25), in Article 57 (8) (a), in Article 60, in Article 60, in the introductory part of the provisions of paragraphs 1, 60 (1) (a), (c), (d) and (h), in Article 60 (8) (a), in Article 60 (8) (g), (h), (h), (l) to (n), (p) and (q), in Article 61 (2) (e), in Article 61a (1) and in Article 98a (2) (i) (6), the word "subground" shall be deleted. "

7. In Article 2 (2) (b) (19), the words "a gas market participant for whom 'are replaced by the words" a natural or legal person for whom';

8. in Paragraph 2 (2) (b) (24):

"24. Vertically integrated natural gas undertakings the licence holder or group of holders of gas licences, gas distribution, gas storage, trade in gas or gas production, over which the same person is authorised or is entitled, directly or indirectly, to exercise control, and of which at least 1 licence holder carries out gas transport, gas distribution or gas storage activities and at least 1 licence holder carries out gas production or gas trade activities, ';

9. In Article 2 (2), the following point 27 is added at the end of point (b):

"27. production gas of a gas-fired or liquefied natural gas terminal, including the construction part and the necessary ancillary facilities where the holder of the gas-fired licence operates; '.

10. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points 13 and 14 are added:

"the 13th heat energy source of the installation, including the necessary auxiliary equipment and construction parts, in which the use of fuels or other forms of energy is obtained from the heat energy to be transmitted to the heat carrier;

14th system of heat supply of the system consisting of interconnected or heat energy sources and heating distribution equipment for heating, cooling, hot water heating and technological processes, when operated on the basis of a heat energy production licence and a heat distribution licence; the thermal energy supply system shall be established and operated in the public interest. ';

11. at the end of paragraph 2, the sentence "For the implementation of a power-generating installation set up and operated in the public interest or a building forming part of a transmission system, transmission system, distribution system, gas storage tank, heating plant or heat energy source connected to a heating distribution installation may be expropriated in accordance with the Expropriation Act."

12. in Article 3, paragraphs 4 and 5 are added:

"(4) If the conditions laid down in § 7a are met, natural or legal persons may, in the field of trade in electricity or gas within the territory of the Czech Republic, also carry on business on the basis of an authorisation to do business for trade in electricity or for trade in gas granted by the competent authority of another Member State of the European Union.

(5) Natural and legal persons engaged in the business of filling propane, butane and their mixtures in propane-butane bottles are required to ensure that pressure tests are carried out regularly, control and repair of their own bottles. The filling of propane-butane bottles without the consent of the owner shall be prohibited. ';

13. in Article 5 (3), the fourth sentence is deleted;

14. In Article 5, the following paragraph 7 is inserted after paragraph 6:

"(7) Technical assumptions shall be considered to be met for an energy installation where its safety is certified to the extent and under the conditions laid down by laws, regulations and other provisions to ensure safety and health at work and in accordance with the technical documentation. Where an energy installation is a construction, the applicant shall also demonstrate that he is entitled to use or otherwise operate the construction. ';

Paragraph 7 shall become paragraph 8.

15. the following Section 7a is inserted after Section 7, including the title:

„§ 7a

Recognition of the right to conduct business

(1) A person intending to do business in the energy sector within the territory of the Czech Republic on the basis of an authorisation to do business for trade in electricity or gas granted by a competent authority of another Member State of the European Union must request the Energy Regulatory Authority to recognise that authorisation.

(2) The Energy Regulatory Authority shall decide on the recognition of the authorisation referred to in paragraph 1 if, on the basis of an authorisation issued by another Member State of the European Union, the applicant has the right to carry out activities in electricity or gas. Where the Energy Regulatory Authority decides to recognise an authorisation to conduct business for trade in electricity or for trade in gas, the person authorised to do so shall be considered to hold a licence under this Act. The provision of the Commercial Code on the creation of a foreign person's right to do business in the Czech Republic is not affected by this.

(3) The authorisation to do business in the field of electricity or gas trade in the Czech Republic shall cease on the basis of a decision on recognition of an authorisation pursuant to paragraph 2 if the authorisation issued in another Member State ceases or if the Energy Regulatory Authority decides to revoke the decision on recognition of such an authorisation. Paragraph 10 (2) (b) to (d) shall apply to the revocation of the recognition decision. The person operating in the energy sector referred to in paragraph 1 shall notify the Energy Regulatory Authority of the termination of the authorisation submitted. ';

16. In Paragraph 9, the sentence "If the Energy Regulatory Authority is to decide to amend the licensing decision, the Energy Regulatory Authority shall carry out a new procedure and take a new decision on the matter. '

17. in Paragraph 10 (1), the words "shall be added at the end of the text of point (a); this shall not apply if the heirs or heirs continue to exercise the licensed activity referred to in paragraphs 9 to 11."

18. in Article 10 (3) (c):

"(c) its holder has not paid a contribution to the Energy Regulatory Fund in accordance with Paragraph 14."

19. Paragraph 10 (9) reads as follows:

"(9) If the licence holder dies, they may continue to carry out the licensed activity until the end of the succession proceedings.

(a) heirs by law if they are not heirs of the will,

(b) heirs of the will and surviving spouse, even if they are not heirs, if they are the owner or co-owner of an energy facility which serves to carry out the licensed activity;

(c) a surviving spouse satisfying the condition referred to in (b), unless the heirs continue in the pursuit of the licensed activity; or

(d) the estate manager, if it has been designated by the authority negotiating the succession for the performance of the licensed activity. "

20. In Article 10, paragraphs 10 and 11 are added:

"(10) Where the person or persons referred to in points (a) to (c) of paragraph 9 continue to pursue the licensed activity until the end of the proceedings, they shall notify the Energy Regulatory Authority in writing within 1 month of the date of death of the licence holder. The inheritance administrator shall notify the Energy Regulatory Authority of the continuation of the licensed activity within 1 month of the date on which it was appointed to this function.

(11) The person referred to in paragraph 9 (a) to (c) who intends to continue carrying out the licensed activity after the end of the inheritance procedure shall notify the Energy Regulatory Authority of this fact within 1 month of the date of the legal power of the resolution by which the succession procedure has been terminated and shall submit a request for a licence to the Energy Regulatory Authority. Until a decision of the Energy Regulatory Authority on an application has been taken, such person shall continue to pursue the licensed activity on the basis of the decision granting the licence to the deceased licence holder. By issuing a decision of the Energy Regulatory Authority on an application for a licence, a licence granted to a deceased licence holder shall cease; where a licence is granted only to one of the establishments, defined territories or distribution or distribution facilities for which a licence has been granted to the deceased licence holder, the licence of the deceased licence shall cease only to that extent. ';

21. the following Sections 10a to 10c are inserted after Section 10, including the title and footnote 20:

"Certification

§ 10a

(1) The transmission system operator and the transmission system operator may only operate a transmission system or transmission system if it holds a certificate of independence issued by the Energy Regulatory Authority.

(2) The transmission system operator or transmission system operator shall notify the Energy Regulatory Authority of any change to the reality it becomes aware of and as a result of which it has ceased or could cease to comply with any of the conditions of independence under § 24a (2) or § 58a to 58n.

(3) The transmission system operator or transmission system operator shall notify the Energy Regulatory Authority of any circumstances which might result in it being controlled by a person or persons from a third country, or of a change in the person or persons from a third country exercising control over a transmission system operator or transmission system, or of other material circumstances. The Energy Regulatory Authority shall inform the European Commission (hereinafter referred to as the Commission) of this fact.

§ 10b

(1) Certification shall be initiated at the request of the transmission system operator or transmission system operator or of the person intending to operate the transmission system or transmission system.

(2) The Energy Regulatory Authority shall initiate ex officio certification:

(a) where it is justified that the transmission system operator or transmission system operator has ceased or ceased to comply with any of the conditions of independence in accordance with § 24a (2) or § 58a to 58n; or

(b) on the initiative of the Commission.

(3) Where the Energy Regulatory Authority does not find grounds for initiating certification following notification by the transmission system operator or transmission system operator pursuant to Paragraph 10a (2), it shall inform the Commission and the transmission system operator or transmission system operator within 30 days of receipt of the notification.

(4) The Energy Regulatory Authority shall draw up the concept of the operative part of the decision and the statement of reasons and notify it to the Commission and the party to the proceedings. Before notifying the concept of the operative part of the decision and the justification, the Energy Regulatory Authority shall allow the Commission to comment on it. The Energy Regulatory Authority shall draw up the draft annual decision and the justification within 4 months of:

(a) start of certification on request;

(b) receiving the Commission's initiative; or

(5) If, in a certification initiated on request, the Energy Regulatory Authority does not draw up the concept of the annual part of the decision and the justification within 4 months of the date of its initiation, the applicant shall, until the decision is taken, fulfil the condition for the operation of the transmission or transmission system pursuant to Paragraph 10a (1). Where, in an ex officio certification, the Energy Regulatory Authority does not draw up the concept of an annual part of the decision and the justification within 4 months of receipt of the Commission's initiative or notification by the transmission system operator or transmission system operator, the Energy Regulatory Authority has not demonstrated the reasons for the withdrawal of the independence certificate. That fact shall be notified without delay by the Energy Regulatory Authority to the Commission and transmitted to it all the supporting documents used. In addition, certification shall be carried out in accordance with the directly applicable European Union Regulation.

(6) The Energy Regulatory Authority shall issue a certificate of independence if the applicant demonstrates in the certification initiated at the request that it fulfils the conditions of independence under § 24a (2) or § 58a to 58n.

(7) In a certification initiated ex officio by the official Energy Regulatory Authority, the independence certificate shall be revoked if it is demonstrated in the certification that the transmission system operator or transmission system operator has repeatedly seriously infringed any of the conditions of independence pursuant to § 24a (2), § 58b to 58m or § 58n (2) and the measures imposed by the Energy Regulatory Authority under this Act have not led to correction. Otherwise, the Energy Regulatory Authority shall suspend certification. It shall inform the Commission without delay of the outcome of the procedure.

§ 10c

(1) The certification of a transmission system operator or transmission system operator controlled by a person or persons from a third country is initiated at the request of a transmission system operator or transmission system operator under the control of a third country person or persons controlled by a third country person or persons wishing to operate a transmission system or transmission system. The Energy Regulatory Authority shall immediately inform the Commission of the initiation of the certification.

(2) The Energy Regulatory Authority shall initiate ex officio certification if it becomes aware of the facts which lead or may lead to a person or persons from a third country gaining control of the transmission system operator or transmission system operator and informs the Commission thereof without delay. If the Energy Regulatory Authority does not find reasons to initiate certification following notification by the transmission system operator or transmission system operator pursuant to Article 10a (3), it shall inform the Commission and the transmission system operator or transmission system operator within 30 days of receipt of the notification.

(3) The decision of the Energy Regulatory Authority is subject to a binding opinion by the Ministry of Industry and Trade (hereinafter referred to as "the Ministry") on whether the acquisition or execution of control by a third-country person or persons over a transmission or transmission system operator may jeopardise the security of supply of electricity or gas in the Czech Republic and the European Union. The Ministry shall issue a binding opinion within 2 months of the date of receipt of the request for extradition by the Energy Regulatory Authority. If the Ministry does not issue a binding opinion within the time limit specified in the second sentence, the acquisition or execution of control by a third-country person or persons over a transmission or transmission system operator shall not jeopardise the security of the supply of electricity or gas in the Czech Republic and the European Union. The binding opinion of the Ministry is based on an assessment

(a) the rights and obligations of the European Union in respect of the third country or countries under international law, including agreements concluded with one or more third countries to which the European Union is a party and which regulate the security of energy supply;

(b) the rights and obligations of the Czech Republic in respect of the third country or countries concerned resulting from agreements concluded with that third country or countries;

(4) The Energy Regulatory Authority shall draw up the concept of the operative part of the decision and the justification within 4 months of the date of the start of the certification and notify it to the Commission, the Ministry and the party to the proceedings. Before notifying this concept, the Energy Regulatory Authority shall allow the Commission to comment on it. At the same time as notifying the concept of the operative part of the decision and the justification, the Energy Regulatory Authority shall request the Commission to deliver an opinion on:

(a) the applicant or transmission system operator or transmission system operator fulfils the conditions of independence in accordance with § 24a (2) or § 58a to 58n;

(b) the granting of a certificate of independence shall not jeopardise the security of supply of electricity or gas to the European Union.

(5) If the Commission does not deliver an opinion within 2 months of the date of receipt of the request for its issue or within 4 months if the Commission requests an opinion from the Agency for the Cooperation of Energy Regulators (hereinafter referred to as the Agency) 20, the authorities of other Member States or the person concerned, it is not against the concept of the operative part of the decision and the justification.

(6) The Energy Regulatory Authority shall take a decision on the matter within 2 months of the date on which it received the Commission's opinion or the deadline for the Commission's opinion expired. It shall take the utmost account of the opinion of the Commission.

(7) The Energy Regulatory Authority shall grant a certificate of independence if, in a certification initiated at the request of the applicant, it proves that it fulfils the conditions of independence in accordance with § 24a (2), § 58b to 58m or § 58n (2), and it has been established that the acquisition or execution of control by a third-country person or persons over a transmission or transmission system operator will not jeopardise the security of supply of electricity or gas in the Czech Republic and the European Union.

(8) In a certification initiated by an official Energy Regulatory Authority, the certificate of independence shall be revoked if it is demonstrated that the transmission system operator or transmission system operator does not meet any of the conditions of independence in accordance with § 24a (2), § 58b to 58m or § 58n (2), or otherwise the Energy Regulatory Authority will stop certification as a result of changes in the person or persons in the third country exercising control over the transmission system operator or transmission system operator or changes in other essential circumstances. The decision of the Energy Regulatory Authority shall be subject to the binding opinion of the Ministry; the provisions of paragraph 3 shall apply mutatis mutandis.

(9) The annual part of the decision of the Energy Regulatory Authority and the opinion of the Commission will be published by the Energy Regulatory Authority in a way that allows remote access and in the Energy Regulatory Journal. Where the Energy Regulatory Authority has decided differently from the Commission's opinion, it shall also publish the reasons for the decision.

20) Regulation (EC) No 713 / 2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators. '.

22. in Paragraph 11 (1) (e), the words "the Ministry of Industry and Trade (" the Ministry ") shall be replaced by the words" the Ministry. "

23. in Article 11 (1) (l), the words "and other legislation" shall be inserted after the words "the law."

24. In Article 11, at the end of paragraph 1, the dot is replaced by a comma and the following point (m) is added:

"(m) have at their disposal the necessary human, technical and financial resources to fulfil their rights and obligations.";

25. in Paragraph 11, the following paragraphs 3 and 4 are inserted after paragraph 2:

"(3) The holder of a licence for the production of electricity, gas production, trade in electricity or trade in gas shall, for a period of 5 years, retain the performance data under contracts concluded with wholesale electricity or gas market participants, the transmission system operator, the transmission system operator or the gas storage operators for which the supply of electricity or gas or electricity derivatives or gas is intended and provide stored data upon request by those authorities.

(4) The holder of a licence for the transmission of electricity, distribution of electricity, transport of gas or distribution of gas and the holder of a licence for the activities of a market operator shall be obliged to carry out the necessary acts to make the choice or change of the supplier of electricity or gas where the customer exercises such a right. The exercise of the right to change the supplier of electricity or gas, contrary to the agreed terms of termination of the contract with the existing supplier of electricity or gas, shall not affect the customer's liability for the damage caused. ';

Paragraph 3 shall become paragraph 5.

26. The following Section 11a is inserted after Section 11:

„§ 11a

Some customer protection measures

(1) The holder of a licence for the production of electricity, gas production, trade in electricity or trade in gas is obliged to publish in a manner that allows remote access the applicable gas supply conditions and prices for the supply of gas to households and business individuals with an annual gas consumption of up to 630 MWh, the conditions for the supply of electricity and the prices for the supply of electricity to households or business individuals receiving electricity from low voltage levels. Changes in electricity or gas supply prices or changes in other conditions of supply of electricity or gas shall be made public by the licence holder no later than 30 days before their effective date.

(2) Where a contract involving the supply of electricity or gas has been concluded with an operating natural person outside the premises of the licence holder's business, Paragraph 57 of the Civil Code applies mutatis mutandis.

(3) If the licence holder increases the price for the supply of electricity or gas, or changes other terms and conditions, the customer shall be entitled to withdraw from the contract within 3 months of the date of the price increase or change of other terms and conditions, without any indication of the reason. This shall not apply if the licence holder notifies the customer of the price increase or change of other contractual terms no later than 30 days before their effective date and informs the customer of his right of withdrawal. In such a case, the customer shall be entitled to withdraw from the contract no later than 10 days before the date of the price increase or change of other terms and conditions.

(4) The withdrawal referred to in paragraph 3 shall be effective on the last day of the calendar month in which it was delivered to the relevant licence holder, unless the customer determines a later date of effective withdrawal. The exercise of the right of withdrawal shall not be linked to any financial claims against the customer. A withdrawal which has taken place within 3 months of the effect of an increase in the price or amendment of other terms and conditions and less than 10 days before the end of the month in question shall be effective on the last day of the calendar month following the month in which the withdrawal was delivered to the competent licence holder.

(5) The provisions of paragraphs 3 and 4 shall apply mutatis mutandis in order to negotiate an increase in the price of electricity or gas or a change in other contractual terms to which, under a contract concluded with a customer, the express expression of the will of the customer is not necessary or the will of the customer is linked to the futile expiry of the deadline.

(6) The holder of a licence for the production of electricity, electricity, gas or gas shall be obliged to allow customers to make a non-discriminatory choice of the method of payment for the electricity or gas supplied.

(7) Where the licence holder accounts for trade in electricity, trade in gas, production of electricity or production of gas for advance payment for the supply of electricity or gas, he shall be required to provide for advance payments in the range of consumption for the previous comparable settlement period, but not more than the extent of the reasonably foreseeable consumption of electricity or gas for the following settlement period. ';

27. After Paragraph 15, the following Section 15a is inserted:

„§ 15a

Provision of information to public authorities

(1) The licence holder or any other legal person, or any natural person in business, is required to provide the Ministry, the Energy Regulatory Authority and the State Energy Inspection at a written request within a reasonable period of time of complete, correct and true documentation and information necessary for the exercise of their powers under this Law.

(2) The licence holder shall also provide the Commission, upon written request, with the complete, correct and true supporting documents and information necessary for the exercise of its competence in the field of certification within the time limit set by the licence holder.

(3) When requesting supporting documents and information, the Ministry, the Energy Regulatory Authority or the State Energy Inspection shall state the legal reason and purpose for requesting supporting documents and information and inform the Commission of the possibility of imposing a fine in the event of failure to provide them. ';

28. in Article 16 (a) and (b):

"(a) issue state authorisations for the construction of electricity generation and for the construction of selected gas installations under the conditions specified in a specific part of this Act;

(b) elaborates the State Energy Concept and the National Renewable Energy Action Plan; ';

29. in Paragraph 16 (d) of the introductory part of the provision, the words "the European Communities (hereinafter referred to as the Commission)" shall be deleted;

30. in Article 16 (d), the following point 12 is added:

"12th energy infrastructure investment projects,"

31. the words "and new storage capacity of the gas storage tank" shall be added at the end of the text in point (e) of Section 16.

32. In Article 16, at the end of point (h), the dot is replaced by a comma and the following points (i) to (p) are added, including footnote 21:

"(i) forward the report on security of gas supply to the Commission,

(j) ensure out-of-court settlement of disputes in the energy sector;

(k) analyse the implementation of smart measuring systems in the field of electricity and gas;

(l) cooperate with the competent authorities of the other Member States in order to promote regional and bilateral solidarity in order to ensure secure and reliable supply of electricity and gas, in particular at a time of emergency or prevention;

(m) monitor:

1. compliance with the safety and reliability requirements of the electricity and gas system and review the results achieved;

2. investment in new capacities in relation to security of supply of electricity and gas;

3. the implementation of the protective measures taken in the electricity, gas and heating sector in the event of emergency, emergency and removal of its consequences, the sudden crisis in the energy market, in the event of threats to the safety of persons and equipment and the integrity of energy systems;

(n) issue a binding opinion on the 10-year investment plans of the transmission system operator and transmission system operator;

(o) transmit to the Energy Regulatory Authority and the State Energy Inspection the information and data necessary for the exercise of their responsibilities;

(p) is the competent authority for the implementation of the measures provided for in the Regulation on measures to ensure the security of supply of land flow 21).

21) Regulation (EU) No 994 / 2010 of the European Parliament and of the Council of 20 October 2010 on measures to ensure security of gas supply and repealing Council Directive 2004 / 67 / EC. ';

33. in Article 17 (3) to (12), including footnotes 2a, 2b and 22:

"(3) The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. In the exercise of its powers, the Energy Regulatory Authority shall not take or require instructions from the President of the Republic, the Parliament of the Czech Republic, the Government or any other executive or natural or legal person. The Energy Regulatory Authority shall act in such a way as to ensure the transparency and predictability of the exercise of its powers.

(4) In particular, the Energy Regulatory Authority protects the legitimate interests of customers and consumers in the energy sector. The scope of the Energy Regulatory Authority is to regulate prices, promote competition in energy sectors, exercise of market surveillance in energy sectors, promote the use of renewable and secondary energy sources, promote cogeneration and protect the interests of customers and consumers in order to meet all reasonable energy supply requirements and protect the legitimate interests of licence holders whose activities are regulated. The Energy Regulatory Authority shall exercise the responsibility of the regulatory authority and the authority concerned and shall be the competent authority under the Regulation on conditions of access to the network for cross-border trade in electricity (2a) and the Regulation on conditions of access to the gas transmission system2b) and the regulatory authority under the Regulation on measures to ensure security of supply of land.

(5) Within the limits of its competence, the Energy Regulatory Authority supports the development of the internal market in electricity and gas within the European Union and the development of regional energy markets, in cooperation with the regulatory authorities of other Member States, the coordinated allocation of cross-border capacity, the coordination of the development of rules for the operation of electricity and gas transmission systems.

(6) The Energy Regulatory Authority shall decide on:

(a) the grant, modification, extension or cancellation of a licence;

(b) imposing an obligation to supply in excess of the licence;

(c) the imposition of an obligation to provide energy equipment in urgent cases for the performance of the supply obligation in excess of the licence;

(d) price regulation under the Price Act;

(e) temporary suspension of the obligation to allow third parties access pursuant to § 61a;

(f) temporary limitation of the access obligation for new gas installations and the approval of the rules for the allocation and management of capacity of new gas installations pursuant to Section 67a;

(g) granting or withdrawing a certificate of independence;

h) recognition of the authorisation to do business in the Czech Republic pursuant to § 7a.

(7) Furthermore,

(a) disputes concerning the conclusion of a contract under this law between licence holders or between licence holders and the customer and disputes concerning the restriction, interruption or renewal of the supply or distribution of electricity, gas or thermal energy on the grounds of unauthorised collection or unauthorised distribution;

(b) disputes concerning the fulfilment of obligations under contracts between licence holders under this law in cases in which the jurisdiction of the court would otherwise be given to the decision of the dispute, provided that all parties to the proceedings agree with the power of the Energy Regulatory Authority to decide the dispute in question;

(c) disputes concerning the connection or access to the transmission system or distribution system, the transmission system, gas bunkers and the pipelines for mining, including disputes concerning access to cross-border capacity for the transmission of electricity, the transport of gas or the distribution of electricity or gas;

(d) disputes relating to the promotion of the production of electricity from renewable sources or of combined production of electricity and heat or electricity produced from secondary energy sources and disputes concerning the level of compensation for dispatching management of electricity from renewable sources pursuant to Article 26 (6);

(e) on a proposal from a customer who receives electricity or gas for domestic consumption or a customer who is a natural person in business, it shall decide:

1. disputes between the customer and the licence holder regarding the fulfilment of obligations arising from contracts the supply or distribution of electricity or gas;

2. determining whether the legal relationship between the customer and the licence holder for the supply or distribution of electricity or gas has been established, maintained or ceased;

3. the granting of compensation for non-compliance with specified quality standards for supplies and services in electricity or gas;

(f) supervise the energy sector to the extent provided for in Article 18 and supervise compliance with the obligations laid down by the Consumer Protection Act in the field of electroenegetics and gas industry;

(g) approve or establish the rules on the operation of the transmission system and the rules on the operation of distribution systems in electricity, the trading conditions of the market operator, the order of the transmission system operator, the order of the gas storage unit operator and the order of the gas distribution system operator;

(h) carry out investigations concerning the functioning of electricity or gas markets and, where deficiencies are identified, imposes measures to ensure the proper functioning of those markets;

(i) approve the transmission system development plan and the transmission system development plan; the approval of a transmission system development plan or a transmission system development plan is subject to the issuing of a binding opinion by the Ministry;

j) monitors

1. the application of restrictive or disproportionate conditions in contracts on the electricity, gas and heat markets, limiting or excluding customer rights,

2. technical cooperation between transmission system operators in the European Union and in relation to third countries;

3. the state of competition in the wholesale and retail electricity and gas markets;

(k) monitor and verify the conditions for access to gas storage facilities and related services;

(l) publishes recommendations on the pricing of electricity and gas for households;

(m) publish an annual report on the results of the monitoring activity in the energy sector and an annual and monthly report on the operation of the electricity and gas systems in a way that allows remote access;

(n) publish lists of heat energy prices, including their comparison, broken down by location and technical parameters of heat energy production and distribution;

(o) cooperate with the regulatory authorities of other Member States and the Agency, consult them on the forthcoming decisions on cross-border and regional cooperation and provide them with the information and other necessary synergies to carry out their tasks;

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Regulation Information

Citation	Act No. 211 / 2011 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 other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	19.07.2011
Effective from	18.08.2011
Effective until	-
Status	Valid

Legal Areas: Taxes Finance Commercial law Businessman, Company Industrial rights Self-administration Governance of the national economic sectors Administrative offences Administrative authorities Administrative law State (official) control Government

The regulation text is for informational purposes only.