Decree No. 215 / 2015 Coll.
Decree amending Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and on how to ensure the safety standard of gas supply
Valid
Order
Effective from 10.09.2015
215
DECLARATION
of 26 August 2015
amending Decree No 344 / 2012 Coll., on the emergency situation in the gas industry and on how to ensure the safety standard of gas supply
The Ministry of Industry and Trade provides pursuant to § 98a paragraph 1 (e) of 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. 158 / 2009 Coll., Act No. 211 / 2011 Coll. and Act No. 165 / 2012 Coll.:
Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and on the way to ensure the safety standard of gas supply, is amended as follows:
1. in Article 2 (1) (f), the words "public transport vehicle propulsion" shall be replaced by the words "the operation of filling stations intended for the propulsion of vehicles" and the words "the following shall be added at the end of the text of the letter"; for the purposes of calculating the safety standard of gas supply, this group shall be divided into:
1. subgroup D1 with the predominant heating consumption to which the customer sampling points belong, where the sum of the consumption values for the last quarter of the previous year and the first quarter of that year is 70% or more of the total consumption for the period from 1 April of the previous year to 31 March of that year; if actual consumption is not available, the planned monthly consumption as specified in the distribution contract shall be replaced;
2. subgroup D2 with predominant technological sampling to which the customer sampling points belong, where the sum of the consumption values for the last quarter of the previous year and the first quarter of that year is less than 70% of the total consumption for the period from 1 April of the previous year to 31 March of that year; where actual consumption is not available, the planned monthly consumption referred to in the distribution contract ';
2. In Article 2, paragraphs 6 to 8 are added:
"(6) The groups referred to in paragraph 1 shall not include, in order to ensure the operation of the gas system of the Czech Republic, the collection points with the technological consumption of gas necessary to ensure the safe operation of the gas plant in question.
(a) the transmission system operator,
(b) distribution system operators;
(c) gas storage operators;
(d) gas producers.
(7) The agreed gas transport or gas distribution and the agreed gas delivery to the sampling points referred to in paragraph 6 shall be interrupted only after the gas supply to all customer groups A, B1, B2, C1, C2, D, E and F has been interrupted at the emergency stage.
(8) This decree shall not apply to distribution systems which distribute different types of gas than natural gas and to gas production plants which are linked to those distribution systems. ';
3. Article 3, including the title and footnotes No 10 and 11, reads as follows:
Preventing an emergency
(1) In preventing an emergency at an early warning phase (5) notified by the transmission system operator for the whole territory of the State
(a) the transmission system operator uses transmission system accumulation; distribution system operators use distribution system accumulation;
(b) gas storage operators shall verify the readiness of gas storage tanks for extraction to the maximum value of the extractive power, the gas manufacturer shall verify the readiness to maximise the operation of the gas production plant and the pipelines; gas storage operators and gas manufacturers shall report the result of the verification without undue delay to the transmission system operator,
(c) gas traders verify the possibilities of increasing gas imports and report on the result of the verification without undue delay to the transmission system operator;
(d) the market operator shall, on the basis of the transmission system operator's instructions, notify all settlement entities and registered gas market participants, without delay, electronically that the following gas day will commence the trade offsetting of derogations in the event of an emergency.
(2) In the event of an emergency in the warning phase 5) notified by the transmission system operator for the entire territory of the State
(a) the agreed gas transport or gas distribution and the agreed gas delivery to all customers in Group A, to the extent that they can switch to replacement fuel through sample step 1, is restricted;
(b) if the measure referred to in point (a) is not sufficient, the agreed gas transport or distribution of gas and the agreed gas delivery to all customers of the B1, B2, C2 and E customers for whom responsibility for the derogation is assumed by settlement entities (10) with a negative preliminary overall deviation (4) for the preceding gas day shall be interrupted at the request of the transmission system operator.
(3) The agreed gas transport or gas distribution and the agreed gas supply to all customers of the B1, B2, C2 and E categories will be interrupted gradually from the settlement entities with the highest pre-total deviation ratio of the clearing entity to the total pre-consumption of the customer demand points for which the clearing entity assumes responsibility for the derogation, to the clearing entity where the cumulative value of the consumption of customers of the B1, B2, C2 and E groups for the previous gas day interrupted by this procedure reaches the value determined by the transmission system operator.
(4) The identification of the demand points concerned shall be notified by the market operator without delay after evaluation of the derogations to the transmission system operator or distribution system operators to which the demand points are connected, as well as to the relevant gas trader.
(5) In the event of an emergency in the early warning or warning phase, the emergency plan of the gas system of the Czech Republic and the emergency plans of the transmission system operator, distribution system operators, gas storage operators or gas manufacturers shall be followed.
(6) The transmission system operator or distribution system operator shall, without undue delay, inform the connected distribution system operator, gas storage system operator, gas producer, market operator and gas traders supplying gas to customers in the area concerned without undue delay. No later than one hour after the start of emergency prevention activities at the early warning stage, the transmission system operator or the relevant distribution system operator shall notify the early warning phase of the means of electronic communication to the Ministry, the Energy Regulatory Authority and the Ministry of Interior. The same information is also communicated by the transmission system operator to all regional authorities and the City of Prague and the distribution system operator to the local regional authority or the City of Prague by means of electronic communication. It is also progressing at the end of emergency prevention.
(7) The transmission system operator or distribution system operator shall notify the emergency situation at the warning stage in the same way as in paragraph 6, and shall notify it by means of a national radio programme (11) under the Czech Radio Act. It is also progressing at the end of emergency prevention. The transmission system operator shall inform the procedure referred to in points (b), (3) and (4) of paragraph 2 in the same way as it shall inform the emergency prevention at the warning stage.
10) 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.
11) Radio programme Czech Radio Radio Radio. "
4. In Paragraph 4, the following paragraph 2 is inserted after paragraph 1:
"(2) Where, in order to prevent emergency situations, there has been a restriction or interruption of the agreed gas transport or gas distribution and an agreed supply of gas to the points of demand of certain customer groups in accordance with Article 3 (2), such restrictions or interruptions shall remain in force even after an emergency has been declared. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
5. In Article 5 (d), "all groups' is replaced by" groups' and the words "A, B1, B2, C1, C2, D, E and F 'are added at the end of the text of point (d).
6. In Article 8, at the end of paragraph 2, the dot is replaced by a comma and the following point (c) is added:
"(c) the allocation of customers to subgroups D1 and D2 for the purpose of calculating the gas supply safety standard shall be carried out by the relevant operator in accordance with the conditions set out in points (1) and (2) of Article 2 (1) and shall notify the market operator by 31 July of the year concerned.";
7. Article 11, including the title, reads:
Method of ensuring the safety standard
(1) The scope of the safety standard for protected customers for cases under directly applicable legislation (8) is determined in accordance with Annex 3 to this Decree.
(2) The market operator shall update and publish, on 1 May of the year in a manner that allows remote access, the input data for the calculation of the safety standard. The model input data for the calculation of the minimum size of the safety standard published by the market operator is set out in Annex 4 to this Decree.
(3) During the period from 1 October to 31 March, the safety standard referred to in points (a) and (b) of paragraph 1 of Annex 3 shall be provided for at least 30% by storage of gas in gas storage tanks on the territory of the European Union.
(4) The gas trader supplying gas to protected customers shall provide written evidence of the way in which the safety standard of gas supply is ensured for the forthcoming period to the Energy Regulatory Authority by 31 August of that year. Data on the scope of the safety standard established in accordance with paragraph 1 and the manner in which it is secured shall be submitted by the gas dealer using the form set out in Annex 5 to this Regulation by the 15th day of the following month at the latest to the market operator and the Energy Regulatory Authority. The provision of a safety standard shall demonstrate:
(a) in the case of gas stored in gas storage tanks within the territory of the Czech Republic, by written evidence of the stored quantity of gas from the gas storage operator;
(b) in the case of gas stored in gas storage outside the territory of the Czech Republic, by a written document on the quantity of gas stored by the gas storage operator and, at the same time, by a written document proving the provision of solid transport capacity to the Czech Republic;
(c) in the case of diversified gas sources, by means of documentary evidence of the supply of the relevant gas volume from the supplier and at the same time by means of documentary evidence demonstrating the provision of solid transport capacity to the Czech Republic;
(d) in the case of the production of gas which is demonstrably extractable, by contract or a certified copy thereof or by written document from the relevant holder of the gas licence; gas production is an equivalent alternative to ensuring the safety standard of supply in accordance with Section 11 (3);
(e) a written proof by the protected customer concerned that it has the possibility of using alternative fuels and a copy of the gas supply contract under which the gas supply can be interrupted;
(f) by a written document providing a safety standard by another gas market participant, a specimen of which is given in Annex 6 to this Decree.
(5) A gas market participant taking over the security standard referred to in paragraph 4 (f) must include within the scope of its gas security standard the scope of the gas trader's safety standard for which it issued a safety standard confirmation.
(6) The safety standard referred to in Annex 3 (1) (c) must be ensured in a different way than the gas infrastructure (9) which has been designated by the transmission system operator by the only largest gas infrastructure for the purpose of establishing the infrastructure standard under the directly applicable European Union1 Regulation). Information on the designation of the single largest gas infrastructure shall be published by the transmission system operator on its website by 15 February of the year at the latest.
(7) Where a gas trader is maintained with a distribution system operator as a customer with a demand point and does not have access to the input data necessary for the calculation of the safety standard, such a demand point shall:
(a) it does not fall within the category of protected customers, the security standard of gas supply is not ensured for cases under the directly applicable European Union Regulation (8);
(b) falls within the category of protected customers, ensures and demonstrates the security standard of gas supply by another gas market participant with the possibility of accessing the input data of this sampling point necessary for the calculation of the safety standard for cases under the directly applicable European Union8).
The information referred to in point (a) or (b) shall be notified in writing to the Energy Regulatory Authority by 31 August of the year at the latest. ';
8. The following sentence is added at the end of the text of Annex No 1: "The emergency plan of the gas system of the Czech Republic also contains provisions on the composition of the Central Crisis Staff of the gas system of the Czech Republic, including its Statute and Rules of Procedure."
9. Annexes 3 and 4 shall read as follows:
"Annex No 3 to Decree No 344 / 2012 Coll.
Determination of the gas supply safety standard
(1) The scope of the safety standard is determined as follows:
(a) In the case of exceptional temperature values during the seven-day peak demand period, the market operator shall determine from the data published by the Czech Hydrometeorological Institute the seven coldest consecutive days in the Czech Republic over the last 20 years and choose from these days the day with the lowest temperature reached. A market operator shall determine that day, specifying the year for which the trader determines the scope of his gas supply safety standard as G-day. It shall also determine H-day, which shall be the same day as the previous calendar year.
The gas trader shall determine the scope of its Rmax.day safety standard for the period G (i.e. the expected maximum daily capacity at the lowest temperature reached over the last 20 years) as the sum of the safety standard C1, D1, FRC for the customer sampling points C1, D1 and F for the type C and safety standard C1, D1, FRA, B for the customer sampling points C1, D1 and F for the type A and B and D2RA, B, C for the customer sampling points D2,
Rmax.den = C1, D1, FRC + C1, D1, FRA, B + D2RA, B, C.
Safety standard C1, D1, FRC is calculated by relation
RCC1, D1, F = M × iSiC1, D1, FC × Kimax.den,
where
C1, D1, FSiC is the sum of the current planned annual consumption of customer-protected demand points of the C1, D1 and F groups with type C measurement in the ith class of the delivery type diagram (TDD),
Kimax.day is the coefficient of ith class TDD for day G, calculated at the lowest temperature reached in the same day and month in the last 20 years,
M is the coefficient correcting the scope of the security standard for the month in question and its amount for each month in the year is given in the following table:
| říjen | listopad | prosinec | leden | únor | březen | duben | květen | červen | červenec | srpen | září |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 0,4 | 0,7 | 0,9 | 1,0 | 0,9 | 0,7 | 0 | 0 | 0 | 0 | 0 | 0 |
Similarly, safety standard C1, D1, FRA, B is calculated by the relationship
C1, D1, FRA, B = M × C1, D1, FSA, B × Lmax.den,
where
C1, D1, FSA, B is the sum of the actual consumption of the customer-protected sampling points of the C1, D1 and F groups with measurements of type A and B at day H,
Lmax.den = TDDGS03TDDHS 03
TDDGSO3 is the coefficient according to the applicable TDD methodology for class SO3 for day G, converted to the lowest temperature achieved in the same day and month over the last 20 years,
TDDHSO3 is a coefficient according to the applicable TDD methodology for class SO3 for day H, converted to actual temperature on that date.
Security standard D2RA, B, C is calculated by relationship
D2RA, B, C = M × D2SA, B, C,
where
D2SA, B, C is the maximum daily consumption of D2 customers' demand points from 1.10 to 31.3 of the previous period.
(b) In the event of exceptionally high gas demand of at least 30 days, the operator of the market shall determine from the data published by the Czech Hydrometeorological Institute 30 of the coldest consecutive days in the Czech Republic over the last 20 years. The market operator shall determine these 30 days, specifying the year for which the trader determines the scope of his safety standard as period I. Furthermore, it shall determine the period J which is the same period of the preceding calendar year.
The gas trader shall determine the scope of its R30 day gas supply safety standard as the sum of the security standard C1, D1, FRC for the customer demand points C1, D1 and F with the type C measurement and the safety standard C1, D1, FRA, B for the customer demand points C1, D1 and F with the type A and B measurement and D2RA, B, C for the customer demand points D2,
R30 days = C1, D1, FRC + C1, D1, FRA, B + D2RA, B, C
Safety standard C1, D1, FRC is calculated by relation
RCC1, D1, F = M × iSiCC1, D1, F × Ki30 days,
where
C1, D1, FSiC is the sum of the current planned annual consumption of customers protected by C1, D1 and F with a type C measurement in the TDD class,
Ki30 days is the sum of the coefficients of the ith class TDD in the period I, converted into temperatures achieved during the 30 coldest consecutive days throughout the Czech Republic over the last 20 years.
Similarly, safety standard C1, D1, FRA, B is calculated by the relationship
C1, D1, FRA, B = M × C1, D1, FSA, B × L30 days,
where
C1, D1, FSA, B is the sum of the actual consumption of the demand points of protected customers of categories C1, D1 and F with type A and B measurements during the period J,
L30 days 03
VYTDDISO3 is the sum of the TDD coefficients for SO3 class during period I, converted to temperatures achieved during 30 cold consecutive days in the Czech Republic over the last 20 years,
VIDDJSO3 is the sum of the coefficients of TDD for class SO3 for the period J, converted into actual temperatures reached in each day of that period.
Security standard D2RA, B, C is calculated by relationship
D2RA, B, C = M × D2SA, B, C,
where
D2SA, B, C is the maximum monthly consumption of the D2 customer-protected sampling points from October to March of the preceding period.
c) In the event of disruption of the only largest gas infrastructure for at least 30 days, the operator of the market shall determine 30 of the coldest consecutive days of current normal temperatures throughout the Czech Republic. The market operator shall determine these 30 days with the indication of the year for which the trader determines the scope of his safety standard as the T-period. It shall also determine the period of U which is the same period of the preceding calendar year.
The gas trader shall determine the scope of its RN-1 gas security standard as the sum of the safety standard C1, D1, FRC for the customer-protected sampling points C1, D1 and F with the type-C measurement and the safety standard C1, D1, FRA, B for the customer-protected sampling points C1, D1 and F with the type-A and B sampling points D2RA, B, C for the customer-protected customer points D2, i.e.
RN-1 = C1, D1, FRC + C1, D1, FRA, B + D2RA, B, C
Safety standard C1, D1, FRC is calculated by relation
RCC1, D1, F = M × iSiCC1, D1, F × KiN-1,
where
C1, D1, FSiC is the sum of the current planned annual consumption of customers protected by C1, D1 and F with a type C measurement in the TDD class,
KiN-1 is the sum of the coefficients of the ith class TDD over the period T, converted into current normal temperatures over that period.
Similarly, safety standard C1, D1, FRA, B is calculated by the relationship
C1, D1, FRA, B = M × C1, D1, FSA, B × LN-1,
where
C1, D1, FSA, B is the sum of the actual consumption of demand points of protected customers of the C1, D1 and F groups with measurement types A and B over the period U,
LN-1 = TDDTS03 TDDUS 03
VYTDDTSO3 is the sum of the TDD coefficients for SO3 over the period T, converted into current normal temperatures over that period,
The sum of the TDD coefficients for class SO3 over the period U, converted into actual temperatures reached in each day of that period.
Security standard D2RA, B, C is calculated by relationship
D2RA, B, C = M × D2SA, B, C,
where
D2SA, B, C is the maximum monthly consumption of the D2 customer-protected sampling points from October to March of the preceding period.
(2) The coefficients Kmax.den, Lmax.den, K30 days, L30 days, KN-1, LN-1 are given in four decimal places, constant M to one decimal place. The market operator shall determine these coefficients per G and H days and period I, J, T and U and publish them in accordance with Annex 4 to this Decree.
(3) Data on the actual consumption of customer demand points of protected customers with type A and B measurements and on the planned annual consumption of customer demand points of type C measuring class TDD are available in the market operator system.
(4) The scope of the safety standard is to be determined only for those sampling points of protected customers with type A and B measurements which have been connected before H and before the first day of the period J and U.
(5) In the event of a change in the measurement type from C to A or B at the point of collection of the protected customer, the gas trader shall determine the daily share of consumption by calculating the last known planned annual consumption and the TDD class within each day of the period J or U or on day H according to the applicable TDD methodology.
(6) The value of the safety standard is given in MWh, rounded to one decimal place.
Příloha č. 4
Annex No 4 to Decree No 344 / 2012 Coll.
Model of input data for the calculation of the safety standard published by the market operator
"
10. The following Annexes 5 and 6 are inserted after Annex 4:
Příloha č. 5
Annex No 5 to Decree No 344 / 2012 Coll.
Safety standard for delivery (BSD)
Příloha č. 6
Annex No 6 to Decree No 344 / 2012 Coll.
Document to ensure the BSD by another gas market participant pursuant to § 11 (4) (f)
"
Transitional provisions
1. The transmission system operator shall publish for the first time information on the designation of the single largest gas infrastructure pursuant to Article 11 (6) of Decree No 344 / 2012 Coll., as effective after the date of entry into force of that decree, on its website by 15 September 2015.
2. The distribution of customers to sub-groups D1 and D2 pursuant to § 8 (2) (c) of Decree No 344 / 2012 Coll., as effective after the date of entry into force of this Order, shall be communicated for the first time by the relevant operator to the market operator by 15 September 2015 for the period from 1 October 2015 to 30 September 2016.
3. The gas dealer supplying gas to protected customers shall, for the first time, provide written documents pursuant to Article 11 (4) of Decree No 344 / 2012 Coll., as effective after the date of entry into force of this Decree, to the Energy Regulatory Authority by 30 September 2015.
4. For the first time, the gas trader shall notify in writing the facts pursuant to Article 11 (7) (a) or (b) of Decree No 344 / 2012 Coll., as effective after the date of entry into force of this Decree, to the Energy Regulatory Authority by 30 September 2015.
Efficacy
This Decree shall take effect on 10 September 2015, with the exception of the provisions of:
(a) point 1 of Article I, which shall take effect on 1 October 2015;
(b) Article I (7) as regards Article 11 (3), which shall take effect on 1 October 2016.
Minister:
Ing. Mládek, CSc., v. r.
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Regulation Information
| Citation | Decree No 215 / 2015 Coll., amending Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and on how to ensure the safety standard of gas supply |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.09.2015 |
|---|---|
| Effective from | 10.09.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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