Decree No. 223 / 2022 Coll.
Decree amending Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended
Valid
Order
Effective from 01.08.2022
223
DECLARATION
of 26 July 2022
amending Decree No 349 / 2015 Coll., on Gas Market Rules, as amended
Pursuant to Section 98a (2) (i) 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., Act No. 90 / 2014 Coll., Act No. 131 / 2015 Coll., Act No. 362 / 2021 Coll. and Act No. 176 / 2022 Coll.:
Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended by Decree No. 416 / 2016 Coll., Decree No. 326 / 2018 Coll. and Decree No. 277 / 2021 Coll., is amended as follows:
1. In Paragraph 1, the dot is replaced by a comma at the end of paragraph 1 and the following points (o) and (p) are added:
"(o) auction rules for the reservation of unused storage capacity,
(p) the scope, manner and timing of the transmission of information on the size and duration of storage capacities reserved by individual gas market participants between the gas container operator and the transmission system operator. ';
2. In Article 2 (1), at the end of the text in point (d), the words "or between a production gas and another production gas' shall be added.
3. in Article 2 (1), point (y) is deleted;
Point (z) shall be renumbered as point (y).
4. in Article 2 (2), points (j) and (k) are deleted;
Points (l) to (w) shall be renumbered as points (j) to (u).
5. in Article 2 (3) (a), the words "under a concluded storage contract" shall be deleted;
6. In Article 3 (3), the words "point of the gas production plant 'are deleted and the sentence" Point of the gas production plant is assigned only to the distribution network or transmission system or to another gas production plant according to the connection point at the end of the paragraph.';
7. In Paragraph 50, at the end of paragraph 5, the dot is replaced by a comma and the following point (d) is added:
"(d) unused storage capacity."
8. In Paragraph 50 (7), the words "the storage capacity was reserved 'are replaced by the words" the clearing entity or a foreign participant had the right to use the storage capacity'.
9. In Paragraph 50, at the end of paragraph 9, the words "or between the settlement entity's stock accounts and the bank's stock accounts, a foreign bank or a State tangible reserve management 'are added.
10. In Paragraph 51, the following paragraph 5 is added:
"(5) Where additional storage capacity is offered, its size shall not exceed three times the storage capacity offered at the auction. ';
11. in Article 53 (3), "5" is replaced by "10."
12. in Article 54 (5), the words "and 5" shall be inserted after the words "3."
13.
Procedure for the reservation of unused storage capacity
(1) The gas storage tank operator reserves unused storage capacity on the basis of an electronic auction.
(2) The gas storage tank operator shall publish the terms of the auction and inform the market operator of the publication of the auction in a manner that allows remote access not later than 48 hours before the start of the electronic auction; Paragraph 54 (2) shall also apply mutatis mutandis.
(3) In order to hold an auction, Articles 51 (5), 52, 53 (2) to (4) and (6) and 54 (6) shall apply mutatis mutandis.
(4) The terms of the auction are set out in Annex 3 to this decree. The terms of the auction, which shall be repeated, shall be used when the auction is repeated except for the size of the unused storage capacity offered, the initial price and the financial collateral not required by the gas container operator. ';
14. In Article 60 (2), the words "on a pro rata basis" shall be inserted after the words "on a pro rata basis."
15. In Paragraph 75 (1), at the end of the first sentence, the words "and a virtual collection point representing losses or unallocated procurement of the distribution system operator 'shall be added and the words" at the sampling points' shall be replaced by the words "according to the first sentence '.
16. In Paragraph 96, the following paragraph 8 is added:
"(8) The transmission system operator shall immediately, upon receipt of the information referred to in Article 60c (4) of the Energy Act, inform the clearing entity or foreign participant of the size of the reserved fixed capacity for the point of the virtual gas storage unit for which it has ceased to be entitled to use it under Article 60c (2) of the Energy Act. ';
17. After Paragraph 96, the following Section 96a is inserted:
Transmission and publication of data by the gas container operator
(1) By 12: 00: 00 at the latest on the fifth calendar day of the gas month, the gas storage unit operator shall transmit to the transmission system operator data on the size of the fixed annual and fixed monthly storage capacity reserved for the current and subsequent storage year, broken down by gas month, indicating the reservation status on the first gas day of each month and by individual clearing entities or foreign participants, indicating their designation.
(2) No later than 12: 00: 00 on the fifth calendar day following the day on which the right to unused storage capacity has expired to the clearing entity or to a foreign participant, the gas storage facility operator shall notify:
(a) data to the transmission system operator on the size of the unused storage capacity broken down by individual clearing entities and foreign participants, indicating their designation;
(b) the settlement entity or a foreign participant, the size of the unused storage capacity to which the clearing entity or foreign participant has no right.
(3) No later than 12: 00: 00 on the following gas day after the reservation of unused storage capacity pursuant to Article 60d of the Energy Act, the gas storage tank operator shall transmit to the transmission system operator data on the size of the reserved unused storage capacity per participant in the gas market indicating their designation.
(4) The data on the unused storage capacity referred to in paragraph 2 shall be reported by the gas storage unit operator, broken down in accordance with Section 50 (4) and the duration of the storage capacity referred to in Section 50 (5), for which the right to use it has expired under Section 60c of the Energy Act. '
18. in Paragraph 116 (5), the words "two calendar days until 8: 00: 00" are replaced by the words "17: 00: 00."
19. in Article 117 (1) and (2), the words "on the third day" shall be replaced by the words "on the next gas day."
20. In Paragraph 117 (3), "60 'is replaced by" 30' and "third 'is replaced by" following gas'.
21. in Sections 117 (4) and 118 (1), the words "two calendar days until 12: 00" are replaced by the words "18: 00: 00."
22. In Article 118 (2), the first sentence is replaced by the following: "In the case of a request for a rapid change in the gas supplier pursuant to Article 116 (5), the market operator shall check the results of the assessment of the request for a rapid change in the gas supplier and the gas trader under the last instance supplier regime, to which the supply of the demand facility is to be provided by the final entity, by the supplier of the demand facility, by the market operator and by all the parties concerned."
23. in Paragraph 118 (5):
"(5) A gas supplier who has lost the power or the ability to supply gas or does not have a transmission or distribution system service provided in the case of a gas supply contract shall suspend the market operator from the possibility of nominating, transferring and assuming responsibility for the derogation for the customer sampling points concerned by that fact and to participate in the gas market within the day. The market operator shall immediately provide this information, including the EIC list of the sampling points codes to which the event relates, to all registered gas market participants and publish it in a way that allows remote access. For customer demand points whose gas supplier has lost the power or the ability to supply gas or does not have a transmission or distribution system service provided for in the case of gas supply under a contract for combined gas supply services, the procedure and deadlines referred to in Article 116 (5) and the procedure and dates referred to in Article 117 and this paragraph shall apply mutatis mutandis. ';
24. Annex 3, including the title, reads:
"Annex No. 3 to Decree No. 349 / 2015 Coll.
Conditions of auction for storage capacity
1. The terms of the auction shall be proportionate, non-discriminatory and transparent.
2. The terms of the auction include:
(a) the initial price or the method of determining the initial price;
(b) the start date of the auction;
(c) the required means of secure electronic communication, including alternative means of communication in case of failure of electronic communication on the part of the applicant;
(d) the method of determining the size of the financial collateral and the process and date of composition of the financial collateral for active participation in the auction;
(e) the size of the storage capacity offered or the method of determining the size of the storage capacity offered;
(f) the model of the gas storage contract;
(g) the algorithm of the auction type used, the method of determining the price change during the auction, the method of allocating storage capacity and the method of determining the resulting price per storage capacity unit;
(h) the minimum and maximum duration of the reservation of storage capacity;
(i) the duration of the auction, the auction round or the method of determining the duration of the auction and the auction round;
(j) the method of fixing the fine for the cancellation of the reservation of storage capacity to an active applicant who has been confirmed to have the storage capacity booked, but no storage contract has been concluded, including the date and method for its reimbursement;
(k) the size of the additional storage capacity that may be activated and the conditions under which additional storage capacity may be activated if additional storage capacity is offered;
(l) the conditions under which the gas storage tank operator shall terminate the storage capacity auction.
3. The auction conditions for unused storage capacity also include:
(a) the date of effectiveness from which the storage capacity is reserved;
(b) the amount of the initial negative price in the case of an auction at a negative price for gas storage as determined by the Ministry of Industry and Trade decision;
(c) a maximum period of 90% of the newly booked unused storage capacity under the Gas Emergency Regulation and the way in which the gas supply safety standard is ensured. ';
25.
"Annex No 4 to Decree No 349 / 2015 Coll.
Rules for assessing the feasibility of re-nomination of gas transport, distribution and storage
The transmission system operator, distribution system operator or gas storage device operator shall refuse re-nomination at the entry or exit point of the gas system if:
(a) nominations at the entry or exit point of the gas system are not mutually agreed; or
(b) one of the following conditions is met at the entry or exit point of the transmission system:
1. in the case of a given daily nomination or re-nomination
(i) the nomination or re-nomination exceeds the remaining daily capacity of the clearing entity or foreign participant at a given transmission system entry or exit point
NRJD > dost ro0 ≤ h < TNPJh + ¡T ≤ h < HdKSJh
(ii) the nomination or re-nomination is lower than the nomination or re-nomination accepted and registered until now
NRJD < ZV0 ≤ h < TNPJh
2. in case of administration of an hourly nomination or re-nomination
(i) in the remaining gas day, the value of the nomination or re-nomination at a given transmission system entry or exit point in an hour [h] exceeds the hourly capacity of the clearing entity or a foreign participant at a given transmission system entry or exit point in an hour [h]
NRJ [h] > KSJ [h], T ≤ h < Hd
(ii) the nomination or re-nomination is different from the nomination or re-nomination accepted and registered at an hour [h]
NRJ [h] ∞ NPJ [h], 0 ≤ h < T
where
J is the input or output point of the gas system;
T is the order of the gas day from which the nomination or re-nomination is effective; may take values in interval T = 0 for the first interval < 6: 00, 7: 00) gas day up to T = Hd-1 for the last interval < 5: 00, 6: 00) gas day,
Hd is the number of hours of the gas day, i.e. by default 24 hours, or possibly 23 or 25 hours when changing time to summer or winter time,
h is the chronological order of the gas day; may take values in the interval h = 0 for the first interval < 6: 00, 7: 00) gas day up to h = Hd-1 for the last interval < 5: 00, 6: 00) gas day,
NRJD is the nomination or re-nomination of a given clearing entity or a foreign participant at the entry or exit point of the gas system on a given gas day [D],
NRJ [h] is the nomination or re-nomination of the entity or foreign participant at the entry or exit point of the gas system per hour [h] of the gas day,
KSJ [h] is the sum of all hourly reserved fixed or interruptible capacities of the clearing entity or of a foreign participant agreed in the contract (s) at the entry or exit point of the gas system [J] per hour [h] of the gas day;
the hourly capacity values shall be determined as the daily or intraday reserved capacity divided by the number of hours for which the capacity has been reserved, rounded downwards; the difference in rounding shall be added to the last hour of the gas day;
NPJ [h] is the aggregate value of nominations or renominations to a given gas system input or output point [J] per hour [h] of the gas day received and registered at T-2 time (i.e. 2 hours before the nomination takes effect). ';
26. In Annex No 19, Part Part II, in the heading after the words "gas for input and output ', the words" for input and output' are deleted.
27. in Annex No 19, Part A, Part IV, the following point (o) is inserted after point (n):
"(o) the price for exceeding the permitted hourly deviation,"
Points (o) and (p) shall be renumbered as points (p) and (q).
28. In Annex No 19, Part B, Part VI, at the end of point 1, the dot is replaced by a comma and the following point (b) is added:
"(b) payment for exceeding daily reserved distribution capacity in CZK / month."
This Decree shall take effect on 1 August 2022, with the exception of Article I (25), which shall take effect on 1 January 2023.
Council President:
Zavíček, Ph.D., v. r. o.
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Regulation Information
| Citation | Decree No. 223 / 2022 Coll., amending Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.07.2022 |
|---|---|
| Effective from | 01.08.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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