Act No. 223 / 2025 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 01.08.2025
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223
THE LAW
of 25 June 2025
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. 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 / 02 Coll., Act No. 20 / 2002 Coll., Act No. 26 / 2002 Coll., Act No. 75 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 20 / 2004 Coll.
1. in Paragraph 2 (1) (i), the word 'is' is' deleted and the word 'capable' is replaced by 'acquired';
2. in Paragraph 2 (2) (a) (18), the part of the sentence after the semicolon, including the semicolon, shall be deleted;
3. in Article 2 (2) (a) (22), the words "electricity storage facilities" shall be inserted after the words "electricity storage facilities."
4. In Article 3 (2), the words "energy with a total installed electrical power of 1 MW 'are replaced by the words" energy with a total installed electrical power of 100 kW' and the words "renewable water energy 'are replaced by the words" water energy'.
5. In Article 3, at the end of paragraph 2, the dot is replaced by a semicolon and the words "this does not apply to energy-security structures under Section 1 (5) (d) of the Act on speeding up the construction of strategically important infrastructure, in so far as the construction of power generating plants with a total installed power output of 100 MW or more with the possibility of providing support services to ensure the operation of the electricity system."
6. In Paragraph 3d (2), the word "influence 'shall be inserted after the word" acquisition'.
7. In Article 4 (3), "shorter 'is replaced by" shorter';
8. In Article 4, the following paragraph 4 is added:
"(4) A licence for the production of electricity may not be granted in respect of a production plant in which an installation using the same type of fuel is located and for which the Energy Regulatory Authority has revoked the licence pursuant to Article 10 (3) (g); This shall not apply in cases of urgent need and public interest. ';
9. In Article 10 (3), the word "or 'shall be deleted at the end of point (e).
10. In Article 10, at the end of paragraph 3, the dot is replaced by "or 'and the following point (g) is added:
"(g) the licence holder, in contravention of the notification of the termination of electricity production pursuant to Article 34 (1), shall continue to produce electricity without being obliged to exceed the licence referred to in Article 12 (4), or after the imposition of an obligation beyond the licence referred to in Article 12 (4), if it is a power generation licence in respect of which the electricity producer has notified the cessation of electricity production pursuant to Article 34 (1) or where an obligation beyond the licence referred to in Article 12 (4)."
11. in Article 10d (2), the words "directly applicable European Union regulation governing the internal market in gas" shall be replaced by the words "Regulation on the internal market in gas 69."
12. in Article 10d (5), the words "and the reasons for the decision" shall be replaced by the words "decisions and reasons."
13. in Article 10d (5) and (6), the words "directly applicable European Union provisions governing the internal market" shall be replaced by the words "Regulation on the internal market."
14. in Article 10d (7), the word 'Union' shall be replaced by 'European Union' and the words' European Union 'shall be inserted after the word' State ';
15. in Paragraph 10d (8), the text "paragraph 4" is replaced by "paragraph 3";
16. in Article 11 (1), at the end of the text in point (c), the words "at the request of the relevant professional association" shall be added.
17. in Article 11 (15), the words "fine (periodic penalty payments)" shall be replaced by the words "periodic penalty payments";
18. in Paragraph 11a (8) (c), the words "or by other means of determining the price directly dependent on changes in the price of electricity or gas in organised markets in electricity or gas" shall be inserted after the words "by fixing the price."
19. in Paragraph 11a, the following paragraph 11 is added:
"(11) The consumer and the undertaking natural person referred to in paragraph 1 shall have the right to terminate, without prejudice to any obligation under a contract with a fixed price, if the value of the current published index of the collateral of the trader in electricity or gas is less than 70% or the index of the collateral of the trader is not published in accordance with § 30 (2) (s) or § 61 (2) (q). The notice period shall end on the last day of the calendar month following receipt of the notice of termination of the contract to the electricity or gas trader, unless the consumer or the undertaking natural person referred to in paragraph 1 provides for a longer period of notice. ';
20. in Article 11cc (2) and (6), the word "negotiated" shall be replaced by "negotiated."
21.
Obligations beyond the scope of the licence
(1) The obligation to supply heat energy, to distribute electricity, to distribute gas or to produce electricity beyond the scope of the licence is to take over the obligations of the licence holder who has ceased to carry out the licensed activity or who is immediately threatening to cease to carry out the licensed activity, by another licence holder, or, in the case of electricity production, to continue to carry out the licensed activity by the existing licence holder, who has notified the intention to terminate the production of electricity pursuant to Article 34 (1) or to cease the production of electricity contrary to Article 34 (1). Where the licence holder ceases to enjoy the right to use the energy installation concerned, the obligation to supply heat energy, the obligation to distribute electricity, the distribution of gas or the production of electricity beyond the licence shall also mean the continuation of the licensed activity by that licence holder. In this case, the owner of the energy installation concerned shall be obliged to provide and perform the licensed activity. Where heat or electricity is produced in a cogeneration installation, the obligation to provide an energy installation and to allow the licensed activity to be carried out on cogeneration plants shall apply.
(2) The Energy Regulatory Authority shall impose an obligation on the holder of a licence for the production or distribution of heat energy to supply beyond the scope of the licence where there is an urgent need to ensure the supply of heat energy and where there is a public interest. Where the heat energy for supplies in excess of the licence is produced in an installation with combined production of electricity and heat, the holder of the heat generation licence shall have the right to produce and supply the electricity produced in that installation.
(3) The Energy Regulatory Authority shall require the licence holder to distribute electricity or the licence holder to distribute gas to ensure the distribution of electricity or the distribution of gas in excess of the licence if there is an urgent need to ensure the distribution of electricity or gas and if there is a public interest.
(4) In the event of an urgent need and in the public interest, the Energy Regulatory Authority shall impose on the existing or, in the event of compliance with the conditions set out in paragraph 6, an obligation on the holder of a power-generating licence to produce electricity beyond the scope of the licence if, on the basis of an assessment by the TSO pursuant to paragraph 34, this is necessary to ensure the safe and reliable operation of the electricity-generating system and if there is a reasonable assumption that the security and reliability of the operation of the power-generating system cannot be ensured by other means of the transmission system operator; The assessment of the transmission system operator and the information of the electricity producer pursuant to Article 34 shall be the basis for the decision. Where the holder of a licence to carry out a licensed activity in a cogeneration plant notifies the intention to terminate the generation of electricity pursuant to Article 34 (1), the Energy Regulatory Authority shall also take into account the urgency of the need to ensure the supply of heat energy. In the case of decisions on the obligation to produce electricity in excess of the licence in the cogeneration plant, the Energy Regulatory Authority shall, subject to the conditions laid down in paragraph 2, impose at the same time the obligation to supply heat in excess of the licence. The decision shall include the determination or method of determining the price of the performance service, which is an advance payment for a demonstrable loss and a reasonable profit, derived from an estimate of the loss of the electricity producer under Paragraph 34. The determined amount of the price for the service of supply or the way in which it is determined may be amended by the Energy Regulatory Authority, upon request or ex officio, in the course of the performance of the obligation in excess of the licence where the assumptions under which the price has been determined have changed or for any other serious reason; the transmission system operator and the electricity producer shall then be obliged to take into account, without undue delay, the change in price in the performance service contract.
(5) On the basis of a proposal from the owner or operator of the energy installation concerned or ex officio, the Energy Regulatory Authority shall take a decision in accordance with paragraph 2, 3 or 4 for a fixed period of not more than 12 months. The Energy Regulatory Authority shall, within the framework of the decision referred to in paragraph 2, 3 or 4, impose an obligation on the owner to provide the energy installation and to allow the performance of the obligation in excess of the licence. With the imposition of an obligation beyond the scope of the licence, the Energy Regulatory Authority may further determine the conditions and scope for the performance of an activity beyond the scope of the licence, where necessary and appropriate for the fulfilment of that obligation. The Energy Regulatory Authority may extend the period of validity of the decision on the basis of a proposal from the owner or operator of the energy installation concerned, or ex officio, if the reasons for imposing the obligation exist. Decomposition against these decisions shall not have suspensory effect. If the reasons for imposing an obligation in excess of the licence referred to in paragraphs 2, 3 or 4 are omitted, the Energy Regulatory Authority shall decide to terminate the imposition of an obligation in excess of the licence or the imposition of an obligation on the owner to provide the energy installation during the period for which the obligations have been imposed.
(6) The Energy Regulatory Authority shall impose an obligation to produce electricity in excess of the licence on another licence holder if the existing regulatory authority refuses to continue under the conditions laid down by the Energy Regulatory Authority. Where there is no danger of delay and where there is reason to believe that more than one licence holder could assume an obligation to produce electricity in excess of the licence, the Energy Regulatory Authority may select the licence holder to whom it will impose an obligation to produce electricity in excess of the licence in the application procedure. The publication of the procedure for the selection of an application shall also be notified in the Trade Bulletin; the provisions of the Administrative Regulation on notification of the publication of a procedure for the selection of an application by means of mass media and publication in mass media as provided for in the opening of the procedure shall not apply. The Energy Regulatory Authority shall decide on the selection of the application on the basis of the criteria set out in the evaluation of the applications submitted, which are derived from the preliminary costs and the estimate of the loss in accordance with Paragraph 34 and the amount of reasonable profit required. The applicant shall demonstrate in the application the ability to ensure the performance of the electricity production obligation in excess of the licence. Where the preliminary cost or estimate of the loss directly related to the fulfilment of an obligation in excess of the licence estimated by each individual applicant significantly exceeds the preliminary cost or estimated loss of an existing electricity producer where there is a risk of default, or where no request is made in the proceedings, no application shall meet the requirements for assessing the application as successful or all applicants have withdrawn the applications, the Energy Regulatory Authority shall suspend the application procedure and, if there are grounds for imposing an obligation to produce electricity in excess of the licence, shall impose an obligation to produce electricity in excess of the licence by the electricity producer which it designates.
(7) The power-generating facility owner shall be obliged to enter into a power-generating service contract with the transmission-system operator without undue delay after the imposition of the power-generating facility-providing service obligation; If the contract is not concluded, the electricity producers shall not be entitled to a demonstrable loss and reasonable profit. Where the obligation to produce electricity in excess of the licence and the performance service has been submitted to the Commission for assessment with the conditions for granting public aid laid down by European Union law and by the Commission by the date of notification of the termination of the operation of the electricity generation plant pursuant to Article 34, it shall not consider their compatibility with the internal market, the obligation in excess of the licence and the obligations under the performance service contract shall cease to exist and the electricity producer shall have the right to reimburse the demonstrable eligible costs incurred directly in connection with the fulfilment of the obligation imposed in excess of the licence, up to the amount laid down by European Union law or the Commission decision on the compatibility of the public service payment with the internal market; Such costs shall be borne by the transmission system operator to which they are paid through the price of system services. For the purposes of the procedure before the Commission, the Ministry shall be considered as a public aid provider.
(8) The owner of an energy installation shall be entitled to compensation in cash for its provision and use in order to fulfil the obligation to supply heat energy, to distribute electricity, to distribute gas or to produce electricity in excess of the licence. The amount of the refund shall be determined by the Energy Regulatory Authority. The Energy Regulatory Authority may also decide to approve the amount of the refund if it is assessed by the owner of the installation and by the licence holder in excess of the licence and if the amount of the refund is not manifestly disproportionate.
(9) The demonstrable loss incurred by the holder of a thermal energy production or distribution licence by taking over the supply obligation in excess of the licence shall be borne by the Energy Regulatory Fund (hereinafter referred to as "the Fund ') and at an amount set by the Energy Regulatory Authority pursuant to Paragraph 14. The demonstrable loss incurred by the licence holder for the distribution of electricity or gas is a reason for adjusting the regulated prices.
(10) The electricity producer subject to an obligation to produce electricity in excess of the licence shall be entitled to a demonstrable loss if the market revenue from the production of electricity in excess of the licence does not cover the costs of carrying out this activity and a reasonable profit. The energy regulatory authority shall determine, without undue delay after the termination of the obligation in excess of the licence, the amount of the positive or negative difference between the amount of remuneration for the power provision service paid by the transmission system operator under the performance service contract and the amount of the demonstrable loss and reasonable profit of the electricity producer. The electricity producer shall, in the manner and within the time limit laid down in the decision imposing an obligation in excess of the licence, demonstrate the existence and amount of the demonstrable loss and the level of reasonable profit to the Energy Regulatory Authority. The price of the power supply service and the Energy Regulatory Authority shall be paid by the transmission system operator between the price of the power supply service and the demonstrable loss and reasonable profit. The costs of the transmission system operator to meet the demonstrable loss and reasonable profit shall be borne by the price of system services. If there is evidence of a loss and a reasonable profit over payment, the electricity producer shall be obliged to pay the specified amount of the overpayment to the transmission system operator by the Energy Regulatory Authority.
(11) Where the transmission system operator has paid a demonstrable loss and a reasonable profit due to the provision of incomplete, incorrect or false data by the electricity producer, the Energy Regulatory Authority shall decide that the electricity producer has obtained funds to cover the demonstrable loss and reasonable profit unduly, set their amount and impose an obligation on electricity producers to pay them to the transmission system operator. In that case, the electricity producer shall continue to pay a penalty payment of 0,4 per day from the amount unduly paid by the Energy Regulatory Authority, starting from the date on which the decision to impose an obligation to produce electricity in excess of the licence was to demonstrate the existence and amount of a demonstrable loss and the amount of reasonable profit until the date of payment of the amount unduly paid by the transmission system operator. The total payment of periodic penalty payments shall not exceed the amount of the amount unduly paid, as determined by the Energy Regulatory Authority.
(12) Where the licence holder carries out another activity outside the scope of the licence, he shall keep separate accounts relating to the performance of the licence. The power-generating facility owner and the TSO shall keep the documents relating to the obligation to produce electricity in excess of the licence and the power-generating service for a period of 10 years from the end of its provision.
(13) The rights and obligations of thermal energy supply contracts, distribution system service contracts, transmission system service contracts, support service contracts related to the installation concerned and connection contracts concluded by the previous licence holder are transferred to the licence holder to whom an obligation in excess of the licence is imposed for the period of imposition of that obligation. This does not apply to debts and debts incurred before the date of the obligation in excess of the licence. The holder of a licence who has ceased to engage in a licensed activity shall be obliged to forward copies of the contracts concluded to the licence holder in excess of the licence without undue delay after the enforcement of the decision referred to in paragraph 2, 3 or 4. In addition, the licence holder shall, for the period and under the conditions laid down in the Energy Regulatory Authority's decision, ensure obligations beyond the scope of the licence in relation to the places of other consumption of the licence holder which has ceased to carry out the licensed activity.
(14) Thermal energy collectors shall be required to pay to the licence holder performing the heat energy supply activity in excess of the heat energy supply licence the price calculated in accordance with the rules governing price control. The licence holder shall notify the customers of the preliminary calculation of the heat energy price within 1 month of the start of activity. By announcing the price of heat energy according to the sentence of the second sentence, there is a change in the content of the obligation to supply heat energy. ';
22. in Article 16 (2) (m), the words "the directly applicable European Union Regulation laying down the network code for sectoral rules on aspects of cybersecurity of cross-border flows of electricity (hereinafter referred to as the" Regulation on cybersecurity of cross-border flows of electricity ")" shall be replaced by the words "the Regulation on cybersecurity of cross-border flows of electricity (73)."
23. in Article 17 (6) (c), the words "heat energy, electricity distribution, gas distribution or electricity production" shall be inserted after the words "supply."
24. in Article 17 (6), the words "and to allow the exercise of this obligation beyond the scope of the licence" shall be added at the end of the text in point (c).
25. In Article 17, at the end of paragraph 6, the dot is replaced by a comma and the following points (i) to (m) are added:
"(i) the granting of authorisation for:
1. the ownership, development, management or operation of energy storage facilities;
2. direct purchase of non-frequency support services by the TSO or non-frequency support services and flexibility by the distribution system operator;
(j) the regulation amending or eliminating the defects of the regional distribution system development plan and setting a reasonable time limit;
(k) the amount of the difference between the remuneration for the performance service and the amount of the demonstrable loss and reasonable profit pursuant to Article 12 (10) and the reimbursement of the demonstrable loss pursuant to Article 14 (6);
(l) the amount of the refund or the approval of the amount of the refund pursuant to Paragraph 12 (8);
(m) the unlawful acquisition of funds to cover demonstrable losses and reasonable profit, the amount of such resources and the imposition of the obligation to pay them to the transmission system operator pursuant to Article 12 (11). "
26. in Article 17 (7) (j), the following points 4 to 8 are added:
"4. the level of retail electricity and gas prices and the contractual conditions applied, including penalties in the event of a breach of the consumer's obligation to withdraw electricity or gas and other similar cash payments in the event of termination by the consumer,
5. twice a year the dates for connecting transmission or distribution system energy facilities applied by the transmission system operator or distribution system operator;
6. the scope of investments in the construction of new and modernising existing electricity generation and storage facilities;
7. legal and factual barriers to electricity generation by the customer or the community for their own use, sharing of electricity and providing flexibility to electricity market participants;
8. availability of transmission capacities for electricity transmission and application of congestion management rules; ';
27. in Article 17 (7) (j), the following point 9 is added:
"9. in cooperation with the Ministry of Local Development and the Ministry of the Environment, the duration of the authorisation procedure for renewable energy installations as well as their connection to the system, including environmental impact assessments, ';
28. In Paragraph 17 (10), the words "the conditions for access to the gas transmission networks' are replaced by the words" the internal gas market '.
29. in Article 17k (2), "operational" is replaced by "coordination."
30. In Paragraph 19a (10), the word "cancellation 'is replaced by the words" application of prices or procedures according to cancelled', the word "regulated 'is inserted after the word" following' and the word "regulated 'is inserted after the word" following'.
31. in Article 20i (1), the words "one aggregate, if the transfer point is equipped with continuous measurements," shall be added at the end of the text in point (f).
32. in Article 23 (3) (j):
"(j) participate in the costs of the transmission system operator or distribution system operator associated with the connection of the transmission system or distribution system by paying a lump sum, part of which is non-refundable even if the power plant has not been connected, or, where appropriate, to cover in full the eligible costs of the transmission system operator or distribution system operator associated with the connection of the electricity plant."
33.In Articles 23 (3) (w) and 23a (2) (o), the word "electricity" is replaced by "transmission or distribution."
34. in Article 23a (2) (h):
"(h) participate in the costs of the transmission system operator or distribution system operator associated with the connection of the transmission system or distribution system by paying a lump sum, part of which is non-refundable even if the storage facility has not been connected or, where appropriate, to cover in full the eligible costs of the transmission system operator or distribution system operator associated with the connection of the electricity storage facility.";
35. in Articles 24 (13) and 25 (15), the words "in accordance with the Energy Management Act" shall be inserted after the words "options."
36. In Article 25 (10) (r), the words "to cover the eligible costs of the distribution system operator associated with the connection of its installation to that distribution system" shall be replaced by the words "to cover the costs of the distribution system operator associated with the connection to the distribution system through the payment of a lump sum, part of which is non-refundable even if the distribution system has not been connected or, where appropriate, to cover the full eligible costs of the distribution system operator associated with the connection of the distribution system."
37. In Article 25 (10) (t), the words "the payment of the eligible costs of the transmission system operator associated with the connection of its transmission system equipment" shall be replaced by "the amount of the required power or power to cover the costs of the transmission system operator associated with the connection of the transmission system through the payment of a lump sum, part of which is non-refundable even if the distribution system has not been connected or, where appropriate, the full eligible costs of the transmission system operator associated with the connection of the distribution system."
38. in Paragraph 25 (10) (y):
"(y) to allow the provision of flexibility and under the conditions agreed with the TSO for the provision of balancing services from electrical equipment connected to the distribution system, provided that such provision does not jeopardise the safe and reliable operation of the distribution system.";
39. in Paragraph 28 (2) (g):
"(g) participate, according to the required input, in the costs of the transmission system operator or distribution system operator associated with the connection of the transmission system or distribution system through the payment of a flat-rate amount, the part of which is non-refundable even if the demand facility has not been connected or, where appropriate, the full eligible costs of the transmission system operator or distribution system operator associated with the connection of the demand facility;";
40. In Paragraph 28 (6) (f):
"(f) participate in the costs of the transmission system operator or distribution system operator associated with the connection of the transmission system or distribution system by paying a lump sum, part of which is non-refundable even if the electricity or storage facility has not been connected or, where appropriate, bear the full eligible costs of the transmission or distribution system operator associated with the connection of the electricity or storage facility."
41. in Article 30 (2) (s), the words "with electricity" shall be inserted after the words "with index values" and the words "ensuring the trader."
42. The following Section 30e is inserted after Section 30d:
(1) The request for authorisation of a power-generating facility which is energy-strategic and uses natural gas for the production of electricity shall include, in addition to the requirements laid down in Article 30b (1), information on the anticipated course of choice of the supplier of such a power-generating facility or part thereof.
(2) In addition to Article 30c (1), the decision to authorise an electricity production plant, which is an energy strategic whole and uses natural gas for the production of electricity, includes, in addition to the requirements laid down in Article 30c (1), the condition of the authorisation of the applicant's obligation to ensure, for as long as construction and maintenance is completed, compliance with the requirements to ensure the protection of the essential security interests of the Czech Republic as determined by the Ministry and to provide the Ministry with information on facts which could jeopardise the essential security interests of the Czech Republic. "
43. Paragraph 32 to 36, including the headings and footnotes 66 and 67, read:
Aggregate
(1) The agregator shall have the right to:
(a) offer a flexibility aggregation service to electricity market participants whose transmission points are equipped with continuous measurements;
(b) offer flexibility in the electricity market;
(c) to provide data from the market operator necessary for the exercise of his rights and obligations under this law.
(2) The agregator is obliged to:
(a) register with the market operator before commencing the licensed activity;
(b) to provide the market operator with the data and information necessary to fulfil his obligations under this law;
(c) indicate, when performing operations through the market operator's information system, the true and complete information necessary for the choice or change of the aggregate or otherwise related to the fulfilment of an obligation under the aggregation contract.
European and national assessment of source adequacy
(1) The transmission system operator shall participate in the development of a European resource adequacy assessment in accordance with Article 23. Regulation on the internal electricity market to the extent required by the European Network of Transmission System Operators.
(2) Ministry under the conditions and procedure laid down in Articles 20 and 24 The Regulation on the internal market in electricity produces a national assessment of the source adequacy.
(3) The transmission system operator shall, at the request of the Ministry, prepare the supporting documents necessary for the preparation of the national assessment of the source adequacy in accordance with Article 24. Regulation on the internal electricity market and provide it to the Ministry.
(4) Each electricity market participant shall, upon request, provide the transmission system operator with the data necessary to prepare the documentation for the development of a national source adequacy assessment and the data required by the European Network of Transmission System Operators. The transmission system operator shall evaluate the data provided by electricity market participants for the needs of a national source adequacy assessment.
Obligations of the electricity producer at the end of the operation of the electricity plant
(1) The electricity producer operating a power plant with an installed power output of 100 MW or more connected at a voltage level of 110 kV and above is obliged to notify the TSO of the termination of the operation of the power plant at least 11 months before the end of the operation of the power plant.
(2) The transmission system operator shall assess, within 60 days of the date of notification referred to in paragraph 1, the effects of the termination of the operation of the power-generating facility with regard to the safe and reliable operation of the electricity system and shall transmit the evaluation to the Energy Regulatory Authority, the Ministry and the relevant electricity producers. In particular, the TSO shall evaluate the facts referred to in paragraph 3 and may recommend the continuation of the power plant in operation. In such a case, it shall recommend the conditions and scope of operation of the electricity production plant in such a way as not to jeopardise the safe and reliable operation of the electricity system, and shall transmit the conditions and scope of operation to the electricity producer and the Energy Regulatory Authority through the draft performance service contract. The electricity producer shall provide the Energy Regulatory Authority with immediate synergies in determining the preliminary costs of electricity generation and the estimated loss of the electricity generation plant in excess of the licence in terms and scope recommended by the transmission system operator.
(3) In the framework of its evaluation, the TSO will recommend the continued operation of the power plant,
(a) if the termination of the operation of the electricity plant would jeopardise the safe and reliable operation of the electricity system; or
(b) if the standard means, in particular the transmission system operator's support services, are not to maintain the frequency in the electricity system, voltage, to ensure the availability of facilities for island operation, starting out of darkness or providing inertia to the electricity system, and to ensure that the electricity production is not compensated.
Capacity mechanism
(1) The Ministry may, under the conditions and in accordance with the procedure laid down in Article 21: A regulation on the internal market in electricity shall issue measures of a general nature to establish a capacity mechanism and lay down the conditions for participation in the capacity mechanism, duration and other conditions for the capacity mechanism referred to in Article 22 of the Regulation on the internal market in electricity.
(2) The transmission system operator shall provide the Ministry with the necessary synergies in determining the conditions of the capacity mechanism.
(3) The scope of the necessary availability of the regulatory power of power generating plants or other energy installations is determined by the transmission system operator under the conditions laid down by the Ministry.
(4) The transmission system operator shall process the design of the process and conditions to ensure the necessary availability of the regulatory power of power generating plants or other energy facilities and submit it to the Ministry for approval.
(5) The Ministry shall approve the proposal referred to in paragraph 4 if it complies with the terms of the capacity mechanism established by the Ministry.
(6) The Ministry shall amend or repeal measures of a general nature if the reasons for the introduction of the capacity mechanism change or cease to exist.
Ensuring the operation of the electricity system during the energy sector transformation period
(1) The Ministry may issue, on the basis of a national assessment of the source adequacy in accordance with Article 33 or an evaluation by the transmission system operator pursuant to Article 34, general measures to establish a mechanism and lay down the conditions for participation in the mechanism, duration and other conditions of the mechanism for:
(a) the fulfilment of the climate and energy objectives of the Czech Republic under the Energy Union and Climate Action Regulation (66) and the European climate legal framework (67); or
(b) providing support for flexibility in the electricity system.
(2) The transmission system operator shall provide the Ministry with the necessary synergies in setting the terms of the mechanism.
(3) The scope of the necessary availability of the regulatory power of power generating plants or other energy installations is determined by the transmission system operator under the conditions laid down by the Ministry.
(4) The transmission system operator shall process the design of the process and conditions to ensure the necessary availability of the regulatory power of power generating plants or other energy facilities and submit it to the Ministry for approval.
(5) The Ministry shall approve the proposal referred to in paragraph 4 if it complies with the terms of the mechanism established by the Ministry.
(6) The Ministry shall amend or repeal measures of a general nature if the reasons for the introduction of the mechanism change or cease to exist.
(66) Regulation (EU) 2018 / 1999 of the European Parliament and of the Council of 11 December 2018 on the management of the energy union and climate action, amending Regulations (EC) No 663 / 2009 and (EC) No 715 / 2009 of the European Parliament and of the Council, Directives 94 / 22 / EC, 98 / 70 / EC, 2009 / 31 / EC, 2009 / 73 / EC, 2010 / 31 / EU, 2012 / 27 / EU and 2013 / 30 / EU of the European Parliament and of the Council and (EU) 2015 / 652 of the European Parliament and of the Council and repealing Regulation (EU) No 525 / 2013.
67) Regulation (EU) 2021 / 1119 of the European Parliament and of the Council of 30 June 2021 establishing a framework for the achievement of climate neutrality and amending Regulation (EC) No 401 / 2009 and Regulation (EU) 2018 / 1999 ("the European legal framework for the climate"). "
44. in Paragraph 46 (7) (e), the word 'is' is' is replaced by 'is';
45. in Paragraph 46 (14), "conductors" is replaced by "conductors,"
46. In Paragraph 50 (3), the following sentence is inserted after the second sentence: "The deadline for connection to the distribution system shall be 5 years at high and very high voltage and 3 years at low voltage since the submission of a complete request for connection to the distribution system, unless otherwise agreed by the Parties."
47. In Paragraph 50 (4), the words "share of eligible connection costs" shall be replaced by the words "lump sum to cover the share of the costs of the transmission system operator or distribution system operator associated with the connection of the transmission system or distribution system, or the eligible costs of the transmission system operator or distribution system operator associated with the connection of its equipment," and the words "must include" shall be inserted after the words "non-refundable part of the lump sum referred to in the first sentence."
48. In Paragraph 50, the following paragraph 13 is inserted after paragraph 12:
"(13) The power-generating service contract obliges the electricity producer with an obligation to produce electricity in excess of the licence to provide the power-generating facility at the time, quantity and under the conditions laid down by the transmission system operator pursuant to Paragraph 34 and the transmission-system operator undertakes to pay the price for the power-providing service. In addition, the power-generating agreement shall include an obligation to operate the facilities as instructed by the TSO. ';
Paragraphs 13 to 15 shall become paragraphs 14 to 16.
49. in Paragraph 57 (8) (q), the words "on supported resources" are replaced by the words "on supported resources."
50. in Paragraph 61 (2) (q), the words "gas" shall be inserted after the words "gas" and the words "trader security" shall be inserted after the words "index values";
51. in Paragraph 90 (1) (c), the words "do not allow or allow the designated licence holder" shall be replaced by the words "do not grant or allow the designated licence holder an energy installation."
2. in Paragraph 90 (1) (e), the words "to (m)" shall be deleted;
53.In Article 90 (1) (e), the words "to (n)" shall be inserted after the words "(k)."
54. in Article 90 (1) (g), the words "which are linked to a transmission system or distribution system" shall be replaced by the words "or a storage facility" and the number "6" shall be replaced by the words "infringes one of the obligations under Article 28 (6)."
55. in Paragraph 90 (1) (g), "6" is replaced by "7."
56. in Paragraph 91 (1) (a), "7" is replaced by "6."
57. in Paragraph 91 (1) (c), "and 9" is replaced by "and 10."
58. in Paragraph 91 (1) (i), the words "or does not keep documents relating to the obligation to produce electricity in excess of the licence and the service of supply" shall be inserted after the word "licence" and the number "6" shall be replaced by "12."
59. In Paragraph 91 (1), the word "or" shall be deleted at the end of point (q).
60. In Paragraph 91, at the end of paragraph 1, the dot is replaced by "or 'and the following point (s) is added:
"(s) shall not transmit copies of contracts concluded or provide for obligations in excess of the licence in relation to places of other consumption in accordance with Paragraph 12 (13).";
61.In Paragraph 91 (2), the word 'or' shall be deleted at the end of points (o) and (p).
62. In Paragraph 91 (2) (q), the words "interruption or" shall be deleted and the words "production" shall be replaced by "production."
63. In Article 91, at the end of paragraph 2, the dot is replaced by a comma and the following points (r) and (s) are added:
"(r) does not cover the difference between the advance payments and the amount of the demonstrable loss and the reasonable profit referred to in Article 12 (10); or
(s) terminate the production of electricity contrary to § 34 (1). "
64. In Paragraph 91 (3), the words "or paragraph 13 'shall be added at the end of the text of point (d).
65.In Paragraph 91 (4) (d), "or 14 'is replaced by", 14 or 15';
66.In Paragraph 91 (5) (x), the text "u) 'is replaced by" v)'.
67.In Article 91a (1) (d), the words "do not allow or allow the designated licence holder" shall be replaced by the words "do not grant the designated licence holder an energy installation."
68. in Article 91a (1) (i), the words "to (m)" shall be deleted;
69. in Article 91a (1) (i), the words "to (n)" shall be inserted after the words "(k)."
70.In Paragraph 91a (1) (k):
"(k) operates an electricity or storage facility contrary to Article 28 (5) or (6);"
71. in Paragraph 96 (7), the words "resulting from a decision of the Energy Regulatory Authority pursuant to § 12 (2) or (3), the obligation" shall be deleted and the words "§ 10 (8) or § 12 (1) of this Law" shall be replaced by "§ 12 (2), (3) or (4)."
72. In § 96ba, the following paragraph 6 is added:
"(6) The authorisation procedure for renewable energy installations with an electrical power output of less than 150 kW and their connection to the system shall not exceed 12 months. The authorisation procedure for renewable energy installations with a power output of 150 kW or more and their connection to the system shall not exceed 24 months. In the case of solar installations on artificial structures of 100 kW or less, the authorisation process shall not exceed one month. ';
73.In Article 96d (1) (b), the words "and to allow the performance of an obligation in excess of a licence" shall be inserted after the words "in excess of a licence" and the number "1" shall be replaced by "2, 3 or 4."
74. In Paragraph 96d (1) (c), the words "licence or" shall be replaced by the words "licence, provide"; the words "gas in excess of licence" shall be inserted after the words "gas in excess of licence"; the words "or" 3 "shall be replaced by" 3 ";
75. in § 96e, the following paragraph 9 is added:
"(9) If the electricity or gas market participant has received more than its excess asset benefit from the State budget, the Ministry shall decide, at the request of the electricity or gas market participant, to determine the amount of the excess. A request for the setting of the amount of the excess payment may be made no later than one year after the expiry of the payment deadline of the excess asset benefit. The Ministry may also decide to determine the amount of the excess payment on an ex officio basis if it is apparent from the report on the assessment of the existence of excessive asset benefits that there has been a higher contribution to the State budget than there is an excess asset benefit and there is no need for proof; in that case, the decision of the Ministry shall be the first act in the proceedings. The same copy shall be sent by the Ministry to the customs office in writing of the decision with the indication of the legal authority. '.
76. in Article 98a (1) (b), the words "and the storage of electricity" shall be replaced by the words "and."
77.In Article 98a (1), the words "including the procedure for their preparation and the way in which they are discussed and approved 'shall be added at the end of the text in point (f).
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Regulation Information
| Citation | Act No. 223 / 2025 Coll., amending 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, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2025 |
|---|---|
| Effective from | 01.08.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 883
The regulation text is for informational purposes only.
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