Decree No. 224 / 2022 Coll.
Decree amending Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and the method of ensuring the safety standard of gas supply, as amended by Decree No 215 / 2015 Coll.
Valid
Order
Effective from 01.08.2022
Text versions:
01.08.2022
29.07.2022
224
DECLARATION
of 27 July 2022
amending Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and the method of ensuring the safety standard of gas supply, as amended by Decree No 215 / 2015 Coll.
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 Performance 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. 165 / 2012 Coll., Act No. 131 / 2015 Coll., Act No. 362 / 2021 Coll. and Act No. 176 / 2022 Coll.:
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, as amended by Decree No 215 / 2015 Coll., is amended as follows:
1. At the end of the text of § 1, the words "the minimum quantities of stored gas required for periods during the storage year and the procedure for determining the difference between the minimum quantity requested and the actual quantity of stored gas in the gas storage tank 'shall be added.
2. footnote 1 shall read:
"(1) Regulation (EU) 2017 / 1938 of the European Parliament and of the Council of 25 October 2017 on measures to ensure security of gas supply and repealing Regulation (EU) No 994 / 2010, as amended. ';
3. In Article 2 (1), the following is added at the end of the text in point (h): "; Group F includes, within the scope of the gas consumption for ignition and the stabilization of the combustion of primary fuel, electricity and heat production plants whose primary non-gas fuel fuel is operated in the public interest and for which the interruption of gas supply could jeopardise the safety and reliability of the operation of the electricity system, the heat supply system or parts thereof, provided that the relevant transmission or distribution system operator or the holder of the heat supply licence requests in writing for their inclusion in Group F; Further to group F belongs, in the scope of the gas consumption for the production of technological heat in the manufacture of pharmaceuticals and medicinal substances, to the collection points of the holders of authorisations for the manufacture of medicinal products and manufacturers of medicinal substances under the Drug Act, provided that the Ministry of Health applies in writing for their inclusion in Group F of the relevant transmission or distribution system operators. '
4. footnotes 4 and 5 shall read:
"4) Decree No. 349 / 2015 Coll., on the Rules of the Gas Market, as amended.
5) Article 11 (1) of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council. '
5. In Article 4 (5), the introductory part of the provision reads:
"Where the current situation in the gas system or part of it so permits, emergency activities shall be carried out in the following order: '.
6. In Article 7 (1), the words "without production rights' are deleted.
7. Paragraph 7 (2) reads as follows:
"(2) In the case of a gas sampling facility where no immediate reduction to permitted daily consumption is possible, the time shift in hours shall be determined as the time necessary to reduce the consumption. ';
8. In Article 7 (4), "paragraph 3 'is replaced by" paragraphs 2 and 3';
9. In Article 7, paragraphs 8 to 10 are added:
"(8) For customers with multiple sampling points with the same identification number, the permitted daily consumption for these sampling points may be combined or divided into other sampling points, while respecting the following rules:
(a) the total value of the permitted daily consumption of all customer demand points having the same identification number is at no point higher than the sum of these values per customer demand point with the same identification number;
(b) at sample step 2, only the permitted daily values of the sampling points included in group B1 may be combined;
(c) at sample stages 3 to 5, the permitted daily values of the sampling points included in both B1 and B2 may be combined;
(d) at sample step 6, only allowed daily values of the sampling points included in group B2 may be combined;
(e) where a time shift is set for sampling points to reduce the consumption to a value of permitted daily consumption of more than 8 hours, these time shifts shall be taken into account when combining the values of permitted daily consumption;
(f) the contracted capacity may not be exceeded at any of the sampling points.
(9) For the cases referred to in paragraph 8, the customer shall determine in advance the values of permitted daily consumption for all its sampling points, for each of the situations referred to in points (b) to (d) of paragraph 8, and shall communicate them in a demonstrable manner not later than 1 September of the year concerned to all relevant operators to whose facilities its sampling points are attached. The competent operators shall verify compliance with the conditions referred to in paragraph 8 and, by 30 September of the year in question at the latest, shall confirm the permitted daily consumption of each sampling point to the competent customers in a verifiable manner.
(10) The aggregation of the permitted daily consumption values referred to in paragraphs 8 and 9 shall apply only in an emergency situation declared by the transmission system operator for the entire territory of the State under the Energy Act. ';
10. In Paragraph 8, the sentence "For the final classification of customers in the B1, B2, C1 and C2 groups, it is not decisive whether the conditions set out in paragraph 2 for those groups have been met as regards the 70% limit of consumption for the period from 1 October of the previous year to 31 March of that year on the total consumption for the period from 1 April of the previous year to 31 March of that year, but the actual nature of the consumption of the customer on the basis of its request for inclusion in another group, i.e. whether the gas is used primarily for heating or technological purposes. '
11. In Article 8, the following shall be added at the end of paragraph 3: The application shall include information from the producer of electricity and heat on whether the gas is intended for ignition or stabilization of the primary fuel at the collection point and the amount of the necessary daily gas consumption according to the purpose of using the gas and the expected weekly and monthly gas consumption '.
12. footnotes 6 to 9 read:
"(6) Article 9 and 10 of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council.
7) Article 8, 9 and 10 of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council.
8) Article 6 (1) of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council.
9) Article 5 of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council. ';
13. The following Section 11a is inserted after Section 11:
Minimum quantities of gas stored for periods during the storage year and procedure for determining the difference between the minimum quantity requested and the actual quantity of gas stored in the gas storage tank
(1) The person who has an agreed gas storage contract in a gas storage tank directly connected to the transmission system, the purpose of which is to reserve storage capacity with a fixed power, shall use the reserved storage capacity and, for each period of the storage year, store gas in the gas storage tank so that the gas storage tank at the beginning of the gas day referred to in Annex 7 to this Regulation shall hold at least the quantity of gas fixed for that day in accordance with Annex 7 to this Regulation.
(2) The minimum quantity of gas for each period of time during the year shall represent, as a percentage of the minimum share of gas stored by the gas market participant referred to in paragraph 1, in the total storage capacity with a fixed capacity for which the gas market participant has a contract or contract with the relevant gas storage operator, except for contracts for unused storage capacity.
(3) Unused storage capacity, i.e. the difference between the minimum stored amount of gas required for the gas day in question and the actual stored amount of gas on that day, is the subject of an auction at zero or negative invoicing price for the gas storage service under another regulatory provision (10). For gas storage contracts for unused storage capacity, concluded with a new holder of unused storage capacity, and gas storage contracts with a duration of less than 12 months in a given storage year shall not apply until the storage capacity has been filled with 90% of the milestones referred to in Annex 7 to this Regulation, but the resulting milestones shall become 90% of that unused storage capacity until such filling; the maximum period of 90% of storage capacity shall also apply to storage contracts concluded for a period shorter than the storage year. The time of filling the storage capacity at 90% shall be determined by the operator taking into account the technical capabilities of the gas storage tank, but it may not exceed the time fixed for each gas storage tank in accordance with Annex 8 to this Regulation, with a minimum of 10% of the storage capacity being filled within 30 days of the start of filling. '
14. The following Annexes 7 and 8 are added, including the headings:
"Annex No 7 to Decree No 344 / 2012 Coll.
Minimum amount of gas determined for each time period during the storage year
| Plynárenský den skladovacího roku 2022/2023 | 1. srpna | 1. září | 1. října | 1. listopadu | 1. února |
| Minimální množství plynu | 60 % | 67 % | 74 % | 90 % | 30 % |
| Plynárenský den skladovacího roku 2023/2024 a následujících let | 1. května | 1. července | 1. září | 1. listopadu |
| Minimální množství plynu | 5 % | 30 % | 60 % | 90 % |
Příloha č. 8
Annex No 8 to Decree No 344 / 2012 Coll.
Maximum time to fill unused storage capacity obtained by a market participant in an auction at zero or negative call price for a gas storage service
The maximum time for filling the unused storage capacity obtained by a market participant in an auction at zero or negative call price for a gas storage service may not exceed the time specified for each gas storage operator as follows:
- operator of gas storage tank in relation to gas storage tanks Hardonice, Lobodice, Lower Dunajovice, Šmberk, Háje, Třanovice - 120 days
- gas storage tank operator in relation to Uhrice gas storage tank - 90 days
- the gas container operator in relation to the Damborice gas container - 100 days'.
Transitional provision
Where the transmission system operator or distribution system operator has determined the value of the permitted daily consumption in accordance with Article 7 (1) in the version effective before the date of entry into force of this Decree, it shall determine that value again in accordance with Article 7 (3), including the determination of the time shift in accordance with Article 7 (2), and shall communicate it to the customer by 1 September 2022. In the event that the customer disagrees with the stated value of the permitted daily consumption or the time for reducing the consumption to that value, the customer shall justify the different value of the permitted daily consumption and the time shift in hours by listing its appliances and their technological parameters and shall send the relevant operator a request for re-evaluation by 15 September 2022 at the latest. The competent operator shall determine the final value of the authorised daily consumption and the time shift by accepting or refusing the consent to the justified value of the permitted daily consumption and the time shift, which it shall confirm by written communication to the customer by 30 September 2022.
Efficacy
This decree shall take effect on 1 August 2022.
Minister for Industry and Trade:
Ing. Síkela v. r.
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Regulation Information
| Citation | Decree No. 224 / 2022 Coll., amending 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, as amended by Decree No. 215 / 2015 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.07.2022 |
|---|---|
| Effective from | 01.08.2022 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Administrative law
The regulation text is for informational purposes only.
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