Government Decree No. 262 / 2022 Coll.
Government regulation on the contribution to energy costs
Valid
Regulation
Effective from 01.09.2022
262
GOVERNMENT REGULATION
of 24 August 2022
on the contribution to cover energy costs
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. 21 / 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 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20 / 2011 Coll.
Categories of household customer demand points and amount of contribution
(1) The points of collection of household electricity customers for which the contribution is taken into account are those which are registered in the market operator's information system at the relevant date pursuant to Article 2 (1) and for which the distribution rate specified in the Annex to this Regulation is agreed for the provision of the distribution system service on the relevant date pursuant to Article 2 (1).
(2) The allowance shall not be taken into account for the collection of electricity at the points of demand where the agreed supply of electricity was made by the customer in the course of business or in the context of the independent exercise of the customer's profession or for the management and operation of the common parts of the house serving only for the joint use of owners or users of flats (hereinafter referred to as the "customer with the assigned person's identification number ').
(3) The amount of the allowance for the household customer's collection site is set out in the Annex to this Regulation.
Mandatory days
(1) The operative date on which the household customer's removal site must meet the conditions for taking into account the allowance is 23 August 2022.
(2) The operative date from which the electricity trader takes into account the contribution of the household customer is 1 October 2022.
Deadline for submission and details of a request by a market operator to the Ministry for the grant of funds
(1) The market operator shall submit a request for funding to the Ministry of Industry and Trade (hereinafter referred to as "Ministry") by 12 September 2022 at the latest.
(2) The requirements of a market operator's request to provide funding to the Ministry for the contribution are:
(a) identification details of the applicant;
(b) the total amount requested,
(c) identification of electricity traders and indication of the individual amounts to be paid by the market operator to take account of their customers' contribution;
(d) the purpose for which the funds are intended;
(e) the bank account number.
(3) Where necessary, the granting of additional funding for the contribution to settle the difference between the payments made to take account of the contributions and the total costs of the electricity trader for the contribution between the market operator and the electricity trader, the market operator shall submit a request to the Ministry without undue delay.
Dates, scope and manner of transmission of data between market participants
(1) By 18.00, by 7 September 2022, the distribution system operator shall transmit to the market operator by 18.00 at each demand point connected to the system and registered in the market operator's information system electronically via the market operator's information system at the relevant date in accordance with Article 2 (1) in the format defined by the market operator
(a) the distribution rate agreed for the sampling point,
(b) in the case of a category distribution rate, D according to the legislation governing electricity market rules, also an indication of whether the distribution system operator has negotiated a distribution system service for the customer's demand point with the assigned person's identification number.
(2) By 8 September 2022 at the latest by 8: 00, the market operator shall electronically communicate to the market operator's information system the total amount to be taken into account for the contribution of the household customers with which the electricity trader had an agreed or otherwise guaranteed supply of electricity on the relevant day pursuant to Article 2 (1), and for each demand point pursuant to Article 1 (1), to which the electricity trader had an agreed or otherwise hedged supply of electricity on the relevant day pursuant to Article 2 (1),
(a) identification code number of the sampling point;
(b) an indication of the distribution rate and an indication of whether the distribution system operator has negotiated a distribution system service for the customer's demand point with an assigned person identification number, according to the data transmitted by the distribution system operator in accordance with paragraph 1;
(c) information on the amount of the payment to take account of the contribution relating to a given point of demand determined on the basis of the data transmitted by the distribution system operator in accordance with paragraph 1 and the Annex to this Regulation.
(3) The electricity trader shall electronically transmit to the market operator, through the market operator's information system, broken down by the identification code of the sampling points, the amount of the contribution taken into account for each domestic customer's sample point by:
(a) on 15 May 2023, for domestic customers, where the total amount of the contribution has been taken into account during the period from the relevant date referred to in Article 2 (1) to 30 April 2023 and electricity supplies have been accounted for in accordance with Article 6 (2); and
(b) on 31 May 2024, for household customers, where the total amount of the allowance has been taken into account during the period from the relevant date referred to in Article 2 (1) to 14 months after the relevant date referred to in Article 2 (2).
(4) The market operator shall publish on its website the format for the transmission of the data referred to in paragraph 1 within 5 days of the date of entry into force of this Regulation.
Dates for providing funding
(1) The Ministry shall reimburse the market operator for the contribution by 16 September 2022. In the case of a request for additional funding pursuant to Article 3 (3), the Ministry shall reimburse the market operator for the contribution within 4 working days of the request.
(2) Within 4 working days of receipt of the funds from the Ministry, the market operator will pay the electricity trader the funds to contribute to his bank account registered in the market operator's information system.
Procedure for taking into account the contribution in electricity payments
(1) The electricity trader is obliged to take into account the contribution in each of the closest advance payments to a minimum of one third of the contribution, but not more than the agreed or fixed advance payment for the supply of electricity, repeatedly up to the nearest bill of electricity supplies. Where the remaining part of the contribution, after taking into account the previous advance payments or after taking into account the debts referred to in paragraph 3, is below one third of the contribution, the advance payment shall be taken into account at that amount. Where the amount of the advance payment agreed or determined in accordance with the first sentence is less than one third of the contribution, the advance payment allowance shall be taken into account for the amount of such advance payment. The provision of this paragraph shall be without prejudice to the possibility for the electricity trader to take account of the contribution referred to in paragraph 3.
(2) The contribution or the remaining part of the contribution not taken into account in the advance payments referred to in paragraph 1 shall take into account, at the earliest due settlement of electricity supplies or at the end of the recovery period, or at the time of the change of the electricity supplier in accordance with the law governing the formalities, scope and dates for the accounting of supplies and related services in the energy sector after the relevant date referred to in Article 2 (2).
(3) The electricity trader may also take into account the contribution to the household customer's debts incurred before the relevant date pursuant to Article 2 (2) from outstanding advance payments for electricity supplies or related electricity service or the billing of electricity supplies to the household customer's collection point for which the contribution is taken into account, including the accessories of those debts, to the extent and order of the civil code. Information about this will be received by the customer in the household at the latest at the nearest proper billing of electricity supplies and, where appropriate, related services in electricity.
(4) The contribution may not be taken into account in other household debts not directly related to the supply of electricity or the related electricity service, in particular the contractual fines due, the charges for sending reminders for the supply of electricity or the associated electricity service or payments for other services or goods provided or provided by the electricity trader in addition to the main obligation under the electricity supply contract or the associated electricity supply service contract.
(5) Where, before the relevant date referred to in Article 2 (2), the household customer demand point for which the allowance is taken into account is subject to an extraordinary bill of charge for the supply of electricity at the end of the collection point or at the change of the electricity supplier, the electricity trader shall take into account the contribution by paying the contribution to the household customer within 15 days of the relevant date referred to in Article 2 (2).
Complaints taking into account the contribution
(1) The household customer is entitled to claim for the electricity trader the consideration of the contribution in the accounts of electricity supplies and, where applicable, related electricity services due to incorrect or incomplete consideration of the contribution. The claim for consideration of the contribution shall be entitled to be made by the household customer within 2 months of the issuance of the proof of billing for electricity supplies and, where applicable, related services in electricity.
(2) If the household customer applies a claim to the electricity trader to take account of the contribution referred to in paragraph 1, the electricity trader shall be obliged to settle the claim without undue delay, not later than 1 month after the receipt of the claim. This deadline shall be added to the period during which the reasons for the complaint were examined by the electricity market operator and, where appropriate, the distribution system operator in accordance with paragraphs 3 and 4.
(3) If the alleged reason for the claim is that the contribution is incorrect due to the agreed distribution rate, the electricity trader is obliged to forward the claim to the market operator. The market operator shall verify whether it has made a payment to the electricity trader to take account of the contribution to the extent appropriate to the distribution rate, according to the data submitted for the purpose of taking into account the contribution of the market operator by the distribution system operator, and inform the electricity trader of the verification within 10 working days of receipt of the complaint from the electricity trader.
(4) If, in the complaint, the household customer claims to have taken into account a contribution of an amount which does not correspond to the agreed distribution rate for its point of demand, and substantiates the alleged facts, the market operator shall, within 10 working days, forward the complaint to take into account the contribution of the distribution system operator. The distribution system operator shall verify the accuracy of the data transmitted to the market operator for the purpose of taking into account the contribution and the fact claimed and documented by the household customer in the complaint to take into account the contribution and inform the market operator of the verification within 10 working days of receipt of the complaint from the market operator. The market operator shall notify the electricity trader of the verification of the claim in accordance with the second sentence within 5 working days of receipt of the notification of the verification of the claim from the distribution system operator.
(5) If the complaint is assessed as justified on the grounds that the distribution rate transmitted by the distribution system operator to the market operator is incorrect, the distribution system operator shall, at the same time as the notice of verification of the complaint, settle the difference in payment for the distribution system service. Where a claim for consideration of a contribution is considered justified, the electricity trader shall be obliged to settle the difference in the incorrectly taken into account contribution or payment for a distribution system service within 15 working days of the expiry of the deadline for settlement of the claim referred to in paragraph 2.
(6) The provisions on the processing of claims for the accounting of electricity supplies under the legislation governing the quality of electricity supplies and related services in electricity shall not apply to the treatment of claims for taking into account the contribution due to incorrect or incomplete consideration of the contribution.
Settlement of funds between the market operator and the electricity trader
(1) Where an electricity trader finds a difference between the amount of payment made by the market operator to take account of the contribution and the amount of the contribution determined by the electricity trader relating to the household customer demand point concerned, it shall transmit to the market operator, through the market operator information system, the following data on the household customer demand point concerned:
(a) identification code number of the sampling point;
(b) information on the difference relating to the sampling point;
(c) the reason for the difference found.
(2) The market operator shall invite the distribution system operator to comment on the supporting documents transmitted by the electricity trader and, where appropriate, to correct the data transmitted pursuant to Article 4.
(3) Where the difference in the funds provided is found, where the market operator has made a higher payment to the electricity trader to take account of the contribution than the fixed contribution, the electricity trader shall be obliged to pay the difference of the amount of the contribution not yet taken into account to the market operator within 10 working days of the end of the calendar month in which the data needed to take account of the contribution have been corrected. Where a contribution or part thereof has already been taken into account, the electricity trader shall inform the market operator through the market operator's information system within 7 working days of the end of the calendar month in which the data needed to take account of the contribution have been corrected and shall at the same time communicate the identification code of the sampling point and the amount of the contribution so far taken into account. The market operator shall transmit information on the identification code of the sampling point, the extent of the undue contribution and the electricity trader, which, at the relevant date referred to in Article 2 (1), had an agreed or otherwise secured supply of electricity to the sampling point, to the Ministry.
(4) In the event of a finding of a difference in the funds provided, where the market operator has made a lower payment to the electricity trader to take account of the contribution than the fixed contribution, the market operator shall be obliged to pay the difference in the means of taking into account the contribution to the electricity trader within 12 working days of the end of the calendar month in which the data needed to take account of the contribution have been corrected, except where the market operator requests the Ministry to provide additional funds for the contribution referred to in Article 3 (3) and shall pay that debt to the electricity trader's account within 4 working days of receiving the funds from the Ministry.
Efficacy
This Regulation shall enter into force on the day following that of its publication.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister for Industry and Trade:
Ing. Síkela v. r.
Annex to Government Decree No. 262 / 2022 Coll.
The amount of the contribution and distribution rates agreed at household customer sampling points for which the contribution is taken into account:
| Distribuční sazba | Výše příspěvku |
|---|---|
| Sazba D01d | 3 500 Kč |
| Sazba D02d | 3 500 Kč |
| Sazba D25d | 3 500 Kč |
| Sazba D26d | 2 000 Kč |
| Sazba D35d | 2 000 Kč |
| Sazba D45d | 2 000 Kč |
| Sazba D56d | 2 000 Kč |
| Sazba D57d | 2 000 Kč |
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Regulation Information
| Citation | Government Decree No. 262 / 2022 Coll., on the contribution to the payment of energy costs |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2022 |
|---|---|
| Effective from | 01.09.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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