Government Decree No 263 / 2022 Coll.
Government regulation on the contribution to the costs of electricity, natural gas and heat
Valid
Regulation
Effective from 01.09.2022
Text versions:
01.09.2022
31.08.2022
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263
GOVERNMENT REGULATION
of 24 August 2022
on the contribution to the costs of electricity, natural gas and heat
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.
CONTRIBUTION TO THE REIMBURSEMENT OF ELECTRICITY COSTS AND COUNTRY GAS AT HOME
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 on the relevant date pursuant to Article 2 (1) and for which the distribution rate referred to in Part A of Annex 1 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 collection sites of domestic gas customers for which a contribution is taken into account are the collection points of customers of the household category under the legislation governing the rules of the gas market, which are registered in the market operator's information system at the relevant date pursuant to Article 2 (1) and for which the planned annual gas consumption up to 45 MWh is registered for the provision of the distribution system. The planned annual gas consumption shall be the planned annual gas consumption of the customer's household demand point registered in the market operator's information system at the time of evaluation of the daily deviations made under the legislation governing the gas market rule for the relevant day pursuant to Article 2 (1).
(4) The amount of the allowance for the customer's collection site in electricity and gas is set out in Part A of Annex 1 to this Regulation.
Mandatory days
(1) The date on which the customer's collection site in the electricity and gas household must meet the conditions laid down in Article 1 to take account of the contribution is 21 December 2022.
(2) The operative date from which the electricity or gas trader takes into account the contribution of the household consumer in electricity or gas is 1 February 2023.
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 January 2023 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 and gas traders and indication of the individual amounts to be paid by the market operator to take account of their domestic 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 contributions and the total costs of the electricity or gas trader to the contribution between the market operator and the electricity or gas 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 6 January 2023, the electricity distribution system operator shall transmit to the market operator by 18.00 at the latest 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 on the relevant date referred to in 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 under the legislation governing the electricity market rules also indicate whether the electricity distribution system operator has negotiated a distribution system service for the customer's demand point with the assigned person's identification number.
(2) The market operator shall, by 8: 00 at the latest by 12 January 2023 electronically via the market operator's information system, provide the electricity operator with information on 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 secured the supply of electricity on the relevant day pursuant to Article 2 (1), and for each demand point under Article 1 (1), to which the electricity trader had an agreed or otherwise hedged the supply of electricity on the relevant day,
(a) identification code number of the sampling point;
(b) an indication of the distribution rate and an indication of whether the electricity distribution system operator has negotiated a distribution system service for the customer's demand point with an allocated person's identification number, according to the data transmitted by the electricity 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 electricity distribution system operator in accordance with paragraph 1 and Part A of Annex 1 to this Regulation.
(3) The gas distribution system operator shall transmit electronically, within a time limit specified by the legislation governing the gas market rules through the market operator's information system, an indication of the planned annual gas consumption in the format defined by the market operator. By 6 January 2023, by 18.00, the gas distribution system operator shall electronically transmit to the market operator, through the market operator's information system, by 6 January 2023 at the latest, an indication of the customer category in accordance with another legislation governing the gas market rules at the relevant date in accordance with Article 2 (1) in the format defined by the market operator.
(4) By 8: 00, the market operator shall, by 12 January 2023, electronically via the gas operator's information system, inform the gas operator of the total amount to be taken into account for the contribution of domestic customers with which the gas trader had an agreed or otherwise secured gas supply on the relevant date pursuant to Article 2 (1), and for each domestic customer's demand point pursuant to Article 1 (3), to which the gas trader had an agreed or otherwise secured gas supply on the relevant date pursuant to Article 2 (1),
(a) identification code number of the sampling point;
(b) an indication of the planned annual gas consumption of a given demand point registered in the market operator information system referred to in paragraph 3, according to the data transmitted by the distribution system operator in the gas industry pursuant to paragraph 3;
(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 planned annual gas consumption transmitted by the gas distribution system operator in accordance with paragraph 3 and Part A of Annex 1 to this Regulation.
(5) The electricity trader and gas 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 sampling point to:
(a) 15 September 2023 for household 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 31 August 2023 and the accounts for electricity or gas supplies referred to in Article 6 (2) have been made; and
(b) 30 September 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).
(6) The market operator shall publish on its website the formats for the transmission of data referred to in paragraphs 1 and 3, Article 12 (3) and (5) and Article 20 (4) within 10 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 January 2023. 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) The market operator shall, within 4 working days of receipt of the funds from the Ministry, pay the electricity trader or gas trader the funds for the contribution to their bank account registered in the market operator information system.
Procedure for taking into account the contribution in electricity or gas payments
(1) The electricity trader or gas trader is obliged to take into account the contribution in the next advance payments of at least one third of the contribution, but not more than the agreed or fixed advance payment for the supply of electricity or gas, repeatedly up to the nearest bill of account for the supply of electricity or gas. Where the remaining part of the contribution, after taking into account the previous advance payments, 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 or gas trader to take into account 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 the electricity or gas trader in the next due account of the supply of electricity or gas or in the exceptional account at the time of termination of the electricity or gas collection at the point of purchase or of the change of the electricity or gas supplier in accordance with the law governing the requirement, scope and dates of the supply and related services in the energy sector after the relevant date referred to in Article 2 (2).
(3) The electricity trader or gas trader may also take into account the contribution to the debts of the household customer incurred before the relevant date pursuant to Article 2 (2) of the outstanding advance payments for the supply of electricity or gas or the associated service in the electricity or related gas service or the billing of the supply of electricity or gas to the customer's demand point of the household for which the contribution is taken into account, including the accessories of those debts, to the extent and order of the civil code. This information shall be received by the household customer no later than the nearest due account of the supply of electricity or gas and, where appropriate, related services in electricity or related gas services.
(4) The contribution may not be taken into account in other debts of a household customer not directly related to the supply of electricity or gas or related services in the electricity or related service in the gas industry, in particular in relation to the contractual fines due, the charges for sending reminders for the supply of electricity or gas or the associated service in the electricity or related service in the gas industry, or for payments for other services or goods provided or provided by the electricity or gas trader in addition to the main obligation of the electricity or gas supply contract or the associated service in the electricity or combined gas supply service contract.
(5) Where, before the relevant date referred to in Article 2 (2), an extraordinary bill of supply of electricity or gas is made at the end of the collection site or when the supplier of electricity or gas is changed, the electricity or gas dealer shall take into account the contribution by paying the contribution to the domestic customer within 15 days of the relevant date referred to in Article 2 (2).
Complaints taking into account the contribution
(1) The household customer shall be entitled to claim, with the electricity trader or gas trader, the consideration of the contribution in the accounts of electricity or gas supplies and, where applicable, related electricity services or related gas services on account of 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 issue of the proof of billing for the supply of electricity or gas and, where applicable, related services in electricity or related gas services.
(2) Where the household customer applies a claim to the electricity or gas trader to take account of the contribution referred to in paragraph 1, the electricity or gas trader shall be obliged to settle the claim without undue delay, no later than 1 month after receipt of the claim. This deadline shall be added to the period during which the market operator and, where appropriate, the distribution system operator have examined the eligibility of the complaint grounds 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 or planned annual consumption as set out in Part A of Annex 1 to this Regulation, the electricity trader or gas trader shall forward the claim to the market operator. The market operator shall verify whether the electricity trader has made a payment to take into account the contribution of the corresponding distribution rate according to the data transmitted for the purpose of taking into account the contribution of the market operator of the electricity distribution system or gas trader to take into account the contribution to the extent corresponding to the planned annual gas consumption according to the data transmitted for the purpose of taking into account the contribution of the market operator of the gas distribution system operator or gas operator, and shall notify the electricity or gas trader of the verification within 10 working days of receipt of the complaint from the electricity trader or gas dealer.
(4) If, in the complaint, a 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 electricity distribution system operator. If, in the complaint, the customer claims to have taken into account the contribution of an amount not corresponding to the planned annual gas consumption claimed by the customer in relation to the planned annual gas consumption in accordance with Part A of Annex 1 to this Regulation and the planned annual consumption by that customer and the method of determining it, the market operator shall, within 10 working days, forward the claim to take into account the gas distribution system operator's contribution. 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 inform the electricity trader or gas trader of the verification of the complaint in accordance with the second sentence within 5 working days of receipt of the notification of the verification of the complaint from the distribution system operator.
(5) If the complaint is assessed as justified on the grounds that the distribution rate transmitted by the electricity distribution system operator to the market operator is incorrect, the electricity distribution system operator shall, at the same time as the notice of verification of the complaint, settle the difference in payments for the distribution system service. Where a claim for taking into account the contribution due to the agreed distribution rate or planned annual consumption pursuant to Part A of Annex 1 to this Regulation is deemed justified, the electricity or gas trader shall be obliged to settle the difference in the mistaken contribution or in electricity payments for the distribution system service within 15 working days of the expiry of the deadline for settling the claim referred to in paragraph 2.
(6) The provisions on the processing of claims concerning the accounting of electricity or gas supplies pursuant to the legislation governing the quality of electricity supplies or the quality of gas supplies and related services in electricity or related gas services shall not apply to the processing of claims on account of the contribution due to incorrect or incomplete consideration of the contribution.
Settlement of funds between the market operator and the electricity trader or gas trader
(1) Where an electricity or gas trader finds a difference between the amount of payment by the market operator to take account of the contribution and the amount of the contribution determined by the trader relating to the customer's demand point in the household, it shall transmit to the market operator, through the market operator's information system, the following information on the customer's demand point in the household:
(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 or gas trader and, where appropriate, to correct the data transmitted pursuant to Article 4.
(3) In the event of a finding of a difference in the funds provided, where the market operator has made a higher payment to the electricity or gas trader to take account of the contribution than the fixed contribution, the electricity or gas trader shall be obliged to pay the difference between the initial amount of the payment to take account of the contribution and the new amount of the payment to take account of the contribution, up to 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 of a contribution has already been taken into account, the electricity trader or gas dealer shall inform the market operator through the market operator 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 to the electricity trader or gas dealer who, at the relevant date referred to in Article 2 (1), had agreed or otherwise ensured the supply of electricity or gas to the sampling point, to the Ministry.
(4) In the event of a difference in the funds provided, where the market operator has made a lower payment to the electricity trader or gas dealer 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 or gas dealer 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 pays the debt to the account of the electricity or gas trader within 4 working days of receiving the funds from the Ministry.
CONTRIBUTION TO THE REIMBURSEMENT OF ELECTRICITY COSTS AND TERRITORIAL GAS IN THE HOUSE OF HOUSEHOLDS
Categories of customer demand points in the house with apartments and amount of contribution
(1) The points of collection of customers in an apartment house for which a contribution is taken into account are those which are registered in the market operator's information system on the relevant day pursuant to Article 10 (1) and where the customer in the apartment house receives electricity or gas for heating or hot water as a service provider or heat energy supplier who is not the holder of a thermal energy production or distribution licence on the relevant day pursuant to Article 10 (1).
(2) The amount of the allowance for one flat used for housing in an apartment building is set out in Part B of Annex 1 to this Regulation.
Mandatory days
(1) The date on which the customer's point of demand in a house with apartments in electricity and gas must meet the conditions laid down in Article 9 to take account of the contribution is 30 September 2022.
(2) The operative date from which the electricity or gas trader takes into account the contribution of the customer in the house with apartments in electricity or gas is 1 February 2023.
Deadline for submission and details of a request by a market operator to the Ministry for the grant of funds
(1) The request for funding shall be submitted by the market operator to the Ministry by 12 January 2023 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 the electricity and gas traders and indication of the individual amounts to be paid by the market operator to take into account the contribution of their customers in the housing house;
(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 funds provided for the contribution and the total costs of the electricity trader or gas dealer for the contribution between the market operator and the electricity trader or gas 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 30 November 2022, the customer in the housing house shall submit to the distribution system operator, whose system is connected to its demand facility, complete and true information on the number of flats for which the customer in the house with apartments receives electricity or gas for heating or joint hot water preparation as a service provider or thermal energy supplier. The scope of the data transmitted and the model of the data transmission form are set out in Annex 2 to this Regulation. If the customer changes or fixes the transmitted data in the house with apartments within the first sentence, the distribution system operator shall use the last known data. Data transmitted after the first sentence shall not be taken into account.
(2) A customer in a house with apartments shall transmit the data referred to in paragraph 1 through an electronic system for the transmission of the required data operated by the distribution system operator, provided that the distribution system operator operates such an electronic system while, at the same time, disclosing the information on its website by the relevant date pursuant to Article 10 (1). Where the distribution system operator does not operate an electronic system for the transmission of the required data referred to in paragraph 1, the customer shall transmit the data referred to in paragraph 1 to the distribution system operator's data box or to an electronic contact that the distribution system operator shall establish and publish on its website for the purpose of the transmission of the data referred to in paragraph 1, otherwise in paper form delivered to the distribution system operator at the address of its registered office or service address published on its website. In the case of transmission of data to the electronic contact of the distribution system operator, the data message signed by a recognised electronic signature or containing an electronic document showing a true and legible image of the document bearing the handwritten signature. Data transmitted by other means shall not be taken into account.
(3) By 6 January 2023, the electricity distribution system operator shall transmit to the market operator, by 18.00, by 6 January 2023, according to the data transmitted by the customer in the apartment house referred to in paragraph 1 to each customer demand point in the system-connected apartment house and registered in the market operator's information system electronically through the market operator's information system at the relevant date in accordance with Section 10 (1) in the format defined by the market operator:
(a) the customer's sampling point identification code at the apartment house;
(b) an indication of the number of flats for which the customer in the house with the apartments receives electricity for heating or joint preparation of hot water as a service provider or heat energy supplier.
(4) By 8: 00, the market operator shall, by 12 January 2023, electronically via the market operator's information system, provide the electricity operator with information on the total amount to be taken into account of the contribution of customers in the housing house with which the electricity trader had, at the relevant date referred to in Article 10 (1), the supply of electricity agreed or otherwise provided by the distribution system operator in accordance with paragraph 3 or determined on the basis of these data, the following information:
(a) the customer's sampling point identification code at the apartment house;
(b) an indication of the number of apartments for which the customer in the house with the apartments receives electricity for heating or joint preparation of hot water as a service provider or heat energy supplier;
(c) information on the amount of the payment to take account of the contribution relating to the customer's particular sampling point in the house with apartments.
(5) By 6 January 2023, the gas distribution system operator shall transmit electronically, by 18.00, to the market operator, by 6 January 2023, according to the data transmitted by the customer in the flat house referred to in paragraph 1 to each customer's point of demand in the apartment house connected to the system and registered in the market operator's information system by electronic means through the market operator's information system at the relevant date referred to in Article 10 (1) in the format defined by the market operator:
(a) identification of the sampling point in the market operator's information system by a customer flag in the apartment house;
(b) identification code number of the customer's sampling point in the house with apartments;
(c) an indication of the number of flats for which the customer in the house with the apartments draws gas for heating or joint preparation of hot water as a service provider or heat energy supplier.
(6) By 8: 00, the market operator shall, by 12 January 2023, electronically via the gas operator's information system, provide the gas operator with information on the total amount to be taken into account of the contribution of customers in the housing house with which the gas trader had agreed or otherwise provided for the supply of gas on the relevant day pursuant to Article 10 (1), and shall, for each customer's demand point in the house where the gas trader had agreed or otherwise provided for the supply of gas in accordance with paragraph 5 or determined on the basis of these data, provide the following information:
(a) the customer's sampling point identification code at the apartment house;
(b) an indication of the number of apartments for which the customer in the house with the apartments draws gas for heating or joint preparation of hot water as a service provider or heat energy supplier;
(c) information on the amount of the payment to take account of the contribution relating to the customer's particular sampling point in the house with apartments.
(7) The electricity trader and gas trader shall electronically transmit to the market operator, through the market operator's information system, broken down by customer demand location identification code of the house with apartments, the amount of the contribution taken into account for each customer's demand point in the house with apartments to:
(a) 15 September 2023 for customer demand points in an apartment house where the total amount of the contribution has been taken into account from the relevant date pursuant to § 10 (1) to 31 August 2023 and the bill of supply of electricity or gas pursuant to § 14 (2) has been made; and
(b) 30 September 2024 for customer demand points in a house with apartments, where the total amount of the allowance has been taken into account during the period from the relevant day pursuant to Article 10 (1) to 14 months after the relevant day pursuant to Article 10 (2).
Dates for providing funding
(1) The Ministry shall reimburse the market operator for the contribution by 16 January 2023. In the case of a request for additional funding pursuant to Article 11 (3), the Ministry shall reimburse the market operator for the contribution within 4 working days of the request.
(2) The market operator shall, within 4 working days of receipt of the funds from the Ministry, pay the electricity trader or gas trader the funds to contribute to its bank account registered in the market operator's information system.
Procedure for taking into account the contribution in electricity or gas payments
(1) The electricity trader or gas trader is obliged to take into account the contribution in the next advance payments of at least one third of the contribution, but not more than the agreed or fixed advance payment for the supply of electricity or gas, repeatedly up to the nearest bill of account for the supply of electricity or gas. Where the remaining part of the contribution, after taking into account the previous advance payments, 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 or gas trader to take into account 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 the electricity or gas trader in the next due account of the supply of electricity or gas or in the exceptional account at the end of the electricity or gas collection at the point of purchase or in the change of the electricity or gas supplier in accordance with the law governing the requirement, scope and dates of the supply and related services in the energy sector after the relevant date referred to in Article 10 (2).
(3) The electricity trader or gas trader may also take into account the contribution to the debts of the customer in the house with apartments incurred before the relevant date pursuant to Article 10 (2) from outstanding advance payments for the supply of electricity or gas or the associated service in the gas industry or the related service in the accounting of the supply of electricity or gas to the customer's demand point in the house with apartments for which the contribution is taken into account, including the accessories of such debts, to the extent and order of the civil code. Information about this will be received by the customer in the house with apartments at the latest in the nearest proper bill of supply of electricity or gas, and, where appropriate, related services in electricity or related services in gas.
(4) The contribution may not be taken into account in other debts of the customer in the house of apartments not directly related to the supply of electricity or gas or related services in the electricity or related gas service, in particular due contractual fines, charges for sending reminders of the payment due for the supply of electricity or gas or the associated service in the electricity or related service in the gas or for payments for other services or goods provided or provided by the electricity or gas trader in addition to the main obligation of the electricity or gas supply contract or associated services in the electricity or associated gas supply service contracts.
(5) Where, for a customer's collection point in a house with apartments for which the allowance is taken into account, an extraordinary bill of supply of electricity or gas is made at the end of the collection point or when the supplier of electricity or gas is changed, the electricity or gas dealer shall take into account the contribution by paying the contribution to the customer in the house with the apartments within 15 days of the relevant day pursuant to Article 10 (2).
Complaints taking into account the contribution
(1) A customer in a house with apartments is entitled to claim from an electricity trader or gas trader account for the contribution in the accounts of electricity or gas supplies, and, where applicable, related electricity services or related gas services, due to incorrect or incomplete consideration of the contribution. The complaint of taking account of the contribution shall be entitled to apply the customer in the house with apartments within 2 months of the issue of proof of the bill of supply of electricity or gas, and, where appropriate, related services in electricity or related gas.
(2) Where a customer in a dwelling house applies a complaint to a electricity or gas trader to take account of the contribution referred to in paragraph 1, the electricity or gas trader shall be obliged to settle the complaint without undue delay, no later than 1 month after receipt of the complaint. This deadline shall be added to the period during which the market operator and, where appropriate, the distribution system operator have examined the eligibility of the complaint grounds in accordance with paragraphs 3 and 4.
(3) If the alleged reason for the claim is to take into account the inaccuracy of the above-mentioned contribution due to the different number of apartments in the house for which the contribution was taken into account, the electricity trader or gas trader shall forward the complaint to the market operator. The market operator shall verify whether it has made a payment to the electricity or gas trader to take account of the contribution to the extent corresponding to the number of flats in the housing house according to the data submitted for the purpose of taking into account the contribution of the market operator by the distribution system operator or, where appropriate, shall forward a complaint to the distribution system operator to verify the accuracy of the data transmitted on the number of flats in the housing. The market operator shall inform the electricity trader or gas trader of the verification of the complaint within 5 working days of receipt of the notification of the verification of the complaint from the distribution system operator, or within 10 working days of receipt of the complaint from the electricity trader or gas trader, unless it has submitted the complaint to the distribution system operator in accordance with the second sentence.
(4) The provisions on the processing of claims concerning the accounting of electricity or gas supplies pursuant to the legislation governing the quality of electricity supplies or the quality of gas supplies and related services in electricity or related gas services shall not apply to the processing of claims on account of the contribution due to incorrect or incomplete consideration of the contribution.
Settlement of funds between the market operator and the electricity trader or gas trader
(1) Where an electricity or gas trader discovers the 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 or gas trader relating to the customer's demand point in the apartment house, it shall transmit to the market operator, through the market operator's information system, the following information on the customer's demand point in the housing:
(a) the customer's sampling point identification code at the apartment house;
(b) information on the difference related to the customer's sampling point in the apartment house;
(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 or gas trader and, where appropriate, to correct the data transmitted pursuant to Article 12.
(3) In the event of a finding of a difference in the funds provided, where the market operator has made a higher payment to the electricity or gas trader to take account of the contribution than the fixed contribution, the electricity or gas trader shall be obliged to pay the difference between the initial amount of the payment to take account of the contribution and the new amount of the payment to take account of the contribution, up to 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 of it has already been taken into account, the electricity trader or gas dealer 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 customer's identification number code of the demand point in the housing and the amount of the contribution so far taken into account. The market operator shall provide information on the customer's identification number code of the demand point in the house with apartments, the extent of the undue contribution and the electricity trader or gas trader who, at the relevant date pursuant to Article 10 (1), had agreed or otherwise ensured the supply of electricity or gas to the customer's demand point in the house with apartments, the Ministry.
(4) In the event of a difference in the funds provided, where the market operator has made a lower payment to the electricity trader or gas dealer 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 or gas dealer 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 paragraph 11 (3) and pays the trader's account within 4 working days of receipt of the funds from the Ministry.
CONTRIBUTION TO HEALTH REIMBURSEMENT
Amount of heat allowance
The amount of the heat allowance for the household customer's collection site in the heat-collection family house and for one apartment in a house with apartments used for housing, in which the customer in the house with apartments draws heat for heating or the joint preparation of hot water as a service provider (hereinafter referred to as "the customer in heating") is set out in Part C of Annex 1 to this Regulation.
Mandatory days
(1) The date on which the supply of heat from the heat source or the heating distribution installation must be agreed on 30 September 2022 to take account of the heat contribution to the customer's demand point in the heating industry.
(2) The relevant date from which the holder of the heat energy production or distribution licence takes into account the contribution to the heat of the customer in heating is 1 February 2023.
Deadline for submission and details of the request by the market operator to the Ministry for the grant of the heat allowance
(1) The request for funding shall be submitted by the market operator to the Ministry by 12 January 2023 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 licence holders for the production or distribution of heat energy and an indication of the individual amounts to be paid by the market operator to take account of the heat contribution to their heating customers in the heating industry;
(d) the purpose for which the funds are intended;
(e) the bank account number.
(3) Where necessary, the granting of additional heat allowance funds to settle the difference between the heat allowance provided and the total costs of the licence holder for the production or distribution of heat energy to the heat allowance between the market operator and the licence holder for the production or distribution of heat energy, the market operator shall submit a request to the Ministry without undue delay.
Dates, scope and manner of transmission of data between the customer, the holder of the heat energy production or distribution licence and the market operator and the terms, scope and method of registration of the licence holder for the production or distribution of heat energy to the market operator
(1) The heating customer shall submit in writing a request to take into account the heat contribution to the holder of a licence for the production or distribution of heat energy, the heat source of which is connected to the heat energy source or to the heating distribution plant of which the holder of the heat supply licence has been contracted by the holder before 30 November 2022, directly or through the heat energy supplier referred to in paragraph 3. The model for the application to take account of the heat contribution is set out in Annex 3 to this Regulation. In the case of a customer in a house with apartments, he shall also transmit, by the date referred to in the first sentence, the complete and true data on the relevant date referred to in Paragraph 18 (1) to the extent specified in Annex 3 to this Regulation. If the customer changes or fixes the data already transmitted by the date of the first sentence in the heating industry, the licence holder shall use the last known data.
(2) A customer in heating shall submit a request to take account of the heat allowance and the data referred to in paragraph 1 by means of an electronic system for the transmission of the required data operated by the licence holder for the production or distribution of heat energy, provided that the holder of the licence for the production or distribution of heat operates such an electronic system while, at the same time, publishing the information on his website by the applicable date pursuant to Paragraph 18 (1). A customer in heating may also submit a request to take account of the heat allowance and the data referred to in paragraph 1 into electronic contact, which the holder of the heat production or distribution licence shall establish and publish on his website for the purpose of transmitting the data. Where the holder of a licence for the production or distribution of heat does not operate an electronic system for the transmission of the required data or has not made electronic contact public, the customer shall, in the heating industry, make a request to take account of the heat allowance and the data referred to in paragraph 1 through the data box of the holder of the licence for the production or distribution of heat energy or in paper form delivered to the holder of the licence for the production or distribution of heat at the address of his registered office or the delivery address published on his website. The third sentence of Article 12 (2) shall apply mutatis mutandis to the transmission of data to the electronic contact of the holder of the licence for the production or distribution of heat energy. Data transmitted by other means shall not be taken into account.
(3) Where the supply of heat energy in a house with apartments is provided by the supplier of heat energy, who carries out the activity of the heat distribution on the basis of a concession granted under the trade law, the customer shall submit a request in the heating industry to take into account the heat contribution and transmit the data referred to in paragraph 1 to the supplier of heat energy by 25 November 2022. The thermal energy supplier shall submit a request to take account of the heat contribution and the data transmitted from the customer in the house with the apartment holder of the thermal energy production or distribution licence from which it draws heat energy for its heat distribution in the house with the apartments, within the time limit referred to in paragraph 1. Paragraph 2 shall apply mutatis mutandis to the transmission of the application and the data transmitted by the heat energy supplier.
(4) The licence holder for the production or distribution of heat energy shall register electronically from 1 November 2022 to 6 January 2023 to 18.00 for the market operator through the market operator's information system in the format defined by the market operator. Furthermore, the holder of a licence for the production or distribution of heat energy shall register in the market operator's information system the bank account for the transfer of payment to take account of the heat allowance.
(5) The holder of a licence for the production or distribution of heat energy shall electronically, through the information system of the market operator from 1 December 2022 to 6 January 2023 to 18: 00, transmit to the market operator an indication of the aggregate number of flats in the house with apartments and family houses for all customers in the heating industry of the holder of the heat production or distribution licence referred to in paragraph 1, from which the licensee of the heat supply or distribution licence has received an application for a heat contribution by the date referred to in paragraph 1.
(6) By 8: 00, the market operator shall, by 12 January 2023, electronically via the market operator's information system, provide the holder with information on the total payment to take into account the heat contribution to heat customers in the heating plant, in accordance with the data transmitted by the licence holder for the production or distribution of heat energy referred to in paragraph 5.
(7) The licence holder for the production or distribution of heat energy shall electronically transmit to the market operator, through the market operator's information system, a summary of the information for all customers in the heating industry of the licence holder for the production or distribution of heat energy to:
(a) 15 September 2023 for all customer demand points in heating, where the total amount of the heat allowance has been taken into account during the period from the relevant date referred to in Article 18 (1) to 31 August 2023 and the heat supply bill has been made; and
(b) 30 September 2024 for all customer demand points in the heating industry, where the total amount of the heat allowance has been taken into account during the period from the relevant date referred to in Article 18 (1) to 14 months from the relevant date referred to in Article 18 (2).
Dates for providing funding
(1) The Ministry will reimburse the market operator for the heat contribution by 16 January 2023. In the case of a request for additional funding pursuant to Paragraph 19 (3), the Ministry shall reimburse the market operator for the heat allowance within 4 working days of the request.
(2) The market operator shall, within 4 working days of receipt of the funds from the Ministry, reimburse the holder of the heat production licence or distribution to contribute to the heat to his bank account registered in the market operator's information system.
Procedure for taking into account heat contribution in heat energy supply payments
(1) The holder of a licence for the production or distribution of heat energy must take into account the heat allowance in the nearest advance payment of at least one third of the heat allowance, but not more than the agreed or fixed advance payment for the supply of heat energy, repeatedly up to the nearest heat energy bill. Where the remaining part of the heat allowance, after taking into account in the previous advance payments, is below one third of the heat allowance, it shall be taken into account in the advance payment at that residual amount. Where the amount of the advance payment agreed or fixed in accordance with the first sentence is less than one third of the heat allowance, the advance heat allowance shall be taken into account for the amount of such advance payment. The provisions of this paragraph shall be without prejudice to the possibility for the holder of a licence for the production or distribution of heat energy to take into account the heat allowance referred to in paragraph 3.
(2) The heat allowance or the remaining part of the heat allowance not taken into account in the advance payments referred to in paragraph 1 shall take into account the holder of the thermal energy production or distribution licence at the earliest due account of the heat energy supply or at the end of the heat energy collection at the point of collection in accordance with the law governing the formalities, scope and dates of the billing after the relevant date referred to in Article 18 (2).
(3) The holder of a licence for the production or distribution of heat may also take into account the heat allowance on the customer's debts in the heating industry incurred before the relevant date pursuant to Article 18 (2) from the outstanding advance payments for the supply of heat energy or the accounting of the supply of heat to the customer's demand point in the heating industry for which the heat allowance is taken into account, including the accessories of those debts, to the extent and order of the civil code. This information will be received by the customer in the heating industry at the latest at the nearest proper bill of heat supply.
(4) The heat allowance shall not be taken into account for other debts of the customer in the heating industry not directly related to the supply of heat, in particular the contractual fines due, the charges for sending reminders for the supply of heat energy or payments for other services or goods granted or provided by the holder of the licence for the production or distribution of heat energy in addition to the main obligation under the contract for the supply of heat energy.
(5) Where, for a customer's heat collection point for which the heat allowance is taken into account, an extraordinary bill of heat supply is made at the end of the heat energy collection point before the relevant date referred to in Article 18 (2), the holder of the heat production or distribution licence shall take into account the heat allowance by paying the heat allowance for the benefit of the heat customer within 15 days of the applicable date pursuant to Article 18 (2).
(6) Where the supply of heat energy in a house with apartments is provided by a supplier of heat energy who carries out a heat energy distribution activity on the basis of a concession granted under a trade law, it shall apply mutatis mutandis to take into account the heat contribution to the customer in the house with apartments paragraphs 1 to 5.
Complaints taking into account heat contribution
(1) A customer in the heating industry is entitled to claim a claim from the holder of a licence for the production or distribution of heat energy to take into account the heat allowance in the heat energy accounting due to incorrect or incomplete consideration of the heat allowance. The claim for taking into account the heat allowance shall be entitled to be made by the customer in the heating industry within 2 months of the issue of the proof of the heat supply bill.
(2) Where a customer in the heating industry applies a claim to the holder of a heat production licence or a heat distribution licence to take account of the heat allowance referred to in paragraph 1, the holder of the heat production or distribution licence shall deal with the claim without undue delay, no later than 1 month after the receipt of the claim.
Settlement of funds between the market operator and the licence holder for the production or distribution of heat energy
(1) Where the holder of a thermal energy production or distribution licence finds a difference between the amount of payment made by the market operator to take account of the heat contribution and the amount of the heat contribution determined by the holder of the heat production or distribution licence, he shall inform the market operator, through the market operator information system, of the difference found and the reason for its creation.
(2) In the event of a finding of a difference in the funds provided, where the market operator has granted a licence for the production or distribution of heat energy to the holder of the licence for a heat allowance higher than the determined heat allowance, the holder of the licence for the production or distribution of heat shall be obliged to pay the difference of the amount of the previously untaken heat allowance 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 heat contribution have been corrected. Where a heat allowance or part thereof has already been taken into account, the holder of the heat production or distribution licence shall inform the market operator of this fact, through the market operator 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 amount of the heat allowance taken into account. The market operator shall provide information on the extent of the undue heat contribution and on the holder of a thermal energy production or distribution licence, which, at the relevant date pursuant to Article 18 (1), had an agreed supply of heat to the customer's demand point in the heating industry, to the Ministry.
(3) In the event of a finding of a difference in the funds provided, where the market operator has granted a licence for the production or distribution of heat energy to the holder of a licence for the production or distribution of heat less payment to take account of the heat allowance than the specified heat allowance, the market operator shall be obliged to pay the difference in the means of taking into account the heat allowance for the holder of the heat licence within 12 working days after the end of the calendar month in which the correction of the data needed to take account of the heat contribution is made, except where the market operator requests the Ministry to provide additional heat allowance pursuant to Section 19 (3) and shall pay this debt to the account of the licence holder for the production or heat supply of the heat distribution within 4 working days after receipt of the funds from the Ministry.
COMMON PROVISIONS
New breakdown of the amount of advances
(1) The electricity trader is obliged to send a new breakdown of the amount of advances to the household customer and the customer in the apartment house by 31 January 2023, indicating the amount of the allowance taken into account and the amount to be paid to the electricity trader by the customer in the house.
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Regulation Information
| Citation | Government Decree No 263 / 2022 Coll., on the contribution to the payment of electricity, natural gas and heat 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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