Decree No. 277 / 2021 Coll.
Decree amending Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended
Valid
Order
Effective from 01.08.2021
Text versions:
01.08.2021
23.07.2021
277
DECLARATION
of 20 July 2021
amending Decree No 349 / 2015 Coll., on Gas Market Rules, as amended
Pursuant to Section 98a (2) (i) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the 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. 90 / 2014 Coll. and Act No. 131 / 2015 Coll.:
Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended by Decree No. 416 / 2016 Coll. and Decree No. 326 / 2018 Coll., is amended as follows:
1. In Article 9, at the end of paragraph 6, the sentence "The interruptible transmission capacity shall be offered by the transmission system operator up to the amount of technical capacity at the relevant point of the transmission system where the volume of interruptible transmission capacity offered does not affect the capacity offered. ';
2. Paragraph 28 (4) is deleted.
3. Paragraph 29 (3) is deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
4. In Article 32 (1), the dot at the end of point (n) is replaced by a comma and the following points (o) and (p) are added:
"(o) daily until 10: 15: 00, the value of the sum of the nominations for transport at VIP Brandov and VIP Waidhaus entry points after deduction of the nominations for transport on the following gas day at VIP Brandov exit point,
(p) daily by 10: 15: 00, the level of flexibility through the accumulation of the system on the following gas day in accordance with points 1 to 3 of Annex 5 to this Regulation. ';
5. In Paragraph 50 (1), "storage services' is replaced by" storage services'.
6. Paragraph 50 (4) and (5) reads as follows:
"(4) Storage capacity may be reserved as a storage capacity with fixed or interruptible power or as a storage capacity combining fixed and interruptible power.
(5) The gas storage capacity referred to in paragraph 4 shall be reserved by the gas container operator to the clearing entity or to a foreign participant within the scope of the gas storage contract concluded, as follows:
(a) annual storage capacity; the minimum time to reserve storage capacity shall be 1 year and the maximum time to reserve storage capacity shall be 15 years, with 40% of the total technical capacity of the virtual storage capacity being reserved for a maximum of 5 years;
(b) monthly storage capacity; the minimum time to reserve storage capacity is 1 month;
(c) daily storage capacity; the minimum time to reserve storage capacity shall be 1 gas day. ';
7. In Paragraph 50 (7), "Capacity 'is replaced by" Storage capacity'.
8. In Articles 51 (1) and 54 (1), the word "multi-wheel 'is deleted.
9. Paragraph 51 (2) to (4) reads as follows:
"(2) The gas storage tank operator shall publish the terms of the auction for free annual storage capacity and inform the market operator of the publication of the auction in a way that allows remote access no later than 84 hours before the start of the electronic auction. In the case of an auction for free storage capacity according to the first sentence, where in the first auction, the sum of the requirements for the reservation of free storage capacity of all active applicants was lower than the size in the auction of the offered free storage capacity, the gas storage device operator may decide to repeat the auction within 24 hours of the end or cancellation of the auction by publishing the terms of the auction, starting within 20 hours of the publication of the terms of the auction. The periods referred to in this paragraph shall not include working days. The market operator shall publish this information without undue delay in a way that allows remote access and shall send it to settlement entities.
(3) The terms of the auction are set out in Annex 3 to this decree. When repeating the auction referred to in the second sentence of paragraph 2, the terms of the auction, which shall be repeated with the exception of the size of the free storage capacity offered, the initial price and financial collateral not required by the gas container operator, shall apply.
(4) The gas storage tank operator which publishes the terms of the auction for storage capacity referred to in paragraph 2, first sentence, before the start of the electronic auction, may adjust the initial price per storage capacity unit no later than 20 hours before the start of the storage capacity auction. The periods referred to in this paragraph shall not include working days. The adjustment of the initial price per unit of storage capacity shall not affect the level of financial collateral. ';
10. Paragraph 51 (5) and (6) are deleted.
11. in Paragraph 52 (1), the words "at the level required" shall be inserted after the words "the applicant shall lodge."
12. in Article 52 (2) and (3):
"(2) During the auction, the gas storage tank operator shall notify active applicants of the time remaining until the auction round is completed.
(3) The gas storage tank operator shall reserve storage capacity rounded to the nearest m3 or kWh or kWh / day. ';
13. In Paragraph 52, paragraphs 4 to 9 are deleted.
14. In Article 53, the words "unless otherwise agreed with the active applicant 'shall be added at the end of the text of paragraph 2.
15. in Article 53 (3), "10" is replaced by "5."
16. In Paragraph 53 (4), "5 'is replaced by" 3' and the words "unless otherwise agreed with the active applicant 'are added at the end of the text of the paragraph.
17. in Article 53 (5) and (6), "4" is replaced by "3."
18. in Paragraph 54 (2):
"(2) The gas storage tank operator shall publish the terms of the auction for free monthly storage capacity and shall inform the market operator of the publication of the auction in a way that allows remote access not later than 72 hours before the start of the electronic auction. In the case of an auction for free storage capacity according to the first sentence, where in the first auction, the sum of the requirements for the reservation of free storage capacity of all active applicants was lower than the size in the auction of the offered free storage capacity, the gas storage device operator may decide to repeat the auction within 24 hours of the end or cancellation of the auction by publishing the terms of the auction, starting within 20 hours of the publication of the terms of the auction. The periods referred to in this paragraph shall not include working days. The market operator shall make this information publicly available without undue delay in a way that allows remote access and sends it to clearing entities. ';
19. In Paragraph 54, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The terms of the auction shall include the same terms and conditions as those of the auction when booking annual storage capacity, provided that the price per unit of storage capacity is constant for each calendar month. Furthermore, the terms of the auction shall include the determination of the number of calendar months for the use of storage capacity.
(4) The gas storage tank operator may adjust the initial price per storage capacity unit at the latest 20 hours before the start of the auction for storage capacity referred to in paragraph 2 of the first sentence. The working days shall not be counted until the period referred to in this paragraph. The adjustment of the initial price per unit of storage capacity shall not affect the size of the financial collateral. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 5 to 7.
20. Paragraph 55, including the title, reads:
Procedure for the reservation of daily storage capacity
(1) A request for the reservation of daily storage capacity shall be submitted by the clearing entity or by a foreign participant electronically to the gas container operator not earlier than 90 calendar days before the start of the first gas day from which the reservation is requested.
(2) The gas storage tank operator shall publish in a way that allows remote access
(a) the dates for lodging a request for daily storage capacity;
(b) the initial price or the method of determining the initial price at which the daily storage capacity is offered;
(c) a mechanism for changing the price of daily storage capacity booking;
(d) the method of evaluating the applications received and the mechanism for allocating daily storage capacity;
(e) the minimum and maximum booking periods for daily storage capacity; and
(f) the size of the daily storage capacity offered.
(3) The daily storage capacity with fixed or interruptible power is reserved by electronic confirmation of compliance. "
21. Paragraph 56 to 58 shall be deleted, including the headings and footnotes No 13.
22. In Paragraph 59, the words "or submit to the clearing entity or to a foreign participant a draft purchase contract for the direct purchase of the unextracted gas' shall be added at the end of the text of paragraph 1.
23. In Paragraph 59, the following sentence is added at the end of paragraph 3: "The gas storage tank operator shall not be obliged to continue to sell if the price falls to half of the opening bidding price. In such a case, the gas storage tank operator may decide to suspend the sale of the unextracted gas on a given gas day and submit an offer for the sale of the gas on the following gas day. '
24. In Paragraph 61, the following paragraph 5 is added:
"(5) The gas storage tank operator shall provide the active applicant with the bidding and demand curves for each auction round on request upon completion of the auction. ';
25. In Paragraph 80, the following paragraph 6 is added:
"(6) Each gas day by 10: 15: 00, the market operator shall publish the level of flexibility through system accumulation on the following gas day in a manner that allows remote access. In the event that the market operator does not receive from the transmission system operator, within the deadline set in Article 96 (6), information on the reduction of the level of flexibility to the next gas day referred to in points 1 to 3 of Annex 5 to this Regulation, the market operator shall publish information on the use of the basic level of flexibility for the following gas day. ';
26. In Paragraph 81 (6), the words "for ongoing 'are replaced by the words" for previous'.
27. In Paragraph 81, the following paragraph 8 is added:
"(8) The flexibility which a clearing entity or a foreign participant may trade through a transmission system operator pursuant to Paragraph 89 must not exceed twice the value of flexibility allocated pursuant to Paragraph 80 (5)."
28. Paragraph 94 (2) is deleted.
Paragraph 3 shall become paragraph 2.
29. In Paragraph 96, the following paragraph 6 is inserted after paragraph 5:
"(6) Each calendar day, no later than 10: 00: 00, the transmission system operator shall transmit to the market operator the level of flexibility through system accumulation on the following gas day in accordance with points 1 to 3 of Annex 5 to this Regulation. ';
Paragraph 6 shall become paragraph 7.
30. in Article 97 (1) (a) and (b), the words "who have changed gas suppliers and" shall be deleted;
31. in Paragraph 97 (1), the comma shall be replaced by a dot at the end of point (b) and point (c) shall be deleted;
32. in Paragraph 97 (2):
"(2) The distribution system operator shall communicate to the market operator by 15 December at the latest the planned percentage of losses in the following calendar year after each distribution network, or the daily amount of planned losses in energy units in the following calendar year after each distribution network. The distribution system operator may update the planned percentage of losses or the daily amount of planned losses in energy units in the current calendar year by the 15th calendar day of the month preceding the month from which the updated planned percentage of losses is due to apply. The market operator shall publish the value of the planned percentage of losses or daily amount of planned losses in energy units without undue delay in a manner that allows remote access. ';
33. Article 105 shall be deleted;
34. In Paragraph 115, at the end of paragraph 3, the sentence "The extension of the gas supply referred to in this paragraph shall take effect only if another gas supplier is not assigned to the sampling point in the market operator's information system at the time of the requested extension in accordance with the procedure laid down in Section 113 (5). ';
35. in Article 118 (2), the words "the market operator shall, when applying for a rapid change of gas supplier in accordance with Article 116 (5), check for sufficient financial collateral for the clearing entity with responsibility for the derogation at the sampling point and" after the word "notification" shall be deleted.
36. In the first sentence of Paragraph 121 (6), the word "at the latest 'shall be inserted after the word" to be made'.
37.
"Annex No. 3 to Decree No. 349 / 2015 Coll.
Conditions of auction for free storage capacity
1. The terms of the auction shall be proportionate, non-discriminatory and transparent.
2. The terms of the auction include:
(a) the initial price or the method of determining the initial price for the first time unit of the reservation of storage capacity for the period for which the storage capacity is reserved;
(b) the start date of the auction;
(c) the required means of secure electronic communication, including alternative means of communication in case of failure of electronic communication on the part of the applicant;
(d) the method of determining the size and procedure of the composition of the financial collateral;
(e) the size of the free storage capacity offered or the method of determining the size of the free storage capacity;
(f) the model of the gas storage contract or the definition of the scope of the changes to the content of the existing gas storage contract where the modification of the gas storage contract for storage capacity is required to be concluded with the participants of the auction to which storage capacity will be reserved;
(g) the size or method of determining the price change per unit of storage capacity between auction wheels, the algorithm of the auction type used and the method of allocating storage capacity;
(h) the minimum and maximum duration of the reservation of storage capacity;
(i) the method of calculating the price per unit of storage capacity for the other time units for which storage capacity is reserved;
(j) the duration or method of determining the duration of each auction round;
(k) the method of setting the fine for cancelling the reservation of storage capacity to an active user who has been confirmed to have booked storage capacity but no storage contract has been concluded, including the date and manner in which it is to be paid;
(l) the date of composition of the financial collateral for active participation in the auction for storage capacity;
(m) the size of the additional storage capacity that may be activated;
(n) the conditions under which it activates additional storage capacity, the size of which shall not exceed one-and-a-half times the size of the free storage capacity offered for auction under point 2 (e) of Annex 3 to this Order,
(o) the procedure of the gas storage tank operator in allocating storage capacity where part of the storage capacity after the last auction round remains unreserved;
(p) the parameters of the requirement to reserve storage capacity submitted by the clearing entity or by a foreign participant in the relevant auction round where the size of the required storage capacity and the required length of the reservation of storage capacity are at least determined; in the event of a change in the requirement during the auction round, the last request (with the latest time stamp) shall be considered valid;
(q) the method of determining the price for the reservation of storage capacity where:
i. The sum of all the requirements for booking the storage capacity of active applicants in the first auction round did not exceed the value of the storage capacity offered,
ii. storage capacity is also reserved for the active applicant on the basis of the requirement to reserve storage capacity in the penultimate auction round;
iii. the full size of the storage capacity offered is reserved,
(r) the conditions under which the gas storage tank operator terminates the auction for storage capacity. ';
38.
"Annex No 5 to Decree No 349 / 2015 Coll.
Flexibility through gas system accumulation established by the market operator for the gas day
1. Where the current or predicted operational status of the transmission system so requires, the transmission system operator may, by 10: 00: 00 on the gas day, instruct the market operator to reduce the flexibility to the first reduced level on the following gas day if the sum of the nominations of the transport to the ongoing gas day at the VIP Brandov and VIP Waidhaus entry points after deduction of the nominations of the transport at the VIP Brandova exit point exceeds 1600 GWh at 9: 00: 00 on the gas day.
2. If the current or predicted operational status of the transmission system so requires, the transmission system operator may, by 10: 00: 00 on the gas day, instruct the market operator to reduce the size of the flexibility on the following gas day to the second reduced level if the sum of the nominations of the transmission to the ongoing gas day at the VIP Brandov and VIP Waidhaus entry points after deduction of the nominations of the transport at the VIP Brandova exit point exceeds 1900 GWh at 9: 00: 00 on the gas day.
3. Where required by the current or predicted operational status of the transmission system, the transmission system operator may, by 10: 00: 00 on the gas day, instruct the market operator to reduce the size of the flexibility to the third reduced level on the following gas day if the sum of the nominations of transport to the ongoing gas day at the VIP Brandov and VIP Waidhaus entry points after deduction of the nominations of transport at the VIP Brandov exit point exceeds 2100 GWh at 9: 00: 00 on the gas day.
4. Flexibility through accumulation shall be determined by the following procedure:
(a) Flexibility for the customer's sampling site with measurement type A or B FOPMA in thousands of MWh for gas day
FOPMA = KOPM1 × RKOPM × Spt
where
KOPM1 is the basic level of flexibility set at 0,03884,
for the first reduced level of flexibility to 0,03107,
for the second reduced level of flexibility to 0,02330,
for the third reduced level of flexibility to 0,01295,
The RKPM is the sum of all reserved capacities of the entity at the customer's collection point on a given gas day in m3 transmitted pursuant to § 95 (1) (f) or § 96 (1) (n);
Spt is the average value of GCV transmitted pursuant to Paragraph 96 (1) (f) in thousands MWh / m3.
For the customer's demand point connected to the transmission system, the product RKPM x Spt shall be replaced by the sum of all the reserved capacities of the customer at the customer's demand point on a given gas day in the thousands of MWh.
(b) Flexibility for the customer's sampling site with measurement of type C or CM FOPMC in MWh thousands for gas day
FOPMC = KOPM1 × CYKLFSP × Spt
where
KOPM1 is the basic level of flexibility set at 0,03884,
for the first reduced level of flexibility to 0,03107,
for the second reduced level of flexibility to 0,02330,
for the third reduced level of flexibility to 0,01295,
CY is the planned annual consumption in MWh thousands as specified for the relevant gas day for daily deviations in the market operator information system,
Spt is the average value of GCV transmitted pursuant to Paragraph 96 (1) (f) in thousands MWh / m3,
KLFSP is a coefficient set at 1171 in thousands of MWh / m3.
(c) Flexibility per point of gas production
FVP = [KVP × RKVP],
where
KVP is the coefficient set to 0,
The RKVP is the sum of all the reserved capacities of the entity's clearing at the point of the gas plant on a given gas day in the thousands of MWh transmitted under § 96 (1) (o) or § 95 (1) (i).
(d) Flexibility for entry point, entry virtual border point, entry point cross-border pipeline and entry point virtual gas storage point
FVB = KVB1 × RKVB
where
KVB1 is the basic level of flexibility determined according to the following table
| Název vstupního bodu | KVB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00442 |
| Bod virtuálního zásobníku plynu | 0,00442 |
| Bod přeshraničního plynovodu | 0 |
At the first reduced level of flexibility
| Název vstupního bodu | KVyB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00354 |
| Bod virtuálního zásobníku plynu | 0,00354 |
| Bod přeshraničního plynovodu | 0 |
With the second reduced level of flexibility
| Název vstupního bodu | KVyB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00212 |
| Bod virtuálního zásobníku plynu | 0,00212 |
| Bod přeshraničního plynovodu | 0 |
With the third reduced level of flexibility
| Název vstupního bodu | KVyB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00147 |
| Bod virtuálního zásobníku plynu | 0,00147 |
| Bod přeshraničního plynovodu | 0 |
RKVB is the sum of all reserved capacities of a given clearing entity at the relevant entry point of the gas system in MWh in accordance with § 96 (1) (j) or § 95 (1) (j).
e) Flexibility for the output border point, the output virtual border point, the output point of the cross-border pipeline and the output point of the virtual gas storage device
FVYB = [KVYB1 × RKVyB + KVYB2 × RKVyB-AlVyB]
where
KVyB1 is the basic level of flexibility determined according to the following table
| Název výstupního bodu | KVB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00442 |
| Bod virtuálního zásobníku plynu | 0,00442 |
| Bod přeshraničního plynovodu | 0,03361 |
At the first reduced level of flexibility
| Název výstupního bodu | KVyB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00354 |
| Bod virtuálního zásobníku plynu | 0,00354 |
| Bod přeshraničního plynovodu | 0,02689 |
With the second reduced level of flexibility
| Název výstupního bodu | KVyB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00212 |
| Bod virtuálního zásobníku plynu | 0,00212 |
| Bod přeshraničního plynovodu | 0,01613 |
With the third reduced level of flexibility
| Název výstupního bodu | KVyB1 |
|---|---|
| Hraniční bod, virtuální hraniční bod | 0,00147 |
| Bod virtuálního zásobníku plynu | 0,00147 |
| Bod přeshraničního plynovodu | 0,01120 |
RKVyB is the sum of all booked capacities of the entity at the relevant gas system output point in MWh in accordance with § 96 (1) (j) or § 95 (1) (j). '
39. In Annex 7, point 7, the word "reasonably 'is deleted and the sentence" For the purposes of this point, the maintenance of the system accumulation at an optimal value from the point of view of the cost of operating compression stations is added at the end of the point "For the purposes of this point, the maintenance of the system accumulation is also considered to be an economic operation'.
40. In Annex 8, point 8, the word "reasonably 'is deleted and the sentence" For the purposes of this point, the maintenance of the accumulation of the transmission system at an optimal value in terms of the cost of operation of compression stations is added at the end of the point'.
41. In Annex No 10, Part In point 2, for the parameter kkDVM, the word "reduction 'is replaced by" adjustments'.
42. In Annex No 10, Part II, point 2, for the parameter kzDVM, the word "reduction 'is replaced by" modifications'.
43. In Annex 14, point 1, for the Zld parameter after the words "gas day ', the letter" d' is added.
44. In Annex 20, in the section "Compulsory registered customer sampling data ', point 4, including footnote 20, reads as follows:
"4. type of measurement; for type A measurements, the parameter shall indicate whether the measurement is type A1 or type A220, ';
Footnote 20 reads:
"20) § 4 of Decree No. 108 / 2011 Coll., as amended. '
45. In Annex No 20, in the part "Compulsory registered customer sampling data ', at the end of point 9, the dot is replaced by a comma and the following point 10 is added:
"10. type of contract concluded for the customer's point of purchase (contract for combined gas supply services or contract for gas supply). '.
Efficacy
This Decision shall enter into force on 1 August 2021.
Council President:
Zavíček, Ph.D., v. r. o.
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Regulation Information
| Citation | Decree No. 277 / 2021 Coll., amending Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.07.2021 |
|---|---|
| Effective from | 01.08.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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