Decree No. 280 / 2007 Coll.
Decree on the implementation of the provisions of the Energy Regulatory Fund Act and obligations beyond the scope of the licence
Valid
Order
Effective from 01.12.2007
Text versions:
01.12.2007
07.11.2007
280
DECLARATION
of 24 October 2007
implementing the provisions of the Energy Regulatory Fund Energy Act and obligations beyond the scope of the licence
According to Article 98 (7) of Act No. 458 / 2000 Coll., on terms and conditions of business and on the exercise of state administration in the energy sector and amending certain laws (Energy Act), as amended by Acts No. 262 / 2002 Coll. and No. 670 / 2004 Coll., for the implementation of Sections 13 (2) and 17 (7) (b), (f) and (g) of the Energy Act:
Subject matter
This decree provides
(a) the method of selection of the licence holder for the exercise of an obligation beyond the scope of the licence (hereinafter referred to as the "designated licence holder");
(b) the method of calculating the demonstrable loss in the performance of the obligation in excess of the licence and the documents by which the demonstrable loss calculations must be documented and defined;
(c) the rules for drawing up the financial contribution of licence holders to the Fund and the rules for drawing up the funds from the Fund.
Method of selection of the designated licence holder
(1) When selecting a designated licence holder for the production or distribution of heat energy for the performance of a supply obligation in excess of the licence, the assessment shall be made:
(a) the ability of the licence holder to continue the continuous supply of heat energy in place of the previous licence holder or of a natural or legal person who is not the licence holder and who has ceased or is immediately threatening to cease the activity in which the heat energy is supplied; that ability is demonstrated by the licence holder in particular by the demonstration of the volume of available funds and reserves therein, the necessary technical equipment to ensure the performance of the obligation to supply heat energy beyond the licence and the staffing of the obligation to supply heat beyond the licence for a specified period;
(b) the ability to supply heat energy under price, delivery and quality conditions comparable to, or as close as possible to, existing customers.
(2) The selection of the designated licence holder for the distribution of electricity or gas for the performance of an obligation in excess of the licence shall be treated mutatis mutandis.
Method of calculating demonstrable losses
(1) The designated licence holder shall calculate the amount of the demonstrable loss as the difference between the economic eligible costs of fulfilling the obligation to supply heat energy in excess of the licence or the obligation to distribute electricity or gas in excess of the licence and the revenues obtained from fulfilling that obligation. The amount of the demonstrable loss shall be rounded up to the whole hundred crowns.
(2) The economic eligible costs for the supply of heat energy in excess of the licence or for the distribution of electricity or gas in excess of the licence shall be deemed to be the economic eligible costs for the distribution of electricity or gas under the special legislature1) or the economic eligible costs for the production of heat energy or heat distribution provided by the Authority under the special legislature2).
(3) The form for calculating the demonstrable loss is set out in Annex 1. The form for the calculation of the demonstrable loss is available at the seat of the Office and is also published by the Office in a manner enabling remote access.
(4) Where an obligation is imposed by the Office on a designated licence holder in excess of a licence covering several licensed activities, the designated licence holder shall calculate and submit the amount of the demonstrable loss individually for the licensed activities.
(5) In calculating the amount of the demonstrable loss in the performance of an obligation in excess of the licence, the designated licence holder shall be based on:
(a) separately kept separate accounts relating to the fulfilment of obligations in excess of the licence (3);
(b) accounts kept in accordance with the Accounting Act.
(6) The designated licence holder shall submit to the Authority together with the calculation of the demonstrable loss:
(a) the Protocol on the provision of energy equipment for the performance of an obligation beyond the scope of the licence, the details of which are set out in Annex 2;
(b) the accounts covering the period of execution in excess of the licence drawn up under the Accounting Act;
(c) the results of the separate records of costs and revenues for the period of performance of the obligation in excess of the licence and the costs and revenues with the fulfilment of the obligation in excess of the licence directly related, kept in separate account3),
(d) the depreciation plan and the depreciation applied for the duration of the obligation in excess of the licence.
Rules for drawing up the financial contribution to the Fund
(1) For the purposes of this decree, the total annual volume of sales made by the licence holder shall be:
(a) the total annual volume of sales for the heat energy produced and supplied, minus the costs incurred by the holder of the heat energy licence from another holder of the heat energy licence, in the case of the holder of the heat energy licence;
(b) the total annual volume of thermal energy sales collected by customers from the heat distribution installation operated by it, minus the costs incurred by the holder of the licence for the acquisition of such heat energy from another holder of the heat energy production or distribution licence, in the case of the holder of a thermal energy distribution licence;
(c) the total annual sales volume of heat energy supplied from the heat energy source and the heat energy collected by the customer from the heat distribution plant operated by it, minus the costs incurred by the holder of the heat energy purchase licence from another holder of the heat energy production or distribution licence, in the case of the parallel holder of the production and heat distribution licences.
(2) For each licence holder, the Office shall calculate the value of the share of the total annual sales achieved by it for the licensed activity and the total annual sales made by all licence holders for the previous settlement period. The amount of the financial contribution shall be rounded up to the full crown.
Rules on the mobilisation of the Fund
(1) If the designated licence holder has not already made a demonstrable loss in the course of the transmission of the calculation, he shall inform the Office, within 5 days of the date of the legal authority, of the decision by which he has determined the amount of the demonstrable loss, of the account number of the bank to which the demonstrable loss is due.
(2) The Office shall pay to the designated licence holder a demonstrable loss within 30 days of the date of the legal authority of the decision setting out the amount of the payment of the demonstrable loss. Where the designated licence holder does not communicate to the Office, within the time limit laid down in paragraph 1, the account number of the relevant bank to which a demonstrable loss is to be paid, the Office shall pay to the designated licence holder a demonstrable loss within 30 days of the date of such communication.
Repeal
The following shall be deleted:
1. Decree No. 377 / 2001 Coll., on the Energy Regulatory Fund establishing the method of selection of the designated licence holder, the method of calculation of the demonstrable loss and the amount, including the rules on the payment of financial contributions to that fund.
2. Decree No 366 / 2002 Coll., amending Decree of the Energy Regulatory Authority No 377 / 2001 Coll., on the Energy Regulatory Fund, laying down the method of selection of the designated licence holder, the method of calculation of the demonstrable loss and the amount including the rules on the payment of financial contributions to that fund.
Efficacy
This decree shall take effect on 1 December 2007.
Chairman:
Ing. Fiøt v. r.
Příloha č. 1
Annex No 1 to Decree No 280 / 2007 Coll.
Form for calculating the amount of demonstrable loss
Příloha č. 2
Annex No 2 to Decree No 280 / 2007 Coll.
Forms of the transfer protocol
(a) the designation of the transferor and the designated licence holder;
(b) a description of the energy equipment provided, its components and accessories;
(c) the way in which the energy equipment provided is transferred and taken over;
(d) specific conditions of operation of the energy installation provided, where the licence holder has been designated;
(e) an inventory of the operational and commercial documentation of the energy installation provided;
(f) an inventory of documents relating to the transfer of employees to another employer within the framework of the energy installation provided - only if the transfer of employees and their employment relationships is made.
1) Paragraph 2 (2) (a) of Decree No. 580 / 1990 Coll., implementing Act No. 526 / 1990 Coll., on Prices, as amended.
2) § 2c (c) of Act No. 265 / 1991 Coll., on the competence of the Czech authorities in the field of prices, as amended.
3) Paragraph 12 (6) of the Energy Act.
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Regulation Information
| Citation | Decree No. 280 / 2007 Coll., on the implementation of the provisions of the Energy Regulatory Fund Act and obligations beyond the scope of the licence |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.11.2007 |
|---|---|
| Effective from | 01.12.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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