Act No 287 / 2022 Coll.
Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and Act No. 265 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic in the Price Field, as amended
Valid
Law
Effective from 01.10.2022
287
THE LAW
of 20 September 2022
amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and amending certain laws (Energy Act), as amended, and Act No. 265 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic in the Price Field, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Energy Act
Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sectors, and on the Amendment of Certain Acts (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 250 / 2003 Coll., Act No. 131 / 2003 Coll., Act No. 158 / 2004 Coll., Act No. 420 / 2011 Coll., Act No. 165 / 2006 Coll., Act No. 350 / 2012 Coll.
1. In Paragraph 11c, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) Where the consumer has negotiated a contract for combined electricity or gas supply services with a way of determining the price directly dependent or derived from changes in the price of electricity or gas in organised electricity or gas markets, the consumer shall be entitled to terminate the obligation of a contract with a notice period of 1 month beginning on the first day of the month following receipt of the notice from the supplier of the electricity or gas.
(3) An arrangement which authorises suppliers of electricity or gas to change the agreed price to the determination of the price directly dependent or derived from changes in the price of electricity or gas in organised markets in electricity or gas without the explicit consent of the consumer is not taken into account. "
2. the following Section 11ea is inserted after Section 11e:
The consumer shall have the right to provide information on measures to prevent the interruption or termination of the supply of electricity, gas or thermal energy in the event of unauthorised collection of electricity, gas or heat due to non-compliance with the payment obligations referred to in Articles 51 (1) (b), 74 (1) (b) or 89 (1) (b), and information on the conditions for granting entitlement to state social aid benefits and benefits in material emergency intended to cover the cost of housing and subsistence, the model of which shall be published by the Ministry of Labour and Social Affairs on its website. Information on the available measures shall include at least information on whether the supplier of electricity, gas or heat energy will allow the consumer to agree on the fulfilment of payment obligations in instalments and the conditions for payment obligations in instalments. The information referred to in the first sentence shall be provided by the supplier of electricity, gas or heat energy to the consumer, together with a warning of non-compliance with the agreed payment obligations, at least 30 days before the required date of interruption of supply due to unauthorised collection of electricity, gas or heat. ';
3. The following Sections 19d to 19g are inserted after Section 19c, including the headings:
Exceptional market situation
(1) If the exceptional market situation on the electricity or gas market is set, the government may, by regulation, set the prices of electricity or gas supplied to customers or other participants in the electricity or gas market.
(2) Furthermore, in the event of an exceptional market situation, the Government may, to the extent necessary, by means of a regulation:
(a) impose an obligation to produce electricity or gas or to supply electricity or gas to customers or other participants in the electricity or gas market, or to produce heat energy under specified conditions;
(b) impose an obligation to supply electricity or gas or support services on organised markets or designated persons under specified conditions;
(c) restrict or prohibit the trading of electricity or gas in organised markets or other means of trading in electricity or gas.
(3) The Government shall issue the Regulations referred to in paragraphs 1 and 2 for a maximum period of 12 months. If the exceptional market situation persists, the government may issue a regulation repeatedly. In the absence of an exceptional market situation, the Government shall immediately repeal the Regulation before the expiry of the period for which it was issued.
(4) The Government may, at the same time as the fixing of the prices referred to in paragraph 1, also determine the extent of the collection or supply of electricity or gas and the categories of participants in the electricity or gas markets to which the prices are to be applied, the extent and manner of the provision of information and supporting documents by the electricity or gas market participant to which the prices are to be applied, the suppliers of electricity or gas, and other conditions for the application of the prices set. These conditions are considered as other substantive conditions for the application of a specified form of price regulation under the Price Act.
(5) Where, by means of a regulation pursuant to paragraph 4, the Government lays down the substantive conditions for the application of specified prices, the fulfilment of which depends on the provision of government-designated information or material to the supplier of electricity or gas, the participant in the electricity or gas market which provides that information or material shall be obliged to provide it fully, correctly and truthfully.
(6) Paragraph 17 (12) on price regulation in an exceptional market situation is without prejudice.
Electricity or gas prices in an exceptional market situation
(1) Where the contract provides for a price of electricity or gas which is higher than the price set by the government, the government regulation shall apply for the duration of the application of the government regulation at the agreed price set by the government.
(2) Where the contract provides for a price to be determined directly or derived from changes in the price of electricity or gas in organised electricity or gas markets and the price of electricity or gas delivered for the settlement period, which at least partly falls within the period of application of the government regulation, is higher than the price per unit of energy determined by the government, it shall pay for that part of the settlement period for the agreed price determined by the government.
(3) Where the government has determined the extent of the collection or supply of electricity or gas to which the specified prices apply, it shall only pay the agreed price referred to in paragraph 1 or 2 for the specified range of electricity or gas; the agreed price shall continue to apply to other electricity or gas purchases or supplies.
(4) In cases referred to in paragraph 1 or 2, Section 7 of the Price Act shall not apply.
(5) The supplier of electricity or gas shall, within 30 days of the date of publication of the Government Decree, set a new amount of advance payments and send a new advance payment regulation to the consumer or the natural person receiving electricity from the low voltage level or with annual gas consumption up to 630 MWh. The new amount of advance payments must take into account the supply of electricity or gas at a price set by the government.
Reimbursement of demonstrable loss and reasonable profit in exceptional market situations
(1) Where the price determined in an exceptional market situation does not cover the legitimate costs of securing the supply of electricity or gas, the electricity or gas market participant shall have the right to pay a demonstrable loss due to the supply of electricity or gas at a specified price and a reasonable profit.
(2) The market operator pays a demonstrable loss and a reasonable profit. The market operator shall be obliged to pay a demonstrable loss and a reasonable profit on the basis of a claim for reimbursement of the demonstrable loss and a reasonable profit and the provision of the established supporting documents for a specified period. The request referred to in the first sentence and the supporting documents provided shall be forwarded without delay by the market operator to the Energy Regulatory Authority for comments.
(3) Payments by the market operator to cover the demonstrable loss and reasonable profit for a specified period paid before the payment is settled shall be considered as advance payments. The market operator and the electricity or gas market participant requesting the reimbursement of a demonstrable loss and a reasonable profit shall, after the end of the specified period, be required to settle the differences between the advance payments for the payment of the demonstrable loss and the reasonable profit and the amount of the demonstrable loss and reasonable profit for the specified period.
(4) The electricity or gas market participant shall provide complete, correct and correct data in the request for reimbursement of the demonstrable losses and reasonable profit and in the supporting documents provided to the market operator.
(5) If, after verifying the data from the application and the supporting documents provided, the Energy Regulatory Authority has doubts as to the accuracy of the calculation of the demonstrable loss or reasonable profit, it shall, within a specified period, communicate this together with the reasons for the market operator and the electricity or gas market participant which submitted the request to the market operator. The market operator shall invite the electricity or gas market participant to adjust the calculation of the demonstrable loss and reasonable profit or to demonstrate the accuracy of the calculation of the demonstrable loss and reasonable profit. The market operator shall without delay forward a new application to the Energy Regulatory Authority, with a revised calculation of the demonstrable loss and reasonable profit or supporting evidence of the accuracy of the calculation of the demonstrable loss and reasonable profit to the Energy Regulatory Authority. Where the Energy Regulatory Authority continues to have doubts as to the accuracy of the calculation of a demonstrable loss or reasonable profit, it shall prohibit, in whole or in part, the granting of a remuneration by a decision which is the first action in the proceedings. Decomposition against this Decision shall not have suspensory effect. This shall not prevent the submission of a new application for reimbursement of a demonstrable loss and a reasonable profit for a specified period, even after the deadline.
(6) The market operator shall have the right to pay the funds provided for the evidence of loss and reasonable profit referred to in paragraph 1 by State budget subsidies. The granting of the subsidy shall be decided by the Ministry at the request of the market operator. The Ministry shall grant a subsidy to the extent of the expected funds to cover the demonstrable losses and reasonable profit to the electricity or gas market participants referred to in paragraph 1 before payment to market participants for a specified period.
(7) For the payment of a demonstrable loss and a reasonable profit at the wrong amount, the procedure laid down in Paragraph 97 shall be followed.
(8) The Government of the United States of America provides for
(a) the extent of the eligible costs of the supply of electricity or gas, the method of calculating the demonstrable loss and the reasonable profit, the relevant date for calculating the demonstrable loss and the reasonable profit and the period for which the demonstrable loss and reasonable profit are paid;
(b) the procedure and dates for settlement of the difference between the advance payments and the amount of the demonstrable loss and reasonable profit over a specified period;
(c) the dates for the submission and details of the request for reimbursement of the demonstrable loss and reasonable profit, the extent of the supporting documents provided to the market operator and the manner in which the claim for reimbursement of the demonstrable loss and reasonable profit is submitted to the market operator;
(d) rules and deadlines for the payment of demonstrable losses and reasonable profit;
(e) the rules and deadlines for granting the subsidy to the market operator for the reimbursement of the funds.
Securing the supply of electricity or gas in an exceptional market situation at a fixed price
(1) Where a customer who does not have, for the period of validity of a government regulation setting prices for the supply of electricity or gas, a electricity or gas trader who is the supplier of the last instance within the designated territory of the holder of the licence for the distribution of electricity or gas referred to in § 12a (1) for the supply of electricity or gas, the electricity or gas trader shall immediately negotiate with the customer a contract for the combined supply of electricity or gas or an indefinite supply of electricity or gas at the price and conditions laid down by the government.
(2) The obligation of the electricity trader or gas dealer to negotiate a contract pursuant to paragraph 1 does not apply to the supply of electricity or gas to customers not subject to a government price or with an annual gas consumption above 630 MWh. Furthermore, the obligation of the electricity or gas trader to negotiate the contract referred to in paragraph 1 shall not apply to the supply of electricity or gas to customers who are late in payment of any payment for the supply of electricity or gas or related services to that electricity or gas trader.
(3) If, in the period for which the government has set prices, one of the factors referred to in Article 12a (2) is found, the supplier of the last instance is obliged to supply electricity or gas during that period at a price set by the government. The provisions of this Act on the obligation to supply last resort at a price regulated by the Energy Regulatory Authority shall not apply for the period of application of the Government's price fixing regulation. '
4. In Article 73a, at the end of the text of paragraph 4, the words "and the provision of gas in an exceptional market situation under Article 19g (1) 'are added.
5. In Paragraph 91 (1), the word "or 'shall be deleted at the end of point (g).
6. In Paragraph 91, at the end of paragraph 1, the dot is replaced by a comma and the following points (m) to (o) are added:
"(m) infringes any of the obligations, restrictions or prohibitions laid down by the Government in an exceptional market situation under Paragraph 19d (2);
(n) fails to settle the difference under Paragraph 19f (3); or
(o) does not indicate in the request for reimbursement any demonstrable losses and reasonable profit or supporting documents provided to the market operator the complete, correct or correct information referred to in Article 19f (4). ';
7. In Article 91 (5) (b), the words "or Article 19g (3) 'shall be inserted after the words" or 4'.
8. In Paragraph 91 (5), the word "or 'shall be deleted at the end of point (d).
9. In Paragraph 91, at the end of paragraph 5, the dot is replaced by a comma and the following points (k) and (l) are added:
"(k) infringes one of the obligations set out in Paragraph 19e (5); or
(l) he shall not negotiate with the customer a contract under Paragraph 19g (1). "
10. in Article 91 (11) (b), the words "or Article 19g (3)" shall be inserted after the words "or 4."
11. in Paragraph 91 (11), the word "or" shall be deleted at the end of point (g).
12. In Paragraph 91, at the end of paragraph 11, the dot is replaced by a comma and the following points (k) and (l) are added:
"(k) infringes one of the obligations set out in Paragraph 19e (5); or
(l) he shall not negotiate with the customer a contract under Paragraph 19g (1). "
13. in Paragraph 91 (13):
"(13) The holder of a licence for the activities of a market operator shall commit an infringement by violating one of the obligations under § 11s (2) or (3), § 11t (5), § 11w (3), § 11x (3) or (5), § 19f (2) or (3) or § 20a (3). '
14. in Paragraph 91 (15) (b), "paragraph 2," is replaced by "paragraph 1 (o), paragraph 2, paragraph";
15. the words "(a) to (n)" shall be inserted after the words "paragraph 1."
16. in Paragraph 91a, at the end of paragraph 2, the dot is replaced by a comma and the following point (j) is added:
"(j) provide incomplete, incorrect or false information contrary to Paragraph 19d (5)."
17. After Paragraph 96d, the following Section 97 is inserted:
Proportional loss and reasonable profit
(1) Where a payment has been made to cover a demonstrable loss and a reasonable profit or a part of it has been wrongly paid, the participant in the electricity or gas market which received it shall be obliged to repay that payment or part thereof to the market operator. A market operator shall be entitled to account for a payment made at an incorrect rate to cover any additional payment to cover a demonstrable loss and a reasonable profit.
(2) In the absence of repayment of a payment for a demonstrable loss and a reasonable profit or part thereof provided at an incorrect amount or set-off in accordance with paragraph 1, the Energy Regulatory Authority shall, on its own initiative, decide that a demonstrable loss and a reasonable profit has been paid at an incorrect rate, determine the extent to which the demonstrable loss and reasonable profit have been wrongly paid and shall impose an obligation to return the payment or part thereof to the State budget within the prescribed period.
(3) A participant in the electricity or gas market to whom a payment for the payment of a demonstrable loss and reasonable profit or a part of it has been made incorrectly shall be obliged to pay such payment or part thereof within the time limit specified in the Energy Regulatory Authority's decision to the State Budget. The payment for a demonstrable loss and a reasonable profit at an incorrect amount or part thereof decided by the Energy Regulatory Authority is the income of the State budget.
(4) Where a payment has been made to cover a demonstrable loss and a reasonable profit at an incorrect rate due to incorrect, incomplete or false data provided in the request for reimbursement of a demonstrable loss and reasonable profit or in the supporting documents provided with the request, the party to the electricity or gas market receiving such payment shall be obliged to pay a penalty payment of 0,1% per day of the amount equal to the amount to which the demonstrable loss and reasonable profit, as determined by the Energy Regulatory Authority, have been incorrectly paid until such payment has been made to the State budget. In the decision referred to in paragraph 2, the Energy Regulatory Authority shall decide whether or not to grant a payment to cover a demonstrable loss and a reasonable profit at an incorrect amount due to incorrect, incomplete or false data.
(5) The Board of Energy Regulators is responsible for the management of payments to cover the demonstrable loss and reasonable profit and periodic penalty payments under the tax administration law. A party to the electricity or gas market to whom payment for a demonstrable loss and a reasonable profit has been made incorrectly shall have the first position of a tax entity in the management of the contributions. The payment from payments to cover the demonstrable loss and reasonable profit and periodic penalty payments may be calculated within 10 years of the beginning of the calendar year following the year in which the payment for the demonstrable loss and reasonable profit took place.
(6) Paragraphs 1 to 5 shall apply mutatis mutandis where a participant in the electricity or gas market does not pay the market operator a payment resulting from the settlement of differences between advance payments and the amount of the demonstrable loss and reasonable profit for the specified period under Paragraph 19f (3). ';
EFFECTIVE
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 287 / 2022 Coll., amending 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 to Certain Laws (Energy Act), as amended, and Act No. 265 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic in the Price Field, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.2022 |
|---|---|
| Effective from | 01.10.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 302
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