What is Government Decree No. 298 / 2022 Coll.?

Government Decree No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation and on the determination of the related maximum permissible extent of customer property benefits — Government regulation on the determination of electricity and gas prices in an exceptional market situation and the determination of the related maximum permissible extent of customer assets.

When it became Government Decree No. 298 / 2022 Coll. effectiveness?

Government Decree No. 298 / 2022 Coll. became effective 01.01.2023.

Is Government Decree No. 298 / 2022 Coll. still valid?

Yes, Government Decree No. 298 / 2022 Coll. is still valid and effective.

How many times was it Government Decree No. 298 / 2022 Coll. amended?

Government Decree No. 298 / 2022 Coll. has 8 time versions of the text.

Government Decree No. 298 / 2022 Coll. - Government regulation on the determinati...

298

GOVERNMENT REGULATION

of 5 October 2022

on the determination of electricity and gas prices in an exceptional market situation and the determination of the related maximum permissible extent of customer assets

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, Act No. 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20 / 20, Act No. 20 / 20 / 20 / 20 / 20, Act No. 20 / 20 / 20 / 2011 Coll.

§ 1

Subject matter

(1) This Regulation defines, following the exceptional market situation in the electricity and gas markets, the customers for which the specified electricity and gas prices apply, the extent of the collection or supply of electricity and gas in which the specified electricity and gas prices apply, the additional conditions under which the specified electricity and gas prices apply, the scope and manner of providing the information necessary to apply the specified electricity and gas prices.

(3) This Regulation also provides for the maximum allowable amount of asset benefit which may be obtained by a participant in the electricity or gas market by the collection of electricity and gas at a fixed price at the point of demand in the territory of the Czech Republic (hereinafter referred to as the "maximum permissible asset benefit '), the period for assessing the existence of an excessive asset benefit and the payment deadline for the payment of the excess asset benefit.

§ 2

Electricity and gas prices

(4) The determined electricity and gas prices also apply to the supply of electricity or gas provided under Paragraph 19g (1) of the Energy Act and the supply of electricity from the electricity plant to the point of consumption through direct lines without the use of transmission or distribution systems.

(6) Where electricity or gas is supplied to the customer's demand point by the electricity or gas manufacturer, the provisions of this Regulation relating to the electricity or gas trader shall apply mutatis mutandis.

(7) The provisions of this Regulation shall apply mutatis mutandis to the supply of electricity to the point of consumption of the customer through direct lines from the electricity plant; the provisions on substantive condition for the application of a fixed price consisting of the registration of a demand point in the market operator's system shall not apply.

§ 4

Customer categories with a specified price

(1) The price for the supply of electricity referred to in Article 3 (1) applies to all electricity supplies

(a) to a customer sampling point connected to a low voltage distribution system;

(b) to a sampling point connected to the distribution system at a high or very high voltage level, where the customer is:

1. the contracting authority under the Public Procurement Act and is included in the register of economic operators under the State Statistical Service Act in the classification with the institutional sector code 12100 or institutional sector code sub-code 13000;

2. the contracting authority under the Public Procurement Act is included in the register of economic operators under the State Statistical Service Act in the classification with the institutional sector code 11001 and is a legal person in which it has, directly or indirectly, all shares and voting rights of the Czech Republic, the county or the municipality,

3. a state enterprise, if not a national enterprise or a Czech Press Office,

4. a sports organisation registered in the register of sports organisations under the Act on the Promotion of Sport and is not a commercial corporation;

5. a school or educational establishment registered in a school register or a college registered in a university register and study programmes carried out;

6. a health service provider registered in the National Register of Health Service Providers under the Health Services Act,

7th Social Service Provider registered in the Register of Social Services Providers under the Social Services Act,

8. Water and sewage operators registered in the central register of selected water and sewage data under the Water and Sewerage Act;

9. provider of public cultural services under the Act on certain types of cultural support, which is the reporting agent under the Act on the State Statistical Service,

(c) for the supply of electric traction to the customer's demand point, which is the operator of the railway infrastructure or of the means of transport of electric traction when operating railway transport on the railway track, tram, trolleybus or special pursuant to the Railway Act.

(2) In the absence of a supply of electricity to a customer pursuant to paragraph 1, the price for the supply of electricity referred to in Article 3 (1) shall also apply to:

(a) 80% of the maximum monthly value of electricity collection at the point of collection referred to in Article 5, which is connected to the distribution system at high or very high voltage, in the case of a customer who is small or medium-sized business1);

(b) 80% of the maximum monthly value of electricity collection at the point of collection referred to in Article 5, which is connected to the distribution system at a high or very high voltage level, in the case of a customer who is an entrepreneur but is not a small or medium-sized entrepreneur (1) (hereinafter referred to as a large entrepreneur) or a customer who does not meet the substantive conditions for applying the specified price of electricity to small or medium-sized entrepreneur; and

(c) any supply of electricity to a demand point connected to the distribution system at a high or very high voltage level when the electricity is collected by the customer who is the consumer.

(3) The price for the gas supply referred to in Article 3 (2) applies to all gas deliveries to the sampling point

(a) a customer of a household category or a retail customer in accordance with legislation governing the rules of the gas market;

(b) which, under the legislation governing the gas market rules, is classified as a medium-sized customer or wholesale customer, with the exception of the supply of gas for the production of electricity, in the case of a customer who is:

1. by a contracting authority under the Public Procurement Act and is included in the register of economic operators under the State Statistical Service Act in a classification with an institutional sector code 12100 or an institutional sector code sub-classified under an institutional sector code 13000;

2. the contracting authority under the Public Procurement Act is included in the register of economic operators under the State Statistical Service Act in the classification with the institutional sector code 11001 and is a legal person in which it has, directly or indirectly, all shares and voting rights of the Czech Republic, the county or the municipality,

3. a state enterprise, if not a national enterprise or a Czech Press Office,

4. a sports organisation registered in the register of sports organisations under the Act on the Promotion of Sport and is not a commercial corporation;

5. a school or educational establishment registered in a school register or a college registered in a university register and study programmes carried out;

6. a health service provider registered in the National Register of Health Service Providers under the Health Services Act,

7th Social Service Provider registered in the Register of Social Services Providers under the Social Services Act,

8. Water and sewage operators registered in the central register of selected water and sewage data under the Water and Sewerage Act;

9th provider of public cultural services under the Act on certain types of cultural support, which is the reporting agent under the Act on the State Statistical Service.

(4) In the absence of a supply of gas to a customer pursuant to paragraph 3, the price for the supply of gas referred to in Article 3 (2) shall also apply to:

(a) 80% of the maximum monthly value of gas collection at the sampling point referred to in Article 5, where the customer is a small or medium-sized business1), excluding the supply of gas for electricity production;

(b) 80% of the maximum monthly value of gas collection at the point of collection referred to in Article 5, where the customer is a large entrepreneur or fails to fulfil the conditions of substance for applying the fixed price of gas to small or medium-sized enterprises, with the exception of the supply of gas for electricity production;

(c) a proportion of the supply of gas consumed for the production of heat energy for heating and the preparation of hot utility water at the customer's sampling point and in which a home boiler or heat energy source for the production of heat energy for one customer's object is installed, including a proportion of the technological own consumption and losses;

(d) a proportion of the supply of gas consumed for the production of heat energy in the heat energy source operated by the holder of the heat energy production licence and delivered to the heating distribution plant operated by the holder of the heat supply licence, including a proportion of the technological own consumption and losses.

(8) For the supply of electricity or gas to a customer's demand point which does not meet the conditions in fact for the application of the fixed price of electricity or gas to small or medium-sized enterprises and which has requested the supply of electricity or gas under the conditions laid down for large enterprises, the provisions of this Regulation relating to large enterprises shall apply mutatis mutandis.

§ 5

Procedure for establishing the maximum monthly value of electricity and gas collection and the procedure for evaluating the quantity of electricity and gas at a fixed price

(1) The maximum monthly value of electricity from high or very high voltage levels shall be determined on 19 December 2022 as the highest value of actual monthly value of electricity at the sampling point throughout the calendar month corresponding to the calendar month for which the highest monthly value of electricity is determined for the period from 1 September 2017 to 31 August 2022, or as a shorter period, unless the market operator has registered the actual values of electricity withdrawals for the whole period. The actual monthly consumption values according to the first sentence are the electricity consumption values determined from the current electricity consumption values transmitted by the distribution system operator to the market operator in accordance with the procedure laid down in the legislation governing the electricity market rules. If the market operator has not received the actual value of the collection for all days of the relevant calendar month, this month shall not be included in the calculation of the maximum monthly value of the collection.

(2) Where the market operator is not registered with the actual value of the electricity consumption referred to in paragraph 1 for at least one full calendar month for which the maximum monthly value of the electricity consumption is determined, or where the actual value of the electricity consumption per calendar month is higher than the maximum monthly value of the electricity consumption determined in accordance with paragraph 1, the maximum monthly value of the electricity consumption by the distribution system operator shall be the actual value of the electricity consumption transmitted to the electricity trader through the market operator's system for the accounting of electricity supplies and related services under the legislation governing the electricity market rules for the relevant calendar month for which the electricity supply price to the customer is applied pursuant to Article 4 (2).

(3) The market operator shall make available to the electricity trader the maximum monthly value of electricity collection in the market operator information system.

(4) In the case of the supply of electricity to the points of consumption via direct lines, the maximum monthly value of the electricity consumption from the electricity generation plant shall be determined by the electricity producer, the actual electricity consumption values for the relevant calendar month at which the price for the supply of electricity to the customer is applied pursuant to Article 4 (2), the electricity consumption values used by the electricity producer to account for the supply of electricity. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis.

(5) Where the price for the supply of electricity referred to in Article 3 (1) is applied to a specified value of electricity at the point of demand and the customer exceeds the specified value of electricity in the calendar month or, in the case of the highest monthly value of electricity referred to in paragraph 2, the electricity trader shall determine the ratio of the determined value of electricity and the total actual value of electricity at the point of demand of the customer. By this ratio, the electricity trader shall divide the value of the electricity consumption in each business hour between the value of the electricity consumption covered by the electricity supply price referred to in Article 3 (1) and the remaining value of the electricity consumption at the agreed price for the electricity supply or, in the case of a contract negotiated under Article 19g (1) of the Energy Act, at the price referred to in Article 3 (5).

(6) For the determination of the maximum monthly value of gas collection by the customer, the same procedure shall apply in accordance with paragraphs 1 to 3. Where the price for the supply of gas referred to in Article 3 (2) is applied to a specified value of the gas at the sampling point and the customer exceeds the specified value of the gas in a calendar month, or where the maximum monthly value of the gas is referred to in paragraph 2, the gas dealer shall determine the ratio of the determined value of the gas and the total actual value of the gas at the sampling point of the customer. By this ratio, the gas dealer shall divide the values of the gas consumption on each gas day between the value of the gas consumption to which the gas supply price referred to in Article 3 (2) applies and the remaining value of the gas consumption at the agreed gas supply price.

(7) Where the gas supply price referred to in Article 3 (2) is applied to a proportion of the gas consumption at the sampling point, the gas dealer shall determine the proportion of the gas consumption and the total actual gas consumption at the customer sampling point. By this ratio, the gas dealer shall divide the values of the gas consumption on each gas day between the value of the gas consumption to which the gas supply price referred to in Article 3 (2) applies and the remaining value of the gas consumption at the agreed gas supply price.

(8) Where the gas supply price referred to in Article 3 (2) is applied to a specified value of gas collection at the sampling point and the customer has also collected gas for electricity or heat energy in a calendar month, the determined value of the gas consumption per calendar month shall be assessed from the highest monthly value of gas consumption for electricity production and the amount of gas consumed for heat generation pursuant to Article 4 (4) (c) or (d). If the actual consumption of the gas by the customer, less the amount of gas consumed for electricity production and the amount of gas consumed for heat generation in the calendar month, exceeds the fixed value of the gas, the gas dealer shall determine the ratio of the determined value of the gas and the actual gas consumption reduced by the amount of gas consumed for electricity production and the amount of gas consumed for heat energy production. Paragraph 6 of the last sentence shall apply mutatis mutandis. When assessing the proportion of the supply of gas consumed for the production of heat energy pursuant to Article 4 (4) (c) or (d) at a specified price, the procedure laid down in paragraph 7 shall be followed.

(9) Where the settlement period is less than a calendar month, the assessment shall be made whether the customer has exceeded the specified value of the electricity or gas collection in accordance with the procedure referred to in paragraph 5 or 6, or the proportion of the gas collection in accordance with the procedure referred to in paragraph 7, in proportion to the number of days of the settlement period.

(10) Where the contract provides for the determination of the price for the supply of electricity or gas pursuant to Article 19e (2) of the Energy Act and where the settlement period falls at least partly within the period for which electricity or gas prices are determined by this Regulation, the price for the energy unit referred to in Article 19e (2) of the Energy Act shall be evaluated for the application of the determined price of electricity or gas for the part of the settlement period for which electricity or gas prices are determined by this Regulation.

§ 6

Conditions of substance for the application of determined electricity prices

(1) The condition for applying the price for the supply of electricity to the customer pursuant to Article 4 (1) (a) and the permanent monthly salary to the customer pursuant to Article 4 (5) for the settlement period is that the customer's point of demand is registered with the market operator as a demand point by a category C or D customer under the legislation governing the electricity market rules.

(2) For the purposes of this Regulation, the following definitions apply: Where a customer withdraws electricity for the performance of an activity or provision of a service pursuant to § 4 (1) (b) (5) to (9) in several sampling points, he shall provide the declaration in accordance with the first sentence for each sampling point. In the case of a demand point where the customer has not collected electricity throughout the period referred to in the first sentence, the value of the electricity collection for the performance of the activity or provision of the service shall be determined from the last known values for the period prior to the declaration, but not more than 12 months.

(3) The requirement for the application of the price for the supply of electricity to the customer pursuant to Article 4 (1) (b) (2) is to provide the customer with a declaration to the electricity trader in accordance with the model of the declaration set out in Annex 3 to this Regulation that he is the contracting authority under the Public Procurement Act and that only the Czech Republic or one or more local authorities are members.

(4) The condition for applying the price for the supply of electricity to the customer in accordance with Article 4 (1) (c) is that the sampling point in the market operator's system is indicated by the sampling point at which the supply of electricity to power the electric traction takes place.

(5) The requirement for the application of the price for the supply of electricity to a customer pursuant to Article 4 (2) (a) is to provide the customer with a declaration in accordance with the model of the declaration set out in Annex 4 to this Regulation that it is small or medium-sized business1) to the electricity trader who provides the supply of electricity to the customer's demand point. For the period up to 30 April 2023, the provision of a customer's declaration, in accordance with the model of the declaration set out in Annex 7 to this Regulation, shall be subject to the application of the price for the supply of electricity to a customer pursuant to Paragraph 4 (2) (b) of this Regulation for the period up to 30 April 2023, on the basis of the model of the declaration set out in Annex 7 to this Regulation that he is a large entrepreneur or requires the supply of electricity under the conditions laid down for a large entrepreneur, an electricity trader providing electricity to the customer's demand point of supply. For the period after 30 April 2023, the provision of the customer's declaration in accordance with the model of the declaration set out in Annex 10 to this Regulation to the electricity trader providing the electricity supply to the customer's demand point shall be a condition for the application of the price for the supply of electricity to the customer in accordance with Article 4 (2) (b) for the period after 30 April 2023. The customer's declaration referred to in Article 4 (2) (b), in accordance with the model of the declaration set out in Annex 10 to this Regulation, shall include a statement of the submission of a report on the assessment of the existence of an excessive asset benefit under Section 8d (7) to the Ministry, provided that, in the period for the assessment of the existence of an excessive asset benefit, he has collected electricity at a specified price.

(6) The customer shall provide the declaration referred to in paragraph 2, 3 or 5 by the end of the calendar month preceding the month for which the electricity supply price is to be applied. The customer statement provided under paragraph 5 of the second sentence during the first calendar quarter of 2023 shall be valid until 30 April 2023. The customer statement provided under paragraph 5 of the third sentence of the second or third calendar quarter of 2023 shall be valid until the end of the calendar month following the end of the calendar quarter. The customer statement provided in accordance with paragraph 5 of the third sentence of the last calendar quarter of 2023 shall be valid until 31 December 2023.

(7) The condition for applying the electricity supply price is fulfilled until the customer notifies the electricity trader of the change of the declared facts or the requirement for the supply of electricity under the conditions laid down for the large entrepreneur. Where a customer notifies the electricity trader of a change in the declared facts or the requirement to supply electricity under the conditions laid down for a large enterprise during a calendar month, the condition for applying the price for the supply of electricity shall be deemed to have been fulfilled by the end of that calendar month. A declaration made after the deadline referred to in paragraph 6 shall not be taken into account for the preceding calendar month. If a customer who is a large entrepreneur or who has requested the supply of electricity under the conditions laid down for a large entrepreneur, has notified that he does not apply the right to supply electricity under the conditions laid down for a large entrepreneur for a further period of time, the first and second sentences shall apply mutatis mutandis.

(8) If a customer ceases to be small or medium-sized business1), if he no longer meets other conditions for applying the price for electricity supply or if he changes the declared facts, the customer is obliged to notify the electricity trader without delay.

(9) The provision of the declaration referred to in paragraph 2, 3 or 5 to the supplier of the last instance within 15 working days of the start of the supply of electricity from the supplier of the last instance shall be a condition for the application of the price for the supply of electricity referred to in Article 3 (1) to the customer.

§ 7

Conditions of substance for the application of fixed gas prices

(1) The condition for applying the price for the supply of gas to the customer pursuant to Article 4 (3) (a) and the permanent monthly payment to the customer pursuant to Article 4 (6) for the settlement period is that the customer's point of demand is registered with the market operator as the customer's point of demand of the household or retail customer under the legislation governing the gas market rules.

(2) The obligation to apply the price of gas supply to the customer pursuant to Article 4 (3) (b) (5) to (9) shall be to provide the customer with a declaration in accordance with the model of the declaration set out in Annex 2 to this Regulation to the gas dealer who provides the gas supply to the customer's demand point, that the person performing the activity or providing the service pursuant to Article 4 (3) (b) (5) to (9) is the person providing the service and that, at the sampling point, the gas is generated by at least 80% of the gas in total for the activity or the supply point of the gas. If the customer withdraws gas for the performance of the activity or provision of the service referred to in § 4 (3) (b) at multiple sampling points, the customer shall provide a declaration in accordance with the first sentence for each sampling point. In the case of a sampling point where the customer has not collected gas throughout the period referred to in the first sentence, the value of the gas collection for the performance of the activity or provision of the service shall be determined from the latest known gas collection values for the period prior to the declaration, but not more than 12 months.

(3) The requirement for the application of the price of gas supply to the customer pursuant to Article 4 (3) (b) (2) is to provide the customer with a declaration to the gas dealer in accordance with the model of the declaration set out in Annex 3 to this Regulation that he is the contracting authority under the Public Procurement Act and that only the Czech Republic or one or more local authorities are members.

(4) The requirement for applying the price of the gas supply to the customer pursuant to Article 4 (4) (a) is to provide the customer with a declaration in accordance with the model of the declaration set out in Annex 5 to this Regulation on the fact that it is small or medium-sized business1) and whether it produces electricity from the gas, the gas trader, at the point of demand, which provides the gas to the customer's demand point. For the period up to 30 April 2023, the provision of a customer's declaration, in accordance with the model of the declaration set out in Annex 8 to this Regulation, shall be subject to the application of the price for the supply of gas to the customer under the conditions laid down for the large business and shall be subject to the provision of a declaration by the customer in accordance with the model of the declaration set out in Annex 8 to this Regulation that he is a large entrepreneur or requires the supply of gas under the conditions laid down for the large business and that he produces electricity from the gas, gas trader, at the point of collection point of supply, to the customer. For the period after 30 April 2023, the provision of a customer's declaration in accordance with the model of the declaration set out in Annex 11 to this Regulation to a gas trader providing gas to the customer's demand point shall be subject to the requirement that he is a large entrepreneur or requires gas delivery under the conditions laid down for a large entrepreneur and does not exceed the maximum permissible asset benefit. The customer's declaration referred to in Article 4 (4) (b), in accordance with the model of the declaration set out in Annex 11 to this Regulation, shall include the statement of the report on the assessment of the existence of an excessive asset benefit under Section 8d (7) to the Ministry, provided that, during the period for the assessment of the existence of an excessive asset benefit, it has collected gas at a specified price.

(5) The requirement for the application of the price for the supply of gas referred to in Article 4 (4) (c) or (d) is to provide the customer with a declaration in accordance with the model of the declaration set out in Annex 6 to this Regulation to the gas dealer who provides the gas supply to the customer at the point of demand, that he operates the boiler at the point of demand, the heat energy source for the production of one customer or the heat energy source for the production of heat energy and its supply to the gas distribution plant, and that he provides data on the purpose of use of the gas to the extent and broken down in the statement set out in Annex 1 to this Regulation to the gas trader who provides gas to the customer's demand point of supply.

(6) Where a customer declares, in accordance with Article 4 (4) (a) or (b), that it produces electricity from gas at the collection point, the requirement for applying the price for the supply of gas to the customer is to provide the value of gas for the generation of electricity to the gas trader which provides the supply point of the customer, as set out in Annex 1 to this Regulation, if at the collection point it also consumes gas for the production of heat energy pursuant to § 4 (4) (c) or (d), otherwise in accordance with the statement set out in Annex 9 to this Regulation.

(7) Where, pursuant to Article 4 (3) (b), the customer produces electricity from gas at the point of collection point, the provision of the value of the gas used for the production of electricity to the gas trader providing the gas at the point of collection point shall be subject to the requirement for applying the price for the supply of gas to the customer, as set out in Annex 9 to this Regulation.

(8) The customer shall provide the declaration referred to in paragraphs 2 to 5 no later than the end of the calendar month preceding the month for which the gas supply price is to apply. The customer statement provided under paragraph 4 of the second sentence during the first calendar quarter of 2023 shall be valid until 30 April 2023. The customer statement provided under paragraph 4, third sentence, in the second or third calendar quarter of 2023 shall be valid until the end of the calendar month following the end of the calendar quarter. The customer statement provided under paragraph 4 of the third sentence during the last calendar quarter of 2023 shall be valid until 31 December 2023.

(9) The condition for applying the gas supply price is met until the customer notifies the gas trader of the change in the declared facts or the requirement to supply gas under the conditions laid down for a large entrepreneur. Where the customer notifies the gas dealer of a change to the declared facts or the requirement to supply gas under the conditions laid down for a large enterprise during a calendar month, the condition for applying the price for the supply of gas shall be deemed to have been fulfilled by the end of that calendar month. The customer shall provide the statement referred to in paragraphs 5 to 7 not later than the seventh day of the calendar month following the month at which the gas supply price is to be applied. The declaration or statement provided after the deadline referred to in paragraph 8 or the third sentence shall not be taken into account for the preceding calendar month. Where a customer who is a large entrepreneur or who has requested the supply of gas under the conditions laid down for a large entrepreneur, has notified that he does not apply the right to supply gas under the conditions laid down for a large entrepreneur for a further period, the sentences of the first and the second shall apply mutatis mutandis.

(10) If a customer ceases to be small or medium-sized business1), if he no longer meets other conditions for applying the price for the supply of gas or if he changes the declared facts, the customer is obliged to notify the gas trader without delay.

§ 7a

Classification

(1) In order to fulfil the substantive condition, whether it is a customer's point of demand of a household category or a retail customer, the classification of the customer's point of demand shall be based on the legislation governing the gas market rules according to the registration status of the market operator on the 20th day of the calendar month preceding the calendar month for which compliance is assessed.

(2) In order to ensure the supply of gas in an exceptional market situation under the conditions laid down in Paragraph 19g of the Energy Act, customers with an annual consumption of up to 630 MWh shall be deemed to be customers with a customer demand point classified as household or retail customers under the legislation governing the gas market rules. In order to ensure gas supply under the legislation governing gas supply security, customers with an annual consumption of over 630 MWh shall be considered to be customers with a customer demand point classified as medium or large customers under the legislation governing the rules of the gas market.

§ 8

Registration of sampling points for electric traction power supply

(1) The distribution system operator shall indicate through the market operator's system the sampling points for which it records the supply of electricity for electric traction.

(2) The market operator shall make available the data relating to the sampling points referred to in paragraph 1 to the electricity trader to which the sampling point in the market operator's system is assigned.

§ 8a

Maximum permissible asset benefit of a large entrepreneur

(1) The maximum permissible asset benefit of a large entrepreneur shall be set at the following amount and shall be identified as follows:

(a) the extent of the asset benefit of category A - the maximum permissible asset benefit of up to EUR 2 000 000;

(b) the extent of category B property benefits - the maximum permissible asset benefits up to 50% of the eligible costs of a large energy-supply operator, but not more than EUR 4 000 000;

(c) the extent of the asset benefit of category C - the maximum permissible asset benefit up to 40% of the eligible costs of a large energy supplier, but not more than EUR 100 000 000;

(d) the extent of the asset benefit of category D - the maximum permissible asset benefit up to 65% of the eligible costs of a large energy supplier, but not more than EUR 50 000 000, if the large enterprise is an energy-intensive customer and has achieved, for the period for which electricity or gas prices are determined by this Regulation, a decline in the pre-tax profit, plus an adjustment in the operating area and cost interest and similar costs and reduced by an adjustment for fixed assets and supplies (hereinafter referred to as "adjusted economic result,"), without taking into account the asset benefit obtained by electricity and gas at a fixed price compared to the reference period by at least 40% or reached for the period for which electricity or gas prices are set by this Regulation,

(e) the extent of the asset benefit of category E - the maximum permissible asset benefit up to 80% of the eligible costs of a large energy-supply operator, but not more than EUR 150 000 000, if the large enterprise is an energy-intensive customer in the selected sectors and if, for the period for which electricity or gas prices are set by this Regulation, the decline in the adjusted economic result, without taking into account the asset benefits obtained by the collection of electricity and gas at a fixed price compared to the reference period, or if, for the period for which electricity or gas prices are set by this Regulation, the negative adjusted economic result, without taking into account the asset benefits obtained by the collection of electricity and gas at a specified price.

(2) The reference period is 1 January 2021 to 31 December 2021.

(3) An energy-intensive customer is a large entrepreneur who has spent at least 3% of the annual net turnover total over the reference period or at least 6% of the net turnover total over the first 6 months of 2022 on the purchase of electricity or gas, including the cost of the related service in electricity or gas, heat energy or other energy products under CN codes 1507 to 1518, if they are to be used as fuel or fuel, 2701, 2702, 2704 to 2715, 2901, 2902, 2905 11 00, which are not of synthetic origin, if they are to be used as fuel or fuel, 3403, 3811, 3817, 3824 90 99, if they are to be used as fuel or propagent2).

(4) An energy-intensive customer in selected sectors is an energy-intensive customer who has achieved more than 50% of the annual net turnover over the reference period from one or more of the activities listed in Annex 12 to this Regulation.

(5) Eligible energy supply costs of ZN in CZK are determined according to the relationship

ZN = ΣE (pt, E-pref, E × 1,5) × qE,

where is

E electricity or gas,

pt average unit price of electricity or gas collected by a large entrepreneur in 2023 in CZK / MWh excluding value added tax, taxes on electricity or gas and prices for related services in electricity or gas,

pref the average unit price of electricity or gas collected by a large entrepreneur during the reference period in CZK / MWh excluding value added tax, electricity or gas tax, and the prices for the related electricity or gas service,

q 70% of the quantity of electricity or gas in MWh purchased and collected by a large enterprise during the reference period.

(6) The average unit price of electricity or gas pt is the price for the supply of electricity or gas agreed by a large entrepreneur for the period for which electricity or gas prices are determined by this Regulation for the supply of electricity or gas above the specified value of the electricity or gas collection. Where the price for the supply of electricity or gas, according to the first sentence, is not agreed at a specific level for the whole period for which electricity or gas prices are determined by this Regulation, the average unit price of electricity or gas pt shall be determined as the weighted average of the weighted averages of the agreed price of electricity or gas for the preceding calendar months and for the future period. For the part of the period for which prices of electricity or gas for which the actual amount of electricity or gas is not known by this Regulation, the planned amount of electricity or gas shall apply. For the part of the period for which electricity or gas prices are determined by this Regulation, for which the specific price of electricity or gas is not known, the weighted average agreed price of electricity or gas for the future period shall be determined on the basis of:

(a) the average electricity prices achieved on the day-ahead market by the market operator or the weighted average price at the EEX European Gas Market Index for the trading zone Czech Republic EGSI CZ by the 15th day of the first month of the calendar quarter starting for the first month of the calendar quarter;

(b) prices for the purchase of electricity or gas based on the basic forward product M for delivery in the Czech Republic published on the energy exchange PXE (POWER EXCHANGE CENTRAL EUROPE, a.s.) on the 15th day of the calendar month following the end of the calendar quarter for the second and third months already beginning;

(c) prices for the purchase of electricity or gas based on the basic forward product Q 23 for the uninitiated calendar quarter for delivery in the Czech Republic published on the energy exchange PXE (POWER EXCHANGE CENTRAL EUROPE, a.s.) on the 15th day of the calendar month following the end of the calendar quarter for the unbegun calendar quarter.

(7) Values of category of asset benefit ranges A to E fixed in EUR shall be reduced by the amount of other aid to cover the costs of the purchase of electricity and gas provided by a large enterprise and by the amount of aid to cover the costs of heat provided by a large enterprise in the case of the purchase of heat at a point of more than 10 000 GJ per calendar year for the period from 1 February 2022 to the end of the period for which electricity or gas prices are fixed by this Regulation, pursuant to a directly applicable European Union3) or by a decision of the European Commission approving other aid measures pursuant to Article 107 (3) (b) of the Treaty on the Functioning of the European Union. The value of the assets benefits of categories B to E, determined by the relative value of the eligible costs, shall be reduced by the amount of other aid to cover the costs of purchasing electricity and gas provided to a large entrepreneur and by the amount of aid to cover the thermal energy costs of a large enterprise in the case of heat collection at a point of more than 10 000 GJ per calendar year for the period from 1 January 2023 to the end of the period for which electricity or gas prices are fixed by this Regulation, under the directly applicable European Union3) or by a decision of the European Commission approving other aid measures pursuant to Article 107 (3) (b) of the Treaty on the Functioning of the European Union. Support under the first and second sentences shall not be regarded as compensation for indirect costs provided under the law governing the terms of greenhouse gas emission allowance trading.

(8) In the case of the extent of the asset benefit of categories C, D and E, the value of the adjusted economic result, taking into account the asset benefit obtained by the collection of electricity and gas at a specified price, for the period for which electricity or gas prices are determined by this Regulation, shall not exceed 70% of the value of the adjusted economic result achieved during the reference period. However, where the value of the adjusted profit or loss achieved in the reference period was negative, the value of the adjusted profit or loss shall not be positive for the period for which electricity or gas prices are determined by this Regulation.

§ 8b

Maximum permissible asset benefit for groups of persons

(1) Where a large entrepreneur is part of a group of persons who are part of a group of persons who are in a relationship with the controlling or controlled person or who are controlled by the same controlling person under the Commercial Corporation Act, the maximum permissible asset benefit of all members of that group shall be the highest of the range of assets of categories A to E set out in the EUR achieved by the members of that group of persons who, during the period for which electricity or gas prices are set by this Regulation, have obtained the asset benefit by taking electricity or gas at a specified price.

(2) Furthermore, the maximum permissible asset benefit for groupings of persons shall be reduced by the value of other aid granted to members of groupings of persons to cover the costs of purchasing electricity and gas or of producing heat energy supplied to members of groupings of persons under Section 8a (7).

(3) If the controlling person is the Czech Republic or a local self-governing entity, the maximum permissible asset benefit for a group of persons shall be assessed only for those members of a group of persons who are controlled by the same parent commercial corporation controlled by the Czech Republic or by the local government.

§ 8c

Reduction of the maximum permissible asset benefit of a large entrepreneur when exceeding the maximum permissible asset benefit for a group of persons

(1) Where the members of a grouping of persons referred to in Article 8b are aggregated for a period for which an assessment is made whether a large entrepreneur has obtained an excessive asset benefit, they shall exceed the value of the maximum permissible asset benefit for a group of persons, the value of the maximum permissible asset benefit or the actual asset benefit achieved shall be reduced if that value is lower than the extent of the asset benefit of the categories referred to in Article 8a, of each large enterprise from the group of persons by the value of K, to be determined as:

Ki = SIi × (max (iSIi-L; 0) iSIi),

where is

i	označení velkého podnikatele ze seskupení osob,
SI	nejvyšší přípustný majetkový prospěch nebo skutečně dosažený majetkový prospěch velkého podnikatele, pokud je tato hodnota nižší než nejvyšší přípustný majetkový prospěch velkého podnikatele,
L	nejvyšší přípustný majetkový prospěch pro seskupení osob.

(2) Where all members of a group of persons, as provided for in Article 8b, are assessed on the extent or method of reducing the maximum permissible asset benefits of large entrepreneurs different from paragraph 1, the maximum permissible asset benefits of each large enterprise of a group of persons shall be reduced, in aggregate, by the overall extent of exceeding the maximum permissible asset benefits of a group of persons, but always in such a way that no large entrepreneur of a group of persons exceeds the maximum permissible asset benefits of a large enterprise.

§ 8d

Period for the assessment of the existence of over-equity and the procedure for the assessment of over-equity

(1) The assessment of whether a large entrepreneur has benefited from excessive assets is carried out during and after the period for which electricity or gas prices are determined by this Regulation.

(2) During the period for which electricity or gas prices are fixed by this Regulation, the assessment of whether a large entrepreneur has received excessive assets shall be carried out by the 20th day of the calendar month following the end of the calendar quarter for the period from 1 January 2023 to the end of the previous calendar quarter.

(3) In assessing the existence of an excessive asset benefit by the collection of electricity at the customer's demand points referred to in § 4 (1) or by the collection of gas at the customer's demand points referred to in § 4 (3) or by the collection of gas pursuant to § 4 (4) (c) or (d) or by the collection of electricity or gas at a specified price for losses in the distribution systems under another regulatory provision (4).

(4) In the case of the extent of the asset benefits of categories C to E, when assessing the existence of an excessive asset benefit during the period for which electricity or gas prices are determined by this Regulation, the reasonably foreseeable value of the adjusted economic result for that period shall be based on that period.

(5) This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

(6) If a large entrepreneur is a member of a group of persons pursuant to § 8b, he shall assess whether, by taking electricity or gas at a fixed price, the maximum allowable asset benefit of a large entrepreneur has been exceeded, each of the large entrepreneur from a group of persons who, during the period of assessment of the existence of an excessive asset benefit, has collected electricity or gas at a fixed price, and shall also assess whether the maximum allowable asset benefit for a group of persons has not been exceeded.

(7) A large entrepreneur shall draw up a report on the assessment of the existence of an excessive asset benefit in accordance with the model set out in Annex 13 to this Regulation, provided that, during the period for the assessment of the existence of an excessive asset benefit, he has collected electricity or gas at a specified price. The report on the assessment of the existence of excessive asset benefits shall be submitted by a large entrepreneur to the Ministry in electronic form through the electronic application of the Ministry portal by the end of the calendar month in which he shall carry out the assessment for the period referred to in paragraph 2 or 5 at the latest. Part B of the report on the assessment of the existence of excessive asset benefits is processed by a large entrepreneur who is a member of a group of persons. A large entrepreneur may determine that part B of the report on the assessment of the existence of excessive assets is processed by another member of the same group of persons; in that case, the large entrepreneur does not process part B of the report on the assessment of the existence of excessive asset benefits. The report on the assessment of the existence of an excessive asset benefit may be submitted in a different way than through the electronic application of the Ministry's portal, if the Ministry publishes information on other means of submission on its website.

(8) The report on the assessment of the existence of excessive asset benefits submitted in a manner other than that referred to in paragraph 7 shall not be taken into account.

§ 8da

Correction of data in the report on the assessment of the existence of excessive asset benefits

The large entrepreneur shall be entitled to correct the facts or data in the report on the assessment of the existence of over-asset benefits by the end of the second calendar month following the end of the calendar month in which he carries out the assessment at the latest. The correction of facts or data shall be made by submitting a new report on the assessment of the existence of excessive assets in accordance with Section 8d (7).

§ 8e

Deadline for the payment of excess assets

(1) The excess asset payment shall be payable by the end of the calendar quarter in which the large entrepreneur makes an assessment for the previous period for the assessment of the excess asset benefit under Section 8d (2). The payment of over-asset benefits according to the first sentence shall be reduced by all over-asset benefits in the preceding period.

(2) The payment of the excess asset benefit, when assessing the existence of the excess asset benefit pursuant to Article 8d (5) after the end of the period for which electricity or gas prices are determined by this Regulation, is due until 30 June 2024. The payment of over-asset benefits according to the first sentence shall be reduced by all over-asset benefits in the preceding period.

§ 9

Correction of declarations and statements

(1) The customer is entitled to correct the facts in the customer statement or the data in the statement by the end of the second calendar month following the month in which the customer made the statement or by the end of the calendar month in the following month for which he provided the statement.

(2) The electricity or gas trader shall use the corrected facts from the customer's declaration or the data in the heat energy producer's declaration to account for the supply of electricity or gas for the settlement period or for the correct accounting for the supply of electricity or gas, provided that he has already made a proper bill for the supply of electricity or gas for the settlement period.

§ 10

Method of providing information for the application of electricity or gas supply prices

(1) Where the customer provides a declaration, notification or statement in accordance with § 6 or 7 (hereinafter referred to as "the specified information"), he is obliged to do so by means of an electronic system for the provision of specified information operated by an electricity or gas trader, provided that the electricity or gas trader operates such an electronic system while, at the same time, disclosing the information provided in this form on his website.

(2) Where an electricity or gas trader does not operate an electronic system for the provision of specified information, the customer shall provide the specified information through the data box of the electricity or gas trader or in the form of a data message signed by at least a recognised electronic signature and provided for electronic contact, which the electricity or gas trader shall establish and publish on his website, otherwise in paper form, at the address of the electricity or gas trader's registered office or at the delivery address published on his website.

(3) The transmission of the specified information by other means shall not be taken into account.

(4) The electricity or gas trader shall keep the specified information for at least 3 years from the date of its provision by the customer.

§ 11

Course conversion

(1) If the price for the supply of electricity or gas is agreed in a currency other than CZK and if the exchange rate is not agreed, the price for the supply of electricity or gas shall be used for the application of the price for the supply of electricity or gas declared by the Czech National Bank used by the electricity or gas trader to issue a tax document for the supply of electricity or gas, otherwise the rate declared by the Czech National Bank for the last working day of the accounting period of the supply of electricity or gas.

(2) In order to determine the price for the supply of electricity referred to in Article 3 (5), the price of electricity achieved on the day-ahead electricity market in EUR / MWh shall be converted into CZK / MWh at a daily rate rounded to two decimal places established by the Czech National Bank for the day on which the electricity is supplied, or at a daily rate rounded to two decimal places on the last preceding working day if the day on which the electricity is delivered is not a working day. The resulting price in CZK / MWh is rounded to CZK.

(3) The daily rate, rounded to two decimal places, established by the Czech National Bank for the last day of the period for the assessment of the excess asset benefit, or the daily rate rounded to two decimal places of the last preceding working day, shall be used for the calculation of the excess asset benefit.

§ 13

Transitional provisions

(1) The distribution system operator shall indicate in the market operator's system the sampling points for which it records the supply of electricity for electric traction by 5 January 2023.

(2) For the period of supply of electricity or gas in January 2023, the customer shall provide the electricity trader with a declaration in accordance with Article 6 (2), (3) and (5) or with a declaration in accordance with Article 7 (2) to (5) within 15 days of the date of entry into force of this Regulation. The declaration provided after the first sentence shall not be taken into account for the period of supply of electricity or gas in January 2023. Where a customer has provided a declaration to the electricity trader or gas dealer pursuant to Article 6 (2), (3) and (5) or Article 7 (2) to (5), in accordance with the model of the declaration set out in Annexes 2 to 8 to this Regulation, before the entry into force of this Regulation, such a declaration shall be deemed to be the first declaration.

(3) For the period of the first calendar quarter of 2023, a large entrepreneur shall report on the assessment of the existence of excessive asset benefits not earlier than 20 April 2023 and not later than 30 April 2023.

§ 14

Efficacy

(1) This Regulation shall enter into force on 1 January 2023, except for Article 12, which shall take effect on 1 November 2022.

(2) Paragraphs 1 (2), 2 (1) to (5), 3, 4 (5) to 7, 12 and 12 shall expire on 31 December 2023.

Transitional provisions introduced by Decree-Law No 28 / 2023 Coll.

1. For the period of supply of electricity or gas in January and February 2023, a large entrepreneur shall provide the electricity trader or gas dealer with a declaration in accordance with the second sentence of Article 6 (5) or Article 7 (4) of the second sentence of Government Regulation No 298 / 2022 Coll., as effective from the date of entry into force of this Regulation, until 3 February 2023. The declaration provided after the first sentence shall not be taken into account for the period of supply of electricity or gas in January and February 2023.

2. Where a customer has provided a declaration pursuant to § 6 (5), second sentence, or § 7 (4), second sentence, of Government Decree No 298 / 2022 Coll., as effective before the date of entry into force of this Regulation, such a declaration shall be deemed to be a customer declaration of being a major entrepreneur or requiring the supply of electricity under the conditions laid down for a large entrepreneur, pursuant to § 6 (5), second sentence, or § 7 (4), second sentence, of Government Regulation No 298 / 2022 Coll., as effective from the date of entry into force of this Regulation, for a period until 30 April 2023. Paragraph 13 (2), second sentence, of Decree No. 298 / 2022 Coll., as effective before the date of entry into force of this Regulation, shall not apply.

Prime Minister:

Prof. PhDr. Fiala, Ph.D., LL.M., v. r.

Minister for Industry and Trade:

Ing. Síkela v. r.

Příloha č. 1

Annex No 1 to Government Decree No 298 / 2022 Coll.

Příloha č. 2

Annex No 2 to Government Decree No 298 / 2022 Coll.

Příloha č. 3

Annex No. 3 to Government Decree No 298 / 2022 Coll.

Příloha č. 4

Annex No 4 to Government Decree No 298 / 2022 Coll.

Příloha č. 5

Annex No 5 to Government Decree No 298 / 2022 Coll.

Citation	Government Decree No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation and on the determination of the related maximum permissible extent of customer property benefits
Regulation Type	Regulation
Author	-
Collection	Code of Laws

Date of Promulgation	07.10.2022
Effective from	01.01.2023
Effective until	-
Status	Valid

Government Decree No. 298 / 2022 Coll.

Government regulation on the determination of electricity and gas prices in an exceptional market situation and the determination of the related maximum permissible extent of customer assets

Contents

§ 1

§ 2

§ 4

§ 5

§ 6

§ 7