Act No. 3 / 2020 Coll.
Act amending Act No. 406 / 2000 Coll., on Energy Management, as amended
Valid
Effective from 25.01.2020
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3
THE LAW
of 11 December 2019
amending Act No. 406 / 2000 Coll., on Energy Management, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 359 / 2003 Coll., Act No. 694 / 2004 Coll., Act No. 180 / 2005 Coll., Act No. 177 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 53 / 2012 Coll., Act No. 165 / 2012 Coll., Act No. 318 / 2012 Coll., Act No. 310 / 2013 Coll., Act No. 103 / 2015 Coll., Act No. 131 / 2015 Coll., Act No. 183 / 2017 Coll., Act No. 225 / 2017 Coll., is amended as follows:
1. In Section 1 of the Introductory Part of the Clause, the words "following the Union Regulation directly applicable to labelling requirements 22 'are inserted after the words" ("the Union') and '.
footnotes 1 and 22 are as follows:
"(1) Directive 2009 / 28 / EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 / 77 / EC and 2003 / 30 / EC. Directive 2009 / 125 / EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products. Directive 2010 / 30 / EU of the European Parliament and of the Council of 19 May 2010 on the labelling of energy-related products and standard product information. Directive 2010 / 31 / EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, as amended by Directive (EU) 2018 / 844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010 / 31 / EU on the energy performance of buildings and Directive 2012 / 27 / EU on energy efficiency, Regulation (EU) 2018 / 1999 of the European Parliament and of the Council of 11 December 2018 on the management of the energy union and climate action, amending Regulations (EC) No 663 / 2009 of the European Parliament and of the Council and (EC) No 715 / 2009, Directive 94 / 22 / EC, 98 / 70 / EC, 2009 / 31 / EC, 2009 / 31 / EC, 2012 / 27 / EU and 2013 / 30 / EU, Council Directive 2009 / 119 / EC and (EU) 2015 / 652 and repealing Regulation (EU) No 525 / 2013 of the European Parliament and Council. Directive 2012 / 27 / EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009 / 125 / EC and 2010 / 30 / EU and repealing Directives 2004 / 8 / EC and 2006 / 32 / EC.
22) Regulation (EU) 2017 / 1369 of the European Parliament and of the Council of 4 July 2017 establishing a framework for energy labelling and repealing Directive 2010 / 30 / EU. '
2. In Article 1 (b), the words "and the use of renewable and secondary energy sources' are deleted.
3. in Article 2 (1) (a), "gas" is replaced by "energy."
4. in Article 2 (1) (d):
'(d) a building or operation by the energy economy where energy consumption can be determined on the basis of measurable input and output; the integrated part of the energy economy is the territorial or procedural separate part of the energy economy that can be allocated on the basis of measurable input and output;';
5. in Article 2 (1) (e), the words "energy processes" are replaced by the words "energy management" and the words "process" are replaced by the words "energy management."
6. in Article 2 (1) (g):
"(g) a building automation and control system, a system consisting of all products, software and engineering services that support the energy-efficient, cost-effective and safe operation of the building's technical systems by means of automatic control and allow manual intervention for setting up certain input parameters;"
7. in Article 2 (1) (h):
"(h) a system of air conditioning equipment used to adjust the internal environment by cooling or adjusting the moisture content of the building;"
8. in Article 2 (1) (i):
"(i) a heating system for equipment used to adjust the internal environment in which the temperature which is part of the building increases;"
9. In Article 2 (1) (l), the words "air conditioning system 'are replaced by the words" air conditioning system'.
10. in Article 2 (1) (n):
"(n) by an energy audit, systematic control and analysis of energy consumption in order to obtain sufficient knowledge of existing energy management in the energy economy, identifying and quantifying the possibilities of cost-effective energy savings and reporting on findings;"
11. in Article 2 (1), the words "for heating or cooling purposes" shall be added at the end of the text in point (p).
12. in Article 2 (1) (r):
"(r) the total energy-related surface area of the building or the whole part of the building shall be the outer surface of all spaces with an internal environment being adjusted in all floors of the building or its integrated part;"
13. in Article 2 (1) (t), the words "or zones" shall be deleted and the words "adjacent non-heated building or adjacent zone of a building heated to a lower internal design temperature" shall be replaced by the words "or adjacent building."
14. in Paragraph 2 (1) (u):
"(u) the technical system of the building of equipment intended for space heating, space cooling, ventilation, humidity adjustment and lighting of the internal space of the building, hot water preparation, automation and control, local electricity generation or a combination of such systems, including those using renewable energy;"
15. in Paragraph 2 (1) (w), the word 'is' is' is replaced by 'should be';
16. in Paragraph 2 (1) (x):
"(x) adjusted by the indoor environment within the envelope of the building, which is defined by design temperature values for heating or cooling,"
17. in Article 2 (1) (z):
"(z) Central Institution Ministry, other Central Administrative Office, Czech National Bank, Chamber of Deputies, Senate, Constitutional Court, Supreme Court, Supreme Administrative Court, Supreme Public Prosecutor and Prison Service."
18. in Article 2 (2), points (c) and (d) are deleted;
Points (e) to (r) shall be renumbered as points (c) to (p).
19. in Paragraph 2 (2), point (d) is deleted;
Points (e) to (p) shall be renumbered (d) to (o).
20. in Article 2 (2), points (i) and (j) are deleted;
Points (k) to (o) shall be renumbered as points (i) to (m).
21. in Paragraph 2 (2), points (j) and (k) are deleted;
Points (l) and (m) shall be renumbered as points (j) and (k).
22. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (l) to (n) are added:
"(l) by efficient heating and cooling, the mode of heating or cooling which effectively reduces the amount of input primary energy necessary to supply the unit of energy to the building compared to the starting state, taking into account the energy needed to obtain the input primary energy, its conversion, transport and distribution;
(m) cooling the process of heat removal from the cooled area provided by the appropriate technical equipment to create the thermal comfort or required state of the internal environment;
(n) floors accessible space defined by two above each other by the supporting structures of the ceiling or rough floor on the ground or roof structure including the attic. ';
23. in Article 4, the following paragraphs 8 and 9 are inserted after paragraph 7:
"(8) The report on the application of the Territorial Energy Concept processed by the Region or the City of Prague contains an evaluation of the compliance of the Territorial Energy Concept with legislation, an evaluation of the consistency of the Territorial Energy Concept with the State Energy Concept, an evaluation of the changes to the conditions under which the Territorial Energy Concept was issued and an evaluation of the achievement of the objectives, instruments and measures of the Territorial Energy Concept in the past period. The report also contains requirements for the preparation of the proposal for updating the territorial energy concept. The annex to the report shall be the supporting documents used for its processing.
(9) The report on the application of the territorial energy concept developed by the municipality contains an evaluation of the compliance of the territorial energy concept with the legislation, an evaluation of the consistency of the territorial energy concept with the territorial energy concept adopted by the region, an evaluation of the changes to the conditions under which the territorial energy concept was issued and an evaluation of the achievement of the objectives, instruments and measures of the territorial energy concept in the past period. The report also contains requirements for the preparation of the proposal for updating the territorial energy concept. The annex to the report shall be the supporting documents used for its processing. ';
Paragraphs 8 and 9 shall be renumbered paragraphs 10 and 11.
24. In Part One of Title III:
"STATE SUPPORT PROGRAMME FOR ENERGY '.
25. Paragraph 5 (1) reads:
"(1) The State Programme to Support Energy Savings (hereinafter referred to as" the Programme ') is one of the tools to achieve the objectives of enhancing energy efficiency, reducing energy performance, including the use of combined electricity and heat generation, renewable and secondary sources in accordance with the approved state energy concept.';
footnote 3 is deleted.
26. in Paragraph 5 (2):
"(2) The programme is processed and evaluated by the Ministry."
27. in Article 5, paragraph 3 is deleted;
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
28. in Paragraph 5 (3), point (f), including footnote 1b, shall be deleted;
Points (g) to (o) shall be renumbered as points (f) to (n).
29. in Article 5 (3) (k):
"(k) preparing energy-saving projects aimed at reducing the energy performance of buildings and the energy economy,"
30. in Article 5 (3), the words "and energy services with guaranteed results" shall be added at the end of the text in point (n).
31. in Article 5, paragraph 5 shall be deleted;
32. in Article 6 (1), the words "in the case of newly set-up production plants and production plants which are subject to a change in the completed construction (4)" shall be replaced by the words "in the case of a newly set-up power plant or heat energy source, and in the case of a renewal of a power plant or heat energy source, the word" sources "shall be inserted after the words" production of electricity or ";
33.Paragraph 6 (2) reads as follows:
"(2) The builder or owner of the heating distribution installation shall ensure the efficiency of the use of the energy of the heating installation provided for in the implementing legislation for newly set up heating installations and for heating installations where a change in the finished building consists of a change in the heat transfer material. '
34. § 6a, including the title and footnote 5, reads:
Control of heating and air conditioning systems
(1) The owner of the building, the unit owners' community or, where the unit owners' community has not been established, the trustee (5) shall be required for an operating building heating system or a combined heating and ventilation system of a building with a rated power greater than 70 kW.
(a) ensure regular monitoring of the accessible parts of the system resulting in a written report on the control of the heating and combined heating and ventilation system;
(b) submit on request a report on the control of the heating system and the combined heating and ventilation system to the Ministry, the State Energy Inspection or the competent inspection body referred to in Article 13a (2);
(c) notify the Ministry of Control by the person referred to in paragraph 4 (b) and provide the Ministry with a copy of the authorisation of the person to carry out this activity under the legislation of another Member State of the Union.
(2) The owner of the building, unit owners' community or, if the unit owners' community has not been established, the administrator (5) is obliged to operate an air-conditioning system or a combined air-conditioning and ventilation system with a rated power exceeding 70 kW
(a) ensure regular monitoring of the accessible parts of the system resulting in a written report on the control of the air-conditioning system and the combined air-conditioning and ventilation system;
(b) submit on request a report on the control of the air-conditioning system and the combined air-conditioning and ventilation system to the Ministry, the State Energy Inspection or the competent inspection body referred to in Article 13a (2);
(c) notify the Ministry of Control by the person referred to in paragraph 4 (b) and provide the Ministry with a copy of the authorisation of the person to carry out this activity under the legislation of another Member State of the Union.
(3) The report on the control of the heating system and the combined heating and ventilation system referred to in paragraph 1 and the report on the control of the air conditioning system and the combined air conditioning and ventilation system referred to in paragraph 2 must be prepared in accordance with the implementing legislation referred to in paragraph 6.
(4) Control of the operated heating system or combined heating and ventilation system and control of the operated air conditioning system or combined air conditioning and ventilation system may only be carried out by:
(a) an energy specialist referred to in Article 10 (1) (c) or a person referred to in point (d); or
(b) a person established in another Member State of the Union, where he is entitled to pursue such activity under the law of another Member State of the Union; The Ministry is a recognition body under the special legislation5a).
(5) The obligation to ensure control referred to in paragraphs 1 and 2 shall not apply to heating systems, combined heating and ventilation systems, air conditioning systems and combined air conditioning and ventilation systems.
(a) for the control of which an automation and control system of a building is installed which complies with the requirements laid down in the implementing legislation;
(b) the operation of which is covered by an energy service contract pursuant to Paragraph 10e; or
(c) located in the buildings referred to in § 7 (5) (g) to (j).
(6) The implementing act provides for:
(a) the method of determining the nominal output of the heating or combined heating and ventilation system and the air conditioning system or combined air conditioning and ventilation system,
(b) the scope, frequency and method of carrying out the check;
(c) the model and content of the report on the control of the heating system and the combined heating and ventilation system and the control of the air conditioning system and the combined air conditioning and ventilation system;
(d) requirements for the building automation and control system.
(7) The national energy inspection shall annually check the reports referred to in paragraph 3; their number shall correspond to at least one twentieth of the reports issued in the previous calendar year.
5) § 1190 et seq. of Act No. 89 / 2012 Coll., Civil Code, as amended. '
35. in Article 7 (2), the introductory part of the provision reads:
"In the event of a major change in the completed building, the builder, the owner of the building, the unit owners' community or, if the unit owners' community has not been established, the administrator shall comply with the energy performance requirements of the building under the implementing legislation. The contractor shall, not later than the date on which the application for a building permit or the application for a common permit is placed and authorised, declare the construction or the application for a permit to change the building before completion of the construction with an impact on its energy performance or on the date of notification of such a change, and the other persons, in accordance with the first sentence, shall, in the case of a major change in the completed building which does not require a building permit or announcement, at the latest before the start of the change, be required to provide a proof of the energy performance of the building containing the evaluation. '
36. in Paragraph 7 (2), the comma at the end of point (b) shall be replaced by a dot and point (c) shall be deleted;
37. in Article 7 (3), the words "the owner of the building or community of the owners of the units" shall be replaced by the words "the owner of the building, the community of the owners of the units, or, where the community of owners of the units has not been established, the administrator shall";
38. in Article 7 (4) of the Introductory Part of the provision, the words "or, in the absence of an association of unit owners, the administrator" shall be inserted after the word "units."
39. in Article 7 (4), point (c) is deleted;
Points (d) to (g) shall be renumbered (c) to (f).
40. in Article 7 (4) (c), "cooling" is deleted;
41. in Article 7 (4), point (d) is deleted;
Points (e) and (f) shall be renumbered as points (d) and (e).
(42) In Article 7 (4) (e), the words "owner of a building or community of unit owners" are replaced by the words "owner of a building, community of unit owners, or, in the absence of a community of unit owners, the administrator."
43. In Article 7 (5) (b), the words "owner of a building or community of unit owners" are replaced by the words "owner of a building, community of unit owners, or, in the absence of a community of unit owners, the administrator."
44. in Article 7 (5) (e), "700 GJ" is replaced by "195 MWh."
45. in Article 7 (5) (f), the words "the owner of the building or community of the owners of the units" shall be replaced by "the owner of the building, the community of the owners of the units or, where the community of owners of the units has not been established, the administrator."
46. Paragraph 7 (6) is deleted.
Paragraphs 7 to 9 shall be renumbered paragraphs 6 to 8.
47. In Article 7 (8), the words "specific heat indicators for heating, cooling and hot water preparation" shall be deleted and the words "cooling" shall be replaced by "and measurements."
48. In Paragraph 7a (1) of the Introductory Part of the provision, the words "or the community of owners of units is required 'are replaced by the words", the community of owners of units or, in the event that the community of owners of units has not been established, the AIFM is obliged'.
49. in § 7a (1) (d):
"(d) to place the certificate in the building in accordance with the implementing legislation for which it has been required to obtain it pursuant to paragraph 1 (a) or paragraph 2 and whose energy reference area is equal to or greater than 500 m2, or paragraph 1 (b) and whose energy reference area is equal to or greater than 250 m2, at the same time as the building intended for public use,";
50. in Article 7a (1) (e), the words "or State Energy Inspection" shall be replaced by the words "State Energy Inspection or the competent control authority referred to in Article 13a (2)."
51. In Section 7a (2) of the introductory part of the provision, the words "or 'are replaced by a comma and the words" units' are inserted after the words "or, if the community of owners of units has not been established, the administrator '.
52. in Article 7a (2) (b), (c) and (e) and in Article 7a (3) (a), (b) and (d), the word "verified" shall be deleted;
53.In Article 7a (2) (e), the words "which they shall retain for 3 years" shall be inserted after the words "Part of the card."
54. In Paragraph 7a, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) to hand over, at the request of the owner of the unit, a licence or a copy thereof in accordance with paragraph 3, to:
1. 30 days from the date on which the application was lodged in the event that the document had already been issued; or
2.60 days from the date of submission of the application in the event that the document has not yet been issued. '
55. In Article 7a (3), at the end of the text of the introductory part of the provision, the words "a demonstrable way of fulfilling the obligation under this paragraph to require a licence from the unit owners' community or, in the absence of the unit owners' community, the AIFM and 'shall be added.
56. in Article 7a (3) (d), the words "which it has kept for 3 years" shall be inserted after the words "the graphic part of the card transmitted."
57. in Article 7a (4), point (c) is deleted;
Points (d) and (e) shall be renumbered (c) and (d).
58. in Article 7a (4) (c), the words "objectively, truthfully and completely" shall be replaced by "in accordance with the implementing legislation referred to in paragraph 6."
59. In Paragraph 7a, at the end of paragraph 4, the dot is replaced by a comma and the following point (e) is added:
"(e) include recommended measures to reduce the energy performance of the building; This obligation shall not apply to a licence which demonstrates the achievement of an exceptionally economical classification class for the total energy supplied and non-renewable primary energy under the implementing legislation referred to in paragraph 6. ';
60. In Article 7a (8), the words "including the unit 'are deleted.
61. In Paragraph 7a, the following paragraph 9 is inserted after paragraph 8:
"(9) The full part of the building may be processed only if the whole part of the building has its own heat or cold source independent of the rest of the building or has a separately measured and centrally regulated energy supply independent of the rest of the building. ';
Paragraphs 9 and 10 shall become paragraphs 10 and 11.
62. Paragraph 7a (11) is deleted.
Article 63 (8), including the title:
Energy labels
(1) Energy-related products subject to energy labelling requirements, the particulars of the labelling of these products by energy labelling, the design and content of energy labels and information sheets, the methods and procedures for measuring, the determination of energy efficiency class, the details of the technical documentation and the data required for distance sales are laid down in implementing legislation (10) or the Union directly applicable legislation on labelling requirements (22).
(2) The supplier is obliged to supply an information sheet in the Czech language and an energy label. '
64. Paragraph 8a (1), including footnote 23, reads as follows:
"(1) The list of energy-related products covered by ecodesign requirements, ecodesign requirements, CE marking requirements, content of the EC declaration of conformity, conformity assessment procedures and presumption of conformity of energy-related products, ecodesign requirements verification procedures, provision of information on and use of the energy-related product shall be laid down in implementing legislation (10) or directly applicable Union provisions governing ecodesign requirements (23).
23) For example, Commission Regulation (EC) No 1275 / 2008 of 17 December 2008 implementing Directive 2005 / 32 / EC of the European Parliament and of the Council as regards ecodesign requirements for the consumption of electricity from electrical and electronic equipment intended for household and off-mode, Commission Regulation (EC) No 107 / 2009 of 4 February 2009 implementing Directive 2005 / 32 / EC of the European Parliament and of the Council as regards ecodesign requirements for simple set-top-boxes, Commission Regulation (EC) No 244 / 2009 of 18 March 2009 implementing Directive 2005 / 32 / EC of the European Parliament and of the Council as regards ecodesign requirements for non-electric lamps for household. '
65. In Paragraph 8a (2) (a), the words "ecodesign requirements" shall be inserted after the word "conformity" and after the word "conformity," and the words "10) or the directly applicable Union ecodesign requirements shall be added at the end of the text of the letter."
66. In Article 8a (3), the words "or the Union regulation directly applicable to ecodesign requirements' shall be added at the end of the text of point (d).
67.In Paragraph 8a (3), the words "or a directly applicable Union regulation governing ecodesign requirements' shall be added at the end of the text of point (e).
68. In Article 8a, at the end of the text of paragraph 5, the words "or a Union regulation directly applicable to ecodesign requirements' shall be added.
69. In Section 8a, at the end of the text of paragraph 6, the words "or a Union regulation directly applicable to ecodesign requirements' shall be added.
70. Paragraph 9, including the title and footnotes 24 and 25, reads as follows:
Energy audit
(1) An entrepreneur who employs 250 or more persons with a minimum of 25% of his capital or voting rights or who has an annual turnover of more than CZK 1 300 000 or an annual balance sheet total of more than CZK 1 100 000 is obliged to provide an energy audit for the energy economy used or owned by him every 4 years. This obligation shall apply to an entrepreneur who fulfils the condition in the sentence of the first 2 consecutive calendar years. The method of determining the number of employees, the amount of annual turnover and the annual balance sheet total shall be laid down in implementing legislation.
(2) An undertaking which is not obliged to carry out the energy audit referred to in paragraph 1 shall ensure that the energy audit is carried out for the energy economy used by it if the average annual energy management over the last 2 consecutive calendar years exceeds 5 000 MWh.
(3) The Czech Republic, the Region, the Municipality, the State Aid Organisation of the State, the Region or the Municipality, the State Organisation established by Law 24), the State and the Public Higher School and the Czech National Bank are obliged to ensure that the energy audit is carried out for their own energy economy if the average annual energy consumption of the energy economy over the last 2 consecutive calendar years is above 500 MWh.
(4) The obligation to carry out the energy audit referred to in paragraph 1 shall not apply to entrepreneurs whose energy economy has an energy consumption of less than 200 MWh per year.
(5) The obligation to carry out the energy audit referred to in paragraphs 1 to 3 shall not apply to a person who has a certified energy management system for his energy economy established and accredited by a person in accordance with a harmonised technical standard governing the energy management system (19) whose scope corresponds to the scope of the energy audit.
(6) An energy audit carried out in accordance with paragraphs 2 and 3 shall be valid for 10 years or until the change in the energy economy has taken place, after two consecutive years, for a change of more than 25% in the energy management of the energy economy annually compared to that of the current energy audit. Before the expiry of the energy audit, the person concerned shall assess the energy management data referred to in paragraph 2 and the person referred to in paragraph 3 the energy consumption data for the 2 years preceding the expiry of the energy audit.
(7) The scope of the energy audit covers all the integrated parts of the energy economy of the audited person. The energy audit of persons referred to in paragraph 3 shall not include the buildings referred to in Article 7 (5) (g) to (j). The method of carrying out the energy audit shall be carried out in accordance with a harmonised technical standard governing the principles of carrying out energy audits, the requirements for routine processes during energy audits and the outputs of energy audits25). The findings of the energy audit shall be drawn up in the form of a written report on the energy audit carried out, the content and manner of which shall be laid down in the implementing legislation.
(8) The energy audit must:
(a) be carried out only:
1. the relevant energy specialist referred to in Article 10 (1) (a); or
2. a person established in another Member State of the Union, where he is entitled to pursue that activity under the law of another Member State of the Union; The Ministry is a recognition body under the special legislation5a); and
(b) be carried out within 1 year of the occurrence of the obligation on the basis of the energy management data for the 2 years preceding the occurrence of the obligation and must be carried out in accordance with the legislation. The Czech Republic, the Region, the Municipality, the State Aid Organisation, the Region or the Municipality, the State Organisation established by Law 24), the State and Public Higher Education School and the Czech National Bank, with an average annual energy consumption of the energy economy over the last 2 consecutive calendar years of 35 000 MWh and higher, shall carry out an energy audit within 3 years of the creation of the obligation,
(c) be carried out in accordance with the implementing legislation and the harmonised technical standard governing energy audits (25).
(9) Furthermore, those who have been required to ensure that the energy audit referred to in paragraphs 1 to 3 is carried out must:
(a) submit, on request, an energy audit to the Ministry, State Energy Inspection or to the competent control authority referred to in Article 13a (2);
(b) notify the Ministry of Energy Audit by the person referred to in point (a) (2) of paragraph 8 and provide the Ministry with a copy of the authorisation of the person to carry out this activity under the legislation of another Member State of the Union.
24) For example, Act No. 77 / 2002 Coll., on the public limited company České dráhy, state organization Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on State Enterprise, as amended.
25) ČSN ISO 50002 - Energy audits - Requirements with instructions for use. '
71. in Article 9a (1) of the introductory part of the provision, the words "where the community of owners of units has not been established," shall be inserted after the words "units or";
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Regulation Information
| Citation | Act No. 3 / 2020 Coll., amending Act No. 406 / 2000 Coll., on Energy Management, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.01.2020 |
|---|---|
| Effective from | 25.01.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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