Government Decree No. 308 / 1997 Coll.
Government Regulation amending and supplementing Government Regulation No. 251 / 1994 Coll., laying down the conditions for granting and financial settlement of a subsidy from the State's thermal energy budget supplied for heating home buildings
Valid
Regulation
Effective from 01.01.1998
Text versions:
01.01.1998
18.12.1997
308
GOVERNMENT REGULATION
of 26 November 1997
amending and supplementing Government Regulation No 251 / 1994 Coll., laying down the conditions for granting and financial settlement of the subsidy from the state budget for thermal energy supplied for heating home buildings
The Government orders pursuant to § 11 of Act No. 268 / 1994 Coll., on the State Budget of the Czech Republic for 1995:
Government Decree No 251 / 1994 Coll., laying down the conditions for the granting and financial settlement of a subsidy from the state budget for thermal energy supplied for heating domestic buildings, is amended and supplemented as follows:
1. Article 1 (1), including footnote 1, reads as follows:
"(1) Where heat energy for heating and for heating of utility water (hereinafter referred to as" heat energy ') is supplied to apartments heated from a central heat supply system or from block or home boilers and into family homes 1) connected to central heat supply (hereinafter referred to as "home building'), subsidies from the state budget shall be granted subject to the conditions laid down below.
1) Paragraph 44 (1) of Decree No. 83 / 1976 Coll., on General Technical Requirements for Construction, as amended by Decree No. 45 / 1979 Coll. and Decree No. 376 / 1992 Coll. '.
2. Article 1 (3), including Notes 2), 3) and 3a) shall read as follows:
"(3) The subsidy shall be granted if:
(a) the price of heat energy agreed between the supplier and the customer or the price created by the customer who produces the heat energy himself will be higher than CZK 350 / GJ at the entrance to the heated building or higher than CZK 315 / GJ at the transfer station or more than CZK 294 / GJ at the entrance to the house when delivered from the primary distribution network;
(b) the relevant Territorial Inspectorate of the State Energy Inspection shall examine the conformity of the production and supply of heat energy from producers (suppliers) with the conditions laid down in the specific Regulation (m2) and give the applicant an expert opinion. If the competent authority finds that the operation and technology of the heating do not correspond to the costs included in the price to which it is subject, it shall, when issuing its expert opinion, request the relevant Financial Directorate to verify the validity of the calculation of the producer (supplier) price (s) referred to in the specific regulation, 3)
(c) they are not flats and related common areas in houses built without the participation of public funds designated by special legislation3a), with a decision of approval issued after 30 June 1996.
2) Sections 30, 32 and 38 of Act No 222 / 1994 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on State Energy Inspection.
3) Act No. 526 / 1990 Coll., on Prices, as amended by Act No. 135 / 1994 Coll. and Act No. 151 / 1997 Coll. Dimension of Ministry of Finance No 01 / 98.
3a) Paragraph 3 (8) of the Decree of the Ministry of Finance No. 176 / 1993 Coll., on rent from the apartment and payment for the supply provided with the use of the apartment, as amended by Decree No. 30 / 1995 Coll. and Decree No. 274 / 1995 Coll. '
3.
"(5) The subsidy shall be granted at the level of the difference between the factually adjusted price of the heat energy agreed in accordance with the special regulations (3) when supplied by the manufacturer or supplier or by a customer who produces the heat energy for his own home object (hereinafter referred to as the manufacturer's price) and the price of the heat energy for the household 350 CZK / GJ at the entrance to the heated building or 315 CZK / GJ at the transfer station or 294 CZK / GJ at the entrance to the house when supplied from the primary grid. The floor area of the house used for the enterprise (3b) or the area of other premises shall not be included in the calculation of the subsidy. (c)
(3b) Paragraph 2 (1) of the Commercial Code.
3c) Decree of the Ministry of Industry and Trade No. 245 / 1995 Coll., laying down rules for heating and supply of hot water, including the breakdown of costs of buildings and between final consumers. "
4. Paragraph 2 (2), first sentence, reads: "The collector shall submit the application to the competent tax office by 10 January of the current year at the latest, individually for each house. The expert opinion of the State Energy Inspection Regional Inspectorate shall be forwarded by the customer within 10 days of receipt. ';
5. In the fourth sentence of Paragraph 2 (2), the following words shall be inserted after the words "join ':" The expert opinion of the State Energy Inspection Authority, as referred to in Section 1 (3) (b), "
6. In Paragraph 2, the following paragraph 7 is inserted after paragraph 6:
"(7) When changing the application during the year, the customer shall indicate the quantity of heat energy collected (GJ) for the floor area of the flats at the date of the new application. If this data could not be ascertained, the proportion of thermal performance shall be applied to annual costs. 3c) '.
Paragraph 7 shall become paragraph 8.
7. In Article 3 (4), the words "value added tax contained in regulated prices' are replaced by the words" the difference between the amounts of value added tax contained in the producer's price and the household price '.
8. In the second sentence of Article 4 (1), the words "and the explanatory notes are given 'shall be inserted after the words" the model' and the words "is given 'shall be deleted.
9.
"(4) In the financial settlement of the subsidy, overpayments with arrears within one home building or one sampling point may not be compensated, except for compensation for the resulting impact of the heat energy bill for heating, with the resulting impact of the heat bill for heating of the useful water. ';
10. Annex No 1 is replaced by the new Annex No 1 to the same designation, including explanatory notes.
11. Annex 2 is replaced by the new Annex 2, including the explanatory notes, and reads: "Financial settlement of the subsidy on thermal energy from the state budget for 199."
Transitional and repeal provisions
1. Financial settlement of subsidies granted for 1997 shall be carried out in accordance with Government Decree No 251 / 1994 Coll., as amended until 31 December 1997.
The grant expires on 31 May 1998.
3. Decree of the Government of the Czechoslovak Socialist Republic No 22 / 1971 Coll., establishing the list of raw materials, products, performances and services whose prices are determined by the Federal Price Office, is hereby repealed.
This Regulation shall enter into force on 1 January 1998.
Prime Minister:
Prof. Ing. Klaus CSc.
Minister of Finance:
Ing. Pilip v. r.
Příloha č. 1
Annex No 1 to Government Decree No 251 / 1994 Coll.
REQUEST FOR A SUBSIDY TO THE HEALTH ENERGY OF THE STATE BUDGET FOR 1998
EXPLANATORY NOTES TO APPLICATION
Sl. 1 - Name of individual manufacturer or supplier of heat energy (name, address) by individual object (address of individual boiler, including designation of objects to which they supply heat energy)
Sc. 2 - Complete the total of floor surfaces of residential and non-residential spaces for the house object. In this column, the total floor area shall not be recalculated according to the coefficients set out in the MPO Decree No 245 / 1995 Coll., laying down the heating and supply rules for utility water, including the breakdown of costs for objects and between final consumers.
sl. 2a - To complete the sum of the floor areas of the apartments which serve for permanent housing. The apartment is used by a natural person for the purpose of living in his family. The floor area is the area of the rooms in the apartment other than the lodžie and balcony (Decree No. 245 / 1995 Coll., § 6 (5)), i.e. the area of all the space inside the apartment whether or not they are directly heated. The total of the floor surfaces of the flats does not include the areas of apartment accessories located outside the apartment (cellars, storage areas which are not specially heated).
sl. 2b - Fill only the floor area of the space which serves purposes other than housing. The non-residential space is used by a natural or legal person for other purposes (e.g. offices, shops, retail stores, garages, restaurants, barbers). The floor area of non-residential spaces is the area of all rooms inside the non-residential space (including anoraks, halls, corridors, etc.). The area will be adjusted by the coefficients set out in Annex 1 to MPO Decree No 245 / 1995 Coll. This column includes floor areas of flats which are not permanently inhabited or which are not subject to subsidies.
sl. 2c - Sum of floor area of flats (2a) and floor area of non-residential premises adjusted coefficients (2b).
The spaces in the house, which are neither apartments nor non-residential spaces, are the spaces of the others (common areas such as laundry, dryer, stroller). All consumers shall participate in the heating costs of these premises in proportion to their share of the heating costs. Therefore, the area of these spaces is not indicated.
3 - The price of the heat energy producer per unit of quantity (1 GJ) shall be reported in the relevant year according to the contract between the heat energy producer and its customer, in accordance with the respective price ratio of the Ministry of Finance.
sl. 4 - The price of CZK 350 / GJ, CZK 315 / GJ, respectively CZK 294 / GJ of thermal energy for households listed in § 1 (3) (a) of the Decree of the Government.
If the heat energy for the heating of the useful water is measured at a location other than the entrance to the heated home building, this must be distinguished by the price already in the application and the supply of heat energy.
S5 - It shall be stated in accordance with the contract concluded between the manufacturer and the thermal energy customer, the presumed amount of heat energy for the relevant year in GJ. For home boilers, the consumption of heat contained in the fuel and the efficiency of the heat source (according to the price scale of the Ministry of Finance applicable for the year concerned) is based.
Sl. 5a - The amount of heat energy required for the housing covered by the subsidy shall be calculated as follows:
(sl. 2a: sl. 2c) x sl. 5
with regard to non-measured supplies from central heat supply systems at the entrance to heated buildings, this is the consumption measured at the transmission station.
sl. 6 - The subsidy requirement for 1998 is calculated as follows (sl. 3 - sl. 4) x sl. 5a.
Sr. 7 - The financial office calculated the subsidy rounded to CZK.
Sb. 8 - It shall be retained for the purposes of the competent financial authority, e.g. the deduction of GJ consumption at the date of modification of the application.
Note:
1. All figures with the exception of column 3 (heat energy price in fact) are rounded to integers (up to 0,5 down, from 0,5 inclusive up).
2. In the case of individual lines, it shall be added whether heat energy is supplied for heating or for heating utility water or a combination thereof.
The owner or administrator of the heated home building (delete as appropriate, or add further relation to the home building according to government regulations).
I. Indicates:
| a) | IČO ............................................................... | ||||||||
| b) | číslo autorizačního rozhodnutí Ministerstva průmyslu a obchodu posledního dodavatele tepelné energie ................................................... | |
(c)
| zda je plátcem daně z přidané hodnoty | ANO - NE |
| zda poslední dodavatel je plátcem daně z přidané hodnoty | ANO - NE |
II.
1. Proof of ownership of the property, i.e. an extract from the property register or replacement document (only exceptionally in new cases):
(a) the approval decision (copy or certified copy);
(b) a real estate transfer contract;
(c) settlement or certificate by notarial registration;
(d) a delimitation protocol with an extract from the Commercial Register;
(e) a certified proof that the house for which the subsidy is requested is held in the assets in its accounts.
2. Contract with the producer or supplier of heat energy for the relevant year, in the case of home boilers, the calculation of the price of heat energy.
3. Expert opinion of the Regional Inspectorate of State Energy Inspection.
III. He met:
with Government Decree No 251 / 1994 Coll., laying down the conditions for the granting and financial settlement of the subsidy from the state budget for thermal energy supplied for heating domestic buildings, as amended by Government Decree No. 308 / 1997 Coll.
IV. Confirm:
(a) the accuracy, trueness and completeness of the particulars referred to therein;
(b) the fact that it is not aware that an application for a subsidy has been submitted to the indicated house buildings by another entity.
V. Obligations:
that it does not sell the house buildings to which it applied for the subsidy, without the knowledge of the competent tax office, without having carried out the financial settlement of the subsidy and having returned any overpayment to the State budget.
| ............................................... |
| podpis vlastníka (správce) |
Příloha č. 2
Annex No 2 to Government Decree No 251 / 1994 Coll.
FINANCIAL EQUIPMENT OF THE SUBSIDY TO THE HEALTH ENERGY OF THE STATE BUDGET FOR 199.
SECURITISATIONS FOR FINANCIAL EQUIPMENT
(all figures except for point 4 are rounded to the nearest 0,5 and from 0,5 up)
Table Header:
to be indicated
- manufacturer or last supplier of heat energy
- the date of the request submitted to the Financial Office and the dates of any amendments.
In rows 1a - 11, it is necessary to complete (unless otherwise specified for a particular line) the information which was in the applications submitted.
Total amount of eligible own funds to meet SCR
Vý1b - amount of heat energy in GJ according to applications also related to floor area (2b)
* 2a - Total floor area, the figure is identical (or lower) to sl. 2c of the application
2b - floor area of flats, the figure is identical (or lower) to sl. 2a of the application
DESIGN 3a - the heat energy price actually paid (up to the maximum mentioned in the application); calculation: ¡1a x ¡4
VÍ3b - actual thermal energy costs up to their calculated above in the application in cases where the owner of the building is also the producer (supplier) of the heat energy
DETERMINATION OF THE EXPOSURES The price that has been incorporated into individual subsidy applications or, where applicable, the lower if the producer has reduced the price compared to the contract (the higher price option is not possible without a new contract with the customer) shall be indicated. The price must be in accordance with the ratio of the Ministry of Finance applicable for the year in question
DEV5 - the price for 1 GJ of the apartment must be in line with the corresponding ratio of the Ministry of Finance
DEV6 - payment of thermal energy costs from apartment users, the user of the apartment is obliged to participate in the price of the cost of the amount of heat that he has actually withdrawn; calculation: ¡1a x ¡5
ANNEX 7a - This row shall be completed by both the payer and the non-payer of VAT. The amount of the subsidy, including VAT, actually to be paid; Calculation: AMEA 3a (or AMEB) - AMENDMENT 6
S.7b - only to VAT payers. The amount of the subsidy, excluding VAT, actually to be paid; Calculation: VAT
Ví8a - year-round subsidy requirement according to applications, no indication other than that in the applications submitted
ZV8b - State budget subsidy actually granted by the Financial Office
SECTION 9 - Quantification of the excess subsidy; calculation: Sjó8b - Sjó7 (7a or 7b, in the case of VAT payer)
SECTION 10 - Quantification of non-payment of the subsidy; calculation: Sjó8b - Sjó7 (7a or 7b, in the case of VAT payer)
DESIGN 11 - Filled only by VAT payers
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Regulation Information
| Citation | Government Decree No. 308 / 1997 Coll., amending and supplementing Government Decree No. 251 / 1994 Coll., laying down the conditions for granting and financial settlement of the subsidy from the state budget for thermal energy supplied for heating home buildings |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.1997 |
|---|---|
| Effective from | 01.01.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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