Act No. 310 / 2013 Coll.
Act amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll., and other related laws
Valid
Law
Effective from 02.10.2013
310
THE LAW
of 13 September 2013
amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll., and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Act on Supported Energy Sources
Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll., is amended as follows:
1. in Article 4 (6) (b), the dot at the end is replaced by a comma and the following point (c) is added:
"(c) produced by a renewable electricity producer who, if in the form of a public limited company or a legal form similar to a public limited company, does not have issued exclusively library shares or, where applicable, who, if he is a foreign person, does not submit a declaration of which persons are owners of shares whose aggregate nominal value exceeds 10% of the producer's capital, indicating the source on which the information on the size of the shareholder's shares is based.";
2. In Section 4, paragraph 10 is added:
"(10) Aid for electricity from renewable sources, including electricity from renewable sources, in the case of co-incineration of renewable sources and non-renewable sources and bioliquids, shall only apply to electricity produced in electricity plants put into service until 31 December 2013 inclusive. This does not apply to aid for the production of electricity using water energy in electricity plants for the installed output of 10 MW. In the case of bioliquids, the aid shall apply only to electricity produced from bioliquids until 31 December 2013, including in electricity plants put into service until 31 December 2013 inclusive. ';
3. In Article 5, the following paragraph 7 is inserted after paragraph 6:
"(7) The promotion of electricity from secondary sources shall not apply to electricity produced by the electricity producer from secondary sources, which, if in the form of a public limited company or a legal form similar to a public limited company, does not have exclusively registered shares issued, or which, if a foreign person, does not provide an honest statement as to which persons are owners of shares whose aggregate nominal value exceeds 10% of the producer's capital, indicating the source on which the information on the size of the shareholders' shares is based. '
Paragraph 7 shall become paragraph 8.
4. In Article 6, the following paragraph 5 is inserted after paragraph 4:
"(5) The aid for electricity from high-efficiency cogeneration shall not apply to electricity produced by the electricity producer, which, if in the form of a public limited company or a legal form similar to a public limited company, does not have exclusively registered shares issued, or which, if a foreign person, does not provide an honest statement as to which persons are owners of shares whose aggregate nominal value exceeds 10% of the producer's capital, indicating the source on which the figures on the size of the shareholders' shares are based. '
Paragraph 5 shall become paragraph 6.
5. In Article 12 (1) (b), the words "with the exception of a renewable electricity plant using water power of up to 10 MW installed power," shall be inserted after the words "after the entry into service of the power plant."
6. In Paragraph 12 (4), "paragraph 7 'is replaced by" paragraph 8' and "paragraph 5 'is replaced by" paragraph 6'.
7. Paragraph 13 (1) reads as follows:
"(1) The market operator shall charge the regional distribution system operator and the transmission system operator the price to cover the costs associated with the electricity support pursuant to Article 28 (4) and the regional distribution system operator and the transmission system operator shall be obliged to pay it to the market operator. The arrangements and dates for charging and paying the price for the costs associated with the promotion of electricity shall be laid down in implementing legislation. ';
8. In Article 14, the words "from 1 January 2013 to 31 December 2013 'are replaced by the words" from 1 January 2014 for the duration of the electricity right' and the words "1 January 2009 'are replaced by the words" 1 January 2010'.
9.
Input rate
The rate of the levy on the basis of the levy is in the form of:
(a) purchase prices of 10%;
(b) a green electricity bonus of 11%. ';
10. in Article 24 (6) (d), the dot at the end is replaced by a comma and the following point (e) is added:
"(e) heat produced by a heat producer from a renewable source which, if in the form of a public limited company or a legal form similar to a public limited company, does not have exclusively registered shares issued, or where it is a foreign person, does not provide an honest statement of which persons are owners of shares whose aggregate nominal value exceeds 10% of the producer's capital, indicating the source on which the figures on the size of the shareholders' shares are based.";
11. in Article 25, the following paragraph 6 is added:
"(6) The investment aid for heat shall not apply to heat producers from renewable sources which, if in the form of a public limited company or a legal form similar to a public limited company, do not have exclusively registered shares issued, or where it is a foreign person, shall not provide an honest statement as to which persons are owners of shares whose aggregate nominal value exceeds 10% of the producer's capital, indicating the source on which the information on the size of the shareholders' shares is based. ';
12.
Financing of electricity and operating heat
(1) The costs of the electricity and operating heat promotion are borne by the market operator through funds consisting of:
(a) revenue from the payment of the price to cover costs associated with the promotion of electricity;
(b) revenue from payments for non-compliance with the minimum efficiency of the use of energy in the combustion of brown coal under Section 6 (5) of the Energy Management Act;
(c) subsidies from State budget resources pursuant to paragraph 2; and
(d) recovered by the aid and the penalty paid pursuant to Paragraph 51;
the market operator has the right to cover the costs associated with the promotion of electricity and the operating heat.
(2) The Government shall, by regulation, lay down the means of the State Budget to grant subsidies to cover part of the price of electricity to customers and to cover operating heat aid, by 31 October of the calendar year preceding the calendar year for which the Office sets the price for the costs associated with the support of electricity. The resources of the State Budget for the grant shall be determined in accordance with the amount of the funds referred to in paragraph 1 (a) and (b), in such a way as to ensure, together with them, that the total expected funds are covered by the costs associated with the promotion of electricity and the operating heat.
(3) The Office sets the price for the cost of the electricity support up to a maximum of CZK 495 / MWh. The price to be paid for the costs associated with electricity support is determined by the Office under the Price Act.
(4) The price to be paid for the costs associated with the electricity promotion
(a) a customer for the quantity of electricity consumed by it;
(b) a producer operating a power plant for the quantity of electricity consumed by it, including the quantity of electricity consumed by another electricity market participant without the use of a transmission or distribution system;
(c) the transmission or distribution system operator for other consumption;
except for the quantity of electricity consumed for pumping of pumped-in hydropower plants consumed by a customer in an island operation in the territory of the Czech Republic, it is demonstrated that it is separate from the electricity system, consumed for the technological self-consumption of electricity and consumed to cover losses in the transmission and distribution systems.
(5) The transmission system operator and distribution system operator shall reimburse the market operator for the funds obtained on the basis of the price accounting for the costs associated with the electricity support referred to in paragraph 4. The dates and conditions for reimbursement as set out in the first sentence of the transmission system operator and distribution system operator shall be laid down in implementing legislation.
(6) The funds for the promotion of electricity and the operating heat support provided for in Articles 9 (3), 13 (2) and 26 (6) are held separately by the market operator in special accounts.
(7) When setting prices for the following calendar year under the legislation governing the way prices in the energy sector are regulated and price regulation procedures 17), the Authority shall take into account the differences between the costs actually incurred and the revenues associated with the promotion of electricity and the operating heat support for the previous calendar year.
(8) The actual total costs of a market operator shall be the sum of the total funds paid to the producers referred to in Article 9 (3) and of the heat producers referred to in Article 26 (6) and the total funds paid to the buyer under Article 13 (2). The actual revenues of the market operator shall be the funds actually paid in accordance with paragraph 1.
(9) The Authority shall provide the market operator with data on the licence holders and data from the licensing decisions issued and the Ministry with data on the holders of certificates of origin of electricity from high-efficiency cogeneration and certificates of origin of electricity from secondary sources to the extent necessary for its operation.
17) Decree No. 140 / 2009 Coll., on the ways of regulating prices in energy sectors and price regulation procedures, as amended. '
13. in Article 30 (5) (b), the dot at the end is replaced by a comma and the following point (c) is added:
"(c) biomethane, produced by a biogas biomethane producer, which, if in the form of a public limited company or a legal form similar to a public limited company, does not have issued exclusively library shares, or where it is a foreign person, does not provide an honest statement as to which persons are owners of shares whose aggregate nominal value exceeds 10% of the producer's capital, indicating the source on which the information on the size of the shareholders' shares is based."
14. In Article 30, the following paragraph 8 is added:
"(8) The aid for biomethane shall apply only to biomethane produced until 31 December 2013 inclusive. '.
15. In Paragraph 37, the following paragraph 4 is added:
"(4) The support for the decentralised generation of electricity shall not be granted to the electricity producer from the decentralised electricity production plant, which, if in the form of a public limited company or a legal form similar to a public limited company, does not have exclusively registered shares issued, or where it is a foreign person, does not provide an honest statement as to which persons are owners of shares whose aggregate nominal value exceeds 10% of the producer's capital, indicating the source on which the information on the size of the shareholders' shares is based. '
16. in Article 53 (2) (i), the words "the component of the electricity transmission price and the electricity distribution price to cover" shall be replaced by the words "the price to pay."
17. in Article 53 (2) (l), the words "prices to cover costs associated with the promotion of electricity" shall be inserted after the words "hourly prices."
18. In Article 53, at the end of paragraph 2, the dot is replaced by a comma and the following point (o) is added:
"(o) the deadlines and conditions for the payment of funds by the TSO and the distribution system operator.";
Transitional provisions
1. The holder of the authorisation for the construction of a renewable electricity plant using wind energy, geothermal energy, water energy or biomass energy, issued before the date of entry into force of this Act, which will put that power plant into operation within 6 years of the authorisation, shall be entitled to support electricity from renewable sources pursuant to Act No. 165 / 2012 Coll., as effective before the date of entry into force of this Act. The preceding sentence shall apply mutatis mutandis to electricity producers producing electricity from renewable sources using wind energy, geothermal energy, water energy or biomass energy, the location of which has been initiated by the zoning procedure before 18 August 2011 and which shall put that production into service within 6 years of the decision being taken but not later than 31 December 2021.
2. The holder of the authorisation to build a power plant with a power output of up to 100 kW from renewable sources using wind energy, geothermal energy, water energy or biomass energy, issued before the date of entry into force of this Act, which includes, by 31 December 2015, that power plant shall be entitled to the promotion of electricity from renewable sources pursuant to Act No. 165 / 2012 Coll., as effective before the date of entry into force of this Act.
3. Law No 165 / 2012 Coll., as effective before the date of entry into force of this Act, shall apply to the levy on electricity from solar radiation, as well as to the rights and obligations related thereto, arising before the date of entry into force of this Act.
Amendment to the Energy Management Act
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. 574 / 2006 Coll., Act No. 393 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 299 / 2011 Coll., Act No. 53 / 2012 Coll., Act No. 165 / 2012 Coll., and Act No. 318 / 2012 Coll., is amended as follows:
1. in Article 7 (4) (b), the words "and copies of authorisations under Article 10f" shall be deleted;
2. Paragraph 10d, including the title, reads:
Person authorised to install selected renewable energy installations
(1) The person authorised to carry out the installation of selected installations producing energy from renewable sources (hereinafter referred to as "the person authorised to install") is the natural person who holds:
(a) business licence for water-plumbing and heating, for the installation, repair and reconstruction of refrigeration equipment and heat pumps, for the installation, repair, revision and testing of electrical equipment or for the stove; and
(b) the relevant certificate of professional qualification under the Law on the Recognition of the Results of Further Education not earlier than 5 years of age.
(2) Cross-border installations producing energy from renewable sources may be installed by a person established in another Member State of the Union if they are authorised to carry out that activity under the legislation of another Member State of the Union; The Ministry shall be a recognition body in accordance with the Specific Legislation (5a). ';
3. Sections 10e to 10g, including the headings, are deleted.
4. in Article 11 (1), points (l) and (m) are deleted;
Points (n) to (p) shall be renumbered as points (l) to (n).
5. in Article 12a (1), point (n) shall be deleted;
Point (o) shall be renumbered as point (n).
6. in Article 12a (3) (a), the words "or in accordance with paragraph 1 (n)" shall be deleted;
7. in Article 12a (3) (c), "o)" is replaced by "n."
8. In Article 14 (4), the words ", 10d, 10e 'are deleted.
Amendment to Act No. 318 / 2012 Coll.
In Article III of Act No. 318 / 2012 Coll., amending Act No. 406 / 2000 Coll., on Energy Management, as amended, the words "which take effect on 1 January 2015 and the provisions of Article I (17) as regards the provisions' are replaced by the words" and 'and the words "which take effect on 1 January 2014' are replaced by the words" which take effect on 1 January 2015 '.
EFFECTIVE
This Law shall take effect on the day of its publication, with the exception of the provisions of Article I (7), (8) and (9), which shall take effect on 1 January 2014, and of Article I (1), (3), (4), (6), (10), (11), (13) and (15), which shall take effect on 1 July 2014.
Zeman v. r.
Rusnok v. r.
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Regulation Information
| Citation | Act No. 310 / 2013 Coll., amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll., and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.10.2013 |
|---|---|
| Effective from | 02.10.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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