Full text of Act No 314 / 2009 Coll.
Full text of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as resulting from subsequent amendments
Valid
Declared full text
Text versions:
11.09.2009
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 12a
§ 13
§ 14
§ 15
§ 16
§ 17
§ 17a
§ 17b
§ 18
§ 19
§ 19a
§ 20
§ 20a
HLAVA II
Díl 1
§ 21
§ 22
§ 23
§ 24
§ 24a
§ 25
§ 25a
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33 až 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
Díl 2
§ 55
§ 56
§ 57
§ 58
§ 58a
§ 59
§ 59a
§ 60
§ 61
§ 61a
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 67a
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 73a
§ 74
§ 75
Díl 3
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81 až 85
§ 86
§ 87
§ 88
§ 89
HLAVA TŘETÍ
§ 90
§ 91
§ 91a
HLAVA ČTVRTÁ
§ 92
§ 93
§ 94
§ 95
HLAVA PÁTÁ
§ 96
§ 97
§ 97a
§ 98
§ 98a
§ 99
§ 100 až 103
§ 104
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314
PRESIDENT OF THE GOVERNMENT
announces the full text of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Acts (Energy Act), as follows from the amendments made by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 670 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., and Act No. 158 / 2009 Coll.
THE LAW
on terms and conditions of business and the exercise of state administration in the energy sector (Energy Act)
Parliament has decided on this law of the Czech Republic:
CONDITIONS OF ENTERPRISE AND PERFORMANCE OF STATE MANAGEMENT IN ENERGY SECTORS
GENERAL PART
Subject matter
This law incorporates the relevant regulations of the European Community1), building on the directly applicable regulations of the European Community1a) and governing the conditions of business, the exercise of government administration and regulation in the energy sectors of electricity, gas and heat, as well as the rights and obligations of natural and legal persons associated therewith.
Definition of terms
(1) For the purposes of this Act:
(a) an energy service of activities that lead to increased energy efficiency and primary energy savings;
(b) the defined territory of the territory in which the holder of the licence for the distribution of electricity, gas distribution or heat distribution carries out the licensed activity;
(c) increasing energy efficiency by increasing energy efficiency in the end-user due to technological or economic changes;
(d) energy savings in the amount of energy saved by measuring or estimating consumption before or after the implementation of one or more energy efficiency improvement measures, while ensuring normalisation of the external conditions affecting energy consumption;
(e) by a provider of energy services, a natural or legal person who provides energy services or offers other measures to improve the energy efficiency of the user's equipment or within its building and carries a certain degree of financial risk.
(2) Furthermore, for the purposes of this Act:
(a) in electricity
1. an interconnected set of lines and equipment with a voltage of 110 kV, with the exception of selected lines and devices with a voltage of 110 kV, and lines and devices with a voltage of 0,4 / 0,23 kV, 1,5 kV, 3 kV, 6 kV, 10 kV, 22 kV, 25 kV or 35 kV to ensure the distribution of electricity in the defined territory of the Czech Republic, including measuring, protection, control, signalling, information and telecommunications technology including electrical connections owned by the distribution system operator; the distribution system is established and operated in the public interest,
2. a secondary energy source, a usable energy source whose energy potential arises as a by-product in the conversion and final consumption of energy, in the release from bituminose rocks or in the energy recovery or disposal of waste and substitute fuels produced on the basis of waste or in other economic activities;
3. an electrical connection to a device which starts by diverting from the switching elements or connectors in and outside the power station from the transmission or distribution system line and is intended to be connected to a demand facility,
4. by an electrical station, a set of structures and installations of the electricity system which allows the transformation, compensation, conversion or transmission and distribution of electricity, including the means necessary to ensure their operation;
5. the electricity system interconnected set of equipment for the production, transmission, transformation and distribution of electricity, including electrical connections, direct lines, and systems of measurement, protection, control, signalling, information and telecommunications technology, in the Czech Republic,
6. combined production of electricity and heat of the conversion of primary energy into electricity by electrical and useful heat in a joint simultaneous process in one production facility;
7. measuring equipment all equipment for measuring, transferring and processing the measured values;
8. the point of sampling where one customer's demand facility is installed, including the measuring transformers to which the electricity supply takes place;
9. by a derogation, the sum of the differences between actual and agreed supplies or electricity withdrawals over a given period of time;
10. Support services for the activities of natural or legal persons whose installations are connected to an electricity system which is designed to provide system services and which are usually activated by the supply of regulatory energy,
11. Direct lines of electricity lines connecting electricity generation not connected to the transmission system or distribution system, and a demand point not electrically connected to the transmission system or distribution system, or electricity lines providing direct supply to the electricity producer's own plants, its controlled companies or customers, and not owned by the transmission system operator or distribution system operator;
12. transmission system interconnected set of lines and devices 400 kV, 220 kV and selected lines and devices 110 kV, listed in the Annex to the Transmission System Operation Rules, for the purpose of ensuring the transmission of electricity for the whole territory of the Czech Republic and the interconnection with the electricity systems of neighbouring States, including systems of measurement, protection, control, signalling, information and telecommunications technology; the transmission system is established and operated in the public interest,
13. Electricity provided by the activation of support services or in the balancing market for regulatory energy or electricity provided by the transmission system operator abroad,
14. the clearing entity is the natural or legal person for which the market operator carries out the evaluation, settlement and settlement of the derogations under the derogation settlement contract;
15. system services of the transmission system operator's activities to ensure the reliable operation of the electricity system with regard to the operation within the interconnected electricity systems;
16. type diagram of the diagram characterising the annual electricity consumption of the customer used to evaluate deviations,
17. a vertically integrated entrepreneur holding at least one of the licences for the transmission of electricity or the distribution of electricity and at least one of the licences for the production of electricity or trade in electricity, or a group of entrepreneurs, provided that their relationship is in line with the immediately binding provisions of the European Community1b) and holds at least one of the licences for the transmission of electricity or the distribution of electricity and at least one of the licences for the production of electricity or trade in electricity;
18. The regulatory energy balancing market managed and organised by the market operator in coordination with the TSO,
19. A natural or legal person receiving electricity by means of a demand facility connected to a transmission or distribution system which only consumes or accounts for the purchased electricity;
20. Power generation installations for the conversion of different forms of energy into electricity, including all necessary installations; a power plant with a total installed power output of 100 MW or more, with the possibility of providing support services to ensure the operation of the electricity system, is set up and operated in the public interest,
(b) gas
1. an interconnected network of high-pressure, medium-pressure and low-pressure pipelines, gas connections owned by the distribution system operator and related technological objects, including a system of control and signalling technology and equipment for the transfer of information for computer and information systems activities not directly linked to compressor stations and on which the gas distribution is provided by the gas licence holder; the distribution system is established and operated in the public interest,
2. the main gas closure cap of the sampling gas plant which separates the sampling gas plant from the gas pipeline connection;
3. measuring equipment all equipment for measuring, transferring and processing the measured values;
4. the sampling point of the place where the sampling gas installation of one customer to which the gas supply measured by the measuring device is carried out is installed;
5. gas sampling devices, all devices starting with the main gas closure, including end-use gas equipment; is not a measuring device;
6. a derogation from the difference between actual and agreed gas deliveries or withdrawals for the whole business day,
7. the gas system interconnected set of facilities for the production, transport, distribution and storage of gas, including a system of control and signalling equipment and equipment for the transfer of information for computer and information systems for the operation of such facilities,
8. Gas equipment all gas equipment except gas sampling equipment,
9. Gas natural gas, lamp gas, coke oven gas, gas degas and generator gas, biogas, propane, butane and their mixtures, unless used for motor vehicle propulsion;
10. Gas pipeline equipment for pipeline transport of gas by transmission or distribution system and direct and mining pipelines,
11. a gas pipeline connection to a device starting with a departure from the transmission or distribution system pipeline and ending before the main gas closure; This device serves for connecting the gas sampling device,
12. gas equipment for gas production and treatment, underground gas storage, liquefied gas storage, gas storage, filling plants, liquefaction, evaporation, compression and control stations, low-pressure, medium-pressure, high-pressure and direct gas pipelines, gas connections, mining pipelines, sampling gas facilities, related technological equipment,
13. underground gas container gas equipment, including related technological objects and control and signalling equipment and information transfer equipment for gas storage operations; the underground gas storage tank is established and operated in the public interest,
14. third-party access rights of a gas market participant to conclude a contract with a transmission system operator, distribution system operator or gas storage tank operator to ensure the relevant licensed activity under this Act;
15. transmission system interconnected set of high-pressure gas pipelines and compression stations and related technological objects, including control and signalling equipment and equipment for the transmission of information for computer and information systems activities, linked to gas systems abroad, on which the gas licence holder operates; the transport system is established and operated in the public interest,
16. by direct pipeline, a pipeline which is not part of a transmission or distribution system and which is additionally set up for the supply of gas to a customer and serves only for the customer's own needs;
17. a decisive source of gas by a state in whose territory more than 50% of the total annual gas consumption in the Czech Republic has been extracted,
18. The combined gas collection facility of the gas collection facility in the owner's property through which the gas is supplied to customers in that property,
19. Settlement entity of a gas market participant for which the market operator carries out an evaluation, clearing and settlement of derogations under the derogation settlement contract;
20. Technical rule the rule expressing the state of technical knowledge and technology in the gas sector,
21. Gas pipeline connecting gas to the transmission system or distribution system or other gas pipeline;
22. pressure level of maximum operating pressure for gas equipment specified in technical standards or technical rules;
23. Type supply diagram describing the annual flow of gas consumption for customers whose sampling points are not equipped with continuous measurements used to evaluate consumption,
24. a vertically integrated gas entrepreneur who holds at least one of the gas transport, storage or distribution licences, and at the same time at least one of the gas production or trade licences, or a group of entrepreneurs whose relations correspond to a direct binding regulation of the European Community1b) and who carry out at least one of the gas transport, gas distribution or gas storage activities and at least one of the gas production or gas trade activities;
25. free capacity the difference between the technical capacity of the transmission system or distribution system or underground gas storage tank or gas pipeline and the sum of all contracted capacity over a given period of time, respecting the contractual pressures and capacities necessary for the relevant licence holder to ensure the safety and reliability of the operation of the relevant gas installation;
26. A natural or legal person collecting gas by means of a collection gas system connected to a transmission or distribution system or to a mining pipeline which only consumes or accounts for the gas collected;
(c) heating
1. by the distributor of heat energy, the owner or charterer of the distribution heat equipment by which the heat energy is transported or transformed and supplied for further use to another natural or legal person,
2. the supplier of heat energy, the natural or legal person supplying heat to another natural or legal person; the supplier may be the manufacturer, distributor and also the owner or community of owners providing heat energy as a supply provided with the use of apartments or non-residential premises or for technological purposes;
3. by the supply of heat energy, the supply of heat or cold energy for further use by another natural or legal person; the supply of heat energy for further use is made in the public interest,
4. by the final consumer, a natural or legal person who only consumes the supplied heat energy;
5. by the thermal energy buyer the distributor, owner or community of the owners of the demand heat equipment; the consumer may also be the final consumer; the supply of heat energy directly to the final consumer is subject to direct sampling for all final consumers in a centrally heated building,
6. by taking the heat energy supply from the manufacturer or distributor for final consumption or further use,
7. the point of collection, instead of the place of supply provided for in the heat energy supply contract, in which the heat energy passes from the supplier's ownership to the customer,
8. heat sampling equipment of equipment connected to the source or distribution of heat energy intended for internal distribution and consumption of heat energy in the building or part of it, or in the customer's set of objects,
9. heat energy distribution by transport, accumulation, transformation of parameters and supply of heat energy by heating distribution,
10. heat distribution equipment of heat energy transport equipment consisting of heat networks, transmission stations and home transmission stations; the heat sampling device is not part of the heat distribution device;
11. an integrated building work, technically connected by one common heat collection device,
12. useful heat heat produced in the cogeneration process for supply to a centralised heat supply system or for further use for technological purposes, with the exception of self-consumption heat and power used for further conversion into electrical or mechanical energy.
Entrepreneurship in the energy sector
(1) Entrepreneurship in the energy sector is the production of electricity, the transfer of electricity, the distribution of electricity and the trading of electricity, the activities of the market operator, the production of gas, the transport of gas, the storage of gas and the trade in gas, and the production of heat and the distribution of heat energy.
(2) The transmission of electricity, the transport of gas, the distribution of electricity and the distribution of gas, the storage of gas, the production and distribution of heat energy are carried out in the public interest.
(3) Under the conditions laid down by this Act, natural or legal persons may only engage in business in energy sectors within the Czech Republic on the basis of a licence granted by the Energy Regulatory Authority. Licences under this Act shall not be required for the trade, production, distribution and storage of lamp gas, coke oven gas, degas and generator gas, biogas, propane, butane and their mixtures, unless it is a distribution by pipeline systems to which more than 50 sampling points are attached, and for the production of heat energy intended for the supply to final consumers by one thermal source located in or outside the same object for the same purpose. Furthermore, a licence under this Act shall not be granted for an activity where a customer or customer provides the collected electricity, gas or thermal energy to another natural or legal person through its own or operated electrical, gas or thermal demand facility, the cost of purchasing electricity, gas or heat energy to such persons merely discharging it in an agreed or determined manner and is not a business. In the case of electrical equipment, discounting is possible only for equipment up to and including 52 kV.
Licences
(1) Licences shall be granted for a maximum of 25 years, namely:
(a) electricity generation;
(b) gas production;
(c) electricity transmission;
(d) the transport of gas;
(e) electricity distribution;
(f) gas distribution;
(g) gas storage;
(h) heat energy generation;
(i) heat distribution.
(2) Licences for trade in electricity or gas are granted for a period of 5 years. The licence for the activities of the market operator shall be granted for a period of 25 years.
(3) For the whole territory of the Czech Republic they are issued as exclusive
(a) electricity licences;
(b) gas licences; and
(c) licences for the activities of the market operator.
(4) Where an applicant for a licence referred to in paragraph 1 provides evidence of ownership or other right of use for an energy installation intended to carry out the licensed activity for a period of less than 25 years, the licence shall be granted for a maximum of that period.
Conditions for granting licences
(1) The condition for granting a licence to a natural person is:
(a) reaching the age of 18;
(b) full legal capacity;
(c) integrity,
(d) the competence or provisions of the representative responsible pursuant to Article 6.
(2) Where a legal person applies for a licence, the conditions laid down in paragraph 1 (a) to (c) must be met by the members of the statutory authority. Furthermore, the provision of an agent responsible is a condition for granting a licence to a legal person.
(3) A natural or legal person applying for a licence must demonstrate that he has the financial and technical capacity to carry out the licensed activity. The natural or legal person applying for a licence shall be required to demonstrate the right of ownership or use to an energy facility to perform the licensed activity. Where an applicant for a licence is not the owner of an energy installation, he shall also demonstrate the consent of the owner of the energy installation to use it for the purposes defined by this Act, at least for the period for which the licence is to be granted. Energy equipment shall have a technical level corresponding to the legislation and technical standards. The financial assumptions shall not be required to demonstrate the applicant for a power generation licence if the installed electricity output of the power plant is less than 200 kW or the applicant for a heat generation licence is less than 1 MW.
(4) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.
(a) for an offence committed intentionally for an unconditional prison sentence of at least 1 year;
(b) for an offence committed intentionally, the nature of which is linked to an enterprise and which is not covered by point (a); or
(c) for a criminal offence committed out of negligence, the nature of which relates to the subject matter of the energy business;
unless he's looked at as if he's not convicted.
(5) The professional qualification for the licensing provided for in Article 4 (1) shall be understood as completed technical university education and 3 years of professional experience in the field or full secondary technical training with graduation and 6 years of experience in the field. For the production of electricity or heat energy into the installed output of the production plant 1 MW including and the separate distribution or distribution of heat energy with an installed power up to and including 1 MW, training in the field and 3 years of experience in the field or retraining to operate small energy sources or similar certificates issued in another State is sufficient. For the production of electricity from renewable sources to the installed output of the 20 kW production plant, there is no obligation to demonstrate competence.
(6) The financial assumptions are the applicant's ability to finance the operation of the activity for which a licence is required and the ability to secure commitments for at least 5 years. The financial assumptions of the applicant shall not be met if, over the past 3 years, the court has annulled the bankruptcy against the applicant's assets because the timetable order has been complied with, or the court has annulled the bankruptcy because the bankruptcy's assets are not sufficient to cover the costs of the bankruptcy, or the court has rejected the application for bankruptcy for lack of assets. The applicant for a licence shall not be financially eligible if he has registered arrears in taxes, duties and charges, social security contributions, contributions to state employment policy or general health insurance and fines.
(7) The approval of the State Nuclear Safety Authority is necessary to grant a licence for the production of electricity or heat in nuclear installations.
Responsible representative
(1) The responsible representative, if established, is responsible for carrying out the licensed activity under this Act.
(2) The representative responsible shall comply with the conditions for granting the licence referred to in Article 5 (1).
(3) The office of the responsible representative may always be performed for one licence holder.
(4) Where the licence holder is a legal person, he shall always appoint a responsible representative. Where the licence holder is a natural person, he shall designate a responsible representative unless he himself fulfils the requirement of professional competence.
(5) The responsible representative of a legal person may not be a member of the Supervisory Board or any other supervisory body of that legal person.
(6) The provisions of the responsible representative of the licence holder shall be approved by the Energy Regulatory Authority.
(7) If, in the course of the performance of the licensed activity, the responsible representative ceases to perform his or her duties or ceases to fulfil the conditions for the performance of the duties of responsible agent, the holder of the licence shall be obliged to propose a new representative within 15 days. Pending the approval of the new responsible representative, the holder of the licence shall be responsible for carrying out the licensed activity.
Licence application
(1) Licences shall be granted upon written request.
(2) The application for a licence shall contain:
(a) the name and surname, permanent residence, birth number, if any, or date of birth; where the responsible representative is appointed, the following information concerning the responsible representative,
(b) subject matter, place and scope of business, list of establishments, for licences for distribution and distribution also defined territory;
(c) the business firm, if the applicant is registered, and the identification number, if assigned;
(d) the required period for which the licence is to be granted and the proposed date for the start of the licensed activity;
(e) in the case of a foreign natural person resident outside the Czech Republic, the place of residence in the Czech Republic, if any, the location of the organisational component in the Czech Republic and the information referred to in point (a) concerning the leading organisational component; If the responsible representative or manager is a person residing outside the Czech Republic, his place of residence in the Czech Republic if he resides in the Czech Republic.
(3) The application for a licence shall contain:
(a) the business firm or the name and registered office of the legal person, the name and surname, the birth number and the identification number, if any, and the residence of the person or persons acting as statutory body or members of the legal entity and the manner in which they act on behalf of the legal person;
(b) the object, place and extent of the business, the list of establishments, the distribution and distribution licences and the designated territory;
(c) the identification number, if assigned;
(d) details of the responsible representative;
(e) the required period for which the licence is to be granted and the proposed date for the start of the licensed activity;
(f) for a foreign legal person, the location of the organisational component in the Czech Republic and the data referred to in point (a) concerning the management of the organisational component; if the responsible representative or manager is a person residing outside the Czech Republic, his place of residence in the Czech Republic, if he resides in the Czech Republic.
(4) The application referred to in paragraphs 2 and 3 shall be accompanied by:
(a) a copy of the contract or instrument establishing or establishing a legal person for persons entered in a trade or similar register shall be sufficient to extract from that register; a foreign legal person shall attach an extract from a commercial or similar register held in the State of the registered office and proof that its organisational component in the territory of the Czech Republic is entered in the commercial register if its registration has already been carried out and proof of the operation of the business abroad;
(b) in the case of a natural person, a person who is a statutory authority or a member thereof, and an agent responsible, an extract from the foreign criminal record or an equivalent document issued by the authority of the State of which he is a citizen, as well as the State where the last person has remained continuously for at least 6 months in the last 3 years; if the State does not issue such documents, a declaration of integrity made before the competent authority of that State; such documents or declarations may not exceed 6 months;
(c) documents proving the competence of the natural person and the responsible agent;
(d) documents proving financial and technical assumptions;
(e) documents proving the right of ownership or use to an energy installation;
(f) a statement by the responsible representative that he agrees to the provision in office and that he is not appointed as the responsible representative for the licensed activity with another licence holder;
(g) for a foreign natural person, proof of permanent residence, unless it is a natural person who is a citizen of a Member State of the European Union; a foreign natural person who establishes in the territory of the Czech Republic an organisational component of the enterprise, a document proving that he has an undertaking outside the territory of the Czech Republic and evidence of its operation,
(h) evidence of the location of the establishment or territory defined.
(5) For the purpose of demonstrating the integrity of the applicant, the Energy Regulatory Authority shall, in accordance with the specific legislation (1d), request an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form through public data networks.
(6) The Energy Regulatory Authority shall, in order to demonstrate the financial assumptions that the applicant does not have to register arrears in taxes, fees, work or arrears in respect of social security contributions and contributions to national employment policy, require the financial authority, the social security administration and the customs administration to issue documents or verify such fact in the public administration information system, unless the applicant has added such documents to the licence application or the application for amendment of the licence decision.
(7) The application for the issue of documents shall be transmitted electronically through public data networks. The tax authority, the social security administration and the customs authority shall issue the documents requested within 7 days of receipt of the request.
(8) Where a licence has been revoked pursuant to § 10 (2) (b) or (c) of this Act, a licence for business in the same sector may be granted to such a person not earlier than 3 years after the legal authority of the decision to revoke the licence.
(9) The licence applicant shall notify the Energy Regulatory Authority without delay of any changes to the information contained in the licence application and in the documents attached to the licence application that occurred after the licence application has been submitted.
Licence award
(1) The Energy Regulatory Authority shall decide on the granting of a licence on the basis of compliance with the conditions for granting it pursuant to Article 5.
(2) The decision granting the licence shall include:
(a) the commercial firm of the natural or legal person to whom the licence is granted, where it is registered; otherwise the name and surname, if any, if it is a natural person, or the name, if it is a legal person, the identification number, if it has been assigned, registered or resident, the birth number and, if it has been assigned, the date of birth,
(b) the object, place and extent of the business; for licences for the distribution of electricity, the distribution of gas and the distribution of heat energy, the territory also defined;
(c) the technical conditions which the licence holder is obliged to comply with in the course of the licensed activity;
(d) the start date of the licensed activity;
(e) the period for which the licence is granted and the date on which the licence is granted;
(f) the approval of the responsible representative pursuant to Article 6;
(g) the list of the establishments for which the licence is granted or the list of designated territories or specifications of the distribution or distribution facilities for which the licence is granted;
(h) in the case of a foreign natural person, the name and surname, birth number and identification number, if otherwise assigned, the date of birth, residence outside the Czech Republic, place of residence in the Czech Republic, where authorised, location of the organisational component in the Czech Republic, if established, and details of the responsible representative, if established; for a foreign legal person, the name, registered office, identification number, if assigned, location of the organisational component in the Czech Republic and details of the responsible representative.
(3) Only one licence may be issued for each production, transmission, transport, distribution or distribution facility and for each gas storage facility.
(4) Where the Energy Regulatory Authority requests confirmation or other document from a public authority or from the Register of Penalties referred to in Article 7 (5) from the date of dispatch of the request until the date of receipt of the certificate or other document, the time limit for the decision shall not run.
(5) The Energy Regulatory Authority will decide to grant a licence to a foreign person even before entering a commercial register, subject to the conditions laid down in this Law.
(6) At the request of the founder or, where applicable, the authority or person or persons authorised to apply for registration of a Czech legal person in a commercial register, the Energy Regulatory Authority shall decide to grant a licence before registration in that register if it is established that a legal person has been established.
(7) Where the person referred to in paragraph 5 or 6 does not submit an application for registration within 90 days of the date of receipt of the decision granting the licence or is not granted, the validity of the decision granting the licence shall cease to be valid.
(8) The list of decisions granting, amending or revoking the licence and the content of those decisions, with the exception of data subject to commercial secrecy, shall be published by the Energy Regulatory Authority in the Energy Regulatory Journal.
Amendments to the decision granting the licence
(1) The holder of the licence must immediately notify the Energy Regulatory Authority of changes to the conditions for granting the licence pursuant to Article 5 and of any changes to the information and documents provided for in the application for a licence pursuant to Article 7, provide evidence thereof and request amendment of the decision granting the licence.
(2) On the basis of the notification referred to in paragraph 1, the Energy Regulatory Authority shall decide to amend the decision granting the licence or to revoke the licence pursuant to Article 10 (2) and (3).
(3) Amendments to the licensing decision may also be decided by the Energy Regulatory Authority on its own initiative where it becomes aware of the facts justifying the change.
(4) Paragraph 8 shall apply to the decision to amend the decision granting the licence. In the case of a decision to amend the decision to grant a licence to the activities referred to in Article 3 (2) resulting in a reduction of the demarcated territory, a narrowing of the list of establishments for which a licence has been granted or a limitation of the scope of the business, the provisions of Article 10 (4) to (9) shall apply mutatis mutandis.
(5) In the event of an extension of the number of establishments, a change in the technical parameters of existing establishments or a change in the scope of the defined territory, the holder of the licence shall be entitled to start carrying out the licensed activity in those establishments or in the designated territory on the date of the decision amending the decision granting the licence.
(6) If the holder of the licence applies for an extension of the licence for trade in electricity or gas not earlier than 6 months and not later than 90 days before the expiry of the period for which the licence was granted, the Energy Regulatory Authority shall decide to extend the period for which the licence was granted, but not more than the period laid down in Article 4 (2). Licences for trade in electricity or gas shall not fall under the law of the decision on the application for extension.
(7) The application of a natural person to extend the period for which a licence has been granted shall contain the particulars referred to in Article 7 (2). The application of a legal person to extend the period for which a licence has been granted shall contain the particulars referred to in Article 7 (3). The documents referred to in Article 7 (4) shall not be required unless they are substantiated in the event of reasonable doubts as to the fulfilment of the conditions for granting the licence by the Energy Regulatory Authority. Paragraph 7 (5) and (6) shall apply mutatis mutandis.
Termination of licences
(1) The licence expires
(a) in the case of natural persons, by death or by declaration of death;
(b) the disappearance of a legal person;
(c) the expiry of the period for which the licence was granted;
(d) a decision by the Energy Regulatory Authority to revoke the licence.
(2) The Energy Regulatory Authority shall revoke the licence if its holder:
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 12a
§ 13
§ 14
§ 15
§ 16
§ 17
§ 17a
§ 17b
§ 18
§ 19
§ 19a
§ 20
§ 20a
HLAVA II
Díl 1
§ 21
§ 22
§ 23
§ 24
§ 24a
§ 25
§ 25a
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33 až 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
Díl 2
§ 55
§ 56
§ 57
§ 58
§ 58a
§ 59
§ 59a
§ 60
§ 61
§ 61a
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 67a
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 73a
§ 74
§ 75
Díl 3
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81 až 85
§ 86
§ 87
§ 88
§ 89
HLAVA TŘETÍ
§ 90
§ 91
§ 91a
HLAVA ČTVRTÁ
§ 92
§ 93
§ 94
§ 95
HLAVA PÁTÁ
§ 96
§ 97
§ 97a
§ 98
§ 98a
§ 99
§ 100 až 103
§ 104
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Regulation Information
| Citation | Full text of Act No. 314 / 2009 Coll., Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.09.2009 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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