Decree No. 326 / 2018 Coll.
Decree amending Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended by Decree No. 416 / 2016 Coll.
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Effective from 01.01.2019
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326
DECLARATION
of 18 December 2018
amending Decree No 349 / 2015 Coll., on Gas Market Rules, as amended by Decree No 416 / 2016 Coll.
Pursuant to Section 98a (2) (i) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., Act No. 211 / 2011 Coll. and Act No. 131 / 2015 Coll.:
Regulation No 349 / 2015 Coll., on Gas Market Rules, as amended by Decree No 416 / 2016 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Commission Regulation (EU) 2017 / 459 of 16 March 2017 establishing a network code for capacity allocation mechanisms in gas transmission systems and repealing Regulation (EU) No 984 / 2013. Commission Regulation (EU) No 312 / 2014 of 26 March 2014 establishing a network code for balancing gas in transport networks. ';
2. In Paragraph 2 (1) (c), the words "other legislation governing 'are replaced by the words" directly applicable European Union regulation governing'.
3. footnote 2 shall read:
"(2) Commission Regulation (EU) 2017 / 459. ';
4. in Articles 2 (1) (l) and 2 (2) (a), the words "other legislation" shall be replaced by the words "directly applicable European Union law";
5. in Article 2 (1) (s):
"(s) normal climatic conditions - a 30-year arithmetic average determined from the average daily air temperatures per calendar day for the territory of the country from the data of all measurement stations of the Czech hydrometeorological institute located at an altitude up to 700 m above sea level, the last day of the 30-year period being 31 December of the calendar year of the period under which normal climatic conditions are determined; that period shall be determined by the market operator and updated at least every 5 years; ';
6. In Article 2 (2), the dot at the end of point (v) is replaced by a comma and the following point (w) is added:
"(w) virtual border point - sum of two or more border points connecting adjacent input-output systems connected to one virtual point (2)."
7. In Article 2, the following paragraph 3 is added:
"(3) For the purposes of this Order, the following definitions shall also apply:
(a) a stock account - an account identifying the quantity of gas stored under a closed storage contract, including the quantity of gas that has been pushed, extracted into or out of a virtual gas storage tank or transferred between stock accounts;
(b) storage capacity with fixed power - storage capacity whose input or extraction capacity is negotiated as uninterruptible in the gas storage contract concluded between the gas container operator and the clearing entity or by a foreign participant;
(c) storage capacity with interruptible power - storage capacity whose input or extractive power is authorised by the gas container operator under a gas storage contract to the clearing entity or to a foreign participant. ';
8. In Articles 4 (1) and 4 (2), the words "virtual border points' shall be inserted after the words" border points'.
9. In Article 5 (3) (c), the words "or virtual border points' are inserted after the words" border points'.
10. in Articles 6 (1) and 7 (1) and 7 (2), the words "virtual border point" shall be inserted after the words "border point."
11. The following Section 8a is inserted after Section 8:
Change in the determination of agreed transmission system input and output points
(1) At the request of the clearing entity or of a foreign participant having a contract with the transmission system operator to provide a gas transport service, the transmission system operator shall modify the designation of entry or exit border points to the relevant entry and exit virtual border point.
(2) The request may be made only for the purpose of changing the designation of entry or exit points to the relevant entry or exit virtual border points for all transport capacity for which the entity has concluded gas transport service contracts at a given entry or exit point.
(3) The transmission system operator shall verify the request for a change to the designation of the agreed transmission entry and exit points no later than 10 working days from the date on which the request was made.
(4) Where the request is not submitted in accordance with paragraph 2, the transmission system operator shall inform the clearing entity or the foreign participant of the identified non-compliance. Otherwise, the transmission system operator shall send to the clearing entity or to a foreign participant a proposal to amend the content of the obligation under the gas service contract. The proposal to change the content of the obligation from the gas transport service contract shall only change the designated entry or exit border points for the relevant entry or exit virtual border point. ';
12. in § 9 (3), first and third sentences, the words "or virtual border points" shall be inserted after the words "border point."
13. in Article 9 (3), the words "other legislation" are replaced by the words "directly applicable European Union law."
14. In Article 9, the following paragraph 8 is added:
"(8) Where an entry or exit border point is part of an entry or exit virtual border point, the transmission capacity may not be reserved for that entry or exit point from the gas day on which the relevant virtual border point was established. ';
15. in Article 18 (1), the words "or virtual border points" shall be inserted after the words "border points."
16. in Articles 18 (2) and 18 (4), the words "special legislation" are replaced by the words "directly applicable European Union law";
17.
"(4) Article 14 (5) and (6) and Article 15 (2) and (3) of Commission Regulation (EU) 2017 / 459.";
18. In the first sentence of Paragraph 18 (3), the words "or virtual border points' shall be inserted after the words" border points'.
19. Footnote 5 reads:
"(5) Article 8 (6) of Commission Regulation (EU) 2017 / 459. ';
20. In the first sentence of Paragraph 18 (5), the words "or virtual border point 'shall be inserted after the words" border point'.
21. In a common title placed above the designation § 29, the words "and virtual border points' shall be inserted after the words" border points'.
22. in Articles 29 (1) and 29 (2) and 29 (4), the words "other legislation" shall be replaced by the words "directly applicable European Union law."
23.
"(6) Article 17 of Commission Regulation (EU) 2017 / 459.
7) Article 18 of Commission Regulation (EU) 2017 / 459. '
24. In Paragraph 29 (3), the first sentence is replaced by the following: "The size of the interruptible transmission capacity offered by the transmission system operator to the clearing entity or to a foreign participant is not limited. '.
25. Footnote 8:
"(8) Articles 33 to 36 of Commission Regulation (EU) 2017 / 459."
26. In Article 29, paragraphs 5 and 6 are added:
"(5) When addressing the lack of transport capacity in accordance with the procedure set out in Sections 30 to 31, the virtual border point and the border points constituting the virtual border point shall be considered as one whole.
(6) The transport capacity acquired by the instruments for addressing the shortage of fixed transport capacity pursuant to § 30 to 31 at the border points constituting the virtual border point shall be offered exclusively at the relevant virtual border point. '
27. in Article 30 (1), the words "or at the entry or exit virtual border point" shall be inserted after the words "border point."
28. the words "or virtual border point" shall be inserted after the words "border point."
29. the words "or virtual border point" shall be inserted after the words "border point."
30. In Article 30a (2), the words "or virtual border points' shall be inserted after the words" border points'.
31. in Article 30b (1), the words "or virtual border point" shall be inserted after the words "border point."
32. in Paragraph 31 (1), the words "other legislation" shall be replaced by the words "directly applicable European Union law."
33.
"(9) Article 14 (7) of Commission Regulation (EU) 2017 / 459. Article 15 (8) of Commission Regulation (EU) 2017 / 459. ';
34. In Article 31 (2), the words "or virtual border point 'shall be inserted after the words" border point'.
35. in Article 31 (2), the words "or virtual border point" shall be inserted after the words "border point."
36.
"(10) Article 32 of Commission Regulation (EU) 2017 / 459. ';
37. in Article 32 (1) (d), the words "or entry and exit virtual border points" shall be inserted after the words "border points."
38. the words "or virtual border points" shall be inserted after the words "border points."
39. in Article 32 (1) (l):
"(l) daily forecast of the size and direction of the system deviation at the end of each gas day,"
40. In Paragraph 32 (1) (m) read:
"(m) forecast of gas consumption on a given gas day for the whole territory of the Czech Republic,"
41. in Paragraph 32 (1), the following point (n) is added:
"(n) gas consumption forecast for a given gas day broken down by distribution zone.";
42. Paragraph 32 (2) reads as follows:
"(2) The information referred to in points (a) to (f) and (h) and (k) of paragraph 1 shall be published on a daily basis by the transmission system operator no later than 15.00 hours of the gas day concerned, with the data from the ongoing gas day referred to in paragraph 1 (h) being updated on an hourly basis. The information provided under paragraph 1 (j) and (k) shall be published by the transmission system operator no later than 12: 00 at the latest on the following gas day. The information referred to in paragraph 1 shall be published by the transmission system operator on the ninth calendar day of that month at the latest. The information provided under paragraph 1 (g) and (l) to (n) shall be published by the transmission system operator no later than 06: 00: 00 on the gas day in question. The information provided under paragraph 1 (m) and (n) shall be updated by the transmission system operator at 10: 00, 14: 00, 18: 00 and 22: 00 on the gas day in question. The transmission system operator shall maintain published all updated values published during the gas day. ';
43. In Article 32 (3), the words "virtual border point 'are inserted after the words" border point'.
44. in Paragraph 47 (4):
"(4) The distribution system operator shall initiate the distribution of gas in test operations to a customer with the nature of the purchase of a technologist at the earliest on the date indicated in the application and shall end on the date indicated in the application and at the latest on the last day of the third calendar month following the month in which the distribution of the gas started. In other cases, the distribution system operator shall start the gas distribution in the test run on the day indicated in the application and end on the last day of the calendar month indicated in the application but not later than the last day of February. The maximum duration of the gas distribution in test operations for a customer with the characteristics of heating take-offs is 6 calendar months. ';
45. in Paragraph 50 (2), the word 'whole' shall be deleted;
46. in Paragraph 50 (4):
"(4) Under a gas storage contract, the operator of the gas storage unit of the clearing entity or of a foreign participant shall be booked as:
(a) annual storage capacity; the minimum time to reserve storage capacity shall be 1 year and the maximum time to reserve storage capacity shall be 15 years, with 40% of the total technical capacity of the virtual storage capacity being reserved for a maximum of 5 years;
(b) new annual storage capacity; the minimum time to reserve storage capacity is 1 year and the maximum time to reserve storage capacity is 15 years (hereinafter referred to as "new annual storage capacity '),
(c) monthly storage capacity; the minimum time to reserve storage capacity is 1 gas month,
(d) daily storage capacity; the minimum time to reserve storage capacity shall be 1 gas day. ';
47. In Paragraph 50, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The storage capacity referred to in paragraph 4 (a), (c) and (d) may be booked as a storage capacity with fixed or interruptible power. The storage capacity referred to in paragraph 4 (b) may be reserved as a storage capacity with a fixed performance.
(6) The price of the interruptible storage capacity is paid by the clearing entity or by a foreign participant only for the uninterrupted part of the allocated storage capacity with interruptible performance. '
Paragraphs 5 and 6 shall become paragraphs 7 and 8.
48. In Paragraph 50, the following paragraph 9 is added:
"(9) The transfer of gas shall take place only between the stock accounts of one clearing entity or between stock accounts of one foreign participant or between stock accounts of clearing entities. ';
49. The group title above Paragraph 51 reads:
"Procedure for the reservation of annual storage capacity."
50. In Paragraph 51 (1), the words "with fixed power 'are deleted.
51. in Paragraph 52 (1), the words "2 working days before the published auction date" shall be replaced by the words "within the time limit set by the gas storage unit operator under the auction conditions."
52. Paragraph 52 (4) reads as follows:
"(4) The duration of the auction round shall be determined by the gas storage tank operator under auction conditions. ';
53. In Paragraph 52 (5), the words "the sum of all requirements for the reservation of storage capacity in the previous auction round and 'are deleted.
54. Paragraph 52 (6) and (7) read:
"(6) The gas container operator shall terminate the auction if:
(a) in the auction round, the sum of the requirements for the reservation of storage capacity of all active applicants is less than or equal to the value of the storage capacity offered;
(b) before the start of the next auction round, the gas storage tank operator shall activate the supply of additional storage capacity. Before the next auction, the gas storage tank operator may activate an additional storage capacity offer up to a maximum of the difference between the sum of all storage capacity booking requirements in the last auction round and the value of the storage capacity offered if the sum of the storage capacity reservation requirements of all active applicants in the auction round exceeds the value of the storage capacity offered. At the same time, the size of the activated additional storage capacity shall not exceed 25% of the free storage capacity offered for auction in accordance with point 2 (e) of Annex 3 to this Decree.
(7) The gas storage tank operator shall reserve storage capacity, rounded to the nearest m3 or kWh or kWh / day, according to the requirements for booking the storage capacity of active applicants in the last auction round. ';
55. In Paragraph 52, paragraphs 8 and 9 are added:
"(8) If a part of the storage capacity is not reserved after the last auction round, that part of the storage capacity shall be reserved for active applicants from the penultimate round in proportion to their requirements for booking the storage capacity in the penultimate auction round, with the requirement to reserve the storage capacity of the active applicant being reduced by the storage capacity reserved for the last auction round for the calculation of the booking.
(9) The price of booking storage capacity is determined as:
(a) the value of the minimum price referred to in point 2 (a) of Annex 3 to this Regulation, in the absence of exceeding the value of the storage capacity offered in the first auction round in the sum of all requirements for the booking of storage capacity of active applicants;
(b) the value of the weighted average price of the last and last auction round, where the weights are the size of the booked storage capacity in the last and second-to-last auction round, where the active applicant is also reserved for storage capacity on the basis of the requirement to reserve storage capacity in the penultimate auction round;
(c) the value of the auction price in the last auction round in which the gas storage capacity was reserved by the gas storage tank operator to the active applicant, where the full size of the storage capacity offered is reserved. ';
56.
(1) The gas storage tank operator shall send the storage capacity reservation confirmation electronically without undue delay after the auction, together with the final price per storage capacity unit.
(2) The gas storage tank operator shall return the financial collateral to the active applicant for which storage capacity has not been reserved within 5 working days of the end of the auction.
(3) The gas storage tank operator shall send the draft storage contract to the active applicant within 10 working days of the end of the auction. The storage contract shall be concluded no later than 20 working days after the date of service of the application.
(4) An active applicant to whom storage capacity has been reserved shall be reimbursed by the gas storage tank operator within 5 working days of the conclusion of the gas storage contract.
(5) If an active applicant does not conclude a storage contract within the time limit referred to in paragraph 4, the storage capacity that has been confirmed to him in accordance with paragraph 1 shall be considered as free storage capacity.
(6) An active applicant with whom a contract has not been concluded pursuant to paragraph 4 shall pay a penalty to the gas storage tank operator for cancelling the reservation of storage capacity in accordance with point 2 (b). (m) Annex 3 to this Decree, including the inclusion by the gas storage tank operator of the financial collateral lodged by the active applicant before the start of the auction for storage capacity against the cancellation fee. ';
57. The heading of Section 54 reads:
"Procedure for the reservation of monthly storage capacity."
58. in Article 54 (1) and (2), the words "with fixed power" shall be deleted;
59. Paragraph 56 (2) reads as follows:
"(2) A request for the reservation of daily storage capacity with interruptible power shall be submitted electronically by the clearing entity or by a foreign participant no later than 18: 00 on the gas day for which the daily storage capacity with interruptible power is required. The gas storage tank operator shall determine the minimum price at which the daily storage capacity with interruptible power is offered. The price for interruptible storage capacity shall be paid only for the uninterrupted part of the daily storage capacity allocated with interruptible capacity. The gas storage tank operator shall evaluate the applications in the order of the price offered, indicating the highest price first, in the case of an offer of the same price according to the time mark of receipt of the application and electronically notify the reservation of daily storage capacity with interruptible performance. A daily storage capacity with interruptible performance shall be deemed to have been reserved by delivering a reservation notice. The gas storage tank operator may allow a clearing entity or a foreign participant to submit a request for the reservation of daily storage capacity with interruptible performance after the first sentence. ';
60. The heading of Section 57 reads:
"Procedure for booking new annual storage capacity."
(61) Paragraph 57 (2) and (3) read:
"(2) The gas storage tank operator reserves new annual storage capacity on the basis of a multi-wheel electronic auction. The gas storage tank operator shall start the auction not earlier than 7 years before the start of the storage year from which storage of gas can be started using new storage capacity in full size.
(3) The maximum length of booking of storage capacity for booking of new annual storage capacity is 15 years. The length of the storage capacity reservation shall be determined by the gas storage unit operator when the auction conditions are announced. ';
62. In Paragraph 58 (4), the second sentence is deleted.
63.Paragraph 58 (5) reads as follows:
"(5) In the event that the new annual storage capacity can be made available before the entry into force of the fixed-capacity reserve for the new storage capacity, the gas storage tank operator may offer it to gas market participants in the form of a fixed-capacity reserve, including repeatedly. Paragraph 54 shall apply mutatis mutandis to the reservation of this storage capacity. The storage capacity thus reserved shall continue to be considered as new storage capacity. ';
64.Paragraph 59 (3) reads as follows:
"(3) The gas storage tank operator shall submit an offer for gas sales in the internal gas market at the last known price of the intraday market plus EUR 0,5 / MWh. Where the requirement for a transaction is not implemented within 2 minutes, the gas storage tank operator shall reduce the price by EUR 0,1 / MWh every 2 minutes. Where the requirement for trade is not implemented within 30 minutes, the gas storage tank operator shall reduce the price by 0,3 EUR / MWh after every 1 minute. The last known price of the intraday market shall be the price of the intra-day market of the intra-day market of the market operator for the day on which the request is made, where at least 50 MWh has been traded, and carried out at the latest before the start of the full hour on which the request is made. Where this price is not available, the price of the last executed transaction on the intraday market shall be used by the market operator in which at least 50 MWh has been traded and carried out no later than the beginning of the full hour in which the request is made. The gas storage tank operator shall publish each day in a manner that allows remote access the volume of gas it will offer within the internal organised gas market. ';
65. In Paragraph 60 (2), the words "to the same level as the agreed interruptible power" shall be replaced by the words "in the order of the time mark of receipt of the request for reservation of storage capacity, in the order of no later than the request received at the latest after the first received."
66. In Article 63 (1) (a) and Article 63 (2) (a), the words "or virtual border points" shall be inserted after the words "border points."
67. Paragraph 63 (3), including footnote 19, reads:
"(3) For transmission capacities at border points or virtual border points of the transmission system, the transmission nominee may also be submitted in the information system of the neighbouring transmission system operator. The nomination may only be submitted for a virtual border point or only for an original border point, a single nomination19) for a combination of a virtual border point and an original border point is not possible. The transmission system operator shall ensure that such nominations are recorded in its information system and transmitted without undue delay to the market operator.
19) Commission Regulation (EU) 2015 / 703 of 30 April 2015 establishing a network code for rules on interoperability and data transmission. ';
68. In Paragraph 66 (4), the words "or an entry or exit virtual border point 'shall be added at the end of the text in point (b).
69. the words "or virtual border points" shall be inserted after the words "border points."
70. In the first sentence of Article 78 (4), the words "or where no request for an extension of the supply is submitted in accordance with Article 115 (1) 'shall be inserted after the words" a subsequent change of supplier'.
71.In Paragraph 78 (6):
"(6) The distribution system operator or transmission system operator shall inform the customer without delay of the possibility of an unauthorised purchase, unless at the same time a change of supplier is made in the market operator's information system for the demand point or a request for an extension of supply is submitted in accordance with Paragraph 115 (1). ';
72. Paragraph 92, including the title, reads:
Levels of the operator's account and compensatory action
(1) Where the current or predicted operational status of the transmission system so permits, the transmission system operator shall not undertake any balancing actions where the size of the operator's account is higher than the value specified in Annex 7 (1) and below the value specified in Annex 7 (2) to this Regulation.
(2) Where the conditions set out in points (1) and (2) of Annex 7 to this Regulation are met after the nominations referred to in Article 62 (4), the transmission system operator may carry out a balancing action in accordance with the procedure set out in Annex 7 to this Regulation.
(3) In the event that the conditions set out in Annex 8 (1), (2), (8), (9) or (10) to this Regulation are met, the transmission system operator may carry out a balancing action in accordance with the procedure set out in Annex 8 to this Regulation.
(4) The transmission system operator shall publish, within 15 minutes of the implementation of the balancing action through the market operator information system, information on the balancing action taken to the extent set out in Annex 9 to this Regulation.
(5) The transmission system operator shall publish information on the cancelled balancing action within 15 minutes of the cancellation of the balancing action request through the market operator's information system. ';
73.In § 94 (1), "§ 92 (6)" is replaced by "§ 92 (4)."
74. In Paragraph 94, the following paragraph 3 is added:
"(3) The market operator shall publish the current state of the account of neutrality at each change and at the beginning of the gas day. ';
75. in Articles 97 (1) (a), 97 (1) (b) and 97 (3), the words "and which have not ceased to provide a distribution system service" shall be inserted after the words "gas supplier."
76. in Paragraph 102 (1), the following point (b) is inserted after point (a):
"(b) the extent of the period during which normal climatic conditions are determined;"
Point (b) shall be renumbered (c).
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Regulation Information
| Citation | Decree No. 326 / 2018 Coll., amending Decree No. 349 / 2015 Coll., on Gas Market Rules, as amended by Decree No. 416 / 2016 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2018 |
|---|---|
| Effective from | 01.01.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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