Government Decree No 333 / 2022 Coll.
Government regulation on gas supply security
Valid
Regulation
Effective from 10.11.2022
Text versions:
10.11.2022
09.11.2022
333
GOVERNMENT REGULATION
of 27 October 2022
on gas security
The Government orders pursuant to § 19d (2) (a) and (b) of 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 amended by Act No. 287 / 2022 Coll.:
Subject matter
This Regulation following an exceptional market situation on the gas market
(a) designate gas traders which provide for an obligation to supply gas to customers on the gas market;
(b) establish an obligation to supply gas to designated gas suppliers and other gas traders to ensure the supply of gas under the Energy Act and this Government Regulation; and
(c) lay down the conditions under which the following conditions are established:
1. to designated gas suppliers, the obligation to supply gas to customers; and
2. gas traders with a gas supply obligation to supply gas to designated gas suppliers and other gas traders.
Obligation to supply gas to customers
(1) The designated gas supplier is a gas trader to whom, for a period for which the government has established gas prices in an exceptional market situation, this Regulation imposes an obligation to supply gas to the extent and under the conditions laid down in this Regulation.
(2) The obligation to supply gas for a period for which the Government has established prices for gas in an exceptional market situation for other legislation1) has a gas trader who:
(a) pursuant to Article 19g of the Energy Act, it is obliged to provide for the supply of gas in an exceptional market situation at a specified price to the point of demand within the defined territory of the holder of the gas distribution licence pursuant to Article 12a (1) of the Energy Act;
(b) pursuant to Paragraph 19g of the Energy Act and to the extent provided for by another legislature1) are obliged to supply electricity in an exceptional market situation at a specified price, unless it is a gas trader under (a); or
(c) on the date of entry into force of this Regulation in a market operator's system by a registered gas supplier assigned to at least 50 000 customer demand points registered in a market operator's system, in the absence of a gas trader as referred to in (a) or (b).
(3) The designated gas supplier shall supply gas to any customer who:
(a) request the gas to be delivered to the sampling point;
(b) falls within the category of customers in relation to the point of purchase for which the government has established gas prices in an exceptional market situation,
(c) fulfil the substantive conditions for the application of the specified gas prices to the sampling point in a manner governed by another legislation1);
(d) for a period for which the government has determined gas prices in an exceptional market situation, the supply of gas to a sampling point from another gas supplier; and
(e) it does not have the right to ensure the supply of gas to the sampling point under Paragraph 19g of the Energy Act.
(4) The designated gas supplier may refuse to provide the supply of gas to a customer who is late in payment of any payment for the supply of gas or related services to the designated gas supplier.
(5) Where, pursuant to paragraph 3, a customer requests a designated gas supplier to secure the supply of gas to a demand point, the designated gas supplier shall negotiate with the customer a gas supply contract or a contract for associated gas supply services. The designated gas supplier shall submit a draft contract to the customer within 15 days of receipt of the request to ensure gas supply. The contract for the supply of gas or the contract for the combined supply of gas referred to in the first sentence shall be negotiated for a fixed period of no more than the end of the period for which the government has determined the prices of gas in an exceptional market situation, if the customer so requests pursuant to paragraph 3, or for an indefinite period of not more than 1 month, starting from the beginning of the month following the month in which the customer denies the contract.
Gas supply safety standard
In the case of the supply of gas by a designated gas supplier under this Regulation, the extent to which the security standard of gas supply is secured by storage of gas in gas storage under another regulatory provision 2 shall not be applied to ensure the safety standard of gas supply.
Gas dealer with gas supply obligations
(1) A gas trader with an obligation to supply gas is a gas trader to whom, for a period for which the government has established gas prices in an exceptional market situation, this Regulation lays down an obligation to supply gas to the extent and under the conditions laid down in this Regulation.
(2) The obligation to supply gas has a gas trader which has secured daily entry capacity for gas supplies to the Czech Republic for 2023 of at least 3 GWh and with which the Czech Republic has negotiated conditions under which it will supply gas to the Czech Republic to ensure gas supply to designated gas suppliers.
(3) The gas trader with an obligation to supply gas shall publish on his website the amount of gas that he will use under the agreement with the Czech Republic or the Czech Republic's instructions, if the Czech Republic is authorised under the contract to give such an instruction to the gas supplier with an obligation to supply gas under this Regulation, broken down by calendar months of the period for which the government has established gas prices in an exceptional market situation. In addition, a gas trader with an obligation to supply gas shall publish on its website the total amount of gas offered to designated gas suppliers and other gas traders on the basis of their requirements under Article 5.
Obligation to supply and supply gas to designated gas suppliers and other gas traders
(1) Where the designated gas supplier so requests, the gas trader with an obligation to supply the gas to the designated gas supplier shall be obliged to supply the gas to fulfil his obligations under Article 2 (3) under the conditions laid down in paragraph 2.
(2) The gas trader with an obligation to supply gas shall offer the supply of gas to the designated gas supplier:
(a) for the period of the calendar month following the calendar month in which the designated supplier applies for the provision of gas or for the period of the later calendar month, if so requested by the designated gas supplier, or for the period of commitment from the gas supply contract or the contract for the associated gas supply services agreed for a fixed period;
(b) to the extent that the gas supply is expected to be supplied for the following calendar month or for any other period of time of the obligation under the gas supply contract or the associated gas supply service contract, if the contract is a fixed-term contract, the designated gas supplier shall supply the customers in accordance with Article 2 (3); and
(c) at the price of the gas supply corresponding to the gas market index EEX European Gas Spot Index for the Czech Republic.
(3) Where a designated gas supplier requests the supply of gas to ensure the supply of gas to customers no later than 10 days before the beginning of the calendar month in which the supply is to take place, the gas trader shall offer the supply of gas without undue delay, but no later than 8 working days before the start of that calendar month. A gas trader with a gas supply obligation shall offer to the designated gas supplier the supply of gas to the required extent or to the extent reduced in accordance with Paragraph 6 (1) and with a uniform flow of gas supply for the following calendar month or other period of commitment from the gas supply contract or associated gas supply service contract if the contract is a fixed-term contract. If the designated gas supplier does not accept the supply offer in accordance with the first sentence within 3 working days of its delivery, the obligation to supply gas for the following calendar month shall cease.
(4) Unless otherwise assessed by the gas trader with a gas supply obligation and a designated gas supplier, the gas supplier shall negotiate a gas supply obligation to the gas supplier under standardised contractual conditions on the gas market developed by the European Energy Trade Federation.
(5) The gas dealer shall also offer gas to the designated gas supplier to the extent and under the conditions set out in paragraph 2, even if the designated gas supplier applies for the supply of gas to customers after the deadline set out in paragraph 3, but no later than 5 working days before the beginning of the calendar month in which the supply of gas is to be made, provided that the requirements of the designated gas suppliers assessed in accordance with the procedure set out in paragraphs 2 to 4 do not exceed the quantity of gas which the gas trader has to supply for the following calendar month. The requirements of designated gas suppliers submitted after the deadline referred to in paragraph 3 shall be dealt with by the gas trader with the obligation to supply the gas in the order in which they were submitted.
(6) If they exceed the requirements of designated gas suppliers and gas traders who are obliged to supply gas to customers under Paragraph 19g of the Energy Act, the amount of gas that the gas trader has set for the following calendar month will reduce the quantity of gas offered to individual gas traders in proportion to the size of the gas traders' requirements.
(7) Furthermore, a gas trader with an obligation to supply gas has an obligation to supply gas in relation to a gas trader who is obliged to supply gas to customers under Paragraph 19g of the Energy Act. The provisions of paragraphs 1 to 6 shall apply mutatis mutandis.
Efficacy
(1) This Regulation shall enter into force on 10 November 2022.
(2) This Regulation shall expire on 9 November 2023.
Prime Minister:
v. Mgr.
1. Prime Minister and Minister for the Interior
Minister for Industry and Trade:
Ing. Síkela v. r.
1) Regulation No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation.
2) Article 11 of Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and on how to ensure the safety standard of gas supply, as amended.
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Regulation Information
| Citation | Government Decree No 333 / 2022 Coll., on Gas Supply Security |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2022 |
|---|---|
| Effective from | 10.11.2022 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
Dodávky energií - smlouva o sdružených službách dodávky plynu_Novosady 97/85, Velké Meziříčí
Město Velké Meziříčí
E.ON Energie, a.s.
192 000 CZK
30.10.2023
Dodávka plynu
Mateřská škola Dačice
E.ON Energie, a.s.
2 500 CZK
30.08.2023
Smlouva o sdružených službách dodávky plynu
TBS Světlá nad Sázavou, p.o.
E.ON Energie, a.s.
102 850 CZK
28.08.2023
Smlouva o sdružených službách dodávky plynu
TBS Světlá nad Sázavou, p.o.
E.ON Energie, a.s.
12 100 CZK
28.08.2023
Smlouva o sdružených službách dodávky plynu
Statutární město Přerov
E.ON Energie, a.s.
28.12.2022
Notifications
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Hlídač státu
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