Government Decree No 343 / 2022 Coll.
Government Regulation amending Government Regulation No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation
Valid
Regulation
Effective from 01.01.2023
Text versions:
01.01.2023
18.11.2022
343
GOVERNMENT REGULATION
of 2 November 2022
amending Government Regulation No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation
Act No. 20 / 20, Act No. 21 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 21 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20 / 20 / 20, Act No. 20 / 20 / 20 / 20, Act No. 20 / 20 / 2011 Coll.
Government Decree No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation, is amended as follows:
1. In Article 2, paragraphs 5 and 6 are added:
"(5) The determined electricity and gas prices pursuant to Article 3 (1) to (4) shall also apply to the supply of electricity or gas by the supplier of the last instance pursuant to Article 12a of the Energy Act to the customers referred to in Article 4. For the supply of electricity by the supplier of the last instance to customers not mentioned in § 4 or customers not meeting the substantive conditions for the application of the determined electricity prices pursuant to § 6, the price determined in accordance with § 3 (8) shall apply.
(6) Where electricity or gas is supplied to the customer's demand point by the electricity or gas manufacturer, the provisions of this Regulation relating to the electricity or gas trader shall apply mutatis mutandis. ';
2. In Article 3 (5), the sentence "Where a customer has negotiated a gas supply contract or an associated gas supply service contract pursuant to the legislation governing gas supply security and the gas supply price referred to in paragraph 2 applies to a fixed value for gas consumption or gas supply to which the gas price referred to in paragraph 2 is not applied, the price for gas supply for the remaining value of gas consumption shall be determined as the sum of the price of gas per MWh at the level of the gas market index EEX European Gas Spot Index for the Czech Republic for the day of gas supply and the amount of CZK 250 / MWh. '
3. In Article 3, paragraphs 6 to 8 are added:
"(6) Where an electricity or gas trader or a designated gas supplier has agreed with the customer a contract for the combined supply of electricity or gas or a contract for the supply of electricity or gas under the conditions laid down in Paragraph 19g of the Energy Act or under any other legislation governing the provision of gas with a price determined directly dependent on or derived from changes in the price of electricity or gas in organised electricity or gas markets, the component of the price of electricity or gas in CZK / MWh above the price of electricity or gas in organised electricity or gas markets shall be determined at the level of:
(a) CZK 350 / MWh in the case of the supply of electricity to the customer's demand point, which is connected to the distribution system at low voltage,
(b) 250 CZK / MWh in the case of the supply of electricity to the customer's demand point connected to the distribution system at high and very high voltage,
(c) 250 CZK / MWh in the case of the supply of gas to a customer of a household or a retail customer in accordance with the legislation governing the gas market rules; or
(d) 150 CZK / MWh in the case of gas supply to the customer's demand point of the category of medium or large customer according to the legislation governing the rules of the gas market.
(7) The price for the supply of electricity or the price for the supply of gas for contracts negotiated in accordance with paragraph 6 may not exceed the price for the supply of electricity or the price for the supply of gas fixed in accordance with paragraph 1 or 2 for the settlement period.
(8) If one of the factors set out in Section 12a (2) of the Energy Act is not the supply of electricity to the customers referred to in Section 4 or which does not meet the substantive conditions for the application of the specified electricity prices pursuant to Section 6, the last instance of supply of electricity by the supplier shall be determined as the sum of the electricity price for MWh achieved on the day-ahead electricity market organised by the electricity market operator at the commercial hour of actual supply and the amounts set out for the level of connection of customer demand points in paragraph 6. "
4. in Article 4 (1) (b), the following points 2 to 4 are inserted after point 1:
"2. the contracting authority under the Public Procurement Act is included in the register of economic operators under the State Statistical Service Act in the classification with the institutional sector code 11001 or is a legal person in which it has, directly or indirectly, all shares and shares in the benefits and voting rights of the Czech Republic, the region or the municipality;
3. a state enterprise, if not a national enterprise or a Czech Press Office,
4. a sports organisation registered in the register of sports organisations under the Act on the Promotion of Sport and is not a commercial corporation, '.
Points 2 to 5 shall be renumbered 5 to 8.
5. in Article 4 (1) (b), the following point 9 is added:
"9th provider of public cultural services under the Act on certain types of cultural support, which is the reporting agent under the Act on the State Statistical Service, '.
6. Paragraph 4 (2) reads as follows:
"(2) In the absence of a supply of electricity to a customer pursuant to paragraph 1, the price for the supply of electricity referred to in Article 3 (1) shall also apply to:
(a) 80% of the maximum monthly value of electricity collection at the point of collection referred to in Article 5, which is connected to the distribution system at a high or very high voltage level, in the case of a customer who is small or medium-sized business1); and
(b) any supply of electricity to a demand point connected to the distribution system at a high or very high voltage level in the case of the supply of electricity by the consumer. ';
7. In Article 4 (3) (b) of the Introductory Part of the provision, the words "with the exception of the supply of gas for electricity 'are inserted after the word" wholesale'.
8. In Article 4 (3) (b), the following points 2 to 4 are inserted after point 1:
"2. the contracting authority under the Public Procurement Act is included in the register of economic operators under the State Statistical Service Act in the classification with the institutional sector code 11001 and is a legal person in which it has, directly or indirectly, all shares and voting rights of the Czech Republic, the county or the municipality,
3. a state enterprise, if not a national enterprise or a Czech Press Office,
4. a sports organisation registered in the register of sports organisations under the Act on the Promotion of Sport and is not a commercial corporation, '.
Points 2 to 5 shall be renumbered 5 to 8.
9. In Article 4 (3), at the end of point (b), the dot is replaced by a comma and the following point 9 is added:
"9th provider of public cultural services under the Act on certain types of cultural support, which is the reporting agent under the Act on the State Statistical Service."
10. in Article 4 (4) (a), the words "established" and the words "classified as medium-sized customers" shall be deleted;
11. in Article 4 (4) (b), the words "which are classified as medium customer categories," shall be deleted;
12. in Article 5 (2), the words "or, where the actual value of electricity is greater than the maximum monthly value fixed in accordance with paragraph 1," shall be inserted after the words "determine."
13. in Article 5 (4), the words "or, in the case of the maximum monthly value of the collection referred to in paragraph 2," shall be inserted after the words "exceed the specified value of the electricity collection."
14. in Article 5 (5), the words "category of medium customer" shall be deleted and the words "or, in the case of the maximum monthly value of the sample referred to in paragraph 2," shall be inserted after the words "exceeds the fixed value of gas";
15. in Article 5 (7), "proportional" is replaced by "proportional";
16. in Article 6 (2), the words "points 5 to 9" shall be inserted after the words "Article 4 (1) (b)" and the last sentence shall be deleted;
17. in Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) The requirement for the application of the price for the supply of electricity to a customer pursuant to Article 4 (1) (b) (2) is to provide the customer with a declaration to the electricity trader in accordance with the model of the declaration set out in Annex 3 to this Regulation that he is the contracting authority under the Public Procurement Act and that only the Czech Republic or one or more local authorities are members. '
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
18. in Paragraph 6 (5), "Annex 3" is replaced by "Annex 4."
19. in Article 6 (6), the words "paragraphs 2 and 4" shall be replaced by the words "paragraphs 2, 3 or 5," and the words "that he has ceased to comply with the characteristics of small or medium-sized business1) or to carry out or provide services pursuant to § 4 (1) (b)" shall be replaced by the words "change in the facts declared."
20. In Paragraph 6 (7), the word "or" shall be replaced by a comma after the word "electricity," the words "or, if there is a change in the declared facts" shall be inserted after the word "business."
21. in Article 6, the following paragraph 8 is added:
"(8) The provision of the declaration referred to in paragraph 2, 3 or 5 to the supplier of the last instance within 15 working days of the start of the supply of electricity from the supplier of the last instance shall be a condition for the application of the price for the supply of electricity referred to in Article 3 (1) to the customer. ';
22. in the first sentence of Article 7 (2), the words "points 5 to 9" shall be inserted after the words "Article 4 (3) (b)" and at the end of the text of the sentence the words "and whether electricity is produced from gas" and the last sentence shall be deleted.
23. In Article 7, the following paragraph 3 is inserted after paragraph 2:
"(3) The requirement for the application of the price for the supply of gas to a customer pursuant to Article 4 (3) (b) (2) is to provide the customer with a declaration to the gas dealer, in accordance with the model of the declaration set out in Annex 3 to this Regulation, that he is a contracting authority under the Public Procurement Act and that only the Czech Republic or one or more local authorities is a member. '
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
24. in Article 7 (4), "Annex 4" is replaced by "Annex 5."
25. in Article 7 (5), "Annex 5" is replaced by "Annex 6";
26. in Article 7 (6), "4" is replaced by "5" and after the third sentence, the sentence "Where the customer in the sampling point for which he has provided the declaration referred to in the first sentence of paragraph 2 produces electricity from gas, the gas trader shall be provided by the fifth day of the calendar month following the month for which the price for the supply of gas is to be applied with the value of the gas used to produce electricity from the gas."
27. in Article 7 (7), "electricity" is replaced by "gas."
28. in Paragraph 7 (8), "Annex No 4" is replaced by "Annex No 5" and "Annex No 5" is replaced by "Annex No 6."
29. the following Section 7a is inserted after Section 7, including the title:
Classification
(1) In order to fulfil the substantive condition, whether it is a customer's point of demand of a household category or a retail customer, the classification of the customer's point of demand shall be based on the legislation governing the gas market rules according to the registration status of the market operator on the 20th day of the calendar month preceding the calendar month for which compliance is assessed.
(2) In order to ensure the supply of gas in an exceptional market situation under the conditions laid down in Paragraph 19g of the Energy Act, customers with an annual consumption of up to 630 MWh shall be deemed to be customers with a customer demand point classified as household or retail customers under the legislation governing the gas market rules. In order to ensure the supply of gas under the legislation governing the provision of gas, customers with an annual consumption of more than 630 MWh shall be considered to be customers with a customer sampling point classified as medium or large customers under the legislation governing the rules of the gas market. ';
30. In Article 10, the following paragraph 4 is added:
"(4) The electricity or gas trader shall keep the specified information for at least 3 years from the date on which it is supplied by the customer. ';
31. in Article 13 (2), "§ 6 (2) and (4)" shall be replaced by "§ 6 (2), (3) and (5)," "§ 7 (2) to (4)" shall be replaced by "§ 7 (2) to (5)" and "Annexes 2 to 5" shall be replaced by "Annexes 2 to 6."
32. Footnote 1 reads as follows:
"(1) Article 2 in conjunction with Article 3 to 5 of the Annex to Commission Recommendation 2003 / 361 / EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises."
33. In Annex 1, Part C:
"
34. Annex 2 reads as follows:
"Annex No 2 to Government Decree No 298 / 2022 Coll.
"
35. The following Annex 3 is inserted after Annex 2:
"Annex No 3 to Government Decree No 298 / 2022 Coll.
"
Annexes 3 to 5 to date shall be renumbered Annexes 4 to 6.
36. In Annex No 4, the words "Section 6 (4) 'are replaced by" Section 6 (5)' and the words "in conjunction with Article 3 to 5 of the Annex 'are inserted after the words" Article 2'.
37. In Annex 5, the words "Section 7 (3) 'are replaced by the words" Section 7 (4)' and the words "in conjunction with Article 3 to 5 of the Annex 'are inserted after the words" Article 2'.
38. In Annex 6, "§ 7 (4) 'is replaced by" § 7 (5)'.
Efficacy
This Regulation shall take effect on 1 January 2023.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister for Industry and Trade:
Ing. Síkela v. r.
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Regulation Information
| Citation | Government Regulation No 343 / 2022 Coll., amending Government Regulation No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
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