Decree No. 354 / 2008 Coll.
Decree amending Decree No. 524 / 2006 Coll., on rules for the organisation of the gas market and the creation, assignment and use of gas supply type diagrams, as amended
Valid
Order
Effective from 01.10.2008
Text versions:
01.10.2008
26.09.2008
354
DECLARATION
of 18 September 2008
amending Decree No. 524 / 2006 Coll., on the rules governing the organisation of the gas market and the creation, assignment and use of gas supply type diagrams, as amended
According to Article 98 (7) 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. 670 / 2004 Coll., for the implementation of § 17 (7) (e) of the Energy Act:
Decree No. 524 / 2006 Coll., on the rules for the organisation of the gas market and the production, assignment and use of gas supply type diagrams, as amended by Decree No. 184 / 2007 Coll. and Decree No. 321 / 2007 Coll., is amended as follows:
1. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following point (k) is added:
"(k) new storage capacity - storage capacity first put into use after 1 January 2010."
2. In Article 12 (5), the words "or may be submitted directly using the distribution system operator's information system 'shall be inserted after the word" access'.
3. in Article 16 (5) (a), the words "and the maximum duration of the contract shall be 5 years of storage" shall be inserted after the words "storage year."
4. In Article 16 (5), the following point (b) is added:
"(b) an annual contract for the storage of solid gas for new storage capacity; the minimum duration of the contract is 1 storage year, the maximum duration of the contract is 15 storage years; the contract is concluded with effect from the first day of the storage year and ends on the last day of the storage year, ';
Points (b) to (d) shall be renumbered (c) to (e).
5.
Procedure for the reservation of storage capacity for the annual gas storage contract
(1) The operator of the underground gas storage tank reserves storage capacity for annual gas storage contracts on the basis of a multi-wheel electronic auction. The gas container operator shall start the auction from 1 to 20 February.
(2) The gas storage tank operator shall publish the terms of the auction for free storage capacity from the first gas day of the following storage year by 30 November of the calendar year. The terms of the auction shall be proportionate, non-discriminatory and transparent. The terms of the auction include:
(a) the minimum price per unit of storage capacity determined in CZK for 1 m3 of operational volume for the first storage year and the method of calculating the price per unit of storage capacity for the other storage years during the period of booking of storage capacity,
(b) the date of the auction;
(c) the required means of secure electronic communication, including alternative means of communication in case of failure of electronic communication on the part of the applicant;
(d) the procedure for lodging the financial security;
(e) the size of the free storage capacity;
(f) the model of the gas storage contract to be concluded with the participants in the auction to reserve storage capacity;
(g) the model of the electronic application for first access to the information system of the gas operator; the model of the application for access to the information system of the gas storage operator contains the same information about the applicant as the request for reservation of storage capacity in accordance with Annex 4 to this Decree.
(3) A user requesting a reservation of storage capacity ("the applicant") shall submit a request for storage capacity in the relevant auction round in the form of a number rounded to two decimal places expressing a percentage of the free storage capacity. At the same time as the request, the applicant shall enter the required length of the contract. The requirement and the required length of the contract in the auction round cannot be changed during the auction round.
(4) A gas trader who forms a group's underground gas container operator or part of the same group or other business group, and alone or in conjunction with other gas traders who form a group's underground gas container operator or are part of the same group or other business group, has reserved a storage capacity of at least 80% of the capacity of the virtual gas storage tank operated by it, may, as an applicant, participate in an auction for storage capacity only if the minimum price for storage capacity referred to in paragraph 2 (a) is lower or equal to the market price of storage capacity with the same or comparable parameters for annual gas storage contracts in the Czech Republic. The size of the booked storage capacity according to the previous sentence shall be assessed on the first day of the storage year immediately following the auction. If several gas traders who form groups with an underground gas container operator or are part of the same group or other business group with an underground gas container operator, the requirements for storage capacity in excess of the size of free storage capacity shall be reduced proportionately by the gas container operator to correspond to the size of free storage capacity in aggregate.
(5) The requirement of a gas dealer or, where applicable, of a gas dealer as referred to in paragraph 4 to the storage capacity of the operator of the underground storage tank shall be reduced by the storage capacity requirements of the other applicants, but not more than the difference between the free storage capacity and the storage capacity requirements of the other applicants.
(6) The applicant shall lodge the financial security no later than 5 calendar days before the announced auction date. By lodging a financial guarantee, the user becomes an applicant who can actively participate in an electronic auction (hereinafter "the active applicant '). An active applicant may submit an auction request up to a maximum of the proportion of the financial security lodged and the product of the coefficient 0,1 and the minimum price per unit of storage capacity referred to in paragraph 2 (a).
(7) An active applicant may submit a request in the next auction round only up to the amount of the requirement in the previous auction round. Where an active applicant does not submit a claim in one auction round or a 0-value request, he may no longer submit a request in any subsequent auction round.
(8) In the event that 100 is exceeded in the auction round in the sum of all requirements of the active applicants, the next auction round shall be followed. In the next auction round, the auction price per unit of storage capacity increases by CZK 0.02 per 1 m3 of operating volume.
(9) Individual auctions are limited to 15 minutes. If all active applicants agree, the gas tank operator may shorten the auction round.
(10) During the auction, the operator of the underground gas storage tank shall notify active applicants of the sum of all requirements in the previous auction round and the time remaining until the auction round is completed.
(11) The operator of the underground gas storage tank shall terminate the auction if in the auction round the sum of the requirements of all active applicants is less than or equal to 100. The operator of the underground gas storage tank shall reserve storage capacity according to the requirements of active applicants in the last auction round. If part of the storage capacity remains unreserved, this part of the storage capacity shall be reserved for active applicants from the penultimate round in proportion to their requirements in the penultimate auction round, with the active applicant's requirement being reduced to the storage capacity reserved for the last auction round for the calculation of the reservation.
(12) Where the sum of all requirements of active applicants in the first auction round has not exceeded 100, the price for gas storage shall be set at the minimum price referred to in paragraph 2 (a). In other cases, the price for gas storage shall be set at the auction price in the last auction round where the sum of all requirements of active applicants has reached 100 or higher.
(13) The operator of the underground gas storage tank shall send notification of the reservation of storage capacity electronically immediately after the auction has ended, together with the final price per storage capacity unit. The notified reserved storage capacity shall not be considered as reserved unless the active applicant has concluded a gas storage contract no later than 15 calendar days after the date of notification of the reservation of storage capacity.
(14) The operator of the underground gas storage tank shall return the financial security within 10 calendar days of the end of the auction to the active applicant for which storage capacity has not been reserved. The operator of the underground gas storage tank shall return the financial security to the active applicant for which storage capacity has been reserved within 10 calendar days of the conclusion of the gas storage contract. An active applicant to whom storage capacity has been reserved and who has not concluded a gas storage contract within the deadline, the gas storage provider shall not return the financial security. ';
6. After Article 17, the following paragraphs 17a to 17c are inserted:
Procedure for the reservation of storage capacity for monthly gas storage contracts
(1) The operator of the underground gas storage tank reserves storage capacity for monthly gas storage contracts on the basis of a multi-wheel electronic auction. The operator of the underground gas storage tank shall organise the auction no later than 25 calendar days and no later than 30 calendar days before the start of the month in which the free storage capacity for monthly gas storage contracts is available. The gas container operator shall publish the size of the free storage capacity in a way that allows remote access.
(2) The gas storage provider shall publish the terms of the auction for free storage capacity for monthly gas storage contracts no later than 40 calendar days before the start of the month in which the free storage capacity is available in a way that allows remote access. The terms of the auction shall be proportionate, non-discriminatory and transparent. The terms of the auction shall include the same terms as those of the auction when booking storage capacity for the annual gas storage contract, provided that the price per unit of storage capacity is constant throughout the contract period. Furthermore, the terms of the auction shall include the determination of the number of calendar months for the use of storage capacity.
(3) Paragraph 17 (3) and (6) to (12) shall apply mutatis mutandis to the auction. The requirement for the duration of the contract shall be given as an integer expressing the number of months of the contract between 1 and the maximum value determined in accordance with the last sentence of paragraph 2.
(4) The operator of the underground gas storage tank shall send notification of the reservation of storage capacity electronically immediately after the auction has ended, together with the final price per storage capacity unit. The notified reserved storage capacity shall not be considered as reserved unless the active applicant has concluded a gas storage contract no later than 5 calendar days after the date of notification of the reservation of storage capacity.
(5) Paragraph 17 (14) shall apply mutatis mutandis for the recovery of financial security.
Procedure for the reservation of storage capacity for daily and short-term gas storage contracts
(1) A request for the reservation of storage capacity for daily gas storage contracts shall be submitted by the user to the operator of the underground gas storage tank no later than 10 calendar days and not earlier than 25 calendar days before the start of the first gas day from which the reservation is requested. The gas storage tank operator shall evaluate the applications received and report the results of the storage capacity reservation to all applicants 8 calendar days before the start of the first gas day from which the reservation is requested.
(2) The short-term contract for the storage of gas with interruptible power is concluded by the operator of the underground gas storage tank only with users who have a fixed-power gas storage contract. The request for the reservation of storage capacity for short-term interruptible gas storage contracts shall be submitted by the user no later than 15 calendar days and not earlier than 40 calendar days before the start of the first gas day from which the reservation is requested by the gas storage provider unless the gas storage provider agrees otherwise with the relevant user. The gas storage tank operator shall evaluate the applications received and report the results of the storage capacity reservation to all applicants 10 calendar days before the start of the first gas day from which the reservation is requested, unless the gas storage tank operator agrees otherwise with the user.
(3) The resulting reserved storage capacity notified to the applicant shall not be deemed to be reserved unless the applicant has concluded a gas storage contract with the gas storage operator within five calendar days of the date of notification of the reservation of storage capacity.
(4) In the event that all applicants for reserve storage capacity for daily contracts cannot be satisfied, the operator of the underground gas storage tank shall allocate free storage capacity in proportion to the size of each requirement. If the requirement exceeds the free storage capacity, the operator of the underground gas storage tank shall reduce that requirement to the amount of free storage capacity before the distribution of the free storage capacity.
(5) The details of the request for reservation of storage capacity are set out in Annex 4 to this Order.
Procedure for the reservation of new storage capacity for annual gas storage contracts
(1) Pursuant to paragraphs 2 to 8, the operator of the underground gas storage tank, planning the construction of new storage capacity, shall reserve a maximum of 90% of that storage capacity. The remaining part of the new storage capacity shall be reserved by the gas container operator in accordance with the procedure laid down in § 17 or § 17a.
(2) The operator of the underground gas storage tank reserves new storage capacity for annual gas storage contracts on the basis of a multi-wheel electronic auction. The operator of the underground gas storage tank shall start the auction not earlier than 4 years before the start of the storage year from which it is possible to start the storage of gas using new storage capacity.
(3) The maximum duration of the contract for new storage capacity is 15 storage years. The duration of the contract shall be determined by the operator of the underground gas storage tank when the auction conditions are announced.
(4) Where the construction of new storage capacity leads to a gradual increase in storage capacity or individual parameters, and the operator of the underground gas storage tank indicates an increase in storage capacity or individual parameters for each year in the auction conditions referred to in paragraph 5 (h), the operator shall apportionally allocate this increase in storage capacity or individual parameters to all users to whom the new storage capacity has been reserved.
(5) The operator of the underground gas storage tank shall publish the terms of the auction for new storage capacity no later than 90 days before the scheduled start of the auction. The terms of the auction shall be proportionate, non-discriminatory and transparent. The terms of the auction include:
(a) the minimum price per unit of storage capacity determined in CZK for 1 m3 of operating volume and the method of calculating the price per unit of storage capacity for other storage years during the period of booking of storage capacity,
(b) the minimum quantity in% which must be booked in the auction in order not to cancel the auction by the operator of the underground container;
(c) the date of the auction,
(d) the required means of secure electronic communication, including alternative means of communication in the event of failure of electronic communication on the part of the applicant;
(e) the procedure for the lodging of a financial guarantee;
(f) the model of the gas storage contract to be concluded with the auction participants, to which storage capacity will be reserved; the proposal shall contain the terms of the price review for adjusting the price after a minimum of 5 storage years in accordance with the principles usual in the gas industry;
(g) the duration of the gas storage contract;
(h) the total storage capacity offered in the first year of storage and subsequent years of the contract, provided that the new storage capacity or individual parameters are gradually increased;
(i) a model of the electronic application for first access to the information system of the gas operator; the model of the application for access to the information system of the gas storage operator contains the same information about the applicant as the request for reservation of storage capacity in accordance with Annex 4 to this Decree.
(6) A gas trader who forms a group's underground gas container operator or part of the same group or other business group, and alone or in conjunction with other gas traders who form a group's underground gas container operator or are part of the same group or business group, shall have a storage capacity of at least 80% of the capacity of its virtual gas storage tank operated by it, may, as an applicant, participate in an auction for new storage capacity only if the minimum price for storage capacity referred to in paragraph 5 (a) is lower or equal to the market price of storage capacity with the same or comparable parameters for annual gas storage contracts in the Czech Republic. In such a case, the gas dealer may, according to the previous sentence, apply for storage capacity up to the amount of storage capacity which must be booked under auction terms in order not to cancel the auction by the operator of the underground storage tank. Paragraph 17 (4), second sentence shall apply mutatis mutandis.
(7) The requirement of a gas dealer or, where applicable, of a gas dealer as referred to in paragraph 6 for storage capacity will be reduced by the gas storage capacity requirements of the gas operator of the other applicants, but not more than the difference between the minimum quantity referred to in paragraph 5 (b) and the storage capacity requirements of the other applicants.
(8) Paragraph 17 (3) and (6) to (14) shall apply mutatis mutandis to the auction. The requirement for the duration of the contract shall not be indicated. The applicant shall lodge the financial security no later than 5 calendar days before the auction date. The minimum price per unit of storage capacity shall be determined in accordance with paragraph 5 (a). ';
Efficacy
This Decree shall take effect on 1 October 2008.
Chairman:
Ing. Fiøt v. r.
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Regulation Information
| Citation | Decree No. 354 / 2008 Coll., amending Decree No. 524 / 2006 Coll., on the rules for the organisation of the gas market and the production, assignment and use of gas supply type diagrams, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.09.2008 |
|---|---|
| Effective from | 01.10.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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