Decree No. 358 / 2009 Coll.
Decree amending Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended by Decree No. 363 / 2007 Coll.
Valid
Order
Effective from 31.10.2009
Text versions:
31.10.2009
16.10.2009
358
DECLARATION
of 8 October 2009
amending Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended by Decree No. 363 / 2007 Coll.
Pursuant to Section 98a (2) (a) 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. 158 / 2009 Coll.:
Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended by Decree No. 363 / 2007 Coll., is amended as follows:
1.
Subject matter
This decree sets out the models for applications for the grant, modification and cancellation of licences, the particulars of the declaration by the responsible representative, the methods of determining the territory and establishment defined, the demonstration of the right of ownership or use for the use of energy equipment, the methods of proving the financial and technical assumptions and the competence for each type of licence. ';
(2) Paragraph 2 shall be deleted, including the title.
3. In Paragraph 3 (1), "17 'is replaced by" 22'.
4. Article 8, including the title and footnotes Nos 4a and 4b, reads:
Financial assumptions and methods of demonstrating them
(1) The applicant demonstrates that, during the last 3 years from the date on which the application for a licence was lodged, the court has not cancelled the insolvency proceedings on the applicant's assets because the order for the insolvency proceedings had been complied with, or that the court has not rejected the insolvency application because the debtor's assets were not sufficient to cover the costs of the insolvency proceedings, or that the court has not decided to cancel the insolvency proceedings because the debtor's assets were completely inadequate. Where the last 3 years from the date on which the licence application was submitted fall within the period before 1 January 2008, the financial assumptions referred to in the sentence of the first applicant registered in the Commercial Register shall also be demonstrated by an extract from the Commercial Register, not more than 3 months after the date on which the application was submitted, and by an applicant kept in a trade register or similar register, and not more than 3 months after the date of application.
(2) The applicant demonstrates that he does not have to register arrears on taxes and charges, a certificate of integrity issued by the competent financial authority, not more than 3 months after the date of application. The applicant shall provide proof of non-compliance, issued by the competent customs authority, not more than 3 months after the date on which the licence application was submitted, that no arrears on duties have been registered.
(3) The applicant demonstrates that he does not have to register arrears on social security contributions and contributions to the state employment policy, including periodic penalty payments, attestations (4a), not more than 3 months after the date of application for the licence, issued by the competent district social security administration.
(4) The applicant shall demonstrate that he has not registered arrears in respect of fines and charges against the Czech Republic or the local authorities, which cannot be supported by documents issued under paragraph 2 or 3, and by a declaration of arrears in respect of general health insurance premiums. The applicant shall also provide evidence that, during the past 3 years from the date of the application, the court has not cancelled the bankruptcy proceedings on the applicant's assets because the order for insolvency has been completed or because the court has not rejected the insolvency proceedings because the debtor's assets were not sufficient to cover the costs of insolvency proceedings or because the court has not decided to cancel the insolvency proceedings because the debtor's assets are wholly inadequate when the applicant is engaged in a business activity and is not registered in the business register or held in a business register or similar register, or when the applicant is not engaged in business activities during the relevant period.
(5) The applicant for the licensing of electricity transmission, electricity distribution, gas transport, gas storage, gas distribution, thermal energy production, thermal energy distribution or electricity production, provided that the installed electricity output of the electricity plant is 1 MW or higher, the financial assumptions further demonstrate
(a) the volume of funds available:
1. monthly statements from the bank account on the initial and final balances for the last one current year or for a shorter period, unless they carry on business for at least one year;
2. a statement by the bank in respect of which the applicant has a current account, of the applicant's ability to meet its financial obligations and of movements in the account over the last one current year or less, unless the applicant carries out business activities for at least one year; or
3. a credit agreement or other similar agreement, where the applicant does not have sufficient own resources and a repayment schedule for all existing loans;
(b) the most recent accounts audited by the auditor where the applicant has an obligation to process the audit, including an annex thereto, to the full extent where the applicant has carried out business activities during the previous financial year, or, where appropriate, a tax register or a record of revenue and expenditure under the Income Tax Act (4b);
(c) details of commercial assets and net commercial assets, unless they derive from financial statements, the commercial assets being calculated for the purposes of this decree as the sum of tangible assets, cash and valuables, cash in bank accounts, stocks, receivables including loans and loans and other assets; the value of liabilities, including loans and loans, wages and reserves, shall not be included in the assets; the applicant who maintains the tax records (4a) demonstrates the financial capacity of the commercial property calculated from the data provided in the Natural persons Income Tax return during the last tax period;
(d) a business plan describing the long-term ability to finance the licensed activity and the expected costs and revenues of the licensed activity by the financial balance of the applicant; the content of the applicant's financial balance is set out in Annex No 23 to this Order.
(6) An applicant for a licence for the production of electricity for the installed electricity output of a power plant from 200 kW to 1 MW inclusive can demonstrate the financial assumptions referred to in paragraphs 1 to 3 by a declaration.
(7) The applicant for the grant of a licence for the production of electricity from an installation using a renewable energy source that is newly put into service further demonstrates the financial assumptions by the final budget of the individual items of investment carried out to put it into service.
(8) The applicant for a licence for trade in electricity or gas further demonstrates the financial assumptions for the arrangements referred to in paragraph 5 (a) and (b).
4 (a) Section 22 of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended by Act No. 424 / 2003 Coll.
4b) Act No. 586 / 1992 Coll., on Income Tax, as amended. '
5. in Article 9 (a), the words "territorial assent" shall be inserted after the word "establishment."
6. in Article 9 (f):
"(f) for energy installations already in use, evidence demonstrating compliance with the requirements for ensuring safety of work (revision report) laid down by special legislation (6) or expert opinion, not more than 6 months old, certifying compliance with the requirements for safety of work; and
1. by territorial consent, approval decision or notification of the intention to start using the construction site at the same time as a declaration by the applicant that the construction site has not prohibited the use of the construction site, or by the approval of the building, or, where appropriate, by documentation of the actual implementation of the construction or by simplified documentation obtained under the conditions laid down in the building law; or
2. In the case of energy equipment previously used for business in the energy sector on the basis of a decision granting a licence, it is in another credible way to demonstrate compliance with the conditions for use of the building under the construction law. "
7. In Article 9 (g), the word "also 'is inserted after the word" energy'.
(8) Annexes 1 to 23 shall read as follows:
Příloha č. 1
Annex No 1 to Decree No 426 / 2005 Coll.
Příloha č. 2
Annex No 2 to Decree No 426 / 2005 Coll.
Příloha č. 3
Annex 3 to Decree No 426 / 2005 Coll.
Příloha č. 4
Annex No 4 to Decree No 426 / 2005 Coll.
Příloha č. 5
Annex No 5 to Decree No 426 / 2005 Coll.
Příloha č. 6
Annex No 6 to Decree No 426 / 2005 Coll.
Příloha č. 7
Annex No 7 to Decree No 426 / 2005 Coll.
Příloha č. 8
Annex No 8 to Decree No 426 / 2005 Coll.
Příloha č. 9
Annex No 9 to Decree No 426 / 2005 Coll.
Příloha č. 10
Annex No. 10 to Decree No. 426 / 2005 Coll.
Příloha č. 11
Annex No 11 to Decree No 426 / 2005 Coll.
Příloha č. 12
Annex No 12 to Decree No 426 / 2005 Coll.
Příloha č. 13
Annex No. 13 to Decree No. 426 / 2005 Coll.
Příloha č. 14
Annex No 14 to Decree No 426 / 2005 Coll.
Příloha č. 15
Annex No 15 to Decree No 426 / 2005 Coll.
Příloha č. 16
Annex No 16 to Decree No 426 / 2005 Coll.
Příloha č. 17
Annex No. 17 to Decree No. 426 / 2005 Coll.
Příloha č. 18
Annex No 18 to Decree No 426 / 2005 Coll.
Příloha č. 19
Annex No 19 to Decree No 426 / 2005 Coll.
Příloha č. 20
Annex No 20 to Decree No 426 / 2005 Coll.
Příloha č. 21
Annex No 21 to Decree No 426 / 2005 Coll.
Příloha č. 22
Annex No 22 to Decree No 426 / 2005 Coll.
Příloha č. 23
Annex No 23 to Decree No 426 / 2005 Coll.
Transitional provision
Applications for licences for business in the energy sector submitted before the date of entry into force of this Order shall be dealt with in accordance with Decree No. 426 / 2005 Coll., on the details of the licensing of business in the energy sector, as in force before the entry into force of this Order.
Efficacy
This Decree shall take effect on the 15th day following its publication.
Chairman:
Ing. Fiøt v. r.
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Regulation Information
| Citation | Decree No. 358 / 2009 Coll., amending Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended by Decree No. 363 / 2007 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.10.2009 |
|---|---|
| Effective from | 31.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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