Act No. 362 / 2021 Coll.
Act amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws
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Law
Effective from 01.01.2022
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362
THE LAW
of 14 September 2021
amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Energy Act
Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in Energy Industries and on the Amendment to Certain Laws (Energy Act), as amended by Act No. 151 / 2002 Coll., Act No. 262 / 2002 Coll., Act No. 278 / 2003 Coll., Act No. 250 / 2014 Coll., Act No. 131 / 2003 Coll., Act No. 151 / 2004 Coll., Act No. 186 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 350 / 2012 Coll., Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 211 / 2011 Coll., Act No. 299 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 227 / 2011 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll.
1. In footnote 1, the third and fourth sentences are deleted.
2. In footnote 1a, the fourth and fifth sentences are deleted and at the end of the footnote, the sentence "Commission Regulation (EU) 2017 / 460 of 16 March 2017 establishing a network code for harmonised transmission tariff structures for natural gas is added to the separate lines. Regulation (EU) 2017 / 1938 of the European Parliament and of the Council of 25 October 2017 on measures to ensure security of gas supply and repealing Regulation (EU) No 994 / 2010. Regulation (EU) 2019 / 941 of the European Parliament and of the Council of 5 June 2019 on risk preparedness in the electricity sector and repealing Directive 2005 / 89 / EC. Regulation (EU) No 2019 / 943 of the European Parliament and of the Council of 5 June 2019 on the internal market in electricity. ';
3. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (e) is added:
"(e) an undertaking in a group which has a right of control over another undertaking or which is controlled by another undertaking."
4. in Article 2 (2) (a) (1), the words "operated by a licence holder for the distribution of electricity" shall be inserted after the words "35 kV."
5. In Article 2 (2), the following points 31 to 33 are added at the end of point (b):
"31. international assistance in gas crisis situations where the Czech Republic adopts or provides solidarity measures pursuant to Article 13 of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council;
32. storage year, the period of time beginning on 1 April and ending on 31 March of the following calendar year,
33. Service of the cross-border use of the gas storage device, use of the gas storage device to transfer gas between the Czech gas system and the foreign gas system; This is not considered to be the transport of gas. ';
6. In Article 3 (1), the words "gas and 'are replaced by the words" gas,' and the words "and intermediary activity in the energy sector 'are added at the end of the text of the paragraph.
7. in Article 3 (4) (a), the word "biomethane," shall be deleted;
8. In Article 3, at the end of paragraph 4, the dot is replaced by a comma and the following point (d) is added:
"(d) the pursuit of intermediary activities in the energy sector.";
9. Paragraph 3 (6) reads as follows:
"(6) Intermediate activities in the energy sector may only be carried out by persons on the basis of an authorisation for the activity of an intermediary in the energy sector (hereinafter referred to as the" intermediary ') granted by the Energy Regulatory Authority. This shall be without prejudice to the right of the licence holder to act as a representative of the customer when a change or cancellation of an obligation under a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas is authorised by the customer.';
10. In Article 3, the following paragraph 7 is added:
"(7) Intermediate activities in the energy sector are activities carried out for the benefit of the licence holder, the consumer, the commercial natural person receiving electricity from the low voltage level or the undertaking natural person with annual gas consumption up to 630 MWh, consisting of:
(a) the provision of an opportunity to conclude, amend or terminate a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas between the licence holder and the customer referred to in this paragraph; or
(b) the contract referred to in (a); or
(c) carrying out preparatory meetings and work towards the activities referred to in points (a) and (b). "
11. in Article 3, the following paragraph 8 is added:
"(8) Intermediate activities in the energy sector shall not constitute a one-off free-of-charge action by an agent acting outside the scope of business, the purpose of which is to conclude, modify or terminate a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas on the basis of the power of attorney issued. ';
12. in Article 5 (4) (c) and 17 (1), the word "energy" is replaced by the words "energy sectors."
13. in Paragraph 9 (6), the text "paragraph 2" is replaced by "paragraph 1 (c)."
14. in Paragraph 10 (3) (b), the words "or the insolvency application was rejected because the property of the licence holder is not sufficient to cover the costs of insolvency proceedings," shall be deleted.
15. in Article 11 (1), the words "free of charge" shall be added at the beginning of point (f) and at the end of the text in point (f), the words "and to provide free of charge information on the billing of electricity and related services in electricity and heat supply," and in Article 11 (1) (o), Article 17 (7) (e) and Article 96 (2), the words "customer in position" shall be deleted;
16. In Article 11, paragraphs 5, 6 and 7 are added:
"(5) The licence holder for the production of electricity, electricity, gas or gas shall be obliged to allow the customer to pay for the supply of electricity or gas in a manner which does not discriminate against it.
(6) The holder of a licence for the production of electricity, electricity, gas production or gas trade or the supplier of heat energy shall set advance payments for the supply of electricity, gas or heat to a maximum of the reasonably foreseeable consumption of electricity, gas or heat in the following settlement period.
(7) The holder of a licence for the production of electricity, gas production, trade in electricity, gas trade, heat generation or heat distribution is obliged to offer customers the possibility of providing free billing for energy supplies and related services in electronic form. Where a customer does not choose to provide a bill of account for energy supplies and related services or paper-based billing information, the licence holder shall provide the customer with an electronic bill or billing information; This shall not apply if the customer, even on a written notice, does not communicate to the licence holder an electronic contact for delivery of the bill or billing information. ';
17.
"Some customer protection measures
(1) The holder of a licence for the production of electricity, electricity, gas or gas shall publish on his website:
(a) gas supply conditions and gas supply prices;
1. consumers,
2. operating natural persons with annual gas consumption up to 630 MWh;
(b) the conditions for the supply of electricity and the prices for the supply of electricity for:
1. consumers,
2. undertaking natural persons collecting electricity from low voltage levels.
(2) The increase in the price of the supply of electricity or gas or the change in other contractual conditions for the supply of electricity or gas shall be communicated by the licence holder to the consumer and to the natural person referred to in paragraph 1, at the latest on the 30th day before the date of its effectiveness, in the manner specified in the contract for the supply of electricity or gas or the contract for the combined supply of electricity or gas. The notification shall include an instruction on the right of the other Contracting Party to refuse amendments and terminate the obligation without penalty under paragraph 4.
(3) If the amendment is not notified in accordance with paragraph 2, it shall not give rise to legal effects.
(4) Where the consumer or an undertaking natural person referred to in paragraph 1 does not agree to an increase in the price or a change in other contractual terms, they shall be entitled to terminate the obligation of the contract without penalty at any time until the 10th day before the effective date of the increase in the price or amendment of other contractual terms, such notice being effective on the date immediately preceding the effective date of the increase in the price or amendment of the other contractual terms. The time limit shall be maintained if, in the course of the contract, a notice of termination is sent to the licence holder.
(5) The right to terminate the contract does not arise if the conditions are changed
(a) an increase in the regulated component of prices, taxes or charges;
(b) an amendment to the legislation. "
18. The following Sections 11b to 11o are inserted after Section 11a, including the headings:
(1) The consumer is entitled to terminate without penalty an obligation under a contract for the supply of electricity or gas or a contract for a combined service of supply of electricity or gas which he has entered into on the change of supplier in a distance or outside the premises of the licence holder at any time until the 15th day after the start of the supply of electricity or gas. The time limit shall be maintained if, in the course of the contract, a notice of termination is sent to the licence holder. The period of notice shall be 15 days and shall begin on the first day of the month following receipt of the notice.
(2) Paragraph 1 shall be without prejudice to the right of the consumer to withdraw from a contract concluded in a distance or outside the premises of a civil code, and the 14-day period for withdrawal shall run from the date of its conclusion.
(3) It shall be for the licence holder to prove that the contract has not been concluded in a distance or outside the premises of the licence holder.
Where the consumer enters into a contract for the supply of electricity or gas or a contract for a fixed-term combined service of supply of electricity or gas, in which an extension of the duration of the obligation is agreed without his express consent, the consumer shall be entitled to terminate the contract without penalty at any time until the 20th day before the end of the agreed duration of the obligation with effect on the date of expiry of the agreed duration of the obligation.
Where the consumer enters into a contract for the supply of electricity or gas or a contract for a fixed-term combined service of supply of electricity or gas and exceeds the period of supply of electricity or gas, including any extension of the contract for 36 months, the contract shall be deemed to have been concluded for an indefinite period after that period.
If a customer who receives electricity from a low voltage level or with an annual gas consumption of up to 630 MWh owns or uses the right to take-off, he is entitled to terminate, without penalty, an obligation from the electricity or gas supply contract or an obligation from the associated electricity or gas supply service contract. The period of notice shall be 15 days and shall begin on the first day of the month following receipt of the notification of the declaration of the undertaking to the licence holder.
Conditions for the activity of the intermediary
(1) The Energy Regulatory Authority shall grant an authorisation to act as an intermediary and shall register the applicant's intermediaries, which:
(a) is fully competent;
(b) is fair as defined in Article 5 (4);
(c) is reliable; and
(d) has completed at least a secondary education and at least five years of experience in the production or trade of electricity or gas or has established a responsible representative who fulfils this condition.
(2) It shall not be considered as reliable if, in the last 3 years before the application, the defendant has been definitively recognised as guilty of an offence under this Act or the Consumer Protection Act.
(3) A person who was a member of the statutory body of a legal person at a time when that legal person has committed an act for which he or she does not fulfil the condition of integrity or reliability shall be regarded as not being fair or reliable for the purposes of assessing the conditions referred to in paragraph 1 (b) and (c).
(4) Where a legal person is an applicant for authorisation to act as an intermediary, it shall comply with the conditions laid down in paragraph 1 (b) and (c). The conditions referred to in paragraph 1 (a) to (c) shall also be fulfilled by members of the statutory body of that legal person; where a legal person is a member of a statutory body, the natural person representing it must fulfil these conditions.
(5) In addition, the legal person shall be required to appoint a responsible representative who shall be responsible for and under contract with the proper exercise of the intermediary's activities in the energy sector. No one may be appointed as responsible representative for more than 4 intermediaries. The agent responsible shall comply with the conditions for authorisation of the intermediary referred to in points (a) to (c) of paragraph 1 and shall have completed at least a middle education and at least 5 years of experience in the production or trade of electricity or gas. Paragraph 6 (6) shall apply mutatis mutandis.
Management of the application for authorisation to act as an intermediary
(1) An application for authorisation to act as an intermediary shall be made on a form and shall include, in addition to the formalities laid down in the administrative rules, information on compliance with the conditions for the activity of an intermediary laid down by this law.
(2) Compliance with the conditions of full competence and reliability is evidenced by a written declaration. Compliance with the required education and professional practice shall be demonstrated by evidence of the educational attainment and documents certifying the form, content and duration of professional experience.
(3) Compliance with the conditions of integrity shall be certified by an extract from the Register of Penalties which shall not be more than 3 months old. In order to verify compliance with the condition of integrity, the Energy Regulatory Authority may request from the Register of Penalties an extract from the Register of Penalties; the application shall be made in electronic form, in a way that allows remote access. The Register of Penalties shall provide, at the request of the Energy Regulatory Authority, an extract from the Register of Penalties. The fulfilment of the condition of integrity of a person who is not a national citizen of the Czech Republic or has no registered office in the Czech Republic shall also be certified by a similar document which may not be older than 3 months, certifying integrity, issued by the State of which that person is a national citizen or in which he is established, as well as by the States in which that person has been resident or resident continuously over the last 3 years (hereinafter referred to as the "home State ') and accompanied by an official translation into the Czech language; where such proof is not issued by the home State, proof of integrity shall be furnished by written declaration of honour.
(4) If the Energy Regulatory Authority conforms to the request referred to in paragraph 1, it shall enter the applicant in the register of intermediaries and send him a registration certificate containing his name and surname or name, registration number, date of registration, address of registered office, identification number, if any, the name and surname of the agent responsible, if provided, and the date of his or her appointment and expiry of the authorisation. The decision shall become final at the time of entry in the register of intermediaries and shall not be drawn up in writing.
(5) The authorisation shall be granted for a period of 5 years from the date of entry of the intermediary in the register of intermediaries.
Extension of authorisation to act as intermediary
(1) The validity of the authorisation to act as an intermediary may be extended by 5 years, including repeatedly.
(2) An application for renewal of an authorisation may be submitted not earlier than 6 months and not later than 90 days before its expiry. Paragraph 11g (1) to (3) shall apply mutatis mutandis.
(3) When deciding on an application, the Energy Regulatory Authority shall act in a similar manner to that of a request for authorisation to act as an intermediary.
Notification obligation of the intermediary
The intermediary shall notify the Energy Regulatory Authority without delay that:
(a) no longer fulfils the conditions for the activity of the intermediary; or
(b) the information contained in the application has changed.
Termination and withdrawal of authorisation to act as intermediary
(1) The authorisation for the activity of an intermediary shall cease to exist
(a) death of a natural person or his declaration of death;
(b) the disappearance of a legal person;
(c) notification of termination of the activity of the intermediary;
(d) the expiry of the authorisation;
(e) a decision by the Energy Regulatory Authority to withdraw the authorisation; or
(f) imposing a prohibition of action.
(2) The Energy Regulatory Authority shall withdraw the authorisation to act as an intermediary if its holder:
(a) no longer fulfils the conditions for the activity of the intermediary;
(b) in the exercise of an intermediary activity in the energy sector, has seriously infringed that law or other legislation relating to that activity; or
(c) indicate false information in the application for authorisation or extension.
(3) If the authorisation has been withdrawn, a reapplication for authorisation may be lodged not earlier than three years after the date of the decision to withdraw the authorisation.
Register of intermediaries
(1) The Energy Regulatory Authority shall keep an electronic register of intermediaries, which is a public administration information system. The register of intermediaries shall include:
(a) registration number and date of registration;
(b) the name and surname or name of the person;
(c) the address of the registered office;
(d) identification number, if assigned,
(e) the name and surname of the agent responsible, if any, and the date of its provision and termination of office;
(f) the period of validity of the authorisation; and
(g) the date of expiry of the authorisation.
(2) The data referred to in paragraph 1 shall be deleted from the register of intermediaries after a period of 3 years from the date of expiry of the authorisation.
(3) The data contained in the register of intermediaries shall be published by the Energy Regulatory Authority on its website.
Obligations of the intermediary
The intermediary shall:
(a) inform the consumer of the fact that he has been acting as an intermediary since the first contact with him, in particular to prove with a certificate and to communicate his identity, address of the registered office, identification number, if assigned, and registration number,
(b) to conduct its activities with fair and professional care;
(c) take into account effectively the rights and legitimate interests of the consumer in their activities and give them priority over their own interests, in particular to respect, in due time, the consumer's will and, without undue delay, to inform the consumer of all essential facts, including imminent damage.
Energy brokerage contract concluded with the consumer
(1) The Energy Intermediary Treaty undertakes to carry out intermediary activities in the energy sector for consumers.
(2) The contract for mediation in the energy sector concluded with the consumer must be in writing and the contract must be made out to the consumer in paper form. It can only be transmitted electronically if the consumer has given his consent in writing.
(3) The contract for mediation in the energy sector concluded with the consumer must contain:
(a) the name and surname or name of the intermediary, the address of the registered office, the identification number, if assigned, and its registration number;
(b) the amount of the intermediary's remuneration to be paid by the consumer; if the amount of remuneration is not known at the time of conclusion of the contract, the method of calculation shall be indicated,
(c) the maturity of the intermediary's remuneration if it is to be paid by the consumer;
(d) the content of the contract for the supply of electricity or gas or the contract for the combined supply of electricity or gas which the consumer is interested in concluding, at least
1. whether it concerns the supply of electricity or gas;
2. whether it is a fixed-term contract or an indefinite contract;
3. the total price the consumer is willing to pay for the supply of electricity or gas;
(e) the content of the representation agreement, provided that the consumer has empowered the intermediary to obtain the opportunity to conclude, amend or terminate a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas to the customer or to negotiate such a contract for the account of the customer or the licence holder or to carry out preparatory work aimed at obtaining the opportunity or concluding the contract;
(f) information on the right of the consumer to terminate the obligation under the contract and, where appropriate, the right to revoke the authorisation pursuant to § 11o;
(g) the period for which it was closed;
(h) conditions for the termination of the undertaking; and
(i) information on the right of the consumer to withdraw from the energy mediation contract.
(4) Where the consumer empowers the intermediary or the licence holder to conclude a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas, to amend or withdraw an undertaking from such a contract, the authorisation shall expire no later than 12 months after the date of conclusion of the representation agreement. This shall be without prejudice to the right of the principal to grant the same person a new power of attorney with the same content by a new legal act. Where the content of the representation agreement, including the date of its conclusion, is indicated in the mandate, it shall be sufficient to grant the mandate in writing.
(5) The intermediary shall provide the consumer with a written copy of the contract for the supply of electricity or gas or the contract for the combined supply of electricity or gas which it has concluded for it without delay, not later than 14 days after the conclusion of the contract, but not later than the date of the start of the supply under that contract.
(6) In the case of intermediary activities in the energy sector, intermediaries shall be subject to the obligations under Article 11 (1) (g), (j) and (k) and (m) mutatis mutandis. In the case of intermediary activities, the licence holders for the production of electricity, trade in electricity, production of gas and trade in gas shall be subject to the obligations laid down in paragraphs 2 to 5 and Article 11l mutatis mutandis.
The consumer is entitled at any time without penalty and financial performance
(a) terminate without notice an obligation under an energy mediation contract; or
(b) withdraw the authorisation to conclude a contract for the supply of electricity or gas or a contract for a combined service of supply of electricity or gas, to amend or withdraw an undertaking from that contract.
For the purposes of the first sentence, the remuneration of the intermediary referred to in the intermediary contract referred to in Article 11m (3) (b) or a proportion thereof shall not be regarded as a service already provided.
Where the intermediary has concluded a contract for the supply of electricity or gas or a contract for the combined supply of electricity or gas, the consumer shall be entitled, without penalty, to terminate the obligation under the contract at any time until the 15th day following the start of the supply of electricity or gas. The time limit shall be maintained if, in the course of the contract, a notice of termination is sent to the licence holder. The period of notice shall be 15 days and shall begin to run on the first day of the month following receipt of the notice of termination of the contract to the licence holder.
Regulation by order of the municipality
The municipality may provide that certain forms of sale of goods or the provision of services carried out outside the premises are prohibited in the course of a licensed activity by the licence holder or in the exercise of an intermediary activity in the energy sector under this Act in the municipality or part thereof.
(1) The consumer is entitled to submit a proposal to the Energy Regulatory Authority to resolve the dispute concerning the fulfilment of an obligation under an energy mediation contract.
(2) The procedure laid down in Part Four of the Consumer Protection Act shall apply mutatis mutandis to the resolution of disputes before the Energy Regulatory Authority referred to in paragraph 1.
(3) The intermediary shall provide the Energy Regulatory Authority with an opinion on the information given by the consumer within 15 working days of receipt of the request from the Energy Regulatory Authority. The mediator shall cooperate closely and shall provide the Energy Regulatory Authority with the synergies necessary for the effective conduct of the dispute resolution.
53) Article 11 (1) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended. '
19. In Section 16 of the introductory part of the provision, the word "energy 'is replaced by the words" energy sectors'.
20. In Article 16, the following point 13 is added at the end of point (d):
"13th measures to address the lack of resources for electricity generation in the Czech Republic,"
21. in Article 16, point (i) is deleted;
Points (j) to (y) shall be renumbered (i) to (x).
22. in Paragraph 16 (l), the words "binding opinion" shall be replaced by "observations."
23. footnote 21 reads as follows:
"(21) Regulation (EU) 2017 / 1938 of the European Parliament and of the Council. ';
24. In Article 16, at the end of point (x), the dot is replaced by a comma and the following point (y) is added:
"(y) the Czech Republic shall exercise its competence in international assistance in crisis situations in the gas industry in accordance with the directly applicable regulation of the European Union governing the measure to ensure security of supply of natural gas. 21)."
25. In Article 16, the current text becomes paragraph 1 and the following paragraph 2 is added, including footnote 48:
"(2) The Ministry as a central body of the State administration for the energy sector (2)
(a) accept or submit requests for international assistance to neighbouring Member States of the European Union in crisis situations in the gas industry;
(b) take over or transmit to neighbouring Member States of the European Union and gas market participants, in return for payment, the gas provided in international assistance in crisis situations in gas; This is not considered to be a gas trade,
(c) decide on the reserve of the gas storage tank exclusively for the transmission system operator and on the designation of the gas storage tank to be reserved and the time of the reserve of the gas storage tank and on the basis of the binding opinion of the Energy Regulatory Authority, the price for the use of the reserved gas storage tank or the method of its determination as well as the way in which the gas is bought and sold;
(d) exercise the competence of a Member State of the European Union and is the competent authority under the regulation on the risk preparedness in the electricity sector (48); the operational tasks related to risk preparedness planning and risk management as set out in this Regulation may be delegated by the Ministry to transmission system operators and distribution system operators.
48. ';
26. in Article 17 (6) (d), including footnote 49:
"(d) price regulation under this Act, the Law on Prices and the directly applicable European Union Code governing the network code of harmonised transmission tariff structures for natural gas (49);
49) Commission Regulation (EU) 2017 / 460 of 16 March 2017 establishing a network code for harmonised transmission tariff structures for natural gas. '.
27. in Article 17 (7) (i), the part of the sentence after the semicolon, including the semicolon, is deleted;
28. in Paragraph 17 (7) (j) (1), "customer" is replaced by "consumer."
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Regulation Information
| Citation | Act No. 362 / 2021 Coll., amending Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.10.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
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