What is Decree No. 365 / 2009 Coll.?

Decree No. 365 / 2009 Coll., on Gas Market Rules — Decree on Gas Market Rules.

When it became Decree No. 365 / 2009 Coll. effectiveness?

Decree No. 365 / 2009 Coll. became effective 01.01.2010.

Is Decree No. 365 / 2009 Coll. still valid?

Yes, Decree No. 365 / 2009 Coll. is still valid and effective.

How many times was it Decree No. 365 / 2009 Coll. amended?

Decree No. 365 / 2009 Coll. has 11 time versions of the text.

Decree No. 365 / 2009 Coll. - Decree on Gas Market Rules

365

DECLARATION

of 15 October 2009

on Gas Market Rules

The Energy Regulatory Authority ("the Authority '), pursuant to § 98a (2) (i) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll.:

§ 1

Subject matter

(1) This decree, following the directly applicable regulation of the European Communities (1), provides for:

(a) rules on access to the transmission system, the distribution system and the gas storage tank, the scope of the information published to allow access to the transmission system, the distribution system and the gas storage unit, and ways of addressing the gas system's lack of capacity;

(b) procedures and deadlines for the submission of nominations and renominations.

(2) The order also provides for:

(a) dates for submission of applications for contracts on the gas market and dates for conclusion of contracts;

(b) the procedures and conditions for transferring and assuming responsibility for the derogation;

(c) the scope and timing of the transmission of data for the evaluation of derogations and billing of gas supplies and other services, procedures for the evaluation, clearing and balancing of derogations and the settlement and settlement of balancing gas in an emergency and in the prevention of an emergency,

(d) the process of the gas storage tank operator when selling unextracted gas from the gas storage tank after the termination of the gas storage contract;

(e) types of short-term markets, their organisation and means of settlement;

(f) rules on the formation, assignment and use of gas supply diagrams;

(g) dates and procedure for changing the gas supplier;

(h) the procedure for the interruption, restriction and renewal of gas supply in the event of unauthorised gas collection, unauthorised distribution and unauthorised transport;

(i) the procedure for ensuring the supply of gas by the supplier of the last instance.

§ 2

Basic concepts

(1) For the purposes of this decree:

(a) domestic zone - defined territory of the distribution system operator connected to the transmission system and to which at least 90 000 customer demand points are connected;

(b) financial collateral - ensuring financial liabilities of a natural or legal person arising from a commercial relationship with a market operator, transmission system operator, gas container operator or distribution system operator;

(c) border point - summary of transfer points between the transport system in the Czech Republic and foreign transport or distribution systems,

(d) organised short-term gas market - day-to-day gas market and intraday gas market organised by a market operator participating in clearing entities;

(e) unused tolerance - the difference between the tolerance of the clearing entity with the system deviation sign at the given gas date and the total actual deviation of the clearing entity at the given gas date,

(f) nomination of the obligation to deliver and withdraw - a notification by which the clearing entity notifies the market operator of the amount of gas it intends to deliver to or withdraw from the gas system;

(g) transmission nominations - a notification by which the clearing body notifies the transmission system operator of the amount of gas it intends to transport through the relevant point of the transmission system;

(h) storage nominations - notification by which the clearing entity notifies the gas storage provider of the amount of gas it intends to push or extract;

(i) nominations of distribution - a notification by which the clearing entity notifies the distribution system operator of the amount of gas it intends to distribute by a point of the cross-border pipeline or transfer point or by the sum of the gas production points;

(j) standard delivery type diagram - the sequence of relative shares of individual daily customer group gas withdrawals defined by the delivery type diagram class at planned annual consumption in a calendar year, provided that normal climate conditions are met;

(k) responsibility for the derogation - the obligation of the clearing entity to settle in kind or to settle in financial terms the derogation resulting from its obligation to deliver or withdraw gas from the gas system;

(l) fixed supply diagram - supply of gas characterised by a pre-fixed fixed supply level at the sampling point for the gas day;

(m) gas day - time period from 06: 00: 00 on the calendar day to 06: 00 on the following calendar day,

(n) gas month - period beginning on the first gas day of the calendar month and ending on the last gas day of the calendar month,

o) recalculated delivery type diagram - standard delivery type diagram converted into actual gas day climatic conditions;

(p) cross-border pipeline - pipeline connecting the distribution system and the foreign transport or distribution system,

(q) a registered gas market participant - a gas market participant to which the market operator allows access to its information system by registration;

(r) storage capacity - the operating volume of the part or whole virtual gas storage tank, determined in m3 or kWh, the extracting or pumping capacity in kWh / day or the extracting or pumping curve in kWh / day;

(s) by an omotoleration deviation - the deviation of the clearing entity over the permitted tolerance,

t) normal weather conditions - average of daily temperatures from 1971 to 2000 created for gas industry by the Czech Hydrometeorological Institute, calculated from the data of all measurement stations of the Czech Hydrometeorological Institute located at an altitude up to 700 m above sea level,

(u) re-acceptance of the undertaking to deliver and withdraw - the value of the quantities of gas entered after the deadline for submitting the nomination of the undertaking to deliver and withdraw,

(v) re-nomination of the shipment - the value of the quantities of gas entered after the deadline for submitting the nomination of the shipment,

(w) reclamation of storage - value of the quantities of gas entered after the deadline for submission of the storage nomination,

(x) distribution recovery - the value of the gas quantities entered after the deadline for the submission of the distribution nomination,

(y) storage year - period beginning on the first gas day of April and ending on the last gas day of March of the following calendar year,

(z) actual quantity of gas - the quantity of gas determined on the basis of commercial measurement values; For the purposes of assessing, clearing and settlement of derogations, the values determined on the basis of allocation rules and on the basis of the supply type diagrams shall also be considered as the actual amount of gas.

(2) For the purposes of this Order, the following definitions shall also apply:

(a) allocation rule - the method of allocating the amount of gas to the clearing entity at the border point, point of the gas storage device or point of the cross-border pipeline;

(b) system deviation - the sum of the positive and negative deviations of all settlement entities on the gas day adjusted for the use of the flexibility service and the deviation of natural or legal persons other than settlement entities;

(c) the delivery type diagram class - a summary of the characteristics of the sampling points to which the same delivery type diagram is assigned;

(d) the flexibility service - the method of physical balancing the transmission system based on a virtual point of sale based on a contract between the transmission system operator and the settlement entity; the flexibility service is defined by the transmission system operator's deadline for submission of the demand for the supply or collection of gas and the obligation of the clearing entity to accept that requirement and is characterised by the total volume of gas in MWh and the maximum daily quantity of gas delivered and collected on the MWh on the gas day;

(e) virtual point of sale - the place where the nomination of the obligation to deliver gas to the gas system and the obligation to withdraw gas from the gas system is carried out;

(f) virtual gas storage tank - the sum of all gas storage tanks of one gas storage unit operator;

(g) assessment of derogations - determination of the deviation of individual settlement entities in MWh thousands on the gas day;

(h) settlement of derogations - financial or in kind settlement between the settlement entity and the market operator for the differences assessed and settled;

(i) by undertaking to deliver - the obligation of the clearing entity to deliver to the gas system the amount of gas nominated by the clearing entity for the gas day at the virtual point of sale;

(j) obligation to withdraw - the obligation of the clearing entity to withdraw the amount of gas nominated by the clearing body for the gas day at a virtual point of sale from the gas system,

(k) new storage capacity - the first reservation of storage capacity to be made after 1 January 2010;

(l) measurement of the type A - running measurement with remote data transmission,

(m) Type B measurement - other run-through measurements;

(n) type C measurement - non-continuous measurement,

(o) corrected supply type diagram - converted supply type diagram corrected to the value of participation in the residual diagram;

(p) planned annual gas consumption - the value of gas consumption obtained from historical actual gas consumption, adjusted for the effect of temperature, as set out in Annex 10 to this Decree,

q) real climate conditions - average of actual daily air temperatures in the Czech Republic for individual business days, which is calculated from the data of all measurement stations of the Czech hydrometeorological institute located at altitude up to 700 m above sea level,

(r) the recalculated annual gas consumption - the value of the gas consumption obtained from actual gas withdrawals, converted for a period of one year in accordance with Annex 10 to this Regulation;

(s) planned monthly gas consumption - the monthly value of gas consumption agreed in the gas distribution contract;

(t) the closed part of the distribution system - the part of the distribution system whose technical arrangement does not allow the transmission of gas from that part of the distribution system to another part of that distribution system or to another distribution system;

(u) EIC code - identification code clearly identifying the gas market participant and the individual sampling and transfer point.

§ 3

Gas market

(1) Within the gas market, all time data are given at the time applicable in the Czech Republic.

(2) The gas market is carried out using code numbers and code lists administered by the market operator. The code numbers are used to identify customer demand points, transfer points of cross-border pipelines, transfer points or a summary of transmission points of gas production, transfer points or a summary of transfer points between the transmission and distribution system, transfer points between distribution systems, transfer points between gas storage and transmission system and gas market participants excluding customers.

(3) The customer's sample point, the gas transfer point and the distribution system are assigned to only one domestic zone according to the connection point.

(4) The quantity of gas at the outlet of the distribution system for the gas day shall be equal to the quantity of gas at the inlet of the distribution system and the change in accumulation in the distribution system.

(5) The points of entry of the gas system are border points, virtual gas storage points, transfer point or sum of transmission points, transfer points of cross-border pipelines and a virtual point of the transmission system operator. The gas system output points are border points, virtual gas storage points, customer demand points, cross-border pipeline transfer points, virtual demand points representing losses of the distribution system operator in each distribution system and a virtual point of the transmission system operator. There is a virtual point of sale between all entry and exit points of the gas system.

(6) The transmission system operator, distribution system operator and gas storage unit operator shall be considered as customers in the range of losses and own consumption.

Gas transport

§ 4

(1) The transmission of gas shall be negotiated by a clearing entity or by a foreign natural or legal person who is not a clearing entity for a border point or a virtual gas storage point.

(2) The gas transport is arranged by the customer or gas supplier for the customer's sampling site directly connected to the transmission system.

(3) The gas transfer shall be arranged by the distribution system operator for the sum of transmission points between the transmission and distribution system. Transport capacity is reserved at the level of the legislation governing the regulation of energy sectors and price regulation procedures (2).

(4) Gas transport for the virtual point of the transmission system operator shall not be negotiated. The transmission system operator's virtual point serves exclusively for the needs of the transmission system operator and for the physical compensation of deviations.

(5) Gas transport shall be arranged by the gas manufacturer or gas trader for the transfer point or the sum of gas production points connected to the transmission system.

(6) Gas transport shall take place through the point of entry of the transmission system, which is the border point, the point of transfer or the sum of the transmission points of the gas production sites connected to the transmission system, the point of virtual gas storage and the virtual point of the transmission system operator.

(7) The transmission system output point, which is the border point, the virtual gas storage point, the customer demand point directly connected to the transmission system, the transfer point or the sum of transmission points between the transmission and distribution system and the virtual point of the transmission system operator.

(8) The entry point of the virtual gas storage device is the entry point of the transmission system. The output point of the virtual gas storage device is the output from the transmission system.

(9) The transmission system operator shall characterise the transmission system points in particular by the name and capacity level used.

§ 5

(1) An application for the conclusion of a gas transport contract shall be submitted by a clearing entity or by a foreign natural or legal person who is not a clearing entity no later than 10 working days before 10: 00 hours before the shipment takes place. The transmission system operator shall evaluate the request for the conclusion of a gas transport contract and, in the case of a positive assessment, send the draft gas transport contract to the applicant for the conclusion of the contract within 5 working days within 16.00 hours of the submission of the application. The applicant for the conclusion of the contract shall accept the draft gas contract in such a way that the gas contract is concluded no later than two working days before 12: 00.

(2) Under a gas transport contract, the transmission system operator shall allow a clearing entity or a foreign natural or legal person not being a clearing entity to reserve monthly transport capacity, daily transport capacity, next-day transport capacity and intraday transport capacity. Transport capacity can be booked as fixed or interruptible.

(3) The request to reserve monthly transport capacity, daily transport capacity, next-day transport capacity and intraday transport capacity shall be submitted electronically. The request for reservation of transport capacity shall contain the particulars set out in Annex 1 to this Order.

(4) Monthly transport capacity, daily transport capacity, next-day transport capacity and intraday transport capacity are reserved for border points, transfer point or sum of gas production points and virtual gas storage points. Daily transport capacity, next-day transport capacity and intraday transport capacity shall be reserved for the customer's demand point directly connected to the transmission system.

(5) Gas transport when booking monthly transport capacity begins on the first gas day of the calendar month for which the capacity is reserved. A clearing entity or a foreign natural or legal person who is not a clearing entity may reserve the transport capacity from a gas month other than the gas month immediately following the month in which it requests the reservation of the transport capacity, but not earlier than 24 calendar months before the start of the shipment, depending on the reservation of the monthly transport capacity. Monthly capacity shall be reserved for one or more consecutive gas months. The monthly transport capacity for border points and points of the virtual gas storage tank may be reserved for a maximum of 60 gas months following the month in which the request for reservation of the monthly fixed or interruptible transport capacity has been made pursuant to Article 6 (1).

(6) Gas transport using reserved daily transport capacity shall begin on the first gas day of the period for which the transport capacity is reserved and end on the last gas day of the period for which the transport capacity is reserved. A clearing entity or a foreign natural or legal person who is not a clearing entity may reserve transport capacity from a gas day other than the gas day immediately following the day on which it requests the reservation of transport capacity. Daily transport capacity shall be reserved for one or more consecutive gas days. The transport capacity may be reserved for a maximum of 31 days from the date of the request for a reservation of daily fixed or interruptible transport capacity.

(7) The next day's transport capacity shall be reserved by the clearing entity or by a foreign natural or legal person who is not a clearing entity on the day preceding the day on which the shipment starts using the next day's transport capacity. The transport of gas using the next day's transport capacity shall take place for one gas day.

(8) The intraday transport capacity shall be reserved by a clearing entity or by a foreign natural or legal person who is not a clearing entity on the day preceding the date of commencement of the gas transport or on the gas day of commencement of the gas transport operation using intraday transport capacity. The transport of gas by the use of intraday transport capacity shall take place for a period of one or a part of a gas day, but always until the end of that gas day.

(9) The customer or gas supplier shall reserve the transport capacity for the customer's demand point directly connected to the transmission system in accordance with the procedure set out in Sections 11 and 12, or in the case of the reservation of daily transport capacity pursuant to Sections 6 (1) and (2), or in the case of the reservation of transport capacity in the following day, in accordance with Sections 6 (4) and (6), or in the case of intraday transport capacity in accordance with Sections 6 (5) and (6).

(10) The gas contract referred to in Article 4 (3) is concluded for a period of one calendar year with effect from the first gas day of the calendar year.

(11) The interruptible transmission capacity shall be reserved by the transmission system operator in cases where a clearing entity or a foreign natural or legal person who is not a clearing entity so requests or cannot reserve fixed transmission capacity on the grounds that free fixed capacity is no longer available.

§ 5a

(1) A long-term gas transport contract with fixed capacity is negotiated by the transmission system operator with a clearing entity or a foreign natural or legal person who is not a clearing entity for a single transmission system entry and exit point for at least 5 years. The minimum size required for long-term fixed transport capacity is 10 000 MWh / day.

(2) Reservation of long-term fixed transport capacity is possible only to the extent that, in addition to all other capacities reserved for more than 5 years, the value of 65% of the technical capacity of the relevant entry or exit point does not exceed 65% of the technical capacity of the requested capacity reservation period at any time.

(3) The applicant shall submit an application for a reservation of long-term fixed transmission capacity to the transmission system operator not earlier than 24 and not less than 3 calendar months before the first gas day of the calendar month in which the transport of the gas is to start. The transmission system operator shall evaluate all requests received in the previous calendar month on the 15th day of the calendar month, the date of receipt of the request being irrelevant.

(4) The transmission system operator shall notify the applicant of the reservation of the required long-term fixed transport capacity in the full range or, if the capacity is insufficient, to a lower extent than the required range. The reservation of long-term fixed transport capacity shall cease if the long-term fixed gas contract is not concluded by the fifth working day, including from the date of receipt of the notification.

(5) Where all applicants for long-term fixed transport capacity cannot be satisfied, the transmission system operator shall reserve free long-term fixed capacity for individual applicants in proportion to the size of their long-term fixed capacity reservation requirements. Where the requirement exceeds the free long-term fixed capacity, the transmission system operator shall reduce this requirement to the amount of free long-term fixed capacity before the distribution of the free long-term fixed capacity.

(6) In the case of a reservation of long-term fixed transport capacity for the newly built transport infrastructure put into use after 1 January 2011, the value of the maximum amount of reserved capacity referred to in paragraph 2 shall be increased to 90% of the technical capacity of the transmission system entry or exit point and the period of 24 months referred to in paragraph 3 shall be extended to 60 months.

§ 6

Procedure for the reservation of transport capacity

(1) An application for a reservation of a monthly fixed or interruptible or daily fixed or interruptible transport capacity shall be submitted by the clearing entity no later than 8: 00 on the day preceding the gas day from which the shipment under the reservation of a monthly fixed or interruptible or daily fixed or interruptible transport capacity is to start.

(2) The transmission system operator shall evaluate requests for reservation of monthly fixed or interruptible transport capacity and requests for reservation of daily fixed or interruptible transport capacity and reserve transport capacity no later than 8: 30 on the gas day on which the request for reservation of monthly fixed or interruptible transport capacity or the request for reservation of daily fixed or interruptible transport capacity was submitted. The capacity of the clearing entity shall be reserved by electronic confirmation of the application. Where the request referred to in paragraph 1 is made later, the transmission system operator shall evaluate the applications and reserve the transport capacity on the following gas day no later than 8.30 hours.

(3) The provisions of Sections 5, 6, 10 to 12 and 14 shall apply mutatis mutandis for the transport of gas to customer demand points directly connected to the transmission system. The functions of the distribution system operator referred to in paragraphs 10 to 14 shall be performed by the transmission system operator.

(4) A request for a reservation of fixed or interruptible transport capacity in the next day's mode shall be submitted by the clearing entity between 9.00 and 4.00 on the gas day preceding the gas day for which the shipment using the next day's transport capacity is booked.

(5) An application for a reservation of fixed or interruptible intraday transport capacity shall be submitted by the clearing entity from 4.00 hours on the gas day preceding the gas day for which the transport capacity using intraday transport capacity is reserved until the end of the gas day for which the transport capacity using intraday capacity is reserved.

(6) The transmission system operator shall immediately upon receipt of the request for reservation of fixed or interruptible transport capacity in the next day's mode or of fixed or interruptible intraday transmission capacity, evaluate the request and reserve the capacity in the case of free transport capacity.

§ 6a

Transport in test operations

The gas transport in test operations shall be negotiated in accordance with the procedures set out in Section 13 applied mutatis mutandis. The functions of the distribution system operator referred to in Section 13 shall be performed by the transmission system operator.

§ 7

Dealing with transport capacity shortages

(1) In the event that it is not possible to satisfy the assessment of applications at one point in time for all applicants for the reservation of monthly and daily fixed transmission capacity, the transmission system operator shall allocate the free transmission capacity in proportion to the size of the individual booking requirements of the monthly fixed capacity. Where the requirement for a monthly fixed capacity exceeds the free capacity, the transmission system operator shall reduce the requirement of free capacity before the distribution of the free capacity.

(2) Where, after satisfying the requests referred to in paragraph 1, all applicants for daily fixed transport capacity cannot be satisfied in the assessment of applications at one time, the transmission system operator shall allocate the free transmission capacity in proportion to the size of the individual requirements for daily fixed transport capacity. Where the requirement for daily fixed transport capacity exceeds free transport capacity, the transmission system operator shall reduce the requirement for the remaining free transport capacity before the distribution of the free transport capacity.

(3) The transmission system operator shall provisionally reserve interruptible transmission capacity in the extent of the lack of demand in accordance with paragraphs 1 and 2. The transmission system operator shall reserve the transmission capacity only upon electronic confirmation of the reservation by the clearing entity within 8: 45 hours of the gas day on which the transmission system operator has provisionally reserved the capacity.

(4) The transmission system operator shall reserve interruptible transmission capacity indefinitely.

(5) In the event that free fixed transmission capacity is not available for the gas day in question at the entry or exit point, the transmission system operator shall notify in the transmission system information system of the transmission system operator and in the market operator system of the restriction of the recovery of traffic for the relevant border point, both for the entry and exit point of the relevant border point. The clearing entities using this point of the transmission system may, following the submission of a nomination of a shipment within a fixed capacity, recover up to a maximum of 10% of their reserved capacity (hereinafter referred to as the "allowed limit ') against the accepted and validated nomination by the deadline referred to in Article 32 (1). Renomination in excess of the allowed limit, but up to a maximum of the reserved capacity, shall be considered as a renewal of interruptible transport capacity to a range exceeding the allowed limit. Renomination less than the allowed limit is not accepted by the transmission system operator. The transmission system operator shall submit the information on the reduction of the recovery at the latest at 9.00 on the day preceding the gas day on which the reduction in the recovery of the shipment takes place.

(6) Where, in the course of the procedure referred to in paragraph 5 and after the nomination at 14.00 hours on the following gas day, including, where appropriate, limited recovery, unused fixed transport capacity is available, the operator shall organise a daily auction of transport capacity for an entry or exit point where a lack of fixed transport capacity has occurred. The transmission system operator shall publish at 15.05 hours the size of the available unused fixed capacity which may be booked at the fixed capacity auction. The auction of fixed transport capacity for the following gas day lasts from 15.00 to 15.45 hours.

(7) A clearing entity with a gas contract may submit to a daily auction a maximum of 5 requests for transport capacity combined with the price and the amount of transport capacity required. The minimum price for transport capacity for the purpose of booking transport capacity in a daily auction shall be determined by the Authority in a price decision (3).

(8) The resulting price in the daily capacity auction shall be given by the marginal price determined by the procedure laid down in the Order of the transmission system operator. The resulting price is valid for all successful auction participants. The transmission system operator shall report the results of the daily capacity auction to the auction participants no later than 16.00 hours through the information system. By announcing the outcome of the auction to the successful participant of the auction, the transport capacity in the daily auction is reserved. The transmission system operator shall publish the resulting price in the daily auction in the information system no later than 17.00 hours.

(9) For the reservation of transport capacity by a foreign natural or legal person who is not a clearing entity, at border points and at virtual gas storage points and the evaluation of requests by a foreign natural or legal person who is not a clearing entity, for the reservation of transport capacity at border points and points of virtual gas storage units, the provisions of Sections 5 to 7 shall apply mutatis mutandis.

§ 8

Information on transport capacities and related services

(1) The transmission system operator shall publish the following information in a way that allows remote access:

(a) a monthly annual outage plan for each part of the transmission system and a maintenance plan which may have an impact on the size of the transmission capacity and on the quality of the services provided;

(b) a monthly long-term distribution plan for the transmission system, which means increasing transmission capacity or improving the quality of the services provided;

(c) daily the size of the technical, total reserved fixed capacity, the total reserved interruptible capacity and the free transport capacity for each transmission system entry and exit points for the next 18 months;

(d) monthly annual forecasts of free transport capacity for the following 10-year period for each transmission system entry and exit points;

(e) monthly historical minima and maximum monthly coefficient of utilisation of transmission capacity and annual average flows for each transmission system entry and exit points, each in the last 3 years;

(f) daily actual use of the flexibility service after each day in the last 12 months; the use of the flexibility service on an ongoing gas day,

(g) a daily actual change in the accumulation of the transmission system after each day over the last 12 months;

(h) daily allocation of gas quantities for individual border points, transfer point or sum of gas production points connected to the transmission system and virtual gas storage points in the last 12 months, unless data has been transmitted in accordance with Article 44 (6), the provisional allocation of gas quantities referred to in Article 44 (5) shall apply;

(i) the actual daily values of the last registered nominations or re-nominations after each entry and exit points of the transmission system.

(2) The information provided under paragraph 1 (a) to (f) and (h) with daily periodicity shall be published by the transmission system operator no later than 15.00 hours on the gas day concerned, with the data from the ongoing gas day referred to in paragraph 1 (f) being updated on an hourly basis. The information provided under paragraph 1 (g) and (i) shall be published by the transmission system operator no later than 12.00 hours following the gas day. The transmission system operator shall publish the information provided pursuant to paragraph 1 at the latest on the ninth calendar day of that month with a monthly frequency.

Gas distribution

§ 9

(1) Gas distribution is negotiated by the clearing entity for the cross-border pipeline point.

(2) Gas distribution is arranged by the customer or gas supplier for the customer's sampling site. By negotiating the gas distribution for the customer's demand point, the distribution system operator also undertakes to ensure the transport of gas directly from the gas flow point of view of the superior distribution system.

(3) Gas distribution is negotiated by the distribution system operator for the transfer point between distribution systems in the Czech Republic.

(4) Gas distribution shall be arranged by the gas manufacturer or gas dealer for the transfer point or the sum of the transfer points of the gas production plant.

(5) Gas distribution shall take place through the point of entry of the distribution system, which is the point of the cross-border pipeline, the point of transfer or the sum of the transmission points of the gas production plant, the point of transfer or the sum of the transmission points between the transmission and distribution system and the point of transfer between the distribution system and the distribution system which is superior in terms of gas flow.

(6) Gas distribution shall take place through the output point of the distribution system, which is the customer's demand point, the transfer point between the distribution system and the distribution system, which is subordinate to the gas flow, and the point of the cross-border pipeline.

(7) A gas distribution contract with only one gas market participant shall be concluded for each customer's demand point. A gas distribution contract shall be concluded with each gas market participant using the gas transfer point and, where applicable, the gas transfer point. A gas distribution contract shall be concluded for the transfer point of the cross-border pipeline with each clearing entity using the transfer point of the cross-border pipeline. For the transfer point between distribution systems, gas distribution contracts shall be concluded by distribution system operators.

(8) In the case of a customer demand point of a category of wholesale or medium customer equipped with type A or B measurements or customer demand point of a category of retail customer equipped with type A or B measurements and for which proper monthly deductions are made, the gas distribution contract shall specify the reserved distribution capacity. The classification of customers is set out in Annex 2 to this Decree. For a multi-point sampling point, the gas distribution contract shall specify the reserved distribution capacity for measuring points of type A and B and the calculated distribution capacity for measuring points of type C. Distribution capacity for measuring points of type C for customers with a gas consumption above 630 MWh / year shall be determined in accordance with the procedure for calculating the daily fixed capacity allocated for annual gas consumption in the band above 630 MWh in accordance with the Authority's price decision. The distribution capacity for type C measuring points for customers with a gas consumption of up to and including 630 MWh / year and for measurement points with a type A or B measurement point for customers with a gas consumption of up to and including 630 MWh / year with an annual invoicing frequency shall be determined in accordance with the procedure for calculating the daily reserved fixed capacity for annual gas consumption in the band of more than 63 MWh to 630 MWh in accordance with the Authority's price decision. For the purpose of assessing excess distribution capacity, only the values agreed and measured after measurement points with measurements of type A and B shall be used.

§ 10

(1) In the gas distribution contract, distribution capacities are reserved for the customer's sampling point or for the transfer point or the sum of the gas production point or for the transfer point between distribution systems.

(a) fixed distribution capacity for an indefinite period, with the possibility of changing the amount of capacity reserved pursuant to § 12;

(b) interruptible distribution capacity for an indefinite period of time with the possibility of changing the amount of the reserved capacity referred to in Article 12; in the gas distribution contract, the manner, time and conditions of limitation or interruption of gas distribution, the manner and conditions of notification of restrictions or interruptions and the frequency of restrictions or interruptions in 12 consecutive gas months shall be agreed;

(c) fixed monthly distribution capacity; it shall be reserved for at least 1 month and for a maximum of 11 months each with effect from the first gas day of the calendar month;

(d) interruptible monthly distribution capacity; it shall be booked for a minimum of 1 month and a maximum of 11 months each with effect from the first gas day of the calendar month; in the contract, the manner, time and conditions of limitation or interruption of gas distribution, the manner and conditions of notification of restrictions or interruptions and the frequency of restrictions or interruptions for the duration of the contract; or

(e) fixed sliding distribution capacity; it shall be reserved for the number of gas days determined by the number of calendar days of the month in which the distribution of gas starts or until the end of the last gas day of the gas month following the month in which the distribution of gas started in the context of the negotiation of the rolling distribution capacity.

(2) For the negotiation of the gas distribution contract and the application for the reservation of distribution capacity for the cross-border pipeline point, the procedure for the reservation of monthly and daily transport capacity pursuant to Sections 5 and 6 shall apply. The transmission system operator's actions referred to in paragraphs 5 to 7 shall be performed by the distribution system operator.

(3) The interruptible distribution capacity can only be reserved for the customer's sample point with a measurement type A or B, and for the transfer point or the sum of the transfer points of the gas production plant where a fixed distribution capacity cannot be booked because there is no spare fixed capacity available, or for the customer's sampling point with a planned annual sample of over 630 MWh with the possibility of a complete or partial change to the replacement fuel according to the legislation governing gas emergency (4).

Procedure for reservation of distribution capacity

§ 11

(1) The request for the reservation of distribution capacity and the conclusion of a gas distribution contract for the customer's demand points shall be submitted electronically in the cases referred to in Articles 52 (1) and 53 (5), within the time limits set out in paragraphs 52 (3) or 53 (5), by the customer, if the gas distribution contract is no longer concluded with the customer for the demand point in question, or by a new gas supplier in the event that he has concluded a contract for the combined gas supply services. The distribution system operator shall inform the gas market participant of the possibility of reservation of distribution capacity by the deadline referred to in Article 52 (6). The reservation of distribution capacity shall be made in the event of registration of the standard change of gas supplier by the deadline provided for in Section 52 (15). The request for the reservation of distribution capacity to the customer's sample point shall contain the particulars set out in Annex 3 to this Order.

(2) The request for the reservation of distribution capacity and the conclusion of a gas distribution contract for customers' demand points, in addition to the request referred to in paragraphs 1, 3 and 7, shall be submitted by the customer or gas supplier no later than 10: 00 on the fifth working day and no later than 4 calendar months before the start of the first gas distribution day, the effect of the reservation of distribution capacity, or, in the case of the start of deliveries to the demand point of the newly connecting customer and for the start of deliveries to the demand point after the unauthorised gas collection or unauthorised distribution of gas no later than 10: 00 on the working day preceding the date of the next possible start of gas supply to the distribution system operator. The request for the reservation of distribution capacity for the customer's sample point in addition to the request referred to in paragraphs 1, 3 and 7 shall contain the particulars set out in Annex 3 to this Order. The distribution system operator shall evaluate the requests for reservation of distribution capacity received and report the results of the reservation of distribution capacity to all applicants for reservation of distribution capacity no later than the third working day by 12.00 hours from the date on which the request for reservation of distribution capacity was made. The distribution capacity is reserved by confirming the application. Where a contract for the distribution of gas for customer demand points is not negotiated between the customer or gas supplier and the distribution system operator, the deadline for the latest submission of the request and for the notification of the outcome of the reservation of distribution capacities shall be extended by 5 working days.

(3) The request for the reservation of distribution capacity and the conclusion of a gas distribution contract for customers' demand points shall be submitted by the customer or gas supplier by the deadline referred to in § 54 (5) or by the gas trader under the last instance supplier's regime no later than 14.00 hours after the transmission of the information pursuant to § 54 (11). Only a gas supplier or customer who has already negotiated a gas distribution contract with a distribution system operator for customer demand points may submit an application. The request shall be submitted electronically and the distribution system operator shall evaluate the requests for reservation of distribution capacity received and notify the results of the reservation of distribution capacity to the applicant for reservation of distribution capacity no later than the deadline set in Article 54 (9). The reservation of distribution capacity is made in case of registration of a rapid change of gas supplier by the deadline according to § 54 (12). For the request to reserve distribution capacity submitted by the gas trader under the last instance supplier mode, the distribution capacity is reserved automatically. The request for the reservation of distribution capacity to the customer's sample point shall contain the particulars set out in Annex 3 to this Order.

(4) A request for the reservation of distribution capacity and the conclusion of a gas distribution contract for a transfer point between distribution systems shall be submitted by the distribution system operator within the time limit referred to in paragraph 1. The dates referred to in paragraph 2 shall apply to the request for a change to the reserved distribution capacity.

(5) The request for the reservation of distribution capacity and the conclusion of a gas distribution contract for the transfer point or the sum of the gas production point transfers shall be submitted by the gas manufacturer or gas dealer within the time limit referred to in paragraph 1. The dates referred to in paragraph 2 shall apply to the request for a change to the reserved distribution capacity.

(6) A request for the reservation of distribution capacity and the conclusion of a gas distribution contract for a cross-border pipeline point shall be submitted by the clearing entity to the distribution system operator no later than 10: 00 on the working day preceding the date of the next possible start of distribution of gas agreed with the distribution system operator. The distribution system operator shall evaluate the requests for reservation of distribution capacity received and report the results of the reservation of distribution capacity to all applicants for reservation of distribution capacity no later than the third working day by 12.00 hours from the date on which the request for reservation of distribution capacity was made. The distribution capacity shall be reserved by the distribution system operator by confirming the request.

(7) The request for the reservation of distribution capacity and the conclusion of the gas distribution contract referred to in Article 10 (1) (e) for the customer's demand point shall be submitted by the customer or gas supplier not earlier than 4 calendar months before the start of the first gas day when the effect of the reservation of distribution capacity is to occur. The request may only be submitted by a gas supplier or by a customer who has already negotiated a gas distribution contract with the distribution system operator and has reserved distribution capacity for the demand point in accordance with § 10 (1) (a) or (b). The maximum capacity required for a sliding gas distribution contract shall not exceed the size of twenty-four times the guaranteed hourly capacity specified in the connection agreement for the relevant demand point in the other reserved distribution capacities for the respective customer demand point. The distribution system operator shall evaluate the request for reservation of distribution capacity and electronically notify the distribution capacity reservation result to the applicant for reservation of distribution capacity no later than 72 hours after receipt of the request. The distribution capacity is reserved by electronic confirmation of the application. The request for the reservation of distribution capacity to the customer's sample point shall contain the particulars set out in Annex 3 to this Order.

(8) It is not possible to reserve the distribution capacity to the customer's demand point with insufficient financial collateral for the applicant if the request for reservation of distribution capacity does not comply with the requirements, has not been made within the specified time limit or the applicant has not completed or made an adjustment to the submitted request within 14.00 hours of the following working day following the notification by the distribution system operator indicating the incorrect data.

§ 12

(1) Where, for a customer demand point that is classified as a wholesale or medium-sized customer and equipped with type A or B measurement, the customer demand point that is classified as a retail customer is equipped with a type A or B measurement, where proper monthly deductions are carried out, or for a transfer point between distribution systems, the gas market participant requests a reduction of the reserved distribution capacity based on the distribution capacity reserved under § 10 (1) (a) or (b), the distribution system operator shall reduce the reserved distribution capacity for a period of at least 12 months. The distribution system operator shall not make a reduction in the reserved distribution capacity if, within a period of 4 months from the date indicated in the request for a reduction for the sampling or transfer point, a higher distribution capacity is reserved in accordance with Article 10 (1) (a) or (b) than the reserved distribution capacity specified in the request for a reduction.

(2) Where, for a customer's demand point that is classified as a wholesale or medium-sized customer and is equipped with a measurement type A or B, for a customer's demand point that is classified as a retail customer, it is equipped with a measurement type A or B that is performed with proper monthly deductions or for a transfer point between distribution systems, the gas market participant shall request an increase in the distribution capacity reserved under § 10 (1) (a) or (b), the distribution system operator shall examine the possibilities of increasing and, in the case of sufficient distribution capacity, increase the reserved distribution capacity for a period of at least 12 months, unless there has been a reduction in the reserved distribution capacity reserved under § 10 (1) (a) or (b) in the previous 12 months.

(3) An application for a change to the reserved distribution capacity shall be made mutatis mutandis in accordance with Article 11 (2). The change in the reserved distribution capacity is possible at the first gas day of the calendar month.

(4) The distribution system operator shall also make a change to the reserved distribution capacity for the transfer point between distribution systems if the distribution system operator so requests and demonstrates the need for a change in the reservation of distribution capacity.

(5) The distribution system operator shall reduce the reserved distribution capacity of the gas plant connected to the closed part of the distribution system, reserved pursuant to § 10 (1) (a), (c) or (e), in the event that the amount of the hourly customer withdrawals connected to that closed part of the distribution system falls below the hourly output of the gas plant.

(6) Where more than one gas production is connected to a closed part of the distribution system and the distribution system operator makes a reduction in the reserved distribution capacity referred to in paragraph 5, the distribution system operator shall allocate the free distribution capacity in proportion to the size of each gas production capacity reserved.

(7) The distribution system operator shall reduce the reserved distribution capacity referred to in paragraph 5 for the period strictly necessary to ensure the safe and reliable operation of the closed distribution system under another legislation8).

(8) Where a measurement has been changed from type C to type A or B at the customer's sampling point, the customer or gas supplier shall submit a request for the reservation of distribution capacity on the first gas day of the calendar month at the dates referred to in Article 11 (2) so that the effect of the reservation of distribution capacity does not occur later than 2 months after the change in the measurement type. In the event that a customer or gas supplier does not submit an application for the reservation of distribution capacity pursuant to Article 10 (1) within the time limit referred to in Article 11 (2), the distribution system operator shall reserve the distribution capacity referred to in Article 10 (1) (a) for the demand point at the level of the allocated distribution capacity determined for the purposes of determining the payment for the distribution of gas pursuant to the price decision of the Authority.

§ 13

Gas distribution in test operation

(1) The distribution of gas in the test run is the distribution of gas to verify the technical parameters, operating values and demonstration of the operational capacity of the newly installed or reconstructed gas collection facility of the customer, the reconstruction being understood as interference with the sampling gas equipment which results in a change in its purpose or technical parameters, or in a change in the type of measurement at the customer's sampling site. The distribution of gas in the test run can only be initiated

(a) for a newly connected customer,

(b) for a customer with a technical nature who has reconstructed all or part of the gas sampling device and the reconstructed gas sampling device has at least 20% of the daily maximum gas sampling at the relevant customer sampling point;

(c) for a customer with the characteristics of heating collection which has reconstructed the whole or part of the gas sampling installation where a minimum 10% reduction in the amount of the reserved distribution capacity can be expected after reconstruction; or

(d) for the customer's sampling site where the measurement has changed from type C to type A or B.

(2) A customer's sampling point with a technologist's character shall be considered to be the customer's sampling point where the sum of the actual consumption values for the last quarter of the previous year is less than 70% of the total consumption for the period from 1 April of the previous year to 31 March of that year. Other sampling points shall be considered as customer sampling points with the characteristics of heating.

(3) The application for the distribution of gas in the test run for the customer's sample gas site is submitted by the applicant for the reservation of distribution capacity in the test run. The application shall contain:

(a) the date of commencement of distribution in test operations;

(b) the date of cessation of distribution in test operations;

(c) the reasons for starting distribution in test operations.

(4) The distribution system operator shall initiate the distribution of gas in test operations to a customer with the nature of the purchase of a technologist at the earliest on the date indicated in the application and shall end on the date indicated in the application and at the latest on the last day of the third calendar month following the month in which the distribution of the gas started. In other cases, the distribution system operator shall start the gas distribution in the test operation on the date indicated in the application and end on the date indicated in the application but not later than the last day of February. The maximum duration of gas distribution in the test run for a newly connected customer with the characteristics of heating sampling is 6 calendar months.

(5) The maximum daily gas consumption at the customer sampling point shall not exceed twenty-four times the guaranteed hourly capacity for the relevant sampling point agreed in the connection contract during the distribution of gas in the test operation.

(6) The request for the reservation of distribution capacity in test operations shall be submitted by the customer or gas supplier at the dates referred to in Article 11 (2). For the duration of the test operation referred to in paragraph 1 (c), the distribution system operator shall reserve for the customer's demand point the allocated distribution capacity determined for the purpose of determining the payment for gas distribution in accordance with the price decision of the Authority.

Citation	Decree No. 365 / 2009 Coll., on Gas Market Rules
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	26.10.2009
Effective from	01.01.2010
Effective until	-
Status	Valid

Decree No. 365 / 2009 Coll.

Decree on Gas Market Rules

Contents

§ 1

§ 2

§ 3

§ 4

§ 5

§ 5a

§ 6

§ 6a

§ 7

§ 8

§ 9

§ 10

§ 11

§ 12

§ 13

Contents

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