Decree No. 37 / 2023 Coll.
Decree amending Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and the method of ensuring the safety standard of gas supply, as amended
Valid
Effective from 15.02.2023
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37
DECLARATION
of 3 February 2023
amending Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and on how to ensure the safety standard of gas supply, as amended
The Ministry of Industry and Trade provides pursuant to § 98a paragraph 1 (e) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll., Act No. 211 / 2011 Coll., Act No. 165 / 2012 Coll., Act No. 131 / 2015 Coll., Act No. 362 / 2021 Coll. and Act No. 176 / 2022 Coll.:
Decree No 344 / 2012 Coll., on the state of emergency in the gas industry and on the way to ensure the safety standard of gas supply, as amended by Decree No 215 / 2015 Coll. and Decree No 224 / 2022 Coll., is amended as follows:
1. In the introductory sentence of the Decree, "Sections 73 and 73a 'are replaced by" Sections 73, 73a, 73b and 73c'.
2. At the end of the text of § 1, the words "and the measures and procedures to be carried out in the reception and delivery of international assistance in crisis situations in gas' shall be added.
3. in Article 2 (1), the following point (d) is inserted after point (c):
"(d) group B3, to which the collection sites of customers with the predominant technological take-up in a given year exceed 4,200 MWh, which are not in Group A or D; these sample points belong to that group, provided that the sum of the consumption values for the last quarter of the previous year and the first quarter of that 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 and that the customers in that group provide heat or gas to households, medical or social services; where actual consumption is not available, the planned monthly consumption specified in the gas distribution service contract shall be replaced; ';
Points (d) to (h) shall be renumbered as points (e) to (i).
4. in Article 2 (1) (g), the words "daily consumption for the population, in particular the processing of perishable foodstuffs' are replaced by the words" and feedingstuffs'; the words "and dangerous' and the words" health care establishments, social services establishments' are deleted;
5. in Article 2 (1) (i), the words', health facilities, social services facilities', the words' and heat 'shall be replaced by' and heat produced 'and the words' and, at the end of the text of the letter, the following shall be added: 'and the places of consumption of customers operating public pipelines and sewerage, provided that the Ministry of Agriculture applies in writing to the competent operator of the transmission or distribution system F; for the purposes of this decree, the sources for combined production of electricity and heat shall be considered as heat plants'.
6. In Articles 2 (7) and 8 (1), the words "B3 'are inserted after the words" B2'.
7. In Article 2 (3), the words "gas transport or gas distribution 'are replaced by the words" gas transport or distribution service contract'.
8. in Article 3 (1) (a):
"(a) the transmission system operator shall maintain the accumulation of the transmission system; the distribution system operators shall maintain the accumulation of the distribution system;"
9. in Article 3 (1), the following point (b) is inserted after point (a), including footnote 12:
"(b) technical gas dispatches shall transmit information on possible gas savings under another legislation12); in cases where the distribution system operator does not operate a technical gas dispatcher, that information shall be transmitted directly by the distribution system operator directly to the gas distribution system operator to which its distribution system is connected;
12) Decree No 345 / 2012 Coll., on the control of the gas system and on the transmission of data for dispatching, as amended. '
Points (b) to (d) shall be renumbered (c) to (e).
10. in Paragraph 3 (2) (b):
"(b) the agreed gas transport or gas distribution and the agreed gas delivery to the customer sampling points, which collect gas for heating or hot water heating, shall be restricted by the announcement of the 2nd stage of sampling.";
11. in Article 3, paragraphs 3 and 4 are deleted;
Paragraphs 5 to 7 shall be renumbered paragraphs 3 to 5.
12. in Article 3 (5), "6" is replaced by "4" and the words "paragraphs 3 and 4" are deleted;
13. In Paragraph 4, the following paragraph 2 is inserted after paragraph 1:
"(2) The activities referred to in points (a) to (d) of Article 3 (1) shall be carried out when an emergency is declared by the transmission system operator for the whole territory of the State. ';
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
14. In Article 4, the following paragraph 7 is inserted after paragraph 6:
"(7) In the event of an emergency, the electricity producer or the heat producer included in Group F pursuant to § 2 (1) (i) and the customers listed in accordance with § 2 (1) with a reserved daily capacity for a given demand point above 3 000 MWh / day, as specified in the gas transport service contract or in the distribution system reinsurance contract, shall inform the relevant operator's dispatching facility, directly or through its gas supplier, of the actual estimated daily amount of gas consumption for the following working day, if those persons collect the gas, no later than 14.00 hours per day. ';
Paragraph 7 shall become paragraph 8.
15.
Sampling stages
(1) The sampling steps are divided into:
(a) a basic step which means unabated take-off according to the contractual daily gas take-off;
(b) the sampling stages for limiting gas supply,
1. sample step 1, which means limiting gas consumption at group A customers' demand points to the extent of their operational technical options for switching to replacement fuel;
2. sample step 2, which means limiting gas consumption at the customer's customers' points of the group To the extent of their operational technical possibilities for switching to replacement fuel, as well as the limitation of gas consumption for customers who collect gas for heating or hot water in order to achieve the average indoor air temperature in the heating season in heated rooms or spaces, as set out in Annex 10 to this Regulation,
3. sample step 3, which means limiting gas consumption at the customer's customers' points of the group And, to the extent of their operational technical options for switching to replacement fuel, the limitation of gas consumption of customers who collect gas for heating or hot water so as to achieve the average indoor air temperature in the heating season in heated rooms or spaces, as set out in Annex 10 to this Regulation, as well as the limitation of gas consumption in households so as to achieve the average indoor air temperature in the heating season in heated rooms or spaces, as defined in Annex 10 to this Regulation,
4. sample step 4, which means limiting gas consumption at the customer's customers' points of the group And, to the extent of their operational technical options for switching to replacement fuel, the limitation of gas consumption for customers who collect gas for heating or hot water, so as to achieve the average indoor air temperature in the heating season in heated rooms or spaces, as defined in Annex 10 to this Regulation, the limitation of gas consumption in households to achieve the average indoor air temperature in the heating season in heated rooms or spaces, as determined in Annex 10 to this Regulation, and the limitation of daily gas consumption in the sampling points of customers of groups B1, B2 and B3 to the permitted daily consumption,
5. sample level 5, which means limiting gas consumption at the customer's customers' points of the group And, in the scope of their operational technical options for switching to replacement fuel, the limitation of gas consumption for domestic customers, so as to achieve the average indoor air temperature in heated rooms or spaces, set in accordance with Annex 10 to this Regulation, the limitation of the daily consumption of gas in customers prior to heating, and the reduction of the daily consumption of gas in heating rooms or spaces, determined in accordance with Annex 10 to this Regulation, in accordance with Annex 10 to this Regulation, the limitation of the level of consumption of heat in customers in groups B1, B2 and B3 to the average daily consumption of gas in heating rooms or compartments, set out in accordance with Annex 10 to this Regulation, and the level of consumption needed for the heat consumption, if they have not already reduced to the average internal air temperature in heating rooms,
6. demand level 6, which means limiting gas consumption at the customers' customer points of the group And in the scope of their operational technical options for switching to replacement fuel, the limitation of gas consumption of customers for heating or hot water, so as to achieve the average indoor air temperature in heated rooms or spaces, set in accordance with Annex 10 to this Regulation, the limitation of the daily gas consumption of customers in groups of B2 of the B3, the reduction of gas consumption in households so as to achieve the average indoor air temperature in heating rooms or spaces, determined in accordance with Annex 10 to this Regulation, to limit the daily gas consumption of customers in groups of E by 20% against the daily value at the next working day preceding that the declaration, the limitation of the daily gas consumption of the C2 of customers to the level necessary for the heat coverage of the customers, provided that they have no longer reduced the average internal air temperature in heating rooms or spaces, determined in accordance with Annex 10 to that decree,
(c) the sampling stages for the interruption of gas supply,
1. sample step 7, which means the interruption of the gas supply of C2 customers, further limits the consumption of gas at group A customers in the range of their operating technical options for switching to replacement fuel, the limitation of gas consumption for households and the limitation of the daily gas consumption in groups B1 and B3 customers to achieve the average indoor temperature of the heating air in the heating room or spaces established in accordance with Annex 10 to this Regulation, the limitation of the gas consumption of the household customers, so as to achieve the average internal temperature of the heating room or space in the heating season, if they have not already reduced the temperature of the internal air in the heating room, the limitation of the daily consumption of customers in the next working day preceding that date, when the relevant level of limitation for this group of customers has been declared, unless they have already reduced to achieve the average internal temperature in the heating room temperature in the heating room, as specified in Annex 10 to the space, as specified in Annex 10 to this decree, and the next working day of the gas consumption of the gas consumption of the gas consumption of the gas in the first working day preceding day preceding day on which was declared the relevant stage B1 customers, the relevant stage B3, where they have declared
2. sample step 8, which means the interruption of the gas supply to customers of B1, B2 and C2 as well as to the customers of C2, further limits the consumption of gas at group A customers in the range of their operating technical possibilities of switching to replacement fuel, the limitation of the gas consumption of the remaining customers in accordance with Annex 10 to this Regulation and the limitation of gas consumption in the household group, so as to achieve the average indoor air temperature in the heating season of the heating rooms or spaces, as determined in accordance with Annex 10 to this Regulation, the reduction of 20% of the daily gas consumption in the next working day, when the relevant limit for that customer group has been declared, unless they have already reduced the consumption, to achieve the average indoor temperature of the heating air in the heating season of the heating rooms or facilities, determined according to Annex 10 to this Regulation, and to limit the daily gas consumption of the customers of 20% of the next working day of the preceding day on which they have been declared the relevant volume.
3. the sample level 9, which means the interruption of the gas supply to customers of Group A and E and to customers of Group B1, B2, C2, C2, shall also be limited to the gas consumption of the remaining customers, which shall not be interrupted by the supply of gas and shall take the gas for heating or hot water so as to achieve the average indoor air temperature in heating rooms or spaces, determined in accordance with Annex 10 to this Regulation, the limitation of the gas consumption of households to the average internal temperature of the indoor air in heating or heating season, so as to achieve the average internal air temperature in heating rooms or spaces, as determined in accordance with Annex 10 to this Regulation, and the limitation of daily gas consumption in heating points of customers of Group B3 to the security minima security minima security minima,
4. sample level 10, which means the interruption of the transport, distribution and supply of gas to the demand points of the C1, B3 and D customers, as well as to the customers of categories A, B1, B2, C2 and E, further limits the gas consumption of the remaining customers, which will not be interrupted by the supply of gas and take gas for heating or hot water, so as to achieve the average indoor air temperature of the heating season in heated rooms or spaces, as determined in Annex 10 to this Regulation, the limitation of gas consumption of households, so as to achieve the average internal temperature of the heating season in heated rooms or spaces, as determined in accordance with Annex 10 to this Regulation,
(d) the emergency demand stage, which means the interruption of the gas supply to customers of groups A, B1, B2, B3, C1, C2, D, E and F.
(2) For the sampling stages referred to in paragraph 1 (c), where the gas supply to customers of B1, B2 and B3 should be interrupted, the supply shall be terminated and the supply shall be interrupted only after the deadline necessary to reduce the consumption to the safety technological minimum set in accordance with § 7a (3) and (5), provided that this period has not elapsed for the customers of B1 and B2 since the announcement of the demand stage 6.
(3) The gas supply may be interrupted immediately if an emergency sampling stage is declared. "
16. in Paragraph 7 (1), the first sentence shall be deleted and the words "and B2" shall be replaced by the words "B2 and B3 in accordance with paragraph 3."
17. In Section 7, at the end of the text of paragraph 2, the words "for permitted daily consumption 'are added.
18. in Paragraph 7 (3):
"(3) The authorised daily consumption shall be determined as the mean of the actual minimum daily values achieved over the last three winter periods preceding the deadline referred to in paragraph 4, taking into account the permitted daily consumption values for the previous three years which have been determined by derogation from the customer requirement, in accordance with the procedure referred to in paragraph 5, sentence 2 and 3. For this purpose, the winter period shall mean the last quarter of the year and the first quarter of the following year. ';
19. in Article 7 (4), "and B2" is replaced by "B2 and B3."
20. in Paragraph 7 (7), the words "gas transport" are replaced by the words "gas transport service" and the words "gas distribution" are replaced by the words "distribution system service security."
21. in Article 7 (8), the words "for groups B1, B2 and B3" shall be inserted after the words "other sampling points."
22. in Article 7 (8), points (b) to (d) are deleted;
Points (e) and (f) shall be renumbered points (b) and (c).
23. In Article 7 (9), the words "for each of the situations referred to in points (b) to (d) of paragraph 8," deleted, the number "30" is replaced by "20" and the sentence "If the customer requests a change in the permitted daily consumption values at his sampling points during the period referred to in paragraph 6, it may be done on a quarterly basis by applying the requirement to the relevant operators no later than 30 days before the beginning of the relevant quarter, the respective operators shall confirm these values in accordance with the procedure referred to in the second sentence no later than 10 days before the beginning of the relevant quarter."
24. In Article 7, the following paragraph 11 is added:
"(11) The operator concerned shall provide the final values of the permitted daily consumption and the time shift referred to in paragraph 5 in a way that allows remote access to the relevant gas supplier by 15 August of the year at the latest; in the cases referred to in paragraph 7, publish them no later than 15 days after the conclusion of a gas service contract or a distribution system service contract. The data relating to the combined values of permitted daily consumption or changes to these values referred to in paragraph 9 shall be provided by the relevant operators in a similar manner, not later than the start of the payment deadline. ';
25. The following Sections 7a and 7b are inserted after Section 7, including the headings:
Safety technological minimum
(1) The safety technological minimum is the minimum daily gas consumption after the decommissioning of the technological equipment, which is necessary to ensure the safety of persons and of the technological equipment, enabling the subsequent restoration of the operation of the technological equipment to be restored after the waste of the reasons for limiting gas consumption. The minimum safety technology shall be determined for the customers of B1 and B2 according to the following rules:
(a) the decommissioning of the technological equipment must start immediately after the publication of the relevant sampling stage, with the immediate termination of the introduction of, for example, additional raw material or semi-finished material into the technological installation; the processed production must be completed as soon as possible, not later than the end of the third gas day following the date on which the relevant stage of sampling was declared, except in the cases referred to in paragraph 2,
(b) the reduction in gas consumption must be carried out by the customer in such a way as to avoid endangering persons, adversely affecting the environment and causing disproportionate damage to property;
(c) when determining the level of the security technological minima, the customer may take into account the need for heat for the temperation of the customer's premises only up to the level of consumption prior to freezing of the health-related installations and heating systems.
(2) In the case of technological installations which require, for example, controlled temperation and a gradual reduction of production to avoid permanent damage or destruction, the time limit referred to in paragraph 1 (a) shall be determined individually on the basis of the demonstration of actual possibilities in reducing production by the customer, which may be verified by the competent operator in accordance with the procedure laid down in paragraph 5.
(3) Together with the level of the security technological minima, the period shall be determined on the days until the customer is able to reduce his consumption to that value, while respecting the rules referred to in paragraph 1, unless it can be reduced immediately. Where a gradual reduction of production or consumption of gas is necessary in order to achieve a minimum of security technology, each stage shall be determined, indicating the necessary amount of gas consumption at that stage and the time shift expressed in days.
(4) The safety technological minimum shall also be determined for the B3 customer group, which, when determining its amount in addition to the rules referred to in paragraph 1, shall take into account the corresponding gas consumption for heat production necessary for the supply of households, health care facilities and social services, for the corresponding outdoor calculation temperature for the design of heating systems according to the relevant technical standard. If one of this group of customers uses the gas in addition to the gas collection for technological purposes also for ignition and stabilization of the combustion of a primary fuel which is not a gas, the amount of gas necessary for ignition and stabilization of the combustion of the primary fuel shall also be included in the safety technology minima in the range of its daily consumption.
(5) The values established in accordance with paragraphs 1 to 4 shall be communicated by the customer in writing together with the justification of the operator concerned by 30 June of the year concerned. The competent operators may verify compliance with the conditions referred to in paragraphs 1 to 3 and the acceptance or refusal of approval of the justified value of the safety technology minima and the time shift after consultation with the customer shall determine their final values, which shall be confirmed by written communication to the customer by 31 August of the year concerned at the latest. If the customer does not communicate to the relevant operator any values according to the first sentence, the level of the safety technology minima shall be deemed to be zero and the customer shall be able to reduce his gas consumption to that value immediately but no later than one day.
(6) The values of the security technological minima and the time shift established in accordance with paragraphs 1 to 4 shall apply for the period from 1 October of the year to 30 September of the following year.
(7) The security technological minimum for new customers shall be determined on the basis of data relating to the quantities and uses of gas specified in the gas service contract or the distribution system service contract.
(8) The relevant operator shall provide the final values of the safety technological minima and time shift referred to in paragraph 5 in a way that allows remote access to the relevant gas supplier by 15 September of the year at the latest; in the cases referred to in paragraph 7, it shall provide it no later than 15 days after the conclusion of the gas transport service contract or the gas distribution system service contract.
Operators' activities in emergency prevention and emergency situations
(1) The transmission system operator and distribution system operators shall verify the customer discipline of the corresponding customer group A, B1, B2, B3, C1, C2 and E according to the declared demand level for the restriction by means of a remote reading of the data from the measuring equipment when equipped with it.
(2) The transmission system operator and distribution system operators shall verify whether the relevant customers have interrupted the gas supply by closing the main gas closure when declaring the demand stage for the interruption of the gas supply to the relevant customer groups. In the event that the customer has not interrupted the purchase, the customer shall be informed of the obligation to interrupt the purchase by personal contact. If the customer is not reachable or if the customer has not interrupted the purchase after repeated notice, they shall close the main gas closure or, in case of unavailability, ensure that the gas flow is interrupted in another available or accessible way.
(3) Where, in carrying out the activity referred to in paragraph 1, operators find non-compliance with the declared degree of restriction on gas consumption or where the customer refuses to terminate its procurement pursuant to paragraph 2 and does not allow the closure of the main gas closure, they shall notify the relevant operators to the Energy Regulatory Authority and the Ministry.
(4) When declaring an emergency demand step, distribution system operators shall suspend each part of the distribution system gradually taking into account the number of demand points supplied by municipalities or parts thereof and the difficulty of subsequent recovery of gas supply. ';
26. in the introductory sentence of Article 8 (2), the words "and health and social services establishments" shall be inserted after the words "Group D";
27. in Paragraph 8 (3):
"(3) The competent operator shall send information on the resulting classification of customers in Group D and health and social services facilities in Group F to the relevant regional authorities or the City of Prague and the relevant regional fire department. The inclusion of customer demand points in Group E and customers with annual gas consumption up to 630 MWh together with households in Group F shall be determined by the size of their purchases and shall result from contracts for the provision of a distribution system service or gas service contract. ';
28. In Article 8, paragraphs 4 and 5 are added:
"(4) The sampling points of power generation or heat production referred to in Article 2 (1) (i) of the part of the sentence after the semicolon shall be included in Group F at the request of the transmission system operator or the holder of the heat production licence delivered by the relevant transmission system operator or distribution system operator by 1 September of the year, which shall inform the customer whose demand point was included in Group F by this procedure and the transmission system operator by 30 September of the year. The application shall include information from the producer of electricity or heat as to whether the gas is intended for ignition or stabilization of the primary fuel at the sampling point and the amount of the necessary daily gas consumption according to the purpose of using the gas and the expected weekly and monthly gas consumption. In the case of holders of authorisations for the manufacture of medicinal products and manufacturers of medicinal substances under the Law on Medicines, the competent operators of the transmission or distribution system shall be requested by the Ministry of Health by 1 September of the year in question and the competent operator shall inform the customer in writing of this fact, the customer whose sample point was included in Group F by this procedure, by 30 September of the year in question. In the case of public water and sewerage operators, the competent transmission or distribution system operators shall be requested by the Ministry of Agriculture by 1 September of the year in question and the competent operator shall inform the customer in writing of this fact, whose point of demand has been included in Group F by this procedure, by 30 September of the year in question.
(5) The relevant operator shall provide the inclusion of customers in the groups referred to in paragraphs 1 and 3 in a manner that allows remote access to the relevant gas supplier by 15 August of a given year at the latest, with the exception of electricity generation, heat generation, authorisation holders for the manufacture of medicinal products and manufacturers of active substances and public water and sewage operators, listed in Group F, for which classification shall be granted by 15 October of that year at the latest. The relevant operator shall forward the information on the classification of customers in groups according to the first sentence subsequently electronically to the market operator. ';
29. The following Sections 8a and 8b are inserted after Section 8, including the headings and footnotes No 13:
Procedures for receiving international assistance in gas crisis situations
(1) The clearing entities which have registered at least one demand point in the market operator's information system, protected by solidarity under the directly applicable European Union law governing a measure to ensure security of supply of land flow 13), which have assumed responsibility for the derogation, communicate at 6.00 hours of each day for which the gas supply for the following gas day is declared in the event of a gas shortage in the whole territory of the Czech Republic, to the market operator electronically in the format defined by the market operator, but up to the maximum amount of the gas supply of such demand points or distribution capacity for the following gas day in the event of a demand level 10 and for which an application for international assistance in gas crisis situations may be made.
(2) In the event of a number 10 demand level being declared and the operating situation in the gas system still causes a significant gas shortage for the supply of gas to protected customers on the following gas day, the transmission system operator shall inform the Ministry of the state of the gas system by 7: 00 a.m. and communicate to the Ministry a recommendation on the possibility of applying a request from the Czech Republic to another Member State for international assistance in gas crisis situations. The Ministry shall decide by 9: 30 a.m. on the possibility of submitting an application to the Member States for international assistance in gas crisis situations and shall inform the transmission system operator and the market operator thereof without delay.
(3) The Ministry, the transmission system operator and the market operator shall immediately publish information on the application for international assistance in gas crisis situations in a manner that allows remote access.
(4) When receiving international assistance in gas crisis situations within the framework of market measures in the Member States, the requirements of clearing entities registered in accordance with paragraph 1 in the information system of the market operator in an aggregated quantity shall constitute the requirement of the Czech Republic to receive international assistance in gas crisis situations. The market operator shall provide the Ministry and the transmission system operator with information on the amount of gas required to receive international assistance in gas crisis situations.
(5) The transmission system operator shall inform the Ministry, at the request of the Ministry without undue delay, of the free transmission capacity at the transmission system border points for the following gas day.
(6) The Ministry sends a request to the Member States of the European Union for international assistance in gas crisis situations on the following gas day and informs the market operator and transmission system operator about this step.
(7) On the basis of the Government's decision to accept international assistance in crisis situations in the gas industry, the Ministry shall accept Member States' offers and at the same time inform the market operator and transmission system operators and publish the price per unit of gas supplied in a way that allows remote access on its website.
(8) When applying market measures in the Member States, the transmission system operator shall enter in the name and account of the Ministry on the transport capacity reservation platform an instruction for the purchase of transport capacity in the amount determined by the Ministry and shall inform the Ministry and the market operator without undue delay of the quantity of transport capacity purchased for the Czech Republic and its price.
(9) The market operator shall, on the basis of the information provided by the Ministry on the decision of the Government to accept international assistance in crisis situations in the gas sector in the application of market measures in the Member States, cooperate with the Ministry and shall register the appropriate nomination of the gas in accordance with the procedure laid down by other legislation4) corresponding to the total amount of tenders received from Member States of the European Union or individual participants in the gas market abroad pursuant to paragraph 7. The market operator shall inform the Ministry and the transmission system operator without undue delay whether the requirements of the settlement entities referred to in paragraph 1 have been met in whole or in part.
(10) Where the requirements of settlement entities referred to in paragraph 1 are not fully satisfied on the basis of market measures in the Member States, the market operator shall determine the difference between the quantity registered in accordance with paragraph 1 and the size of the registered nomination referred to in paragraph 9 for a given gas day for each clearing entity and its aggregated value for all clearing entities and shall communicate that value to the Ministry. Furthermore, after consulting the transmission system operator, the Ministry shall decide on the continued acceptance of international assistance in crisis situations in gas from Member States of the European Union. On the basis of the decision referred to in the second sentence, the Ministry shall send a new request for international assistance in crisis situations in the gas sector when applying non-market measures in the Member States to the Member States of the European Union.
(11) On the basis of a request submitted pursuant to paragraph 10, the Ministry shall collect new additional offers from Member States of the European Union or from individual gas market participants abroad with delivery at border interconnection points. Following a decision by the Government, the Ministry shall accept bids in accordance with the first sentence and inform the market operator and transmission system operator at the same time. The tenders received pursuant to paragraph 7 shall be without prejudice to this.
(12) When applying non-market measures in the Member States, the transmission system operator shall allocate capacity at border interconnection points at a quantity determined by the Ministry and shall inform the Ministry and the market operator without undue delay of the amount of capacity allocated to the Czech Republic and its price.
(13) The market operator shall, on the basis of the information provided by the Ministry on the Government's decision to accept international assistance in crisis situations in the gas sector in the application of non-market measures in the Member States, cooperate with the Ministry and register the appropriate nomination of the gas in accordance with the procedure laid down by other legislation4) corresponding to the total amount of the offers received from Member States of the European Union or individual gas market participants abroad pursuant to paragraphs 7 and 11. The market operator shall inform the Ministry without undue delay whether the requirements of the settlement entities referred to in paragraph 1 have been met in whole or in part.
(14) The Ministry shall, through a market operator in the name and on behalf of the Czech Republic, settle payments with the gas operators referred to in paragraph 1. The terms and manner of settlement of payments referred to in the first sentence shall be made public by the market operator in a manner that allows remote access.
Procedures for granting international assistance in crisis situations in gas
(1) The Ministry shall without undue delay inform the Government of the Czech Republic, the market operator and the transmission system operator of the announcement of an emergency situation in a Member State of the European Union1). The market operator shall, on the basis of this information, through the market operator information system, inform distribution system operators without undue delay and invite all clearing entities to verify, in cooperation with traders who have assumed responsibility for the derogation, and their customers, the possibility of submitting an offer for the supply of gas in international assistance in gas crisis situations when applying market measures in the Czech Republic.
(2) The Ministry shall inform the transmission system operator and the market operator without undue delay of the receipt of an application for international assistance in gas crisis situations by a Member State of the European Union. The Ministry and the market operator shall publish, without undue delay, information on the receipt of the request in a way that allows remote access.
(3) The transmission system operator shall inform the Ministry, at the request of the Ministry without undue delay, of the free transmission capacity at the transmission system border points for the following gas day.
(4) When providing international assistance in crisis situations under market measures in the Czech Republic
(a) clearing entities register binding offers for the sale of gas to the Czech Republic on a given gas day through the information system of the market operator and within the deadline set by the market operator; offer means the quantity required for the sale of gas by the clearing bodies for the gas day and its price in EUR / MWh;
(b) the offers referred to in point (a) constitute, in the information system, the operator of the market of the Czech Republic for the provision of international assistance in crisis situations in the gas sector under another legislation10),
(c) a Member State may accept, through the market operator's information system, the individual offers referred to in point (b) as an offer by the Czech Republic in full or in part in the provision of international assistance in crisis situations in the gas sector under another legislation10); the market operator shall inform the Ministry without delay of the quantity of gas traded in MWh on the solidarity platform for the application of market measures in the Czech Republic,
(d) the market operator shall, upon receipt of the tenders referred to in (c), cooperate with the Ministry and register the relevant gas nominations in accordance with the procedure specified by other legislation4).
(5) The Ministry shall without undue delay inform the transmission system operator and market operator of the possible acceptance of a second request for international assistance in gas crisis situations when applying non-market measures in the Czech Republic. The transmission system operator shall inform the Ministry, at the request of the Ministry without undue delay, of the free transmission capacity at the transmission system border points for the following gas day. The Ministry, the transmission system operator and the market operator shall immediately publish information on the receipt of the request in a way that allows remote access.
(6) When providing international assistance in crisis situations when applying non-market measures in the Czech Republic
(a) clearing entities shall register, through an information system, the market operator under conditions published by the market operator in a way that allows remote access and within the time limit set by the market operator, binding gas supply bids by the Czech Republic for the following gas day in non-market measures in the Czech Republic; offer means the quantity of gas supplied, purchased for the purpose of supplying customers at the basic stage of demand, who must comply with the restriction or interruption of gas consumption under another legislature10), the clearing bodies for the gas day concerned; the settlement entity registers these bids individually for sample steps 7 to 9;
(b) the bids referred to in point (a) in the aggregate quantity by sampling stages No 7 to 9 constitute the market operator in the information system together with other information provided in accordance with other legislation4), the Czech Republic's offer to provide international assistance in gas crisis situations under another legislature10); the price of gas offered according to the sentence before the semicolon in EUR / MWh includes compensation to domestic customers whose gas consumption would be limited due to an emergency call for international assistance in gas crisis situations.
(7) The Ministry, on the basis of the information submitted by the market operator on the total expected gas savings for the individual demand stages for the interruption of gas supply determined in accordance with the procedure referred to in paragraph 6, takes into account the transmission system operator's information on available transmission capacities, sends to the Member States of the European Union an offer of international assistance in gas crisis situations when applying non-market measures in the Czech Republic on the following gas day and informs the transmission system operator and the transmission system operator of the supply.
(8) The requesting Member State of the European Union, where it wishes to accept the offer of the Czech Republic in the framework of non-market measures in the Czech Republic, will do so through the information system of the market operator, by adopting one of the offers referred to in paragraph 6 (b) as an offer by the Czech Republic in providing international assistance in crisis situations in the gas sector under another legislation (10). The market operator shall inform the Ministry and the transmission system operators on the basis of the receipt of the offer in accordance with the first sentence. The market operator shall continue to cooperate with the Ministry and register the relevant gas nominationsusing a procedure specified by other legislation10). The transmission system operator shall, upon notification by the Ministry without undue delay, declare a state of emergency and declare the relevant demand stage for the interruption of gas supply on the following gas day and inform the Ministry and the market operator of the available transport capacities for the following gas day. The Ministry shall notify the market operator of the price of the gas provided, including compensation.
(9) The Ministry shall, through a market operator in the name and on behalf of the Czech Republic, settle payments with a gas supply entity pursuant to paragraph 4 (a) or paragraph 6 (a). The terms and manner of settlement of payments referred to in the first sentence shall be made public by the market operator in a manner that allows remote access.
13) Article 2 (6) of Regulation (EU) 2017 / 1938 of the European Parliament and of the Council. '
30.
Documentation for risk assessment, preventive action plan and emergency plan
(1) In order to carry out the risk assessment under the directly applicable European Union6), the transmission system operator, distribution system operators and gas storage facilities, gas manufacturers and gas traders shall send to the Ministry the supporting documents listed in Annex 2 to this Regulation by 31 May 2026 and every 4 years thereafter by 31 May of the year, unless the Ministry requests the supporting documents under this paragraph more frequently, in view of the circumstances.
(2) In order to draw up a preventive action plan and an emergency plan in accordance with the directly applicable European Union7, the transmission system operator, distribution system operators, gas storage operators and gas manufacturers shall send to the Ministry the supporting documents listed in Annex 2a to this Preventive Action Plan Decision and Annex 1 to this Emergency Plan Decision. The supporting documents for the preparation of the preventive action plan and the emergency plan shall be submitted by 31 January 2023 and every 4 years at the latest by 1 January of the year concerned, unless requested by the Ministry by another deadline. ';
31. in Article 11 (4), the word 'the following' is replaced by 'the given';
32. in § 11 (4) (a) to (d):
"(a) for gas stored in gas storage tanks in the Czech Republic, a copy of the contract with the gas storage tank operator in electronic form;
(b) for gas stored in gas storage outside the territory of the Czech Republic, a copy of the contract or other documentary evidence of the quantity of gas stored by the gas storage operator in electronic form, and at the same time a documentary evidence showing that solid transport capacity to the Czech Republic is ensured;
(c) in the case of diversified gas sources, copies of the contract or other documentary evidence of the supply of the relevant gas volume from the supplier in electronic form, where the point of delivery is a virtual point of business in the Czech Republic; if the point of delivery is a virtual point of business or other place outside the Czech Republic or a border point, a written proof of the supply of the relevant volume of gas from the supplier, and at the same time a confirmation showing a guarantee of fixed transport capacity to the Czech Republic;
(d) in the case of the production of gas which is extractable, a copy of the contract or other written document from the relevant holder of the gas licence in electronic form; gas production is an equivalent alternative to ensuring the safety standard of supply in accordance with Section 11 (3), '.
33.In Article 11 (4) (e) and (f), the word "document" is replaced by "confirmation."
34. In Article 11, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The gas dealer supplying gas to protected customers shall provide the Energy Regulatory Authority with the documents referred to in paragraph 4 (a) to (d) and with the written confirmation referred to in paragraph 4 (e) and (f), including the way in which the gas supply safety standard is ensured for a period where the coefficient: M selected by the market operator in accordance with Annex 3 to this Decree is not zero until 31 August of the year in question, in particular by means of a data box. Where the contracts do not cover the whole period from 1 October to 31 March, where the coefficient M is not zero, or where there is a change in the way the security standard for gas supply is ensured during the period where the coefficient M is not zero, the gas trader shall send a copy of the contract or other written document to the Energy Regulatory Authority by the 10th day of the calendar month for which the security standard for gas supply must be ensured.
(6) For the coming winter period, the gas trader who does not supply gas to protected customers always provides this information in writing to the Energy Regulatory Authority by 31 August of the year concerned. "
Paragraphs 5 to 7 shall be renumbered paragraphs 7 to 9.
35. in Paragraph 11 (8), the words "no later than 15 February of the year in question" shall be replaced by the words "each year together with a 10-year transmission system development plan."
36. In Article 11, paragraphs 10 and 11 are added:
"(10) The gas storage tank operator in the Czech Republic shall provide the Energy Regulatory Authority with data on the daily total quantity of stored gas and the total contracted fixed storage capacity of individual gas traders in the previous month, in accordance with Annex 9 to this Regulation, no later than the 15th day of the calendar month concerned.
(11) The gas trader, which demonstrates the security standard referred to in paragraph 4 (b), shall provide the gas storage tank operator outside the Czech Republic with data on the current daily quantity of gas stored for the preceding month and shall provide it to the Energy Regulatory Authority in accordance with Annex 9 to this Regulation by the 15th day of that calendar month at the latest. "
37. in Article 11a, the words "after deduction of the quantity corresponding to the extent of storage capacity to which a gas market participant has ceased to be entitled to use it in previous periods of time during the storage year" shall be added at the end of the text of paragraph 1.
38. in Paragraph 11a (3):
"(3) Unused storage capacity, i.e. the difference between the minimum stored quantity of gas required for the gas day in question and the actual stored amount of gas on that day, is the subject of an auction at zero or negative call price for the gas storage service under another legislature10). Gas storage contracts for unused storage capacity concluded with a new holder of unused storage capacity and gas storage contracts with a duration of less than 12 months in a given storage year shall not apply until storage capacity is filled with 90% of the milestones referred to in Annex 7 to this Decree. The maximum filling time of the unused storage capacity shall be 90% by the operator, taking into account the technical capabilities of the gas storage tank, but it may not exceed the time set for each gas storage tank as set out in Annex 8 to this Regulation, with a minimum of 10% being filled within 30 days of the start of filling of the unused storage capacity. For gas storage contracts with a duration of less than 12 months in a given storage year, the time to fill storage capacity shall be 90%, the time period to fill storage capacity shall be 90%, as set out in Annex 7 to this Regulation or the maximum time to fill 90% of the unused storage capacity as set out in Annex 8 to this Regulation; a longer time range shall be used. ';
39. In the title of Annex 2, the word "analysis' is replaced by the word" assessment '.
40. In Annex No 2, paragraphs 1 and 2 read:
"(1) The documentation processed by the transmission system operator shall include:
(a) a description of the transmission system and identification of the key infrastructure relevant to security of gas supply;
(b) provision of an infrastructure standard under Regulation (EU) 2017 / 1938
1. formula N-1,
2. identification of the single largest gas infrastructure;
3. calculation of formula N-1 at the level of the Czech Republic,
4. a description of the values used for all parameters in the formula N-1, including the intermediate values used to calculate them;
5. an indication of any methodologies used to calculate parameters in formula N-1;
6. an explanation of the results of the calculation of the formula N-1 at the reservoir level at 30% and 100% of their maximum working volume;
7. an explanation of the main results of the N-1 simulation using the hydraulic model,
(c) two-way capacity
1. interconnection points equipped with two-way capacity and maximum two-way flow capacity,
2. the arrangements governing the use of two-way flow capacity;
3. Exemptions granted from the two-directionality for individual interconnection points,
(d) a proposal for measures to reduce identified risks by the transmission system operator.
(2) The documents processed by the distribution system operator include:
(a) details of:
1. the amount of gas consumption in the defined territory (annual consumption in the last two and four years, maximum daily consumption in the last two years and maximum daily consumption in the last two and four years and in the last twenty years),
2. the actual gas flow at the input and output points of the distribution system (annual gas flow over the last two years, the maximum daily gas flow over the last two and four years and the maximum daily gas flow over the last two and four years and over the last twenty years), including breakdown by type of customer,
(b) a description and likely consequences of scenarios for the following four years and identification of the risks arising therefrom in the failure of the main distribution infrastructure (in particular the interruption of gas flow through one or more national transmission stations);
(c) a description of the occurrence of supply disruption in previous years, including duration, impact on customers;
(d) draft preventive measures to reduce identified risks;
(e) a description of the distribution system and identification of the key infrastructure for security of supply. ';
41. the words "(total and working volume)" shall be added to Annex 2 (3) (a) at the end of the text of point 2.
42. In Annex 2 (3) (b) and (4) (b), the word "two" is replaced by the word "four."
43. In Annex 2 (5), the words "and the proposal for preventive measures to reduce the identified risks' are replaced by the words" the distribution of gas sources by country of origin and the proposal for preventive measures to reduce the identified risks, in particular with a view to the interruption of supply from the main supplier '.
44. the following Annex 2a is inserted after Annex 2, including the title:
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Regulation Information
| Citation | Decree No. 37 / 2023 Coll., amending Decree No. 344 / 2012 Coll., on the state of emergency in gas and on the way to ensure the safety standard of gas supply, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.02.2023 |
|---|---|
| Effective from | 15.02.2023 |
| Effective until | - |
| Status | Valid |
Public Contracts 2
smlouva o dílo
Základní škola a mateřská škola Ostrava - Bělský L...
AQUA-AGRO SERVIS, s.r.o.
68 000 CZK
01.11.2024
Smlouva o poskytnutí dotace na projekt „Dětský den a energie T.J. Sokol Plzeň Letná“
statutární město Plzeň
Tělocvičná jednota Sokol Plzeň Letná
20 812 CZK
02.09.2024
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