Decree No. 370 / 2010 Coll.
Decree amending Decree No. 365 / 2009 Coll., on Gas Market Rules
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Order
Effective from 01.01.2011
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370
DECLARATION
of 8 December 2010
amending Decree No. 365 / 2009 Coll., on Gas Market Rules
According to Section 98a (2) (i) of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended by Act No. 158 / 2009 Coll.:
Decree No. 365 / 2009 Coll., on Gas Market Rules, is amended as follows:
1. Paragraph 1 (3) is deleted.
2. in Paragraph 2 (1) (b):
"(b) financial collateral - ensuring the financial nature of the gas market participant resulting from commercial relations with the market operator or distribution system operator,";
3. In Paragraph 2 (1), the words "in a calendar year provided for normal climatic conditions' shall be added at the end of the text in point (j).
4. in Paragraph 2 (1) (r):
"(r) storage capacity - the operating volume of the part or whole virtual gas storage tank in m3, the production or input power in m3 / day or the production or input curve in m3 / day, ';
5. in Article 2 (1) (t):
"(t) normal weather conditions - average 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,"
6. In Article 2 (2), at the end of point (p), the dot is replaced by a comma and the following points (q) to (t) are added:
"(q) planned annual gas consumption - the value of gas consumption obtained from historical actual gas consumption, adjusted for the effect of temperature, as determined in accordance with Annex 10 to this Decree,
r) actual weather 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,
(s) the recalculated annual gas consumption - the value of the gas consumption obtained from actual gas withdrawals, translated for a period of 365 days as set out in Annex 10 to this Decree;
(t) planned monthly gas consumption - the monthly value of gas consumption agreed in the gas distribution contract. ';
7. In Article 4, at the end of paragraph 1, the sentence "A gas market participant or a foreign natural or legal person who is not clearing bodies shall be added to the contract to transport gas for a border point."
8. Paragraph 5 (1) reads as follows:
"(1) Under a gas transport contract, the transmission system operator shall allow the settlement entity to reserve standard fixed transmission capacity, daily fixed transmission capacity, standard interruptible transmission capacity, daily interruptible transmission capacity, fixed coordinated day-ahead transmission capacity or fixed non-coordinated day-ahead transmission capacity. An application for the conclusion of a gas transport contract shall be submitted no later than 10 working days before 10: 00. The transmission system operator shall evaluate the application 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. An applicant for the conclusion of a contract shall accept a proposal for the conclusion of a gas transport contract so that the gas transport contract is concluded no later than two working days before 12: 00 hours before the shipment takes place. ';
9. In Paragraph 5 (2), the first sentence is replaced by the following: "The request for a reservation of standard transport capacity, daily transport capacity and next day transport capacity shall be submitted electronically."
10. In Article 5, at the end of paragraph 3, the sentence "Transport capacity in the next day is reserved for border points."
11. in Article 5 (4):
"(4) Gas transport when reserve standard transport capacity starts on the first gas day of the calendar month for which the capacity is reserved. The 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, according to the reservation of the standard transport capacity. The standard transport capacity for border points and points of the virtual gas storage tank may be reserved for a maximum period of 120 gas months following the month in which the request for reservation of the standard fixed or interruptible transport capacity has been made in accordance with § 6 (1). ';
12. In Article 5, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) A fixed coordinated day-ahead transmission capacity may be reserved only for border points for which the downstream transmission system operator makes a reservation of transmission capacity for the same period, the same amount and at the same time by mutual agreement between the two downstream transmission system operators. Reservation of fixed coordinated transport capacity in the next day's mode shall be deemed to be a nomination of a shipment pursuant to § 29 (1) (a) or § 29 (2) (a), provided that it is not possible to re-nominate the shipment in accordance with § 33 (4) at the level of this reserved fixed coordinated transport capacity in the following day's mode.
(7) A fixed day-ahead transport capacity shall be reserved by the clearing entity on the last trading day of the exchange in the Federal Republic of Germany in respect of which gas is traded, prior to the day on which the gas transport begins, using fixed day-ahead transport capacity. The transport of gas by using fixed transport capacity in the next day's mode shall take place for one gas day. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 8 to 10.
13. The following Section 5a is inserted after Section 5:
(1) The transmission system operator shall negotiate a long-term gas transport contract with a gas market participant or a foreign natural or legal person for a single transmission system entry and exit point for a period of at least 10 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 only possible up to the amount in which, in addition to all other capacities reserved for more than 10 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 required 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 entry or exit point of the transmission system and the period of 24 months referred to in paragraph 3 shall be extended to 60 months. ';
14. in Paragraph 6 (1), "10: 00" and in paragraph 2, "12: 00" shall be replaced by "8: 00."
15. in Paragraph 6 (3), "13: 00" is replaced by "8: 30."
16. In Article 6, the following paragraphs 5 and 6 are added:
"(5) A request for a reservation of fixed transport capacity in the next day's mode shall be submitted by the clearing entity between 9.00 and 19.00 on the date referred to in Section 5 (7).
(6) The transmission system operator shall, immediately after receipt of the request for a reservation of fixed transmission capacity in the next day mode, evaluate the request and reserve the capacity in the case of free transmission capacity. ';
17. in Article 7 (3), "13: 30" is replaced by "8: 45."
18. in Article 7 (5), the words "at 13.00" are replaced by the words "at 9.00";
19. In Article 7, the following paragraph 9 is added:
"(9) For the reservation of transport capacity of a foreign natural or legal person at border points and the evaluation of requests by a foreign natural or legal person to reserve transport capacity at border points, the provisions of Sections 5 to 7 shall apply mutatis mutandis. ';
20. in Article 9, paragraphs 7 and 8 read:
"(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 measuring points with measurements of type A and B shall be used. ';
21. in Paragraph 10 (3), the word "anticipated" shall be replaced by "planned."
22. In Article 11 (1), the first sentence is replaced by the following: "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), in the dates referred to in Article 52 (3) or 53 (5), by the customer, if the gas distribution contract is no longer concluded for the demand point or by a new gas supplier in the event that the customer has concluded a contract for the combined gas supply services."
23. Paragraph 11 (2) reads:
"(2) A request for the reservation of distribution capacity and the conclusion of a gas distribution contract for customer 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 the fifth working day at 10: 00 and not earlier than 12 calendar months before the start of the first gas day when the effect of the reservation of distribution capacity is to occur. 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. In the absence of a contract for the distribution of gas to customers' demand points 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. ';
24. In the third sentence of Article 11 (7), "distribution capacity 'is replaced by" twenty-four times the guaranteed hourly capacity'.
25. In Article 11, the following paragraph 8 is added:
"(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 meet the requirements, has not been submitted 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 required adjustments. ';
26. in Article 12 (1) and (2), the words "for the customer's sample point, which is classified as a retail customer, shall be inserted after the words" A or B, "and shall be accompanied by measurements of type A or B for which proper monthly readings are made, or for the transfer point between distribution systems."
27. In Article 12, the following paragraph 4 is added:
"(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. ';
28. In Paragraph 13 (3), "maximum daily distribution capacity 'is replaced by" twenty-four times the guaranteed hourly capacity'.
29. in Article 16 (4), at the end of the text in point (d), the words "from the date of application for day-ahead storage capacity with fixed power."
30. in Article 17 (1), the second sentence is deleted;
31. In Paragraph 17 (2), the introductory part of the provision reads: "The operator of the underground gas storage tank shall publish, in a manner that allows remote access no later than 30 calendar days before the start of the multi-wheel electronic auction and not earlier than 12 months before the first gas day of the immediately following storage year for which the annual storage capacity with fixed power is reserved, the terms of the auction for free storage capacity. The terms of the auction shall be proportionate, non-discriminatory and transparent. The terms of the auction contain '.
32. in Article 17 (2) (a):
"(a) the minimum price per unit of storage capacity for the first storage year and the method of calculating the price for the other storage years during the period of booking of storage capacity,"
33. In Paragraph 17 (8), the words "of CZK 0.02 to CZK 0.05 for 1 m3operational volume" are replaced by the words "according to the terms of the auction."
34. In Paragraph 21 (5) of the Introductory Part of the provision, the sentence "In case of an auction for new storage capacity already offered in the auction but not reserved, the operator of the underground gas storage tank shall publish the terms of the auction no later than 30 days before the scheduled start of the auction. '
35. in Article 21 (5) (a):
"(a) the minimum price per unit of storage capacity and the method of calculating the price for the other storage years during the period of booking of storage capacity,"
36. in Article 21 (5), the words "minimum and maximum" shall be inserted at the beginning of point (g);
37.In Paragraph 21 (8), the second sentence is deleted.
38. in Paragraph 26 (4):
"(4) Responsibility for the derogation at the point of entry and exit shall be borne by the relevant gas market participant or by a foreign natural or legal person using that point in the transmission system. It shall be considered that, at entry and exit border points, except for Waidhaus exit point, the last registered nomination or re-nomination of the transport of the relevant clearing entity shall be considered to be a quantity of gas actually delivered or withdrawn, except where there is a restriction or interruption of the transport of gas under the Energy Code (5). ';
39. in Articles 28 (2), 43 (3) and 50 (3), "Article 49 (2)" is replaced by "Article 49 (3)";
40. In Paragraph 29, the following paragraph 6 is added:
"(6) A gas market participant or a foreign natural or legal person who is not settlement entities and only uses border points shall nominate and re-nominate the transmission system operator. The transmission system operator shall control the equality of nominations or re-nominations at entry points and exit points and shall not accept such nominations or re-nominations in the event of an inequality in the sum of nominations or renominations at entry and exit points, taking into account gas to drive such nominations or renominations. ';
41. in Article 33 (4) (d) and (5) (d), the words' after 4.00 'shall be deleted;
42. In Paragraph 36, the following paragraph 9 is added:
"(9) The market operator shall publish, in a manner that allows remote access at the latest on the 13th day of the calendar month, actual revenue for deviations above the permitted tolerance in the last 12 calendar months, broken down by month. ';
43. Paragraph 39 (1) reads as follows:
"(1) The market operator shall organise:
(a) the day-ahead gas market with a closing date of 10: 00 a.m. on the following gas day;
(b) intraday gas market;
(c) a market with unused tolerance. ';
44. in Paragraph 39 (1):
"(1) The market operator shall organise the day-ahead gas market with a bidding deadline at 10.00 hours for the following gas day and intraday gas market. ';
45. in Paragraph 39, paragraph 9 is deleted;
Paragraph 10 shall become paragraph 9.
46. In Section 40, the words "morning and afternoon '," morning and afternoon' and "morning and afternoon 'are deleted.
47. in Paragraph 40 (3), the words "11: 00 and until 17: 00" are replaced by the words "10: 30."
48. in Paragraph 41 (2), "17: 00" is replaced by "10: 30."
49. After Paragraph 42, the following Section 42a is inserted:
Market with unused tolerance
(1) The market operator organises a market with unused tolerance and allows the registration of bilateral transactions with unused tolerance.
(2) If the unused tolerance has an opposite sign to the system deviation, the unused tolerance is equal to zero.
(3) The market with unused tolerance takes place from the 11th day in the calendar month from 12.00 to 10.00 on the following calendar day for all gas days preceding the calendar month.
(4) The market operator shall notify the results of the market with unused tolerance at 11.00 on the 12th day of the calendar month. Following the notification of the results of the market with unused tolerance to individual participants, the market operator shall publish in a manner that allows for remote access to supply and demand curves, the quantity of transactions made on the market with unused tolerance and the price reached for unused tolerance for each gas day of the preceding month. The published data shall not contain information on individual participants in market transactions with unused tolerance.
(5) Registration of bilateral transactions with unused tolerance takes place from the 11th day of the calendar month from 12.00 to 9.00 on the 13th day of the calendar month for all gas days preceding the month.
(6) The market with unused tolerance and the registration of bilateral transactions with unused tolerance take place separately for each gas day. "
50. in Article 44 (1) (b) and (2) (b), the word "allocation" shall be inserted after the word "value."
51. in Article 44 (1) at the end of the text of points (f) and (2) at the end of the text of points (g) to (i), the words "broken down according to the nature of the distribution of gas consumption in the calendar year" shall be added;
52. Paragraph 44 (3) reads as follows:
"(3) No later than the third calendar day before the beginning of the following calendar month, the distribution system operator shall send the market operator:
(a) the estimated values of reserved distribution capacities at customer demand points of the wholesale or medium-sized customer type A and B customers of the retail customer category A and B, for which regular monthly deductions are made, valid from the first day of the following month at all customer demand points that have changed gas suppliers;
(b) the estimated value of the sum of the reserved distribution capacities at customer demand points of the wholesale or medium customer type A and B and of the retail customer category A and B, for which regular monthly deductions are made, valid from the first day of the following month in all customer demand points that have not changed gas suppliers, broken down according to the nature of the distribution of gas consumption in the calendar year;
(c) the values of the planned monthly gas consumption at customer demand points of the wholesale or medium-sized customer with type B measurement and retail customers with type B measurement, for which regular monthly deductions are made, valid from the first day of the following month for the following 3 months at all customer demand points that have changed gas suppliers;
(d) the sum of the values of the planned monthly gas consumption at the sampling points of all customers of the category wholesale or medium customer with type B measurement and of the category retail customer with type B measurement, for which regular monthly deductions are made, valid from the first day of the following month for the following 3 months in all customers who have not changed gas suppliers, broken down according to the nature of the distribution of gas consumption in the calendar year. ';
53. In Paragraph 44 (4), the word "sent 'is replaced by" sent'.
54. In Paragraph 44, the following paragraph 9 is added:
"(9) The data referred to in paragraphs 1, 2, 5 and 6 shall be made available to the clearing entity to which the data relate by the market operator no later than 30 minutes after their receipt. The clearing entity may make such data available to another registered gas market participant in the market operator information system. ';
55. in Paragraph 46 (7):
"(7) In the event that, for the preliminary assessment of the derogations during the gas month, the market operator does not receive preliminary values of gas consumption at customer demand points with type B measurement from the operator of the relevant transmission or distribution system to which the demand point is connected, the market operator shall use a substitute estimate of the daily estimated gas consumption determined as a proportion of the planned monthly gas consumption and the number of days in the calendar month to settle the derogations. Where the planned monthly gas consumption is not available, the market operator shall use an estimate calculated as an average of the actual values for the last known 4 gas days equal to the name stored in the market operator's system. Where no actual values are stored in the market operator system, the market operator shall use the value calculated as 66% of the reserved distribution capacity transferred to the energy units by the GCV of 10,55 kWh / m3 for the settlement of the preliminary deviations. ';
56. in Paragraph 47 (3) (d), the word 'tenth' is replaced by 'eleventh';
57. in Paragraph 47 (3), the dot is replaced by a comma at the end of point (f) and the following point (g) is added:
"(g) daily by 13.00 hours of recalculated supply type diagrams for the following 7 gas days based on forecast climate conditions."
58. In Paragraph 49, the following paragraph 2 is inserted after paragraph 1:
"(2) By 13.30 a.m. each day, the clearing entity may send the market operator a disagreement with the results of the preliminary assessment of the derogations for the previous gas day referred to in paragraphs 1 (a) to (c) and 44 (9). The market operator shall accept the disagreement with the results of the preliminary assessment of the derogations only from the clearing entity, which, on the basis of the notification referred to in paragraph 1, has entered into an omotoleration derogation on the relevant gas day or is greater than 3 000 MWh of the settlement entity. In the event that the market operator assesses the disagreement with the results of the preliminary assessment of the derogations for the previous gas day as justified, the market operator shall notify the clearing entities of the new deadline for the submission of the preliminary derogation referred to in Article 32 (2) no later than one hour before the new deadline for the submission of the preliminary derogation but no later than 16.00 on the same day. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
59. In Paragraph 49, paragraph 6 is added:
"(6) On the date of notification referred to in paragraph 5, the clearing entity may send the market operator a disagreement with the results of the assessment of the derogations for the previous gas month referred to in paragraph 5. The market operator shall accept the opposition to the results of the assessment of derogations only from the clearing entity, which, on the basis of the notification referred to in paragraph 5, has entered into an omotoleration derogation on the relevant gas day or is greater than 3 000 MWh of the clearing entity. In the event that the market operator evaluates the disagreement with the results of the assessment of the derogations for the previous gas month as justified, it shall notify the clearing entities of the new value referred to in paragraph 5 no later than 18.00 on the same day. ';
60.In Paragraph 50 (1), "Paragraph 49 (4) (e) 'is replaced by" Paragraph 49 (5) (e)';
61.In Paragraph 50 (1), "Paragraph 39 (9)" is replaced by "Paragraph 42a."
62. Paragraph 52 (3) to (14) reads as follows:
"(3) At the earliest 12 months before the change in gas supplier and no later than the 10th working day by 10.00 hours before the required change in gas supplier date, the new gas supplier shall submit a request for a standard change in gas supplier to the market operator. Where a new gas supplier provides the supply under the contract for combined gas supply services, it shall submit an application for the reservation of distribution capacity pursuant to Article 11 at the latest on the day of the request for a standard change of gas supplier and not earlier than 10 working days before the request for a standard change of gas supplier. The request for a standard change of gas supplier shall include the following:
(a) identification of the new gas supplier by code, which is identified in accordance with Paragraph 25 (1);
(b) the type of gas supply contract and the date from which the gas supply is to take place and the duration of the contract;
(c) the clearing entity to be responsible for the derogation at the point of collection affected by the change in the gas supplier by means of a code identified under Paragraph 25 (1);
(d) the point of collection and its identification by code, which is identified in accordance with Article 25 (1).
(4) Each working day no later than 12: 00, where the request referred to in paragraph 3 has been accepted by 10: 00 on that working day, the market operator shall inform the market operator, through his information system of the existing gas supplier, the existing clearing entity, the new gas supplier, the new clearing entity, the distribution or transmission system operator to which the demand point is connected, and the other affected entities concerned by the request for a standard change of the gas supplier, by sending the identification of the demand point identified in accordance with Article 25 (1) and the date from which the delivery by the new gas supplier is to take place.
(5) By the deadline referred to in paragraph 3, a new gas supplier shall deliver to the distribution or transmission system operator a request for the reservation of distribution or transport capacity to the customer's demand point referred to in paragraph 3 in the event that the new gas supplier has concluded a contract with the customer for combined gas supply services.
(6) By the fifth working day no later than 18.00 hours after transmission of the information referred to in paragraph 4, the distribution or transmission system operator shall inform the market operator of the possibility or impossibility of booking the distribution or transport capacity at the customer's demand point referred to in paragraph 3. It is not possible to reserve the distribution or transport capacity to the customer's demand point with insufficient financial collateral or with non-compliance with the requirements of the request for reservation of distribution or transport capacity. A failure to comply with the requirements of the application shall not be considered if the new gas supplier completes or modifies the application by 14: 00 on the working day following the day on which the distribution or transmission system operator invites it to remedy the deficiencies in the application, indicating the required modifications. In the event that the distribution or transmission system operator does not inform the market operator in accordance with the first sentence by the fourth working day by 18.00 hours after the transmission of the information referred to in paragraph 4, the market operator shall notify the distribution or transmission system operator accordingly. If the distribution or transmission system operator does not comply with the first sentence but registers the customer's demand point in accordance with paragraph 15, it shall be deemed to have informed the market operator of the possibility to reserve distribution or transport capacity.
(7) The market operator shall inform the existing gas supplier, the new gas supplier, all concerned clearing entities and the distribution or transmission system operators to which the customer's demand point is connected without delay after the date referred to in paragraph 6 of this Article of the possibility of reservation of distribution or transport capacity at the customer's demand point referred to in paragraph 3. In the event that it is not possible to reserve distribution or transmission capacity to the customer's demand point referred to in paragraph 3, the market operator shall inform the current and new gas supplier's information system, the existing and new clearing entity, the transmission or distribution system operator to which the demand point is connected, and the other parties concerned concerned by the request for standard change of the supplier, of the cessation of the standard change of the gas supplier. The existing gas supplier and the existing market operator clearing entity shall inform the information system of the request for continued gas supply.
(8) By the fifth working day no later than 18.00 hours after transmission of the information referred to in paragraph 4, an existing gas supplier may request, through the market operator's information system, to stop the standard change of gas supplier.
(9) By the fifth working day no later than 18.00 hours after transmission of the information referred to in paragraph 4, a new gas supplier may withdraw the request for a standard change of supplier via the market operator's information system.
(10) By the fifth working day at the latest by 18.00 hours after the transmission of the information referred to in paragraph 4, the settlement entity shall notify the settlement entity whether it agrees to the assignment of responsibility for the derogation. As soon as the settlement entity has given its consent to the allocation of responsibility for the derogation at a given demand point, the market operator shall, through the information system of the existing gas supplier, the existing clearing entity, the other settlement entities concerned and the transmission or distribution system operator to which the demand point is connected, inform the settlement entity of the allocation. If, by the fifth working day of the information referred to in paragraph 4, the consent of the clearing entity to the allocation of responsibility for the derogation at a given sampling point is not in the market operator's information system by 18.00 hours after the transmission of the information referred to in paragraph 4, the market operator shall inform the current and new gas supplier, the current and new clearing entity and the other entities concerned and the transmission or distribution system operator to which the sampling point is connected, of the cessation of the standard change of the gas supplier. The existing gas supplier and the existing market operator clearing entity shall inform the information system of the request for continued gas supply.
(11) No later than 20: 00 on the working day on which the request referred to in paragraph 9 was received by 18.00 on that working day, the market operator shall inform the market operator, through the information system of the existing gas supplier, the existing clearing entity, the transmission or distribution system operator to which the demand point is connected, and the other concerned parties to which the request for a standard change of the supplier relates, of the withdrawal of the request for a standard change of the gas supplier.
(12) No later than 20: 00 on the working day on which the request referred to in paragraph 8 was received by 18.00 on that working day, the market operator shall inform through the new gas supplier's information system, all concerned clearing entities and the transmission or distribution system operator to which the demand point is connected that the existing gas supplier has requested to stop the standard change of the gas supplier.
(13) Where an existing gas supplier has requested to stop the standard change of the gas supplier referred to in paragraph 8, the new gas supplier shall confirm in the market operator information system that the customer agrees to the change of the gas supplier no later than the eighth working day from the date of submission by the market operator in accordance with paragraph 4 by 14.00 hours. In the event that a new gas supplier does not confirm in the market operator information system that the customer agrees to a change in the gas supplier, the standard change of gas supplier shall cease and the market operator shall immediately inform the existing gas supplier, the new gas supplier, all concerned clearing entities and the distribution or transmission system operators to which the customer's demand point is connected of the continued supply of the existing gas supplier.
(14) Following the dispatch by the market operator of the demand for the continuation of supplies referred to in paragraph 7 or 10, no later than the eighth working day following the date of submission of the information referred to in paragraph 4 by 14.00 hours, the existing gas supplier and the existing clearing entity shall send agreement to the market operator via the market operator information system. The market operator shall without delay inform the existing gas supplier, all concerned clearing entities, distribution or transmission system operators to which the customer's demand point is connected, and other concerned entities concerned by the request for a standard change of supplier, of the agreement of the existing gas supplier and the existing clearing entity with the continuation of supply. If, by the eighth working day at the time of transmission of the information referred to in paragraph 4, the consent of the existing gas supplier and the existing clearing entity to continue the supply at the given point of supply is not in the market operator's information system, the provisions of paragraphs 54 (4) to 13 shall be applied mutatis mutandis and shall be deemed to be the deadline referred to in paragraphs 54 (5) and 54 (9) to (11), as from the date on which delivery from the existing gas supplier is not ensured. ';
63. In Article 53 (1), the words "the first gas day of the calendar month 'are replaced by the words" the gas day'.
64. In Article 53 (3), the words "at the date of effective change of gas supplier on the basis of the Associated Recalculated Type Delivery Diagram and the latest current expected annual consumption of gas' are replaced by the words" gas consumption at the date of effective change of gas supplier in accordance with Annex 13 to this Decree '.
65. In Article 53, the following paragraph 5 is added:
"(5) If the customer is changed at the point of collection and the gas supplier is changed at the same time, the provisions on the standard change of the gas supplier shall apply mutatis mutandis. The provisions on the standard change of the gas supplier shall apply mutatis mutandis for the start of deliveries to the demand point of the newly connected customer, where the gas supplier is not the supplier of the last instance in the relevant domestic zone, and for the start of deliveries to the demand point after the unauthorised gas collection or distribution by the new gas supplier which is not the supplier of the last instance in the relevant domestic zone.
(a) the request for a standard change of gas supplier pursuant to Paragraph 52 (3) shall be delivered to the market operator by the gas supplier no later than the fifth working day by 10: 00 hours before the required start-up date;
(b) acts to make the change to the supplier pursuant to paragraphs 6 to 12 of Section 52 and 15 shall take place by the third working day; the time limits determined according to the clock are maintained; and
(c) the operator shall notify the result of the assessment of the application for a standard change of gas supplier in accordance with Paragraph 52 (16) by 12 noon at the latest on the fourth working day. ';
66.Paragraph 54 (14) reads as follows:
"(14) For the customer's demand point where the gas supplier has lost the authorisation or the ability to supply and for the customer's demand point where the supplier or settlement entity is not assigned from a date, or where the distribution or transport capacity is not reserved for the customer's demand point, the provisions of paragraphs 1 to 13 shall apply mutatis mutandis, with the market operator publishing the information on the lack of financial collateral referred to in paragraph 1 on the fourth calendar day at 17.30 hours before the date from which the supplier or clearing entity is not assigned to the demand point, or the capacity for the customer's demand point. The operator of the distribution or transmission system shall inform the market operator of the fact that distribution or transmission capacity is not reserved for the customer's demand point unless the customer has requested the termination or interruption of the gas supply. ';
Article 67 (55), including the title, shall be deleted.
68. Paragraph 56, including the title, reads:
Use of gas supply type diagrams for gas supply accounting purposes
(1) For customers, the payment for the distribution of gas and the payment for the activity of the market operator shall be shown separately in the bill in accordance with the price decision of the Authority. In the case of sampling points that are equipped with measurement of type A and B of the category of wholesale and medium customer and customer sampling points of category A or B, which are equipped with measurement of type A and / or B and for which proper monthly deductions are carried out, the bill shall also indicate the payment for exceeding the reserved distribution capacity and the size of the excess.
(2) Part of the bill for the supply of gas to the customer with type C measurement is the quantity of gas collected, including the initial and final state of the gas meter over a given period, and the identification of the sampling point in the form of a code Associated under Section 25 (1).
(3) The gas consumption and the allocation between periods shall be determined in accordance with the procedure set out in Annex 13 to this Regulation, taking into account the deductions made by the distribution system operator and the self-deductions of the customer or gas supplier.
(4) In case of unavailability of data recorded by the measuring equipment for a period specified by other legislation6), the distribution system operator shall use the calculations made by the distribution system operator and duly accepted self-readings of that customer or gas supplier since the last gas supply bill. In order to determine the estimate of gas consumption over the remaining period, the distribution system operator shall proceed with this decree in accordance with Annex 13 (2). ';
(69) In Paragraph 57 (1) (b), the words "upon receipt of an application for interruption or termination of supply" shall be replaced by the words "from the requested working day indicated in the request for termination or interruption of supply if the request for termination or interruption of supply has been received by the distribution system operator at least 5 working days before the requested closing or interruption date; in other cases, the suspension or termination of delivery shall take effect on the 30th day following the date of receipt of the request. ';
70. In Paragraph 58 (1), the words "or transport capacity 'are replaced by the words" customer capacity or transport capacity directly connected to the transmission system'.
71. In Paragraph 58, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Transport capacity for the border point and point of the virtual gas storage tank is reserved in thousands of MWh / day.
(3) The nominations for transport and allocation at the border point and point of the virtual gas storage tank are carried out in the thousands of MWh. '
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Regulation Information
| Citation | Decree No. 370 / 2010 Coll., amending Decree No. 365 / 2009 Coll., on Gas Market Rules |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.2010 |
|---|---|
| Effective from | 01.01.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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