Decree of the Energy Regulatory Authority No. 377 / 2001 Coll.
Ordinance of the Energy Regulatory Authority on the Energy Regulatory Fund establishing the method of selection of the designated licence holder, the method of calculation of the demonstrable loss and the amount, including the rules on the payment of financial contributions to that fund
Valid
Order
Effective from 01.01.2002
377
DECLARATION
Energy Regulatory Authority
of 17 October 2001
on the Energy Regulatory Fund establishing the method of selection of the designated licence holder, the method of calculation of the demonstrable loss and the amount, including the rules for paying financial contributions to that fund
Pursuant to Article 98 (8) of Act No. 458 / 2000 Coll., on the terms and conditions of business and on the exercise of public administration in the energy sector and on the amendment of certain laws (hereinafter referred to as "the Act"), the Energy Regulatory Authority provides for the implementation of Sections 13 (2), 14 (11) and 17 (7) (b), (g) and (h) of the Act:
Subject matter
This decree provides
(a) the method of selecting the designated licence holder for the performance of the delivery obligation in excess of the licence (hereinafter referred to as the designated licence holder);
(b) the method of calculating the demonstrable loss in the performance of the obligation to supply in excess of the licence and the supporting documents for the calculation of the demonstrable loss; and
(c) the rules for determining the amount and payment of financial contributions to the Energy Regulatory Fund (hereinafter referred to as the Fund) and the rules for drawing up the Fund's funds.
Method of selection of the designated licence holder
In particular, the selection criterion of a designated licence holder shall be its ability to continue continuous deliveries instead of the previous licence holder and to supply the subject matter of the supply under economic conditions which are the same or better than the existing one. The intended holder of the licence shall have the technical means and the provisions therein in order to be able to fulfil the obligation imposed in the quality required for the period strictly necessary. The intended licensor shall be equipped with personnel and administration in such a way as to be able to demonstrate and demonstrate any loss of activity resulting from the obligation imposed on him.
Method of calculating demonstrable losses
(1) The provision of energy equipment between the transferor and the designated licence holder consists in the transmission of documentation, the components and particulars of which are listed in Annex 1.
(2) The calculation of the demonstrable loss in the fulfilment of the obligation to supply in excess of the licence shall be made on the basis of data of sound or exceptional accounts and separate records of costs and revenues in accordance with specific legislation.
(3) The calculation of the demonstrable loss shall be carried out by the designated licence holder on a form the model of which is set out in Annex 2. The form is available in the Office and in electronic form.
Amount of financial contributions to the Fund
(1) The total amount of the financial contributions to the Fund shall be fixed by the Office no later than 31 August of each calendar year, separately for each energy sector, and shall be published in the Energy Regulatory Journal (hereinafter referred to as the Bulletin).
(2) The amount of financial contributions to the Fund by individual licence holders is equal to the proportion of the annual volume of sales achieved by each of them in the total sector sales over the previous calendar year. The Office shall calculate and communicate to each compulsory licence holder the amount of the allowance to be paid to the Fund.
(3) On the basis of the information provided by licence holders listed in Annex 3, the Authority shall publish in the Bulletin the total annual volume of sales achieved from licensed activities during the previous calendar year.
(4) The procedure for calculating the revenue to be paid to the Fund is set out in Annex 4.
Payment of the financial contribution to the Fund by individual licence holders
(1) The funds intended to cover the demonstrable losses of designated licence holders are kept in the Office's special current account with the Czech National Bank. Account identification details are published by the Office in the Bulletin.
(2) Financial contributions to the Fund shall be paid separately for each type of activity in respect of which a licence is issued under § 4 (1) (c) to (f), (h) and (i) of the Act.
Drawing funds from the Fund
(1) Where the designated licence holder has complied with the obligation to supply in excess of the licence and has incurred a demonstrable loss, the calculation of which he has properly and in a timely manner carried out and documented, he shall be entitled to pay this demonstrable loss from the Fund's funds.
(2) The Office shall examine the elements of the application, calculate the loss declared and determine the amount of remuneration to be paid to the licence holder. 1)
(3) The funds shall be referred to the designated licence holder by 31 August of the relevant calendar year on the account of the designated licence holder.
Efficacy
This Decree shall take effect on 1 January 2002.
Chairman:
Ing. Brekta, CSc.
Příloha č. 1
Annex No 1 to Decree No 377 / 2001 Coll.
Transmission documentation
(a) the transmission protocol;
(b) documentation of the operational technical documentation of the energy installation provided;
(c) evidence of the transfer of employees to another employer within the framework of the energy installation provided - if the transfer of employees and their employment relationships,
(d) supporting documents for the commitment of the donor to possible synergies or consultation in the matters provided by the energy installation.
(a) designation of the determining authority of the Czech Republic - Energy Regulatory Authority,
(b) the name of the transferor and the designated licence holder:
1. licence holder
2. licence number
3. the address of the licence holder indicated in the decision granting the licence
4. validity of the licence
5. start date of licensed activity
(c) the specification of the licence defined in accordance with Article 14 (1) of the Act, which is subject to the performance of the supply obligation in excess of the licence and the energy equipment provided by the donor to the designated licence holder (hereinafter referred to as the "energy equipment provided"),
(d) a description of the energy equipment provided, its components and accessories;
(e) the period for which the energy plant in question is granted to perform the supply obligation in excess of the licence to the licence holder;
(f) the decision to impose a material burden on the use of the energy installation provided, specifying its scope, the extent and manner of payment for the establishment of that right to the transferee or his legal successor, pursuant to Article 10 (8) of the Act,
(g) the way in which the energy equipment provided is transferred and taken over;
(h) the specific conditions of operation of the energy installation provided, where the licence holder has been designated.
When transferring energy equipment, the Office shall proceed in accordance with Section 10 (7) of the Act unless the licence holders agree in accordance with Section 488b and Subpart of the Commercial Code.
Příloha č. 2
Annex No 2 to Decree No 377 / 2001 Coll.
Příloha č. 3
Annex No 3 to Decree No 377 / 2001 Coll.
Příloha č. 4
Annex No. 4 to Decree No. 377 / 2001 Coll.
1) Paragraph 14 (5) 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).
1) Act No. 513 / 1991 Coll., Commercial Code.
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Regulation Information
| Citation | Decree of the Energy Regulatory Authority No 377 / 2001 Coll., on the Energy Regulatory Fund, establishing the method of selection of the designated licence holder, the method of calculation of the demonstrable loss and the amount including the rules on the payment of financial contributions to that fund |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.10.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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