Act No. 382 / 2021 Coll.

Act amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended, and other related laws

Valid Law Effective from 01.01.2022
382
THE LAW
of 15 September 2021
amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Act on Supported Energy Sources
Čl. I
Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended by Act No. 407 / 2012 Coll., Act No. 310 / 2013 Coll., Act No. 90 / 2014 Coll., Act No. 131 / 2015 Coll., Act No. 107 / 2016 Coll., Act No. 190 / 2016 Coll., Act No. 103 / 2017 Coll., Act No. 183 / 2017 Coll. and Act No. 541 / 2020 Coll., are amended as follows:
1. At the end of footnote 1, the sentences "Regulation (EU) 2018 / 1999 of the European Parliament and of the Council of 11 December 2018 on the management of the energy union and climate action, amending Regulations (EC) No 663 / 2009 and (EC) No 715 / 2009 of the European Parliament and of the Council, Directives 94 / 22 / EC, 98 / 70 / EC, 2009 / 31 / EC, 2009 / 73 / EC, 2010 / 31 / EU, 2012 / 27 / EU and 2013 / 30 / EU of the European Parliament and of the Council and repealing Regulation (EU) No 525 / 2013 of the European Parliament and of the Council, in force. Directive (EU) 2018 / 2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources. '
2. in Article 1 (1) (a), the words "aid for electricity and heat" shall be replaced by the words "aid for electricity, heat and biomethane," and the words "production of electricity and heat" shall be inserted after the words "temporary transformation support for heat supply systems and ensuring the adequacy of such support."
3. in Article 1 (1) (b):
"(b) rules for the development and regulation of supported energy sources;"
4. in Article 1 (1) (e), "and heat" shall be replaced by "heat and biomethane."
5. In Article 1, at the end of paragraph 1, the dot is replaced by a comma and the following point (g) is added:
"(g) the rights and obligations of persons supplying fuel and electricity for transport purposes and the competence of public authorities in ensuring that the renewable energy targets in the transport sector are met.";
6. in Paragraph 1 (2) (b), "consumption of primary energy sources" is replaced by "final energy consumption."
7. In Paragraph 1 (2) (d), the words "and the contribution of the Czech Republic to 'shall be inserted after the words" and the words' and the words' energy in the Czech Republic 'shall be replaced by' energy in the European Union '.
8. In Article 1, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) to create conditions for meeting the targets for the use of renewable energy in the heating and cooling and transport sectors."
9. In Article 1 (3), the words "granting of aid 'shall be inserted after the words" regulating'.
10. in Article 2 (1) (a) and (b):
"(a) renewable sources of renewable non-fossil energy, such as wind energy, solar energy (thermal and photovoltaic), geothermal energy, ambient energy, ocean or wave energy, water energy, biomass energy and fuels produced from it, landfill gas energy, sewage sludge energy and biogas energy;
(b) biomass of biodegradable fraction of products, waste and residues of biological origin from agriculture, forestry and related sectors and from fisheries and aquaculture, including plant and animal substances, as well as biodegradable fraction of waste, including industrial and municipal waste of biological origin, the agricultural biomass being biomass produced in agriculture and forest biomass being biomass produced in forestry. "
11. at the end of the text in point (c), the words "; biogas shall also be regarded as sludge and landfill gas."
12. in Article 2 (1) (e):
"(e) biomethane-treated biogas, the quality and purity of which meets the qualitative parameters of natural gas."
13. in Article 2 (1) (i):
"(i) gross final energy consumption of the energy commodity delivered for energy purposes for industry, transport, households, services including public services, agriculture, forestry and fisheries, consumption of electricity and heat in the energy sector in the production of electricity, heat and fuels used in the transport, and loss of electricity and heat in distribution and transmission,";
14. in Article 2 (j) and (k), the words "financial amount" shall be replaced by the words "funds" and the words "designated" shall be replaced by the words "designated."
15. in Article 2, the following point (l) is inserted after point (k):
"(l) by means of a green bonus for biomethane, the funds to support the production of biomethane under this Act to the producers of biomethane,"
Points (l) to (v) shall be renumbered as points (m) to (w).
16. in Article 2, the following point (o) is inserted after point (n):
"(o) biomethane production and biogas treatment equipment or biogas treatment equipment for biomethane."
Points (o) to (w) shall be renumbered as points (p) to (x).
17. in Article 2, the following point (r) is inserted after point (q):
"(r) the producer of biomethane, the operator of the biomethane factory."
Points (r) to (x) shall be renumbered s) to (y).
18. in Article 2 (y), "heat from secondary sources" is replaced by "waste heat."
19. in Paragraph 2, at the end of point (y), the dot is replaced by a comma and the following point (z) is added:
"(z) waste heat or waste cold heat or cold generated as a by-product in industrial plants, electricity plants or in the service sector where the combined production process of electricity and heat has been or will be used, or where the combined production of electricity and heat is not feasible, which would be dispersed into air or water without access to the thermal energy supply system without use.";
20. In Article 2, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For the purposes of this Act:
(a) a power source for a power plant or part of a power plant capable of operating separately and put into service separately;
(b) a non-fuel electricity source using wind energy, solar energy, geothermal energy or water energy to produce electricity;
(c) the fuel source of electricity, the source of electricity used for the production of electricity, the combustion of biomass, biogas or mining gas, or the source of electricity, the combined production of electricity and heat;
(d) by modernising the electricity generation plant, the restoration of the electricity generation plant involving the full or partial replacement of equipment or operating systems and equipment to replace the installed power or increase the efficiency or installed power of the power plant; a fuel change shall be considered as upgrading;
(e) the reference purchase price for electricity set by the Office for the purpose of calculating the hourly green electricity bonus;
(f) the reference auction price for electricity offered by the auction bidder;
(g) by an auction bonus, funds to support the production of electricity from renewable sources equal to the difference between the reference auction price and the hourly price, or funds to support the production of electricity from high-efficiency cogeneration or secondary sources offered by the auction bidder;
(h) the power output of the biomethane plant installed the capacity of the biomethane plant in Nm3 / year;
(i) biomass fuel gaseous or solid fuel produced from biomass;
(j) the energy of the surrounding environment naturally occurring thermal energy and energy accumulated in an environment defined by certain boundaries which may be stored in the air, with the exception of waste air, or in surface or waste water;
(k) geothermal energy stored in the form of heat under the earth's surface;
(l) a guarantee of origin an electronic document showing the origin of the energy supplied to the customer;
(m) advanced biomethane biomethane produced from the raw materials referred to in the implementing legislation. "
21. In Part One, Title II, including the title and footnotes Nos 4 and 22:

„HLAVA II

DEVELOPMENT AND REGULATION OF ENERGY SUPPORTED RESOURCES
§ 3
(1) The draft integrated national energy and climate plan shall be drawn up by the Ministry in accordance with the directly applicable regulation of the European Union governing the management of the energy union (4) (hereinafter referred to as the "national plan"). The draft national plan, the manner in which the observations are submitted and the adjustments thereto and the sufficient time to submit them shall be published by the Ministry in a manner which allows remote access.
(2) The national plan is approved by the Government.
(3) The national plan also includes the objectives of the Czech Republic in the field of electricity and heat generation from high-efficiency cogeneration and secondary sources, in addition to those laid down by the directly applicable European Union Energy Union Regulation.
(4) The Government of the Republic of Moldova provides for electricity, heat and bio-methane plants which have been put into service since 1 January 2022, electricity plants which have been upgraded from 1 January 2022, and for electricity for the maintenance of the power plant in operation (hereinafter referred to as "maintenance support for electricity") and for heat for the maintenance of the heat plant in operation (hereinafter referred to as "maintenance support for heat) and for temporary transformation support for heat supply systems for at least 3 calendar years.
(a) the types of aid to be used for the aid;
(b) the forms of aid referred to in Article 8 to be used to support the generation of electricity put into service as from 1 January 2022 and to power plants for which the modernisation of the power plant has been carried out since 1 January 2022;
(c) the types of sources supported and the size of electricity generation, heat generation and power generation of biomethane pursuant to Sections 4 (2), 5 (2), 6 (2), 6a, 6c, 24 (2), 25a (1), 26b and 27a (1) to be supported;
(d) the quantity of heat from renewable sources delivered to the heat supply system distribution plant in the case of joint combustion of renewable sources and non-renewable sources pursuant to Article 25a (3) to be supported;
(e) the definition of heat not covered by the transitional transformation support for heat supply systems and the price of the greenhouse gas emission allowance ensuring the transition to the transformation of heat production;
(f) the maximum amount of the financial security in the case of an auction;
(g) the definition of the types of supported energy sources under this Act for which it will apply
1. the construction permit (22) of the electricity plant as a condition for participating in the auction;
2. a common auction for power plants put into service from 1 January 2022 and for modernised power plants;
(h) the definition for which type of energy source supported under this Act will be the aid separately for the electricity source and for the electricity generation plant;
(i) the duration of the maintenance support for electricity, the duration of the maintenance support for heat and the period during which transitional transformation support for heat supply systems is granted.
(5) Each calendar year, the Government shall issue the Regulations referred to in paragraph 4 supplementing the definitions referred to in points (a) to (h) for the next calendar year or years so that the definitions are determined for a period of at least three calendar years.
§ 3a
(1) The market operator shall publish by the 15th day of each subsequent calendar month, in a manner enabling remote access, information on the number of power generation plants for which the manufacturer has registered in the market operator's system the support of the modernised electricity generation plant and the number of power generation, heat production and biomethane production, which have been put into service since 1 January 2022, and on their aggregated installed electricity, thermal and power output, broken down by type of sources supported and operating aid for which aid has been registered in the market operator's system. Furthermore, the market operator shall, within the time limit and in accordance with the first sentence, publish information on the quantity of heat supported from renewable sources delivered to the heat supply system distribution plant in the event of joint combustion of renewable sources and non-renewable sources from the beginning of the calendar year concerned.
(2) Where the aggregated installed electricity output for power plants not subject to an auction, or heat output for heat plants or biomethane production plants, broken down by type of sources supported and operating aid published by the market operator, reaches the aggregated power value by type of sources supported by the government, broken down by type of sources supported over the defined period, then electricity, heat or biomethane produced in electricity, heat or biomethane produced in power plants, heat or biomethane used in the relevant type of supported resource, shall not be subject to aid under this Law, for electricity, heat or biomethane produced in the electricity generation plant from the first day of the fifth calendar month following the publication of the information on the achievement of the aggregate power for the corresponding source supported. A defined period shall mean the period for which the government has established a definition in accordance with Paragraph 3 (4).
(3) Paragraph 2 shall not apply in the case of a power plant, a heat plant or a biomethane plant for which a building permit has been granted by a legal power (22) before the date of publication of the information of the market operator on the achievement of the cumulative power value referred to in paragraph 2 and for which the upgraded power plant will be registered in the market operator's system within 2 years from the date of publication of the information by the market operator referred to in paragraph 1. Where a price decision does not specify the amount of aid at the time the electricity, heat or biomethane plant is put into service or at the time of registration of the modernised electricity plant in the market operator's system, the amount of aid fixed for those plants put into service or upgraded in the calendar year in which information on the achievement of the cumulative power value referred to in paragraph 2 has been published shall apply.
(4) Where the quantity of heat from renewable sources supplied to the heating plant of the heat supply system is exceeded in the case of joint combustion of renewable sources and non-renewable sources provided for by the Government Regulation pursuant to Article 3 (4) (d), the market operator shall, from the first day of the second calendar month following the month in which the information on such excess is published, reduce the amount of the green heat bonus from renewable sources supplied from the joint combustion of renewable sources and non-renewable sources from the first day of the calendar year in which the actual amount of heat from renewable sources supplied to the heating system in the case of combined combustion of renewable energy and non-renewable sources provided by the Government under Article 3 (d).
(5) The Ministry will publish, in a way that allows remote access, the estimated amount of funds for operating aid, with a distinction to support electricity, heat and biomethane and investment aid for the following 3 calendar years.
4) Regulation (EU) 2018 / 1999 of the European Parliament and of the Council.
22) Article 118 (1) of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. '
22. In the first sentence of Article 4 (1), the words "or the proportion of electricity from renewable sources in the case of co-incineration of renewable and secondary sources or non-renewable sources' are deleted.
23. In Article 4, at the end of paragraph 2, the sentence "In the case of electricity generation put into service from 1 January 2022, the aid for electricity from renewable sources may only apply to electricity generation plants using water energy in electricity production to the installed power of 10 MW, wind, solar, landfill and sludge gas."
24. Paragraph 4 (3) is deleted.
Paragraphs 4 to 12 shall become paragraphs 3 to 11.
25. in the first sentence of Article 4 (3), the words "and the electricity referred to in paragraph 5" shall be deleted;
26. in Article 4 (4) (c) and (d), including footnote 36:
"(c) from solid biomass fuels in a power plant with a total rated thermal input of more than 20 MW or from biomass gaseous fuels in a power plant with a total rated thermal input of more than 2 MW, only electricity produced from biomass fuels meeting the sustainability criteria for biomass fuels and greenhouse gas emission savings under the implementing legislation shall be supported; biomass fuels produced from wastes and residues other than residues from agriculture, aquaculture, fisheries and forestry must only meet the criteria for greenhouse gas emission savings, excluding electricity produced from solid municipal waste which is not subject to the criteria for greenhouse gas emission savings,
(d) the use of solar energy shall cover only electricity produced in a electricity production plant not located on agricultural land I or II.
36) Article 3 (5) of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund. '
27. in Article 4 (4) (f):
"(f) bioliquids shall cover only electricity produced from bioliquids meeting the sustainability and greenhouse gas emission saving criteria laid down in the implementing legislation; bioliquids produced from waste and residues other than residues from agriculture, aquaculture, fisheries and forestry shall only meet the criteria for saving greenhouse gas emissions, excluding electricity produced from solid municipal waste which is not subject to the criteria for saving greenhouse gas emissions. ';
28. in Article 4 (5), points (b) and (c) are deleted;
Points (d) and (e) shall be renumbered points (b) and (c).
29. in Paragraph 4 (5) (b), "6, 7 (a), 8 or 9," is replaced by "5 or 6,"
30. in Article 4 (5) (c):
"(c) measured by a measuring device which has recorded the measured values incorrectly in such a way as to benefit the manufacturer as a result of unauthorised interference with that measuring device or of a breach of security against unauthorised manipulation or error and failure of the measuring device; or"
31. in Article 4, the following point (d) shall be added at the end of paragraph 5:
"(d) produced from biomethane to which the aid for biomethane has been applied under this Act."
32. Paragraph 4 (6) reads:
"(6) A producer who uses for technological reasons both biogas or biomass and other fuels shall be entitled to support electricity from renewable sources only to the energy share attributable to biogas or biomass. The method of determining the supported quantity of electricity shall be laid down in implementing legislation. ';
33. In Article 4, paragraphs 7 to 11 are deleted.
34. In the first sentence of Article 5 (1), the words "or a proportion of electricity from secondary sources in the case of co-incineration of secondary and renewable sources or non-renewable sources' are deleted.
35. in Article 5, at the end of paragraph 2, the sentence "In the case of electricity generation put into service from 1 January 2022, the promotion of electricity from secondary sources may only apply to power plants using mining gas."
36. In the first sentence of Article 5 (3), the words "in cogeneration 'are deleted and the second sentence is deleted.
37. in Article 5, paragraph 4 is deleted;
Paragraphs 5 to 9 shall be renumbered paragraphs 4 to 8.
38. in Article 5 (5) (b), "6 or 7 (a)" is replaced by "5."
39. in Article 5 (5) (c):
"(c) measured by a measuring device which has detected the measured values incorrectly by benefiting the manufacturer as a result of unauthorised interference with that measuring device or a breach of security against unauthorised manipulation or error and failure of the measuring device.";
40. In Article 5, paragraphs 6 to 8 are deleted.
41. In Article 6, at the end of paragraph 2, the sentence "In the case of electricity generation put into service from 1 January 2022, the promotion of electricity from high-efficiency cogeneration may apply only to natural gas generating plants. '
42. in Article 6 (4) (b), the words "and 4" and "7 (a)" shall be inserted after the words "3" and "7 (a)," or "5," respectively;
43.In Article 6 (4) (c):
"(c) measured by a measuring device which has recorded the measured values incorrectly in such a way as to benefit the manufacturer as a result of unauthorised interference with that measuring device or of a breach of security against unauthorised manipulation or error and failure of the measuring device; or"
44. in Article 6, the following point (d) is added:
"(d) produced by incineration of waste."
45. in Article 6, paragraphs 5 to 8 are deleted;
46. The following Sections 6a to 6c are inserted after Section 6, including the headings:
„§ 6a
Maintenance support for electricity
(1) The Authority provides for maintenance aid for electricity in order to compensate for the difference between the specific operating costs of biomass production and the specific operating costs of solid fossil fuels.
(2) The scope and total amount of the specific operating costs used by the Authority for determining the amount of the maintenance support for electricity referred to in paragraph 1 shall be laid down in the implementing legislation.
(3) The maintenance aid for electricity shall cover electricity produced from biomass in the electricity production plant, provided that the use of useful heat is ensured at least 50% of the heat produced.
(4) The Authority shall adjust the amount of the maintenance support on an annual basis on the basis of monitoring the operating costs and their changes.
(5) The registration of this aid in the market operator system by the manufacturer is a condition of the right to maintenance support.
(6) Maintenance aid for electricity is not granted until:
(a) publication of the report on the sectoral investigation into the adequacy of the electricity support provided for in Article 31;
(b) the submission of a final order pursuant to Paragraph 35 (8), where, in the case of a power-generating facility before registration of maintenance support for electricity in a market operator's system, a procedure has been followed to determine the conditions of the aid ex officio; or
(c) the presentation of a proof demonstrating non-compliance in the case of found excess aid for a power plant prior to the registration of maintenance support for electricity in a market operator's system where an obligation to return funds to the State budget is imposed pursuant to Article 35 (5) (b).
(7) In addition, the requirements, conditions and rules set out in Sections 4, 5 and 6 apply to the maintenance support of electricity.
§ 6b
Adaptation of electricity generation facilities
(1) The adjustment of the electricity generation plant does not affect the right to support the electricity produced before the modification of the plant and the conditions for granting such aid, except in the cases referred to in paragraph 2 and in Section 6c.
(2) In the event of an increase in the installed power of the electricity generation plant by the adjustment of the electricity plant, and the manufacturer does not apply the aid to electricity produced in the modernised electricity generation plant pursuant to § 6c, the right to electricity support shall apply to:
(a) non-fuel electricity sources for the quantity of electricity in relation to the installed power of the electricity production plant before and after treatment of the plant;
(b) fuel sources of electricity for the quantity of electricity corresponding to the generation of electricity before the treatment of the installation; the method of determining the amount of electricity shall be laid down in the implementing legislation.
(3) In addition, the requirements, conditions and rules set out in Sections 4, 5 and 6 apply to the adjustment of electricity generation facilities.
§ 6c
Modernization of the power plant
(1) The aid for electricity produced in a modernised electricity production plant shall cover electricity produced in that electricity production plant subject to the conditions and requirements for the modernisation of the electricity production plant for each of the types of supported energy sources laid down in the implementing legislation.
(2) The registration of this aid in the market operator system by the manufacturer is a condition for the right to support electricity produced in a modernised electricity production plant.
(3) By registering aid for a modernised electricity production plant, the right to aid for electricity arising before the modernisation of the electricity plant is carried out is no longer established.
(4) In the case of electricity produced in a modernised electricity generation plant
(a) from biomass, the aid for electricity shall apply to electricity produced in the electricity production plant where:
1. for the production of electricity using agricultural biomass having a power output up to and including 7,5 MWel, put into service until 31 December 2012, ensure the application of useful heat of at least 40% of the produced heat;
2. in the case of electricity production not covered by point (a) (1), ensure the application of useful heat at least 50% of the heat produced;
(b) from biogas with the exception of landfill and sludge gas, the aid for electricity shall apply to electricity produced in a power plant which is distant;
1. more than 5 km from the nearest point of its possible connection to the gas installation of the transmission system operator, distribution system operator or other gas manufacturer, provided that the application of useful heat at least 40% of the heat produced is ensured;
2. less than 5 km from the nearest point of its possible connection to the gas installation of the transmission system operator, distribution system operator or other gas manufacturer, provided that the application of useful heat at least 50% of the heat produced is ensured; This does not apply to cases where it is not possible to connect the electricity generation plant to the transmission system operator, distribution system operator or other gas producer which is less than 5 km away from the electricity generation plant; for such cases, the requirement to ensure the application of the useful heat referred to in point (b) (1) shall apply;
the method of demonstrating the distance of the electricity generation plant from the nearest possible point of connection to the transmission system operator, distribution system operator or other gas manufacturer's gas plant and the impossibility of connecting the electricity plant to the transmission system operator's gas plant, distribution system operator or other gas producer shall be demonstrated by a capacity assurance protocol.
(5) Aid for electricity produced in a modernised electricity production plant is not granted to:
(a) publication of the report on the sectoral investigation into the adequacy of the electricity support provided for in Article 31;
(b) the submission of a final order pursuant to Article 35 (8), where the electricity generation plant has been subject to an ex officio procedure before the modernisation of the electricity plant; or
(c) the presentation of a document proving non-salubility in the case of found excess aid for a power plant prior to the modernisation of the electricity plant, where a recovery obligation is imposed in accordance with Article 35 (5) (b).
(6) The requirements, conditions and rules set out in Sections 4, 5 and 6 also apply to the modernisation of the electricity generation plant. "
47.
"9) Decree No. 16 / 2016 Coll., on the conditions of connection to the electricity system.
10) Decree No. 408 / 2015 Coll., on Electricity Market Rules, as amended by Decree No. 127 / 2017 Coll. '.
48. in Article 7 (3), the sentences of the second and last paragraphs are deleted;
49. in Article 7, paragraphs 4 and 5 are deleted;
Paragraphs 6 to 8 shall be renumbered paragraphs 4 to 6.
50. Paragraph 7 (5) reads:
"(5) The right to support electricity for electricity generation plants put into service from 1 January 2022 shall apply only to electricity production plants whose production plants are not more than 5 years old on the date of entry into service. The right to aid for modernised electricity production plants shall apply only to electricity production plants whose technological units are replaced in the framework of the modernisation are not more than 5 years old at the date of registration of the aid. ';
51.Paragraph 7 (6) shall be deleted;
52. In Paragraph 8 (1), the words "green bonuses for electricity or for the purchase of prices" are replaced by the words "green bonuses for electricity, auction bonuses or purchase prices." The aid in the form of a purchase price shall not apply to electricity plants put into service from 1 January 2022 and to the aid provided for in Sections 6a and 6c. ';
53.Paragraph 8 (2) shall be deleted;
Paragraphs 3 to 6 shall become paragraphs 2 to 5.
54. In Article 8 (2), the words "through the purchaser or the obligor or directly" shall be deleted.
55. in Paragraph 8, paragraph 3 is deleted;

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Regulation Information

CitationAct No. 382 / 2021 Coll., amending Act No. 165 / 2012 Coll., on Supported Energy Sources and on the Amendment of Certain Acts, as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation18.10.2021
Effective from01.01.2022
Effective until-
Status Valid

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Source: Hlídač státu (CC BY 3.0 CZ)
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