Decree No. 392 / 2011 Coll.
Decree amending Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended
Valid
Order
Effective from 27.12.2011
Text versions:
27.12.2011
12.12.2011
392
DECLARATION
of 1 December 2011
amending Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended
According to Section 98a (2) (a) 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. 211 / 2011 Coll.:
Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended by Decree No. 363 / 2007 Coll. and Decree No. 358 / 2009 Coll., is amended as follows:
1. In Section 1, the words "and models of applications for recognition of a business authorisation granted in another Member State of the European Union 'are inserted after the words" cancellation of a licence'.
2. Paragraph 3 (1) reads as follows:
"(1) Model applications for licences for business in the energy sector are set out in Annexes 1 to 22 to this Decree. '
3. Paragraph 3 (2) reads as follows:
"(2) The models of applications for recognition of a business authorisation granted in another Member State of the European Union are set out in Annexes 24 and 25 to this Regulation. '
4. In Article 4 (a), the words "granting a licence for business in the energy sector (the applicant) 'are inserted after the words" the applicant's addendum'.
5. in Article 5 (a), the word "underground" shall be deleted;
6. in Article 5 (c) and (e), the word "underground" shall be deleted;
7. Article 9, including the title and footnote 5, reads:
Technical assumptions
(1) The applicant demonstrates compliance with the technical assumptions of the energy installation with evidence demonstrating the safety of the energy installation, which is:
(a) for energy equipment newly put into service, a report on the initial revision of the energy equipment, where another legislation imposes an obligation or a technical standard provides for the implementation of the initial revision before putting into service;
(b) for energy equipment already in operation, a report on the initial revision, unless there is an obligation to carry out a regular or operational revision of the energy installation, otherwise a report on the periodic or operational revision of the energy installation, a proof of the test carried out on the energy installation if another legislation or technical standard imposes an obligation to revise the energy installation or tests on the energy installation;
(c) in the case of a low pressure boiler room, a register of professional inspection of the boiler room.
(2) A document certifying the safety of an energy installation may be replaced by an expert opinion certifying the safety of an energy installation.
(3) The documents proving the revision, inspection or examination referred to in paragraph 1 or the expert opinion referred to in paragraph 2 shall not be more than 6 months old on the date on which they are submitted to the Energy Regulatory Authority, unless the specific legislation or technical standard provides for a different deadline for their implementation.
(4) The applicant demonstrates compliance with the technical assumptions below.
(a) a decision authorising the disposal of waters where, under the Water Law, a permit for the disposal of water is a condition for the operation of an energy installation;
(b) for electricity or gas transmission activities,
1. an inventory of transmission or transmission system equipment; the applicant shall provide the technical data on the transmission or demand points between the transmission or transmission system and other electrical or gas system installations, the length of the lines of transmission or transmission system equipment and the drawings of these lines on the cadastral map;
2. data on the interconnection of the transmission or transmission system with systems operated in States neighbouring the Czech Republic and data on the connection of the transmission or transmission system to electricity or gas plants, distribution systems or gas storage facilities; the applicant shall indicate the names of the municipalities and, where applicable, their parts and the names and code numbers of the cadastral territories in which the points of connection or interconnection of the transmission or transmission system are located.
(5) If the energy installation is a construction according to the building code 5), the applicant demonstrates that the technical assumptions of the energy installation are met
(a) in the case of an early-use power plant, by authorising the construction office to use the building before it is fully completed;
(b) for energy equipment in test operations
1. a building permit, if the performance of the test operation has been stored by the construction office in the building permit,
2. a decision of the construction office according to which approval may be given only after completion of the test operation;
(c) for other energy installations newly put into service
1. by a territorial decision, where the construction office has provided that it will not require a declaration or a building permit to carry out the construction or installation,
2. by territorial agreement, in the case of construction or equipment which does not require a building permit or notification,
3. by announcing the intention to start using the construction office and at the same time by declaring to the applicant that the construction office has not prohibited the use of the building,
4. approval of the approval procedure;
(d) for energy equipment already in operation
1. by a territorial decision, where the construction office has provided that it will not require a declaration or a building permit to carry out the construction or installation,
2. by territorial agreement, in the case of construction or equipment which does not require a building permit or notification,
3. by announcing the intention to start using the construction office and at the same time by declaring to the applicant that the construction office has not prohibited the use of the building,
4. a housebuilding decision or approval granted under the Construction Act (5), or documentation, where appropriate, of the actual implementation of the construction or simplified documentation.
(6) In the case of an energy installation which has already been used for business in the energy sector on the basis of a decision to grant a licence under the Energy Act, the applicant may demonstrate that the technical assumptions referred to in paragraph 5 are met in a credible manner, as well as in another way to demonstrate compliance with the conditions for the use or operation of the construction under the Construction Act (5).
5) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 68 / 2007 Coll. '.
8. The following Annexes 24 and 25 are added:
"Annex No 24 to Decree No 426 / 2005 Coll.
APPLICATION FOR RECOGNITION OF UNDERTAKING AUTHORITIES
in the energy sector established in another Member State of the European Union for natural persons
Příloha č. 25
Annex No. 25 to Decree No. 426 / 2005 Coll.
APPLICATION FOR RECOGNITION OF UNDERTAKING AUTHORITIES
in energy sectors established in another Member State of the European Union for legal persons
"
Transitional provision
Applications submitted before the validity of this Order are assessed in accordance with Decree No. 426 / 2005 Coll., as effective until the entry into force of this Order.
Efficacy
This Decree shall take effect on the 15th day following its publication.
President:
Ing. Vitásková v. r.
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Regulation Information
| Citation | Decree No. 392 / 2011 Coll., amending Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.2011 |
|---|---|
| Effective from | 27.12.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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