Decree No. 426 / 2005 Coll.
Decree on the details of licensing for business in the energy sector
Valid
Order
Effective from 01.11.2005
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426
DECLARATION
of 11 October 2005
on the details of licensing for business in the energy sector
Pursuant to Article 98 (7) of Act No. 458 / 2000 Coll., on the terms of business and on the exercise of public administration in the energy sector and on the amendment of certain laws (Energy Act), as amended by Act No. 670 / 2004 Coll., ("the Act '), the Energy Regulatory Authority provides for the implementation of Sections 5 (9), 7 (5) and 17 (7) (i) and (j) of the Act:
Subject matter
This decree sets out the models for applications for the grant, modification and cancellation of licences and the models for applications for recognition of an authorisation to carry out business granted in another Member State of the European Union, the formalities for the declaration of the representative responsible, the methods for determining the designated territory and establishment, the demonstration of the right to own or use the energy equipment, the methods of proving financial and technical assumptions and the competence for each type of licence.
Application for the grant, modification and revocation of a licence
(1) The models of applications for licences for business in the energy sector are set out in Annexes 1 to 22 to this Decree.
(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 thereto.
(3) The provisions of this Decree, governing the particulars of the declaration of the representative responsible, the identification of the establishment, the identification of the territory defined, the means of proving the right of ownership or use to the energy installation, the demonstration and the presentation of financial and technical assumptions and the methods of proving competence, also apply to the submission of an application for amendment of a decision to grant a licence or an application for revocation of a licence, provided that, by law, such facts need to be demonstrated in the procedure for amending the decision to grant or revoke a licence or attached to the application.
Forms of declaration by the responsible representative
The declaration by the responsible representative accompanying the licence application shall contain:
(a) the name and surname and, where applicable, the addendum of the applicant for an energy business licence (hereinafter referred to as "the applicant"), the name and, where applicable, the business name if the applicant is registered, the business name, registered office or place of business and the licence number of the applicant if the licence has already been granted;
(b) his name, surname, birth number, if any, or date of birth, and citizenship;
(c) the place of permanent residence defined by the name of the State, the municipality and, where applicable, its parts, the street name, the descriptive and indicative number, if assigned, and the postal code; if the responsible representative is a foreign person, then residence outside the Czech Republic and residence in the Czech Republic, if allowed,
(d) a statement of consent to the provision in the office and a declaration that it is not appointed as a representative for the licensed activity with another licence holder;
(e) an officially certified signature (2) of the responsible representative when the declaration of the responsible representative is made in writing to the Office.
Designation of establishments
The establishment shall define in the application for a licence and the documents attached to the application the details by which it is possible to clearly identify the energy installation on which the licensed activity of electricity, gas production, heat energy production or gas storage is carried out or to be carried out. These data are:
(a) the name or other distinguishing designation of the electricity, gas, heat energy source and gas storage unit;
(b) in the case of a power plant, the data on each individual power generation installation, the type of power-generating facility supported, the date of entry into service (if any) or the estimated date of entry into service and the identification number allocated by the Office when the decision to grant a power generation licence was taken (if already allocated);
(c) data identifying the location of the establishment, in particular the name of the municipality and, where applicable, its parts, the street name, the descriptive and indicative number, if assigned, the postal code, the name and the code number of the cadastral territory where the establishment is located, the partition number of the land according to the cadastral location of the establishment, a sketch of the location of the establishment in a copy of the cadastral map;
(d) identification details of the existing and previous electricity, gas, heat energy or gas storage facility operator and of the owner of the property on which or in which the energy facility is located, in particular the name, surname and residence of the non-business natural person, the name and surname and, where applicable, the addendum, the name or, where applicable, the business name, registered office or place of business, in the case of the trading natural person or legal person;
(e) in the case of a water power plant, the river kilometre and the name of the flow on which the electricity plant is located;
(f) technical specifications and other technical data on the electricity, gas and heat energy sources or gas storage facilities.
Designation of the demarcated territory
The designated territory shall be determined in the application for a licence and the supporting documents for the licensed activity of electricity distribution, gas distribution or thermal energy distribution.
(a) a sketch of the continuous territory in which the activity is to be carried out in a copy of the cadastral map or an extension thereof, indicating the cadastral territories, together with a list of the cadastral territories in the continuous territory and a sketch of the location of the energy facility in the cadastral map;
(b) a sketch of the continuous territory in which the activity is to be carried out in the cadastral map or an extension thereof indicating the parcel numbers of the land according to the cadastral register, unless it is possible to determine the demarcated area in accordance with the preceding letter or is more effective for reasons of clarity and clarity, and an outline of the location of the energy equipment in the cadastral map;
(c) a list of the cadastral territories and, where applicable, the parcel numbers of the land according to the cadastral property register, where the distribution system or distribution thermal equipment is located and the final customer sampling points to which the applicant distributes or is to distribute electricity or gas or supply heat energy, and a sketch of the location of the energy facility in the cadastral map indicating the parcel numbers of the land according to the cadastral property register.
Owned or used power equipment and its demonstration
(1) The applicant demonstrates the right of ownership of the energy equipment
(a) an extract from the real estate register, if ownership is registered in the real estate register under special legislation (4), corresponding to the status of entries in the real estate register on the date on which the Office's extract is submitted; the extract from the cadastral may be replaced by the applicant by the number of the ownership sheet and the cadastral territory where the energy facility is located,
(b) by contract on the basis of which the property is transferred if the property right to the property is not the subject of registration in the property register;
(c) a contract on the basis of which the right of ownership of movable energy equipment is transferred;
(d) a contract showing that the applicant is the owner of the movable energy installation;
(e) by the original or a certified copy of the decision of the court or administrative authority, where the applicant has acquired or is confirmed by the decision of the court or administrative authority, or
(f) a confirmation of the acquisition of ownership where the energy facility has been the subject of a public auction.
(2) The applicant demonstrates the right of use for energy equipment
(a) an extract from the register of real estate where the right to use the property results from a right corresponding to the actual burden recorded in the register of real estate under the special legislation (4), the corresponding status of the register of real estate on the date on which the extract was submitted to the Office; the extract from the cadastral may be replaced by the applicant by the number of the ownership sheet and the cadastral territory where the energy facility is located,
(b) the rental contract, borrowing agreement or other contract on the basis of which the applicant is entitled to use the energy installation in question;
(c) by the original or a certified copy of the decision of the court or administrative authority, where the applicant has acquired the right to use the energy equipment on the basis of a decision of the court or administrative authority or its right is confirmed by that decision; or
(d) a certified copy of the instrument of incorporation, provided that the applicant, as a contributory organisation of the territorial authority, attests the transmission of the energy facility held by the body to its administration.
(3) If it is not possible to prove an existing title under the preceding paragraphs in writing, the applicant shall demonstrate the existence of the title by a satisfactory declaration by the Contracting Parties, stating all the particulars of such title.
(4) If the acquisition of the right of ownership of an energy installation or the right of use of an energy installation cannot be demonstrated by the methods referred to in paragraph 1 or 2, since such acquisition titles cannot be documented, the acquisition has taken place by law or can no longer be traced, the acquisition of the right of ownership or the right of use of an energy installation may also be evidenced by other means, without reasonable doubt.
(5) If the applicant is not the owner of an energy installation, it shall, at the request of the Office, demonstrate the ownership of the owner in the manner specified in the preceding paragraphs.
Financial assumptions and methods of demonstrating them
(1) The applicant demonstrates that, during the last 3 years from the date on which the application for a licence was lodged, the court has not cancelled the insolvency proceedings on the applicant's assets because the order for the insolvency proceedings had been complied with, or that the court has not rejected the insolvency application because the debtor's assets were not sufficient to cover the costs of the insolvency proceedings, or that the court has not decided to cancel the insolvency proceedings because the debtor's assets were completely inadequate. Where the last 3 years from the date on which the licence application was submitted fall within the period before 1 January 2008, the financial assumptions referred to in the sentence of the first applicant registered in the Commercial Register shall also be demonstrated by an extract from the Commercial Register, not more than 3 months after the date on which the application was submitted, and by an applicant kept in a trade register or similar register, and not more than 3 months after the date of application.
(2) The applicant demonstrates that he does not have to register arrears on taxes and charges, a certificate of integrity issued by the competent financial authority, not more than 3 months after the date of application. The applicant shall provide proof of non-compliance, issued by the competent customs authority, not more than 3 months after the date on which the licence application was submitted, that no arrears on duties have been registered.
(3) The applicant demonstrates that he does not have to register arrears on social security contributions and contributions to the state employment policy, including periodic penalty payments, attestations (4a), not more than 3 months after the date of application for the licence, issued by the competent district social security administration.
(4) The applicant shall demonstrate that he has not registered arrears in respect of fines and charges against the Czech Republic or the local authorities, which cannot be supported by documents issued under paragraph 2 or 3, and by a declaration of arrears in respect of general health insurance premiums. The applicant shall also provide evidence that, during the past 3 years from the date of the application, the court has not cancelled the bankruptcy proceedings on the applicant's assets because the order for insolvency has been completed or because the court has not rejected the insolvency proceedings because the debtor's assets were not sufficient to cover the costs of insolvency proceedings or because the court has not decided to cancel the insolvency proceedings because the debtor's assets are wholly inadequate when the applicant is engaged in a business activity and is not registered in the business register or held in a business register or similar register, or when the applicant is not engaged in business activities during the relevant period.
(5) The applicant for the licensing of electricity transmission, electricity distribution, gas transport, gas storage, gas distribution, thermal energy production, thermal energy distribution or electricity production, provided that the installed electricity output of the electricity plant is 1 MW or higher, the financial assumptions further demonstrate
(a) the volume of funds available:
1. monthly statements from the bank account on the initial and final balances for the last one current year or for a shorter period, unless they carry on business for at least one year;
2. a statement by the bank in respect of which the applicant has a current account, of the applicant's ability to meet its financial obligations and of movements in the account over the last one current year or less, unless the applicant carries out business activities for at least one year; or
3. a credit agreement or other similar agreement, where the applicant does not have sufficient own resources and a repayment schedule for all existing loans;
(b) the most recent accounts audited by the auditor where the applicant has an obligation to process the audit, including an annex thereto, to the full extent where the applicant has carried out business activities during the previous financial year, or, where appropriate, a tax register or a record of revenue and expenditure under the Income Tax Act (4b);
(c) details of commercial assets and net commercial assets, unless they derive from financial statements, the commercial assets being calculated for the purposes of this decree as the sum of tangible assets, cash and valuables, cash in bank accounts, stocks, receivables including loans and loans and other assets; the value of liabilities, including loans and loans, wages and reserves, shall not be included in the assets; the applicant who maintains the tax records (4a) demonstrates the financial capacity of the commercial property calculated from the data provided in the Natural persons Income Tax return during the last tax period;
(d) a business plan describing the long-term ability to finance the licensed activity and the expected costs and revenues of the licensed activity by the financial balance of the applicant; the content of the applicant's financial balance is set out in Annex No 23 to this Order.
(6) An applicant for a licence for the production of electricity for the installed electricity output of a power plant from 200 kW to 1 MW inclusive can demonstrate the financial assumptions referred to in paragraphs 1 to 3 by a declaration.
(7) The applicant for the grant of a licence for the production of electricity from an installation using a renewable energy source that is newly put into service further demonstrates the financial assumptions by the final budget of the individual items of investment carried out to put it into service.
(8) The applicant for a licence for trade in electricity or gas further demonstrates the financial assumptions for the arrangements referred to in paragraph 5 (a) and (b).
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. a territorial decision in respect of a construction or installation which does not require a building permit or a declaration;
2. by territorial agreement, in the case of construction or equipment which does not require a building permit or notification,
3. by public contract, in the case of construction or installations which do not require a building permit or notification,
4. a regulatory plan in respect of construction or installations which do not require a building permit or notification;
5. 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,
6. 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 building legislation5), where applicable, documentation of actual construction implementation or simplified documentation;
5. another opinion of the relevant building office or other credible way of demonstrating compliance with the conditions for the use or operation of the building pursuant to the building law5).
Demonstration of competence
(1) The applicant shall provide evidence of the education obtained by means of a diploma, diploma, certificate or other evidence of the education achieved, issued by the school in accordance with the legislation in force at the time of achievement of the level of education. The retraining shall be demonstrated by the applicant by a certificate of retraining issued by the retraining establishment in accordance with the legislation in force at the time the retraining is achieved.
(2) The applicant attests to the acquisition of experience in the field of employment certificates or work assessments8) or, where appropriate, in another reliable way, if he has acquired experience in the field of employment. Where the applicant has obtained experience in the field of business activity, the practice obtained shall be evidenced by an extract from the trade register or similar register maintained in another State, showing that he has pursued the business in question for the period required by law.
(3) In order to demonstrate the professional qualification or other competence of nationals of European Union States, this shall be carried out in accordance with the specific legislation9).
Transitional and final provisions
(1) Proceedings initiated prior to the entry into force of this Order shall be completed in accordance with existing legislation.
(2) Forms of applications and annexes thereto are available at the Office's premises and at the Regional Inspectorate of the State Energy Inspection. Applications and their annexes shall also be made available by the Office in a way that allows remote access.
Repeal
Decree No 154 / 2001 Coll., laying down the details of the licensing of business in the energy sector, is hereby repealed.
Efficacy
This Decree shall take effect on 1 November 2005.
Chairman:
Ing. Fiøt v. r.
Příloha č. 1
Annex No 1 to Decree No 426 / 2005 Coll.
A1
APPLICATION FOR GRANTING
licences for business in the energy sector
for natural persons
Příloha č. 2
Annex No 2 to Decree No 426 / 2005 Coll.
Foreign natural person
Attachment to Form A1
Příloha č. 3
Annex 3 to Decree No 426 / 2005 Coll.
A2
APPLICATION FOR GRANTING
licences for business in the energy sector
for legal persons
Příloha č. 4
Annex No 4 to Decree No 426 / 2005 Coll.
Foreign legal person
Annex to Form A2
Příloha č. 5
Annex No 5 to Decree No 426 / 2005 Coll.
Data for information from the Criminal Register
(complete all data according to valid ID)
Příloha č. 6
Annex No 6 to Decree No 426 / 2005 Coll.
B
Provisions
responsible representative
Příloha č. 7
Annex No 7 to Decree No 426 / 2005 Coll.
Declaration
responsible representative
established pursuant to Article 6 of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in Energy Sector and on the Change
certain laws (Energy Act), as amended by later regulations:
Příloha č. 8
Annex No 8 to Decree No 426 / 2005 Coll.
C1
APPLICATION FOR AMENDMENT
licences for business in the energy sector
for natural persons
Příloha č. 9
Annex No 9 to Decree No 426 / 2005 Coll.
C2
APPLICATION FOR AMENDMENT OF THE licence for business in the energy sector
for legal persons
Příloha č. 10
Annex No. 10 to Decree No. 426 / 2005 Coll.
D1
REQUEST FOR REPEAL
licences for business in the energy sector
for natural persons
Příloha č. 11
Annex No 11 to Decree No 426 / 2005 Coll.
D2
REQUEST FOR REPEAL
licences for business in the energy sector
for legal persons
Příloha č. 12
Annex No 12 to Decree No 426 / 2005 Coll.
Production of electricity
LIST OF SINGLE OPERATIONS
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Regulation Information
| Citation | Decree No. 426 / 2005 Coll., on the details of licensing for business in the energy sector |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.10.2005 |
|---|---|
| Effective from | 01.11.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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