Decree No. 436 / 2012 Coll.
Decree amending Decree No. 365 / 2009 Coll., on Gas Market Rules, as amended
Valid
Order
Effective from 01.01.2013
Text versions:
01.01.2013
07.12.2012
436
DECLARATION
of 3 December 2012
amending Decree No. 365 / 2009 Coll., on Gas Market Rules, as amended
Pursuant to Section 98a (2) (i) 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. 365 / 2009 Coll., on Gas Market Rules, as amended by Decree No. 370 / 2010 Coll. and Decree No. 442 / 2011 Coll., is amended as follows:
1. in Articles 2 (1) (h) and 2 (1) (i), the word "nomination" is replaced by "nomination."
2. In Paragraph 2 (2), at the end of point (s), the dot is replaced by a comma and the following points (t) and (u) are added:
"(t) the closed part of the distribution system - the part of the distribution system whose technical arrangement does not allow the transmission of gas from that part of the distribution system to another part of that distribution system or to another distribution system;
(u) EIC code - unique code number clearly identifying the gas market participant and the individual sampling and transfer point. ';
3. Paragraph 4 (1) reads as follows:
"(1) The transmission of gas shall be negotiated by a clearing entity or by a foreign natural or legal person who is not a clearing entity for a border point or a virtual gas storage point. ';
4. in Paragraph 4, the following paragraph 5 is inserted after paragraph 4:
"(5) The gas transport shall be arranged by the gas manufacturer or gas trader for the transfer point or the sum of the gas production points connected to the transmission system. ';
Paragraphs 5 to 8 shall be renumbered paragraphs 6 to 9.
5. In Article 4 (6), the words "the transmission point or the sum of the transmission points of gas production connected to the transmission system 'shall be inserted after the words" the border point'.
6. In Article 5 (3), the words ", the transfer point or the summary of gas production points' shall be inserted after the words" for border points'.
7. In Paragraph 5 (4), "120 'is replaced by" 60'.
8. In Paragraph 5a (1), the words "which is not a clearing entity 'shall be inserted after the words" a legal person'.
9. In Paragraph 5a (1), "10 'is replaced by" 5'.
10. In Paragraph 5a (2), "10 'is replaced by" 5'.
11. in Article 7 (7), "capacity" is replaced by "capacity."
12.Paragraph 7 (9) reads as follows:
"(9) For the reservation of transport capacity by a foreign natural or legal person who is not a clearing entity, at border points and at virtual gas storage points, and the evaluation of requests by a foreign natural or legal person who is not a clearing entity for the reservation of transport capacity at border points and points of virtual gas storage units, the provisions of Sections 5 to 7 shall apply mutatis mutandis. ';
13. in Article 8 (1) (h), the words "the point of transfer or the sum of the transmission points of gas production connected to the transmission system" shall be inserted after the words "the points";
14. In Section 12, paragraphs 5 to 7 are added, including footnote 8:
"(5) The distribution system operator shall reduce the reserved distribution capacity of the gas plant connected to the closed part of the distribution system, reserved pursuant to Article 10 (1) (a), (c) or (e), in the event that the amount of hourly customer withdrawals connected to that closed part of the distribution system falls below the hourly output of the gas plant.
(6) Where more than one gas production is connected to a closed part of the distribution system and the distribution system operator makes a reduction in the reserved distribution capacity referred to in paragraph 5, the distribution system operator shall allocate the free distribution capacity in proportion to the size of each gas production capacity reserved.
(7) The distribution system operator shall reduce the reserved distribution capacity referred to in paragraph 5 for the period strictly necessary to ensure the safe and reliable operation of the closed distribution system under another legislation8).
8) Section 64 of Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended. "
15. in Article 16 (1), the words "or a foreign natural or legal person who is not a settlement entity" shall be inserted after the words "settlement entity."
16. In Article 16 (4), the words "or foreign natural or legal person who is not a settlement entity" shall be inserted after the words "settlement entity."
17. in Article 17 (3), the words "or a foreign natural or legal person who is not a settlement entity" shall be inserted after the words "Settlement entity."
18. in § 17 (6), § 19, § 20 (1), § 20 (2), the words "or a foreign natural or legal person who is not a clearing entity" shall be inserted after the words "settlement entity."
19. in Article 20 (2), the words "or foreign natural or legal person who is not a settlement entity" shall be inserted after the words "settlement entity."
20. In Article 21 (4), the words "and foreign natural or legal persons other than settlement entities' shall be inserted after the words" settlement entities'.
21. Paragraph 22 (1) reads:
"(1) In the event that no gas owned by a clearing entity or a foreign natural or legal person that is not a clearing entity has been extracted after the expiry of the storage capacity reservation under the gas storage contract and it is not possible to transfer that gas within the virtual gas storage container on the basis of other existing reserves of the clearing entity or a foreign natural or legal person that is not a clearing entity using a virtual gas storage tank, the gas storage operator shall carry out a controlled sale of gas on the daily organised gas market. ';
22. in Articles 22 (4) and 23 (2), the words "or foreign natural or legal person who is not a settlement entity" shall be inserted after the words "settlement entity."
23. Paragraph 23 (3) reads:
"(3) The gas storage tank operator shall shorten, at the planned limitation or interruption of storage capacity, the reserved storage capacity with fixed storage capacity by reducing proportionally the storage capacity reserved for the days to which the interruption is planned, all clearing entities or foreign natural or legal persons not clearing entities. Where the nomination of a clearing entity or a foreign natural or legal person who is not a clearing entity is below the maximum level of applied reduction, its nomination shall not be affected by storage. The gas storage tank operator shall notify how long the reserved fixed storage capacity will be reduced and shall at the same time notify the planned interruption of storage capacity. ';
24. In Article 23 (4), the words "or foreign natural or legal persons other than the clearing entity" shall be inserted after the words "settlement entities."
25. in Article 24 (2) (b), the words "or foreign natural or legal persons other than the clearing entity" shall be inserted after the words "settlement entities."
26. in Paragraph 25 (1):
"(1) The market operator shall register the code lists of registered gas market participants and manage the code lists of transmission and demand points and other necessary data to identify gas market participants and individual sampling and transfer points. The EIC code is used for code lists. ';
27. in Article 26 (1) to (5):
"(1) The liability for the derogation relates to each individual customer sampling point. The responsibility for the derogation at the sampling points may always be transferred to only one clearing entity, directly or through another registered gas market participant.
(2) Where a settlement entity responsible for the derogation is not assigned to the customer collection point, the market operator of the gas market participant concerned shall invite the gas market participant referred to in paragraph 1 to remedy it. If the settlement entity responsible for the derogation for the customer's demand point is not assigned, the market operator shall inform the relevant operator and affected gas market participants accordingly.
(3) Responsibility for the deviation at the entry and exit points of the virtual gas storage device shall be borne by the competent clearing entity using that point of the transmission system or by a foreign natural or legal person who is not a clearing entity through the transmission system operator. It is true that at the entry and exit points of the virtual gas storage device, the last registered nomination or re-nomination of the transport of the relevant clearing entity or of a foreign natural or legal person that is not a clearing entity is considered to be the quantity of gas actually delivered or withdrawn, with the exception of the limitation or interruption of transport or gas transport activities and the storage of gas under the Energy Act (5).
(4) The responsibility for the deviation at the point of entry and exit shall be borne by the competent clearing entity using that point of the transmission system or by a foreign natural or legal person who is not a clearing entity through the transmission system operator. It is true that at entry and exit border points, the last registered nomination or re-nomination of the transport of the relevant clearing entity or a foreign natural or legal person not being a clearing entity is considered to be the actual quantity of gas supplied or withdrawn, except where there is a restriction or interruption of the transport of gas under the Energy Act (5).
(5) Responsibility for the deviation at the point of entry and exit of the cross-border pipeline or at the point of transfer or the sum of the transmission points of the gas production facilities shall be borne by the competent clearing body using that point or the point of distribution or transmission system or gas storage unit. ';
28. In Paragraph 29 (1), the dot at the end of point (b) is replaced by a comma and the following point (c) is added:
"(c) for the transfer point or the sum of the transfer points of the gas plant as the total planned value of the gas transport at this point in the gas system."
29. in Paragraph 29 (6), the word "Foreign" shall be inserted at the beginning of the paragraph.
30. In Paragraph 31, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The nomination of storage shall be submitted by a foreign natural or legal person who is not a clearing entity in the gas storage tank operator's information system after each code of reserved storage capacity up to the amount of available extractive and input power in such a form as to enable the gas storage operator and the transmission system operator to agree. ';
31. In Paragraph 32, the sentence "The transmission system operator shall verify financial collateral by nominating shipments for foreign natural or legal persons other than settlement entities' is added at the end of paragraph 3.
32. in Article 32 (4) (b), the words "nominations of shipments for customer sampling points" shall be inserted after the words "at the exit point."
33. In Paragraph 32, paragraph 12 is added:
"(12) A foreign natural or legal person who is not a clearing entity shall nominate and pre-nominate the shipment and storage within the deadline referred to in paragraph 1 in the transmission system operator and gas storage operator system. The transmission system operator shall transmit to the market operator a summary of the nominations of shipments by a foreign natural or legal person who is not a clearing entity broken down by entry and exit points of the transmission system. The gas storage tank operator shall transmit to the market operator a summary of the storage nominations by a foreign natural or legal person who is not a clearing entity. ';
34. In Article 33, the following paragraph 9 is added:
"(9) A foreign natural or legal person who is not a clearing entity shall re-nominate the shipment and storage within the deadline referred to in paragraphs 4, 5 and 7 in the transmission system operator and gas storage operator system. The transmission system operator shall transmit to the market operator a summary of the renomination of shipments by a foreign natural or legal person not being a clearing entity broken down by entry and exit points of the transmission system. The gas storage tank operator shall transmit to the market operator a summary of the re-entry of storage by a foreign natural or legal person who is not a clearing entity. ';
35. in Article 44 (5) (a) and (b):
"(a) the provisional allocation of gas supplies at border points by entry and exit points, by clearing entities, broken down by importer and customer, indicating their designation and the sum of the provisional allocation of gas supplies by non-clearing entities to foreign natural or legal persons at border points by entry and exit points;
(b) the pre-allocation of gas supplies by individual entities at the points of the gas storage tanks at each entry and exit points and the individual codes of the reserved storage capacities and the sum of the pre-allocation of gas supplies by foreign natural or legal persons other than the clearing entities at the points of the gas storage units in the breakdown by entry and exit points; ';
36. In Paragraph 44 (5), the dot at the end of point (f) is replaced by a comma and the following point (g) is added:
"(g) the provisional value of the allocation of gas supplies from transfer points or, where appropriate, the sum of gas production points connected to the transmission system.";
37. in Article 44 (6) (a) and (b):
"(a) reserved fixed capacities, reserved interruptible capacities and actual allocation of gas supplies at border points after individual entry and exit points, individual clearing entities broken down by importer and customer, indicating their designation and the total of the reserved fixed capacity, reserved interruptible capacities and actual allocation of gas supplies by non-clearing entities of non-clearing persons at border points by entry and exit points;
(b) reserved fixed capacities, reserved interruptible capacities and actual allocation of gas supplies by individual entities at points of gas storage tanks at each entry and exit point and each code of reserved storage capacity and a summary of the reserved fixed capacity, reserved interruptible capacity and actual allocation of gas supplies of non-clearing natural or legal persons at points of gas storage units at each entry and exit point; ';
38. In Paragraph 44 (6), the dot at the end of point (g) is replaced by a comma and the following point (h) is added:
"(h) the actual value of the allocation of gas supplies from the transmission points or, where applicable, the sum of gas production points connected to the transmission system.";
39. In Paragraph 44 (10), the words "gas months' shall be inserted after the words" working day '.
40. Paragraph 45 (8) reads as follows:
"(8) Corrective data shall be sent by the distribution system operator and the transmission system operator to the market operator no later than three calendar months after the date referred to in paragraphs 1 and 2 and paragraphs 4 and 5 respectively. ';
41. in Paragraph 52 (3), the dot is replaced by a comma at the end of point (d) and the following point (e) is added:
"(e) whether the contract for the supply of gas or associated gas services has been concluded by a consumer or by a natural person in or outside the premises of a new gas supplier."
42. In Paragraph 52 (4), the words "Paragraph 25 (1) and the date from which the supply to a new gas supplier is to be made" shall be replaced by the words "Paragraph 25 (1), the date from which the supply to a new gas supplier is to be made and the indication referred to in paragraph 3 (e)."
43.In Paragraph 52 (9), the words "by the fifth working day until 18.00" shall be replaced by the words "by the 14.00 hours after the eighth working day."
44. in Paragraph 52 (11):
"(11) By 15: 00 at the latest on the working day on which the request referred to in paragraph 9 has been received, the market operator shall, 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 stakeholders concerned concerned by the request for a standard change of supplier, inform the termination of the change process of the supplier. Where an application pursuant to paragraph 9 is submitted to a market operator later than 15.00, the application shall be submitted on the following working day. ';
45. in Paragraph 52 (14), the words "new i" shall be inserted after the words "inform without delay."
46. in Paragraph 53 (4), the number "12" is replaced by "17."
47. The following Sections 53a and 53b are inserted after Section 53, including the title and footnote 9:
Reduction of gas supply
(1) The request to reduce the gas supply to the sampling point is sent by the gas supplier to the market operator via the market operator's information system no later than 10: 00 on the 10th working day before the scheduled termination of the supply. The market operator shall, on the requested date, withdraw the allocation of a demand point to the gas supplier and the concerned clearing entity in its system and inform the gas supplier, the settlement entities concerned and the distribution or transmission system operator to which the demand point is connected without delay.
(2) The request to reduce the supply of gas to the sampling point in the event of withdrawal pursuant to § 11a (2), (3) and (4) of the Energy Act (9) is sent by the gas supplier to the market operator via the market operator's information system no later than 23.00 of the calendar day preceding the date on which the change of supplier in the market operator's system was to take effect, or the withdrawal from the contract under § 11a (3) and (4) of the Energy Act (9). The market operator shall, on the requested date, withdraw the allocation of a demand point to the gas supplier and the concerned clearing entity in its system and inform the gas supplier, the settlement entities concerned and the distribution or transmission system operator to which the demand point is connected without delay. The reduction in gas supply means, in the case of a contract for combined gas supply services, the termination of the reservation of distribution capacity at the sampling point.
Extension of gas supply
(1) The request to extend the supply of gas to the sampling point is sent by the gas supplier to the market operator via the market operator's information system no later than 23.00 hours of the last calendar day of supply. In the application, the original gas supplier shall indicate a new deadline for the termination of the gas supply. The settlement entity shall notify whether it agrees to the assignment of responsibility for the derogation by 23: 30 at the latest on the last calendar day of gas delivery. The market operator shall immediately inform the distribution or transmission system operator, the gas supplier and the clearing entities concerned and the transmission system operator or the relevant distribution system operator to which the demand point is connected. The extension of the supply of gas means, in the case of a contract for combined gas supply services, a continuation of the reservation of distribution capacity to the demand point. The extension of the gas supply referred to in this paragraph shall take effect only if another gas supplier is not assigned to the sampling point in the market operator system at the time of the requested extension.
(2) Where a customer has withdrawn from a contract or several contracts under Paragraph 11a (2) of the Energy Act (9) and this has been demonstrated by the supplier of the gas, which is replaced by another gas supplier (the original gas supplier) as part of the next change, and at the same time requires the continued supply of gas from the original gas supplier, the original gas supplier shall send a request for an extension of the supply of gas to the market operator via the market operator's information system within the deadline referred to in paragraph 1. The market operator shall without delay inform the distribution or transmission system operator, gas supplier, clearing entities concerned and the relevant transmission or distribution system operator to which the demand point is connected of the request request for an extension of the gas supply. The original gas supplier shall indicate in the application a new deadline for the termination of the gas supply and shall clearly indicate that it is an extension of the gas supply on the basis of the customer's withdrawal from the contract under Paragraph 11a (2) of the Energy Act (9). The settlement entity shall notify whether it agrees to the assignment of responsibility for the derogation by the deadline referred to in paragraph 1. The extension of the supply of gas means, in the case of a contract for combined gas supply services, a continuation of the reservation of distribution capacity to the demand point.
(3) The market operator shall notify the outcome of the assessment of the request for extension of the gas supply referred to in paragraph 2 without delay after sending the agreement of the settlement entity to take responsibility for the derogation.
(4) The market operator shall, at the effective date of the extension of the gas supply referred to in paragraph 2, cancel each individual allocation of the demand point to gas suppliers where the customer has demonstrated, in accordance with Paragraph 11a (2) of the Energy Act, that he has withdrawn from the contract and shall immediately inform the original gas supplier, the settlement entities concerned and the distribution or transmission system operators to which the demand point is connected.
9) Act No. 458 / 2000 Coll., as amended. '
48. Paragraph 54 (14) reads:
"(14) The rapid change in the gas supplier referred to in paragraphs 3 to 9 shall also apply to customer sampling points where the gas supplier has no authorisation or the ability to supply gas. In such cases, the market operator shall suspend the gas supplier who has lost the power or the ability to supply gas, the possibility to nominate, transfer and assume responsibility for the derogation and to participate in the day-to-day gas market. A market operator shall immediately provide this information to all registered gas market participants and publish it in a way that allows remote access. The procedure laid down in paragraph 2 shall not apply. '.
49. Annex 4 reads as follows:
"Annex No 4 to Decree No. 365 / 2009 Coll.
Rules for assessing the feasibility of re-nomination of gas transport, distribution and storage
The transmission system operator, distribution system operator or gas storage tank operator shall reject the re-nomination at the entry or exit point of the gas system two hours before and during the gas day if:
(a) nominations at the entry or exit point of the gas system are not mutually agreed;
(b) any of the following inequalities (1) and (2) are met at the entry or exit point of the transmission system
Nrj > Npj + 124 * KSj * 24-T 1
Nrj < Npj (2)
where
j is the gas system input or output point;
T is the hour of the gas day from which the re-nomination is effective; T = 1 for 7.00 hours gas day, T = 2 for 8.00 hours gas day up to T = 24 for 6.00 hours next gas day,
Nrj is the recalculation of a given clearing entity at the entry or exit point of the gas system on a given gas day,
KSj is the sum of all daily reserved fixed or interruptible capacities of the entity's settlement agreed in the contract (s) at the entry or exit point of the gas system j on the given gas day,
Npj is the nomination and re-nomination accepted and registered at t as
Npj (t) = Nj (t-1) -Npj (t-1) 24-t + 2 + Npj (t-1)
for t = 1 Npj (t) = 0
where
Njt is the nomination or re-nomination of the entity at the entry or exit point of the gas system effective at hour t of the gas day,
t is the hour of the gas day from which recovery is effective; t = 1 for the interval < 6.00, 7.00) to t = 24 for the interval < 5.00, 6.00) the following gas day. '
50. In Annex No 7, Part A., point 2, the words "(EIC code) 'are inserted after the words" sampling point code'.
51. in Annex 7, Part B. (2) (i), the words "annual translated" shall be deleted;
52. In Annex No 10, Part A, the following point 4 is added:
"4. The planned annual consumption for the sampling point shall be further converted to 1 January of each calendar year. In this case, the TDD applicable on the 1st calendar year concerned shall apply. ';
53. In Annex 13, point 2, "365 days' is replaced by" 1 year '.
Efficacy
This Decree shall take effect on 1 January 2013.
President:
Ing. Vitásková v. r.
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Regulation Information
| Citation | Decree No. 436 / 2012 Coll., amending Decree No. 365 / 2009 Coll., on Gas Market Rules, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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