Government Decree No. 442 / 2022 Coll.
Government Regulation amending Government Regulation No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation, as amended by Government Regulation No 343 / 2022 Coll.
Valid
Regulation
Effective from 01.01.2023
Text versions:
01.01.2023
23.12.2022
442
GOVERNMENT REGULATION
of 14 December 2022
amending Government Regulation No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation, as amended by Government Regulation No 343 / 2022 Coll.
Act No. 20 / 20, Act No. 21 / 20, Act No. 21 / 20, Act No. 20 / 20, Act No. 21 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20, Act No. 20 / 20 / 20 / 20, Act No. 20 / 2011 Coll.
Government Decree No 298 / 2022 Coll., on the determination of electricity and gas prices in an exceptional market situation, as amended by Government Decree No 343 / 2022 Coll., is amended as follows:
1. In Article 2, at the end of the text of paragraph 4, the words "and the supply of electricity to the point of consumption through direct lines from the electricity plant 'are added.
2. In Article 2, the following paragraph 7 is added:
"(7) The provisions of this Regulation shall apply mutatis mutandis to the supply of electricity to the point of consumption of the customer through direct lines from the electricity plant; the provisions on substantive condition for the application of a fixed price consisting of the registration of a demand point in the market operator's system shall not apply. ';
3. In Article 3, at the end of paragraph 7, the sentence "Where the supply of electricity or gas for which the price for the supply of electricity or the price for the supply of gas referred to in paragraph 1 or 2 relates to the specified value of electricity or gas shall apply the price for the supply of electricity or gas for contracts negotiated in accordance with paragraph 6 to the specified value of the supply of electricity or gas. ';
4. In Paragraph 4 (1) (b) (2), the words "or is" are replaced by "and are."
5. In Article 4 (2), the word "a 'shall be deleted at the end of point (a).
6. in Article 4 (2), the following point (b) is inserted after point (a):
"(b) 80% of the maximum monthly value of electricity at the point of collection referred to in Article 5, which is connected to the distribution system at a high or very high voltage level, in the case of a customer who is an entrepreneur but is not a small or medium entrepreneur (" large entrepreneur ") or fails to meet the conditions of substance for the application of the specified price of electricity to small or medium-sized entrepreneur; and"
Point (b) shall be renumbered (c).
7. in Paragraph 4 (4) (a), the words "and at the point of collection do not produce electricity from gas" shall be replaced by the words "except for the supply of gas for electricity production."
8. in Article 4 (4), the following point (b) is inserted after point (a):
"(b) 80% of the maximum monthly value of gas collection at the point of collection referred to in Article 5, where the customer is a large entrepreneur or fails to fulfil the conditions of substance for the application of the fixed price of gas to small or medium-sized enterprises, with the exception of the supply of gas for electricity production,";
Points (b) and (c) shall be renumbered (c) and (d).
9. in Paragraph 4 (4), the word "or" shall be deleted at the end of point (c).
10. in Article 5 (3), the words "electricity suppliers" shall be replaced by the words "electricity traders."
11. in Article 5, the following paragraph 4 is inserted after paragraph 3:
"(4) In the case of the supply of electricity to the points of consumption via direct lines, the maximum monthly value of electricity shall be determined by the electricity producer, the actual electricity consumption values for the relevant calendar month at which the price for the supply of electricity to the customer referred to in Article 4 (2) is applied, being the electricity consumption values used by the electricity producer to account for the supply of electricity. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis. ';
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
12. in Article 5, the following paragraph 8 is inserted after paragraph 7:
"(8) Where the gas supply price referred to in Article 3 (2) is applied to a specified value of gas collection at the sampling point and the customer has also collected gas for electricity or heat energy in a calendar month, the determined value of the gas consumption per calendar month shall be assessed from the highest monthly value of gas consumption for electricity production and the amount of gas consumed for heat generation pursuant to Article 4 (4) (c) or (d). If the actual consumption of the gas by the customer, less the amount of gas consumed for electricity production and the amount of gas consumed for heat generation in the calendar month, exceeds the fixed value of the gas, the gas dealer shall determine the ratio of the determined value of the gas and the actual gas consumption reduced by the amount of gas consumed for electricity production and the amount of gas consumed for heat energy production. Paragraph 6 of the last sentence shall apply mutatis mutandis. When assessing the proportion of the gas supply consumed for the production of heat energy pursuant to Article 4 (4) (c) or (d) at a specified price, the procedure laid down in paragraph 7 shall be followed. ';
Paragraph 8 shall become paragraph 9.
13. in Article 5 (9), "4" is replaced by "5," "5" is replaced by "6" and "6" is replaced by "7."
14. in Article 5, the following paragraph 10 is added:
"(10) Where the contract provides for the determination of the price for the supply of electricity or gas pursuant to Article 19e (2) of the Energy Act and where the settlement period falls at least partly within the period for which electricity or gas prices are determined by this Regulation, the price for the energy unit referred to in Article 19e (2) of the Energy Act shall be evaluated for the application of the determined price of electricity or gas for the part of the settlement period for which electricity or gas prices are determined by this Regulation. '
15. in Article 6 (5), "(a)" is inserted after "Article 4 (2)."
16. In Article 6, at the end of paragraph 5, the sentence "The condition for applying the price for the supply of electricity to a customer pursuant to Article 4 (2) (b) shall be the provision of a customer's declaration in accordance with the model of the declaration set out in Annex 7 to this Regulation that he is a large entrepreneur or requires the supply of electricity under the conditions laid down for a large entrepreneur, an electricity trader who provides the supply of electricity to the customer's demand point. ';
17. in Paragraph 6 (6), the words "or the requirement to supply electricity under the conditions laid down for a large enterprise" shall be added at the end of the second sentence and in the third sentence, the words "or the requirement to supply electricity under the conditions laid down for a large enterprise" shall be inserted after the word "reality."
18. In Article 6, at the end of paragraph 6, the sentence "Where a customer who is a large entrepreneur or who has requested the supply of electricity under the conditions laid down for a large entrepreneur does not exercise the right to supply electricity under the conditions laid down for a large entrepreneur, the second and third sentences shall apply mutatis mutandis."
19. in Article 7 (4), the word "if" and the word "do not produce" shall be replaced by "produced."
20. In Article 7, at the end of paragraph 4, the sentence "The condition for applying the price for the supply of gas to a customer pursuant to Article 4 (4) (b) shall be the provision of a customer's declaration, in accordance with the model of the declaration set out in Annex 8 to this Regulation, that it is a large entrepreneur or requires the supply of gas under the conditions laid down for a large entrepreneur and that it produces electricity from gas to a gas dealer who provides gas to the customer's demand point of supply. '.
21. in Article 7 (5), "(b) or (c)" shall be replaced by "(c) or (d)";
22. In Article 7, the following paragraphs 6 and 7 are inserted after paragraph 5:
"(6) Where a customer declares, in accordance with Article 4 (4) (a) or (b), that it produces electricity from gas at the collection point, the requirement for applying the price for the supply of gas to the customer is to provide the value of gas for the generation of electricity to the gas trader which provides the supply point of the customer, as set out in Annex 1 to this Regulation, if at the collection point it also consumes gas for the production of heat energy pursuant to § 4 (4) (c) or (d), otherwise in accordance with the statement set out in Annex 9 to this Regulation.
(7) Where, pursuant to Article 4 (3) (b) (1), (3) or (4), a customer produces electricity from gas at the collection point, the provision of the value of the gas used to produce electricity to the gas trader providing the gas supply to the customer's demand point shall be subject to the requirement for applying the price for the supply of gas to the customer, as set out in Annex 9 to this Regulation. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 8 to 10.
23. In Paragraph 7 (8), at the end of the second sentence, the words "or the requirement to supply gas under the conditions laid down for a large entrepreneur 'shall be added, and in the third sentence, the words" or the requirement to supply gas under the conditions laid down for a large entrepreneur' shall be inserted after the word "reality '.
24. in Article 7 (8), the fourth sentence shall be deleted and the words "The statement referred to in paragraph 4 shall be provided by the customer no later than the fifth" shall be replaced by "The customer shall provide the statement referred to in paragraphs 5 to 7 no later than the seventh."
25. In Article 7, at the end of paragraph 8, the sentence "Where a customer who is a large entrepreneur or who has requested the supply of gas under the conditions laid down for a large entrepreneur does not exercise the right to supply gas under the conditions laid down for a large entrepreneur, the sentences of the second and third shall apply mutatis mutandis."
26. Paragraph 7 (10) is deleted.
27. in Paragraph 8 (2), the words "electricity suppliers" are replaced by the words "electricity traders."
28. in Article 9 (1), the words "heat energy producer" shall be deleted;
29. The following Section 12a is inserted after Section 12:
Prohibition to negotiate certain contracts with consumers in an exceptional market situation
For the period of supply of electricity or gas, which at least partly falls within the period for which prices of electricity or gas are determined by this Regulation, it shall be prohibited to negotiate with the consumer a contract for combined electricity or gas supply services with a way of determining the price directly dependent on changes in the price of electricity or gas in short-term organised electricity or gas markets and relating to the hourly consumption of electricity or daily gas, unless the supply of electricity or gas to a sampling point equipped with continuous measurement of electricity or gas. ';
30. in Paragraph 13 (2), "2 and 4" is replaced by "2, 3 and 5," after "2 to" the number "4" is replaced by "5" and after "No 2 to" the number "6" is replaced by "8."
31. In footnote 1, "5 'is replaced by" 6'.
32.
"Annex No 1 to Government Decree No 298 / 2022 Coll.
"
33. In Annex 4, "6 'is replaced by" 5' after "to" 5 '.
34. Annex 5 reads as follows:
"Annex 5 to Government Decree No 298 / 2022 Coll.
"
35. The following Annexes 7 to 9 are inserted after Annex 6:
"Annex No 7 to Government Decree No 298 / 2022 Coll.
Příloha č. 8
Annex No 8 to Government Decree No 298 / 2022 Coll.
Příloha č. 9
Annex No 9 to Government Decree No 298 / 2022 Coll.
"
Efficacy
This Regulation shall take effect on 1 January 2023.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister for Industry and Trade:
Ing. Síkela v. r.
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Regulation Information
| Citation | Government Decree No. 442 / 2022 Coll., amending Government Decree No. 298 / 2022 Coll., on Determination of Electricity and Gas Prices in Extraordinary Market Situation, as amended by Government Decree No. 343 / 2022 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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